IN DRILLING COULD WELL HAVE A TOXIC IMPACT ON GEORGE'S BANKS
           DELICATE FISHERIES. MR. PRESIDENT, FISHERMEN FROM CANADA AND
           THE UNITED STATES ARE SUBJECT TO STRICT REGULATIONS GOVERNING
           FISHING ON GEORGE'S BANKS. THESE REGULATIONS ARE DESIGNED TO
           ALLOW FISH STOCKS TO RECOVER AFTER YEARS OF OVERFISHING. THEY
           HAVE INVOLVED CONSIDERABLE SACRIFICES FOR THE FISHERMEN WHO
           DEPEND ON GEORGE'S BANK TO MAKE A LIVING. BUT MR. PRESIDENT,
           THE SACRIFICES ARE PAYING OFF AND THE FISH STOCKS ARE

           RECOVERING. IT WOULD BE A SHAME TO SET BACK OR REVERSE
           COMPLETELY THOSE HARD-WON RECOVERY EFFORTS WITH EVEN THE RISK
           OF A MAJOR OIL SPILL. THE RESOLUTION I AM INTRODUCING TODAY
           ENCOURAGES THE GOVERNMENT OF CANADA TO ACCEPT THE
           RECOMMENDATIONS OF ITS REVIEW PANEL. IT ALSO GOES FURTHER BY
           ASKING OUR NEIGHBOR TO THE NORTH TO EXTEND ITS DRILLING
           MORATORIUM UNTIL THE YEAR 2012 TO MATCH THE AMERICAN

           MORATORIUM. IN THAT WAY, MR. PRESIDENT, BOTH CANADIANS AND
           AMERICANS MAY BE ASSURED THAT GEORGE'S BANK WILL REMAIN TO ITS
           TRADITIONAL USES. THANK YOU, MR. PRESIDENT. I WOULD YIELD THE
           FLOOR.
           

           MR. SESSIONS: AND MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM ALABAMA.
           

           MR. SESSIONS: I WOULD ASK UNANIMOUS CONSENT THAT I BE ALLOWED
           TO PROCEED AS IF IN MORNING BUSINESS FOR 15 MINUTES.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION. MR. SESSIONS: MR.
           PRESIDENT?
           I WOULD LIKE TO MAKE A FEW COMMENTS AT THIS TIME UPON THE DEATH
           OF JUDGE FRANK M. JOHNSON, JUNIOR, A NATIVE ALABAMAN BORN IN
           ALABAMA APPOINTED TO THE FEDERAL BENCH IN 1953 BY PRESIDENT
           EISENHOWER AND WHO WAS BURIED TODAY IN HIS NATIVE WINSTON
           COUNTY, AGED 80. FRANK M. JOHNSON, JUNIOR, WAS A GREAT JUDGE,
           THERE CAN BE NO DOUBT. IT IS APPROPRIATE AND FITTING THAT THIS

           BODY, WHICH REVIEWS AND CONFIRMS ALL MEMBERS OF THE JUDICIARY,
           PAUSE AND CONSIDER HIS OUTSTANDING LIFE. HIS DEATH HAS
           ATTRACTED NATIONAL ATTENTION. WHILE I KNEW HIM AND CONSIDERED
           HIM A FRIEND, I AM CERTAINLY UNABLE TO EFFECTIVELY ARTICULATE
           IN ANY ADEQUATE WAY WHAT HIS LONG TENURE A HAS MEANT TO AMERICA
           AND TO ALABAMA, BUT THE IMPACT OF HIS LIFE ON LAW IN AMERICA IS
           SO IMPORTANT I AM COMPELLED TO TRY AND I JUST HOPE THAT I SHALL

           BE FORGIVEN FOR MY INADEQUACIES. MANY WILL SAY THAT HIS
           GREATNESS WAS TO BE FOUND IN HIS COMMITMENT TO CIVIL RIGHTS AND
           HIS PROFOUND BELIEF IN THE IDEAL OF AMERICAN FREEDOM, WHICH WAS
           DEEP AND ABIDING. THESE WERE INDEED POWERFUL STRENGTHS. OTHERS
           WILL SAY THAT HIS GREATNESS IS A RESULT OF HIS WISE HANDLING OF
           A SERIES OF PIVOTAL CASES THAT CHANGED THE VERY NATURE OF EVERY
           DAY LIFE THROUGHOUT AMERICA, CASES WHICH WERE AT THE FOREFRONT

