[Congressional Record Volume 155, Number 42 (Tuesday, March 10, 2009)]
[House]
[Pages H3114-H3115]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   J. HERBERT W. SMALL FEDERAL BUILDING AND UNITED STATES COURTHOUSE

  Ms. EDWARDS of Maryland. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R.813) to designate the Federal building and United 
States courthouse located at 306 East Main Street in Elizabeth City, 
North Carolina, as the ``J. Herbert W. Small Federal Building and 
United States Courthouse''.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 813

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. DESIGNATION.

       The Federal building and United States courthouse located 
     at 306 East Main Street in Elizabeth City, North Carolina, 
     shall be known and designated as the ``J. Herbert W. Small 
     Federal Building and United States Courthouse''.

     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     and United States courthouse referred to in section 1 shall 
     be deemed to be a reference to the ``J. Herbert W. Small 
     Federal Building and United States Courthouse''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Maryland (Ms. Edwards) and the gentleman from Florida (Mr. Mario Diaz-
Balart) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Maryland.


                             General Leave

  Ms. EDWARDS of Maryland. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days within which to revise and 
extend their remarks and to include extraneous material on H.R. 813.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Maryland?
  There was no objection.
  Ms. EDWARDS of Maryland. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of H.R. 813, a bill to designate the 
Federal building and United States courthouse located at 306 East Main 
Street in Elizabeth City, North Carolina, as the ``J. Herbert W. Small 
Federal Building and United States Courthouse.''
  Judge Small has been a lifelong resident of Elizabeth City, North 
Carolina, and has dedicated 52 years to civil service. He served in the 
United States Navy for 3 years during World War II and, after leaving 
the service, received a law degree from the University of North 
Carolina Law School At Chapel Hill. He began his public career as a 
special counsel to the Congressional Committee on Intergovernmental 
Relations and later served for 8 years as county attorney for 
Pasquotank County. In 1979 he was elected Superior Court judge of the 
First Judicial District of North Carolina and served in that position 
for 17 years.
  Judge Small has been an active volunteer serving on the board of 
directors of the Albemarle Hospital and the American Red Cross. He has 
received numerous awards and honors from the Jaycees, the Boy Scouts, 
Volunteer Firemen, Chamber of Commerce, and the Rotary and Elks clubs.
  In the 110th Congress, the House passed a similar bill, but 
unfortunately the Senate was unable to act on the legislation. I would 
like to thank the gentleman from North Carolina (Mr. Butterfield) for 
reintroducing this bill.
  Judge Small is an outstanding jurist, mentor, and civic leader. I 
urge my colleagues to join me in supporting H.R. 813.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield myself such 
time as I may consume.
  As you have just heard, this bill names a United States courthouse 
located in Elizabeth City, North Carolina, the ``J. Herbert W. Small 
Federal Building and United States Courthouse.'' I too support this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. EDWARDS of Maryland. Mr. Speaker, I yield 4 minutes to the 
gentleman from North Carolina (Mr. Butterfield).
  Mr. BUTTERFIELD. Let me start by thanking the gentlewoman for 
yielding 4 minutes to me to speak on a very important issue in my 
congressional district, and that is the naming of this Federal 
courthouse in Elizabeth City, North Carolina. I also want to thank the 
gentleman from Florida for his kind remarks about my good friend Judge 
Small.
  Mr. Speaker, I rise today to pay honor to a constituent, a friend, 
and a community leader by naming the Federal building in Elizabeth 
City, North Carolina, as the ``J. Herbert W. Small Federal Building.'' 
I would also like to thank the chairman of the full committee, Mr. 
Oberstar, and the ranking member, Mr. Mica, for their leadership in 
ushering this bill through the committee process. I would also like to 
thank each member of the North Carolina delegation, both Democrat and 
Republican, for their support of this legislation.
  Almost 2 years ago, Mr. Speaker, this identical bill passed the House 
with unanimous support, but, regrettably, it was not taken up in the 
other body. I am confident that the Senate will see the bill through 
the process this session so we can now bestow this great honor upon 
Judge Small.
  Mr. Speaker, Judge Small is a lifelong resident of Elizabeth City, 
North Carolina. He has dedicated 52 years of his professional life to 
improving the lives of the residents of Eastern North Carolina and in 
particular the Albemarle region. He began to practice law in Elizabeth 
City 2 years after I was born, 1949, after graduating from the 
University of North Carolina Law School at Chapel Hill. So the UNC fans 
have two reasons to celebrate today: the naming of this Federal 
building as well as the great victory that we saw this weekend.
  Judge Small served as special counsel to the Congressional Committee 
on Intergovernmental Relations and later served 8 years as county 
attorney for Pasquotank County. He was elected district attorney for 
the First Judicial District of North Carolina for three consecutive 
terms.
  As a young lawyer, I opposed Herb Small in the courtroom on several 
occasions. I was a defense lawyer; he was the prosecutor. He was a 
strong and effective district attorney. During his tenure, he served as 
chairman of the District Attorneys Advisory Committee, was president of 
the District Attorneys Association, and was appointed by the Governor 
to the State ``Jail Study'' Commission.
  In 1979 Herb Small was elected Superior Court judge for the First 
Judicial

