THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: I nominate Harold Barefoot Sanders, Jr., of Texas, to be U.S. circuit judge, District of Columbia, vice Charles Fahy, retired. To the Committee on the Judiciary. LYNDON B. JOHNSON. THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: I nominate Albert J. Henderson, Jr., of Georgia, to be U.S. district judge for the Northern District of Georgia, vice Lewis R. Morgan, elevated. To the Committee on the Judiciary. LYNDON B. JOHNSON. THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: To the Committee on the Judiciary. THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: I nominate Andrew McCaughrin Hood of the District of Columbia to be chief judge of the District of Columbia Court of Appeals for the term of 10 years. He is now serving in this office under an appointment which expired July 7, 1968. To the Committee on the District of Columbia. LYNDON B. JOHNSON. THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: I nominate the following-named persons to be postmasters: Paul B. Riddle, at Odenville, Ala., in place of C. R. Robison, resigned. Kenneth Burke, at Felton, Calif., in place of C. H. Rengstorff, transferred. Gloria A. Vialpando, at Avondale, Colo., in place of V. M. Roe, retired. Edna M. Tucker, at Fraser, Colo., in place of F. E. Conklin, retired. Mary M. Shiver, at Stockbridge, Ga., in place of Bernard Knowles, Jr., deceased. Charles L. Terrell, at Prentiss, Miss., in place of R. B. Quinn, retired. Joy A. Spurlock, at Pineville, Mo., in place of M. L. Manning, retired. Adelard A. Bisson, at Somersworth, N.H., in place of A. W. Proulx, deceased. H. Floyd Smith, at Hemphill, Tex., in place of G. R. Arnold, retired. Herman L. Glass, at Jacksonville, Tex., in place of M. M. Seymour, retired. LYNDON B. JOHNSON. To the Committee on Post Office and Civil Service. THE WHITE HOUSE, September 25, 1968... To the Senate of the United States: I nominate the following-named persons to be postmasters: retired. Donald H. Overmeyer, at Steamboat Springs, Colo., in place of Clarence Patterson, retired. Charles R. DeVault, at Westpoint, Ind., in place of E. B. Johnson, retired. Louis R. Flamard, at Tennent, N.J., in place of S. M. Walldov, retired. James D. O'Connor, at Fair Haven, N.Y., in place of Naoma Brown, retired. Charlotte R. Coffin, at Stanfordville, N.Y., in place of J. N. Post, retired. Norman O. Skytland, at Fairdale, N. Dak., in place of I. J. Iverson, retired. Hayes W. Eckard, at Mifflin, Pa., in place of W. C. McNeal, retired. Woodrow C. Dobbs, at Crockett, Tex., in place of J. H. Reinicke, retired. Vela H. Alexander, at Roscoe, Tex., in place of Grady Norris, retired. Thomas I. Epperson, at Buckingham, Va., in place of R. G. Jones, retired. Paul L. Slusser, at Pullman, Wash., in place of J. T. Roberts, retired. LYNDON B. JOHNSON. To the Committee on Post Office and Civil Service. WITHDRAWAL The following message from the President, withdrawing a nomination, was ordered to lie on the table: THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: I withdraw the nomination sent to the Senate on September 13, 1968, of Mrs. Maxine A. Hodges to be postmaster at Toccopola, in the State of Mississippi. LYNDON B. JOHNSON. CONSIDERATION OF THE CALENDAR On motion by Mr. Mansfield, and by unamimous consent, the Senate proceeded to consider the following nominations on the Executive Calendar: ATOMIC ENERGY COMMISSION Francesco Costagliola, of Rhode Island, to be a member of the Atomic Energy Commission for the remainder of the term expiring June 30, 1969. Without objection, it was Resolved, That the Senate advise and consent to the said nomination. On motion by Mr. Mansfield, and by unanimous consent, the Senate proceeded to consider the following nominations en bloc: INCORPORATORS OF THE CORPORATION AUTHORIZED BY SECTION 902(A) OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 The following-named persons to be incorporators of the corporation authorized by section 902(a) of the Housing and Urban Development Act of 1968: Ernest C. Arbuckle, of California. Edward J. Daly, of California. Edwin D. Etherington, of New Jersey. Edgar F. Kaiser, of California. James J. Ling, of Texas. John L. Loeb, of New York. George Meany, of Maryland. Stuart T. Saunders, of Pennsylvania. Leon N. Weiner, of Pennsylvania. Without objection, it was Resolved, That the Senate advise and consent to the said nominations. On motion by Mr. Mansfield, and by unanimous consent, the following nominations were considered en bloc: AMBASSADORS William G. Bowdler, of Florida, a Foreign Service officer of class 2, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to El Salvador. Leo J. Sheridan, of Illinois, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ireland. Arthur W. Hummel, Jr., of Maryland, a Foreign Service officer of class 1, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Union of Burma. Angier Biddle Duke, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Denmark. Without objection, it was Resolved, That the Senate advise and consent to the said nominations. On motion by Mr. Mansfield, and by unanimous consent, the following nominations were considered en bloc: U.S. ADVISORY COMMISSION ON INTERNATIONAL EDUCATIONAL AND CULTURAL AFFAIRS Arnold M. Picker, of New York, to be a member of the U.S. Advisory Commission on International Educational and Cultural Affairs for a term expiring May 11, 1971. Wayland P. Moody, of Texas, to be a member of the U.S. Advisory Commission on International Educational and Cultural Affairs for a term expiring May 11, 1971. Thomas E. Robinson, of New Jersey, to be a member of the U.S. Advisory Commission on International Educational and Cultural Affairs for a term expiring May 11, 1971. Without objection, it