           OF THE LEGAL SYSTEM'S ACTION TO ELIMINATE INEQUALITY BEFORE THE
           LAW. INDEED IT IS STUNNING TO RECALL JUST HOW MANY IMPORTANT
           CASES JUDGE JOHNSON WAS CALLED UPON TO DECIDE, AND HOW MANY OF
           THESE ARE WIDELY-RECOGNIZED TODAY AS PIVOTAL CASES IN THE
           HISTORY OF AMERICAN LAW. HOW DID IT HAPPEN?
           HOW DID SO MUCH OF IMPORTANCE FALL TO HIM AND HOW DID HE IN
           SUCH A CRUCIAL TIME HANDLE THEM WITH SUCH FIRM CONFIDENCE?

           I TEND TO BELIEVE THAT THOSE CASES AND HIS ACHIEVEMENTS AT THE
           ROOT AROSE OUT OF HIS EXTRAORDINARY COMMITMENT TO LAW. TO THE
           SANCTITY OF THE COURTROOM, AND TO HIS PASSIONATE, FEROCIOUS,
           REALLY, COMMITMENT TO TRUTH. THAT WAS THE KEY TO HIS GREATNESS.
           JUDGE JOHNSON ALWAYS SOUGHT THE TRUTH. HE DEMAND IT HAD, EVEN
           IF IT WERE NOT POPULAR, HE WANTED IT UNVARN IRDB. ONCE THE TRUE
           FACTS IN A CASE WERE ASER ENTERTAINED, HE THEN APPLIED THOSE

           FACTS TO THE LAW. THAT WAS HIS DEFINITI OF JUSTICE. MAKE NO
           MISTAKE, HE WAS VERY HARD WORKING. VERY DEMANDING OF HIS
           OUTSTANDING LAW CLERX, MANY OF WHOM HAVE BEEN FRIENDS OF MINE
           OVER THE YEARS, AND VERY SMART. HE FINISHED NUMBER ONE IN HIS
           CLASS AT THE UNIVERSITY OF ALABAMA SCHOOL OF LAW IN 1943. THIS
           COMBINATION OF IDEALISM, COURAGE, INDUSTRY, AND INTELLIGENCE,
           WHEN APPLIED TO HIS SEARCH FOR TRUTH, ALONG WITH HIS BRILLIANT
           LEGAL MIND, WAS THE SOURCE, I THINK, OF HIS GREATNESS. AND THIS

           EXPLAINS HOW, WHEN HE FOUND HIMSELF IN THE MIDDLE OF A
           REVOLUTION, HE WAS READY, CAPABLE, AND POSSESSED OF THE GIFTS
           AND GRACES NECESSARY FOR THE CHALLENGE. THE HISTORIC CASES HE
           HANDLED ARE ALMOST TOO NUMEROUS TO MENTION. THERE WAS THE
           BUSBOY COT CASE IN MONTGOMERY IN WHICH ROSE A PARKS, THE MOTHER
           OF THE CIVIL RIGHTS A MOVEMENT, WAS ARRESTED FOR FAILING TO
           MOVE TO THE BACK OF THE BUS. THERE HE STRUCK DOWN AL'S'S
           SEGREGATION LAW INVOLVING PUBLIC TRANSPORTATION. THAT WAS THE

           BEGINNING. LATER THERE WAS HIS ORDER ALLOWING THE SELMA TO
           MONTGOMERY MARCH TO TAKE PLACE. THE ORDER TO INTEGRATE HIS ALMA
           MATER, THE UNIVERSITY OF ALABAMA. DESPITE THE FAMOUS AND
           INTENSE OPPOSITION BY GOVERNOR GEORGE C. WALLACE, THE DID HE
           SEGREGATION OF THE ALABAMA STATE TROOP ERGS, HISTORIC PRISON
           LITIGATION CASES AND HIS MENTAL HEALTH RULINGS WHICH WERE
           QUOTED AND FOLLOWED THROUGHOUT THE NATION. EACH OF THESE AND
           MANY OTHER CASES WERE TRULY HISTORIC IN EFFECT AND VERY