[[Page H3115]]

District. In the early years of his judgeship, I again had the 
opportunity to argue cases before his court. He was a firm but fair 
judge, always treated everyone who came before him with great respect. 
Herb Small served as resident Superior Court judge for 17 long years 
and was elected president of the North Carolina Conference of Superior 
Court Judges and represented the Conference on the North Carolina 
Policy and Sentencing Commission. I am proud to have been able to call 
Judge Small my judicial colleague when I became a judge after I was 
elected as a resident Superior Court judge in 1988. While Judge Small 
preceded me on the bench by almost a decade, he welcomed me among the 
ranks and always offered guidance and insight.
  Judge Small served as chairman of the Albemarle Hospital board of 
directors and as chairman of the American Red Cross Chapter. He has 
been actively engaged in other civic, charitable, and service 
organizations, including Jaycees, Boy Scouts, Volunteer Firemen, 
Chamber of Commerce, Rotary Club, Elks Club, and Red Men. He was given 
the Distinguished Service Award by the Jaycees, the Volunteer of the 
Year Award by the Chamber of Commerce, and the Order of Long Leaf Pine 
by our great State of North Carolina for outstanding community 
involvement. During World War II, Judge Small served 3 years in the 
United States Navy.
  Judge Small has been married for 57 years to Mrs. Annette Ward Small, 
a very delightful lady. They have four children, Elizabeth, John, Fran, 
and Carol; and they have nine grandchildren.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. EDWARDS of Maryland. I yield an additional 1 minute to the 
gentleman.
  Mr. BUTTERFIELD. I thank the gentlewoman for the additional minute. 
When I get talking about Judge Small, I get carried away, Mr. Speaker. 
He's such a dear friend.
  Judge Small has been married for 57 years to Mrs. Annette Ward Small. 
They have four children, and I mentioned their names. They have nine 
grandchildren, Rachel, Matthew, John, Mary, Margaret, Ruth, Allison, 
Katie, and Chris.
  I can think of no finer individual, no person who's more deserving of 
this honor than Judge J. Herbert Small. The people of Elizabeth City 
and the First Congressional District of North Carolina are grateful for 
his commitment to community and his great and extraordinary leadership.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield myself 15 
seconds.
  I would be remiss without thanking the gentleman from North Carolina 
for his persistence, for his leadership, for fighting for this. And as 
you have heard today he does so with great passion for someone who he 
admired greatly.
  Mr. Speaker, I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 813, a 
bill to designate the Federal building and United States courthouse 
located at 306 East Main Street, in Elizabeth City, North Carolina, as 
the ``J. Herbert W. Small Federal Building and United States 
Courthouse''.
  Judge Small has been a life-long resident of Elizabeth City, North 
Carolina, and has dedicated 52 years to civil service.
  He served in the United States Navy for three years during World War 
II and, after leaving the service, received a law degree from the 
University of North Carolina Law School at Chapel Hill.
  In 1949, he began his legal career as a Special Counsel to the 
Congressional Committee on Intergovernmental Relations and later served 
for eight years as a county attorney for Pasquotank County.
  In 1979, he was elected Superior Court Judge of the First Judicial 
District of North Carolina, and served in that position for 17 years.
  Throughout his life, Judge Small has been an active volunteer, 
serving on the Board of Directors of the Albemarle Hospital, and the 
American Red Cross. He has received numerous awards and honors from the 
Jaycees, the Boy Scouts, Volunteer Fireman, Chamber of Commerce, and 
the Rotary and Elks clubs.
  In the 110th Congress, the House passed a similar bill but, 
unfortunately, the Senate was unable act on the legislation. I would 
like to thank the gentleman from North Carolina, Mr. Butterfield, for 
reintroducing this bill.
  Judge Small is an outstanding mentor and volunteer. For over five 
decades, he has been an exceptional jurist and civic leader. It is 
fitting and proper to honor his outstanding contributions with this 
designation.
  I urge my colleagues to join me in supporting H.R. 813.

                              {time}  1245

  Ms. EDWARDS of Maryland. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Maryland (Ms. Edwards) that the House suspend the 
rules and pass the bill, H.R. 813.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. EDWARDS of Maryland. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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