was Resolved, That the Senate advise and consent to the said nominations. On motion by Mr. Mansfield, and by unanimous consent, the following nominations were considered en bloc: UNITED NATIONS DELEGATES The following-named persons to be representatives of the United States of America to the 23d session of the General Assembly of the United Nations: George W. Ball, of New York. William C. Foster, of the District of Columbia. John Sherman Cooper, U.S. Senator from the State of Kentucky. The following-named persons to be alternate representatives of the United States of America to the 23d session of the General Assembly of the United Nations: William B. Buffum, of Maryland. Louis Stulberg, of New York. Mrs. Harvey Picker, of New York. Without objection, it was Resolved, That the Senate advise and consent to the said nominations. PRESIDENT NOTIFIED Ordered, by unanimous consent, that the President be immediately notified of the confirmations this day made. REPORT OF A COMMITTEE The following favorable report of a nomination was submitted: By Mr. Jackson, from the Committee on Interior and Insular Affairs: T. Harold Scott to be a commissioner of the Indian Claims Commission. UNANIMOUS-CONSENT AGREEMENT On motion by Mr. Mansfield (Mr. Williams of New Jersey in the chair), and by unanimous consent, it was ordered that the Senate stand in recess in executive session at the completion of business on Wednesday and Thursday and convene in executive session at 10 a.m. on Thursday and Friday of this week. TREATY REFERRED On motion by Mr. Mansfield, and by unanimous consent, the injunction of secrecy was removed from Executive L, 90th Congress, second session, the convention on Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963, and the letter of transmittal was read as follows: THE WHITE HOUSE, September 25, 1968. To the Senate of the United States: With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith a copy of the Convention on Offenses and 85-106-68-34 Certain Other Acts Committed on Board Aircraft, signed at Tokyo on September 14, 1963. I transmit also, for the information of the Senate, the report of the Secretary of State with respect to the Convention. For several years the United States has supported the development of a multilateral convention dealing with crimes and other acts jeopardizing safety, committed on board aircraft engaged in international aviation. Since aircraft in international air transportation may traverse sovereign airspace at great speeds, and in some cases travel between national borders in a matter of a few minutes, continuity of jurisdiction with respect to crimes and offenses committed on such aircraft is particularly necessary, Presently, there is no widely accepted rule establishing such continuity of jurisdiction. The Legal Committee of the International Civil Aviation Organization (ICAO), at its Sixth Session in June 1950, initiated a study of the possibility of negotiating a treaty which would establish jurisdictional rules in respect of treatment of crimes committed on board aircraft, and related matters. During the ensuing 13 years the attendant problems were discussed fully and their resolutions negotiated. The United States of America was a major supporter of this Convention. To date, the Convention has been signed by 29 States, including the United States, and has been ratified by six. Several features make the Tokyo Convention a desirable international agreement. First, a positive rule of international law is established between contracting States which provides that the State in which an aircraft is registered is competent to exercise jurisdiction over offenses committed aboard that aircraft when it is in flight, or on the surface of the high seas or any other area outside the territory of any State. The Tokyo Convention does not establish a rule of exclusive jurisdiction; rather, it assures that at least the State of registration will have the competence to exercise its jurisdiction while permitting the exercise of concurrent jurisdiction by other countries, depending upon their respective interests in the offense and the applicability of the traditional rules of international law regarding assertion of jurisdiction. Second, the Convention provides for an element of certainty in the powers and authority of the aircraft commander. Without the applicable provisions, the actions of the commander in apprehending or "off-loading" an offender are subject to the laws of the country in which he lands; the correctness of his decisions also may be judged in accordance with the national law of the country overflown. If the commander's conduct was reasonable under the circumstances, the Tokyo Convention protects him against possible civil liability or criminal prosecution. Additionally, any other member of the crew, any passenger, the owner or operator of the aircraft and the person on whose behalf the flight was performed, will be immunized legally if their actions are reasonable and in accordance with the provisions of the Convention. Such immunity will create attitudes and actions, where necessary, that will significantly contribute to maintaining the safety of flight in international aviation. Third, the Convention provides for rules and procedures for the dis embarkation of an offender which may be utilized by the commander in the territory of any State in which the aircraft lands. Provision is also made in the Convention for the right of the aircraft commander to deliver certain persons to the competent authorities of a contracting State in which he lands. Further, the receiving State is obliged to take delivery of an offender and, upon being satisfied that the circumstances so warrant. to take custody or other measures to insure the presence of such a sus |