           SIGNIFICANT LEGALLY. DID HE GO TOO FAR ON OCCASION?
           WAS HE TOO MUCH AN ACTIVIST?
           ON A FEW OCCASIONS, PERHAPS. SOME WOULD SAY THAT THE REMEDIES
           HE IMPOSED MAYBE WENT FURTHER THAN THEY SHOULD HAVE EVEN THOUGH
           MOST HAVE AGREED THAT HIS FINDINGS OF CONSTITUTIONAL VIOLATIONS
           WERE SOUND. BUT ALMOST IN EVERY CASE, AND IN THE OVERWHELMING
           MAJORITY OF THE CASES, HE SIMPLY FOLLOWED THE LAW AS WE HAD

           ALWAYS KNOWN IT TO BE, BUT UNFORTUNATELY NOT AS WE HAD ALWAYS
           APPLIED IT. WHEN THE STATE TRIED TO STOP THE SELMA TO
           MONTGOMERY MARCH, JUDGE JOHNSON CONCLUDED IN WORDS QUOTED IN A
           VERY FINE OBITUARY BY J. WISE SMITH IN THE POST ON SUNDAY, THE
           AT THE BRIDGE IN SELMA QUOTE, INVOLVED NOTHING MORE THAN A
           PEACEFUL EFFORT ON THE PART OF NEGRO CITIZENS TO EXERCISE A

           CONSTITUTIONAL RIGHT. THAT IS THE RIGHT TO ASSEMBLE PEACEABLY,
           TO PETITION ONE AS GOVERNMENT FOR THE REDRESS OF GRIEVANCES. IT
           SEEMED BASIC TO OUR CONSTITUTIONAL PRINCIPLE, HE WENT ON, "THAT
           THE EXTENT OF THE RIGHT TO ASSEMBLE, DEMONSTRATE AND MARCH
           PEACEABLY ALONG THE HIGHWAYS AND STREETS IN AN ORDERLY MANNER,
           SHOULD BE COMMENSURATE WITH THE ENORMITY OF THE WRONGS THAT ARE
           BEING PROTESTED AND PETITIONED AGAINST. IN THIS CASE THE WRONGS
           ARE ENORMOUS. THE EXTENT OF THE RIGHT TO DEMONSTRATE AGAINST

           THESE WRONGS SHOULD BE DETERMINED ACCORDINGLY." THESE SIMPLE,
           DIRECT AND POWERFUL WORDS ARE TYPICAL OF THE MAN AND HIS WAY OF
           THINKING. THE YEARS IN WHICH HE PRESIDE WRD TU MUSCLE KHUS. THE
           TIMES VERY INTENSE. I REMEMBER THE -- TUMULTOUS. I REMEMBER THE
           TIMES. FEW WHO WERE ALIVE THIS THOSE DAYS DO NOT. FRANK JOHNSON
           AND ROSA PARKS WERE THERE. THEY WERE THERE PARTICIPATING IN THE
           REVOLUTION AND CREATION OF A NEW SOCIAL ORDER IN AMERICA. A

           BETTER SOCIETY IN WHICH WE UNDERTOOK AS A NATION TO EXTEND
           EQUALITY TO ALL PEOPLE. TRUE EQUALITY CERTAINLY HAS NOT BEEN
           FULLY ACHIEVED AS OF THIS DATE. BUT IT IS INDISPUTE TABLE THAT
           WHEN THE HAMMER OF ROSA PARKS HIT THE ANVIL OF FRANK JOHNSON,
           THE SOUND OF FREEDOM RANG OUT LOUD AND CLEAR AND TO THIS DAY
           THAT SOUND HAS NOT BEEN SILENCED. HIS ACTIONS, THE CASES HE
           DECIDED, HAVE CAUSED THE ANVIL OF FREEDOM TO RING AGAIN AND
           AGAIN, AND THAT SOUND HAS CHANGED NOT JUST THE SOUTH AND

           AMERICA, BUT THE ENTIRE WORLD FOR THE BETTER. THOUGH I NEVER
           PERSONALLY TRIED A INJURE CASE BEFORE JUDGE JOHNSON, I DID HAVE
           -- A INJURY CASE BEFORE JUDGE JOHNSON, I DID HAVE APPELLATE
           CASES BEFORE HIM WHEN HE WAS JUDGE APPOINTED BY PRESIDENT
           CARTER IN THE LATE 1970'S. I CERTAINLY KNEW MORATORIUM LAWYERS
           WHO WERE REGULAR PRACTITIONERS BEFORE HIS COURT. I WAS ON ORDER
           TO MEET HIM ON A NUMBER OF OCCASIONS. ONCE I WAS INVITED BY THE
           PRESIDENT OF MY ALMA MATER HUNTINGTON COLLEGE TO HAVE DINNER

           WITH HIM AND A GROUP OF STUDENTS. IT WAS A REMARKABLE DINNER
           WHICH I CAN REMEMBER AND RECALL TO THIS DAY. WHEN I WAS UNITED
           STATES ATTORNEY AND WHEN I WAS A PRIVATE ATTORNEY, I HAD OCCAON
           TO KNOW HIM AND I CONSIDERED HIM A FRIEND. HE HAS -- HE HAD
           HIMSELF BEEN A UNITED STATES ATTORNEY, AS I HAD, AND WE -- AND
           HE HAD GREAT RESPECT FOR THAT OFFICE. IN SEVERAL WAYS AND AT
           VARIOUS TIMES HE MADE COMMENTS THAT AFFIRMED TO ME AND MY
           SERVICE, IT MADE ME FEEL GOD GOOD TO HAVE HIS CONFIDENCE. OF

           THIS I AM CERTAIN, OF A CASE BROUGHT BEFORE JUDGE JOHNSON, IF
           THE LAW AND FACTS WERE ON MY CLIENT'S SIDE, MY CLIENT WOULD
           SURELY WIN. IF NOT, MY CLIENT WOULD SURELY LOSE. THIS WAS HIS
           REPUTATION THROUGHOUT THE BAR AND HE WAS ONE OF HIS HIGHEST
           ACCOMPLISH LSMENTS. HE WAS RESPECTED BY ALL MEMBERS. BAR. THE
           STORIES TOLD BY LAWYERS PRACTICING BEFORE JUDGE JOHNSON WERE
           MANY, AND SOME ARE NOW LEGENDARY. NONE WERE BETTER-TOLD THAN

           THOSE BY THE LONG-TERM FEDERAL PROSECUTOR, BROW WARD SEGRESS
           WHO PRACTICED IN JUDGE JOHNSON COURTROOM THROUGHOUT HIS CAREER.
           NO ONE KNEW OF THE COURTROOM INCIDENT THAN BROW WARD. THERE
           WERE ALMOST AS MANY FRANK JOHNSON STORIES AS BEAR BRYANT
           STORIES.
           
           THE POINT IS THIS: YES, HE WAS FAMOUS. YES, HE PLAYED A
           HISTORIC ROLE IN MAKING THIS A LAND OF EQUALITY. THERE IS NO
           DOUBT ABOUT THAT. AND YES, HE WAS BRILLIANT, AND FEARLESS. HE

           STOOD FOR WHAT HE BELIEVED NO MATTER WHAT THE CONSEQUENCES. AT
           RISK AT TIMES FOR HIS VERY LIFE AND THAT OF HIS FAMILY. BUT IT
           WAS NOT JUST IN THESE GREAT TRIALS AND CASES THAT ONE COULD
           DIVINE THE NATURE OF HIS EXCEPTIONAL CHARACTER. IT WAS ALSO IN
           THE LESSER CASES THAT HE DEMONSTRATED HIS FIERCE DETERMINATION
           TO MAKE JUSTICE COME ALIVE IN HIS COURT. FOR EVERY PARTY IN
           EVERY CASE. LAWYERS WHO FAILED TO FOLLOW THE RULES OF HIS COURT
           OR TO DO AN EFFECTIVE JOB IN REPRESENTING THEIR CLIENTS WERE IN

           BIG TROUBLE. BECAUSE THEY KNEW WHAT HE EXPECTED, WHAT HE
           DEMANDED. THEY CAME TO HIS COURT PREPARED AND READY TO DO
           JUSTICE. THERE IS SO MUCH MORE THAT CAN BE SAID. ONCE HE CALLED
           HIMSELF A CONSERVATIVE HILL BILLY. AND THAT STATEMENT COULD BE
           DEFENDED. TO JUDGE JOHNSON, NO ONE WAS ABOVE THE LAW OR ABOVE
           ANY PERSON WHO APPEARED IN HIS COURT. ALL WERE EQUAL. THOUGH A

           REPUBLICAN, HE WAS THE PERFECT DEMOCRAT WITH A LITTLE "D".
           NEITHER POWER, WEALTH, SKILLED LAWYERING COUNTED A WIT IN HIS
           COURT AND PEOPLE KNEW IT. HE LOVED DEMOCRACY FAIRNESS AND
           JUSTICE. JUDGE JOHNSON WAS VIGOROUSLY INDIGNANT AT CRIME AND
           COULD RUNS. HE FULLY UNDERSTOOD THAT THOSE WHO STOLE OR CHEATED
           WERE PREDATORS AND WERE ACTING IN VIOLATION OF MORALITY AND
           LAW. THIS HE WOULD NEVER TOLERATE. WHILE HE WAS ALWAYS COMMIT

           TODAY PROVIDING A FAIR TRIAL, HE WAS KNOWN AS A PROSECUTOR'S
           JUDGING. HE WOULD NOT TOLERATE CRIMINALITY. JUDGE JOHNSON LOVED
           DEMOCRACY AND FAIRNESS AND JUSTICE. HE SOUGHT TO MAKE THAT REAL
           IN HIS COURTROOM BY FINDING THE TRUTH AND SKILLFULLY WITH
           INTELLECTUAL HONESTY APPLYING THE TRUTH, THE FACTS, TO THE LAW.
           AS GOD GIVES US THE ABILITY TO UNDERSTAND IT, THAT IS JUSTICE.
           AND A JUDGE WHO DOES IT CONSISTENTLY IN GREAT CASES AND SMALL,

           AT RISK OF HIS LIFE, WITH SKILL AND DETERMINATION, COURAGE AND
           VISION OVER A LONG, LIFETIME, IS WORTHY TO BE CALLED GREAT.
           JUDGE FRANK M. JOHNSON, JR WAS WORTHY. MR. PRESIDENT, I THANK
           THE CHAIR FOR THE TIME THAT'S BEEN GIVEN TO MEN. I NOTE THERE
           WILL BE A RESOLUTION THAT'S BEEN INTRODUCED IN THE SENATE
           HONORING JUDGE JOHNSON WHICH I AM PROUD TO COSPONSOR. I THANK

           THE CHAIR AND WOULD YIELD THE FLOOR.
           

           MR. SESSIONS: MR. PRESIDENT?
           
           

           THE PRESIDING OFFICER: THE SENATOR FROM ALABAMA.
           

           MR. SESSIONS: ON BEHALF OF THE MAJORITY LEADER, I WOULD LIKE TO
           MAKE A FEW ANNOUNCEMENTS. FIRST I WOULD LIKE TO ASK UNANIMOUS
           CONSENT THAT THE SENATE PROCEED TO THE IMMEDIATE CONSIDERATION
           OF CALENDAR NUMBER 166, S. 918.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION. SO ORDERED. THE CLERK
           WILL REPORT.
           

           THE CLERK: CALENDAR NUMBER 166, S. 918, A BILL TO AUTHORIZE THE
           SMALL BUSINESS ADMINISTRATION TO PROVIDE FINANCIAL AND BUSINESS
           DEVELOPMENT ASSISTANCE TO MILITARY RESERVISTS, SMALL BUSINESSES
           AND FOR OTHER PURPOSES. SESSION SINCERE MR. PRESIDENT?
           I ASK UNANIMOUS CONSENT THAT THE COMMITTEE SUBSTITUTE AMENDMENT
           BE AGREED TO, THE
{END: 1999/07/27 TIME: 20-30 , Tue.  106TH SENATE, FIRST SESSION}