[Congressional Record (Bound Edition), Volume 151 (2005), Part 3]
[Senate]
[Pages 3911-3913]
[From the U.S. Government Publishing Office, www.gpo.gov]




   SENATE RESOLUTION 78--RECOGNIZING AND HONORING THE LIFE OF ARTHUR 
                                 MILLER

  Mr. HATCH (for himself and Mr. Kennedy) submitted the following 
resolution; which was referred to the Committee on the Judiciary:

                               S. Res. 78

       Whereas the late Arthur Miller wrote some of the most 
     revered works in the American dramatic canon including All My 
     Sons, After the Fall, The Crucible, The Price, The American 
     Clock, A View from the Bridge, The Ride Down Mt. Morgan, and 
     Death of A Salesman;
       Whereas Arthur Miller received the highest honors for 
     artistic accomplishment and distinguished intellectual 
     achievement in the humanities in this country, the Kennedy 
     Center Honors and the National Endowment for the Humanities' 
     Jefferson Lectureship;
       Whereas Arthur Miller received every major award given to 
     playwrights in the

[[Page 3912]]

     United States, including the Pulitzer Prize, the Tony Award, 
     the Drama Desk, and the Drama Critics Circle;
       Whereas Arthur Miller, through his service to the 
     Dramatists Guild of America, has fought for the freedom of 
     American playwrights to have their works performed as they 
     intended and given all the protection the law can afford 
     them;
       Whereas Arthur Miller, through his service to PEN, the 
     association of Poets, Essayists and Novelists, has fought for 
     the freedom of imprisoned writers all over the world;
       Whereas Arthur Miller's plays are taught in virtually every 
     high school and college in the United States, and his new 
     plays have been produced on Broadway for more than half a 
     century;
       Whereas Arthur Miller wrote about the lives and longings of 
     American working men and women with a power and clarity 
     unparalleled in modern literature;
       Whereas Arthur Miller, in writing about ``little men'' as 
     his heroes were called in the beginning, proved that little 
     men do indeed suffer tragic losses, and that to defend or 
     regain their dignity, they will lay down their lives as nobly 
     as any king ever did;
       Whereas Arthur Miller wrote about our indestructible will 
     to achieve our humanity, about our fear of being torn away 
     from what and who we are in this world, and about our fear of 
     being displaced and forgotten;
       Whereas Arthur Miller has maintained his vision and claimed 
     his victory as the preeminent man of letters in the American 
     theater; and
       Whereas Arthur Miller enjoyed a long and luminous career 
     before he died at the age of 89 on February 10, 2005, Now, 
     therefore, be it:
       Resolved, That the Senate--
       (1) recognizes the extraordinary contributions of the late 
     Arthur Miller for his service to the Nation in the theater, 
     in literature, and in his advocacy of the freedom to speak 
     and write with conviction and courage;
       (2) honors him as a great American literary pioneer; and
       (3) expresses its deepest condolences upon his death to his 
     family members and his friends.

  Mr. HATCH. Mr. President, I rise today to pay tribute to the 
legendary playwright Arthur Miller, who passed away on February 10, 
2005 at the age of 89.
  Anyone who has experienced ``Death of a Salesman,'' ``A View from the 
Bridge,'' ``The Crucible,'' or any of his innumerable masterpieces 
would certainly agree that Arthur Miller established himself as one of 
the preeminent American playwrights of our time. A literary genius may 
have left us, but his work will live forever, from Broadway to the 
local high school or college theater.
  Today my colleague from Massachusetts and I submit a resolution 
recognizing the genius of this literary giant, a man who not only 
captivated our souls with his art but also motivated us to protect the 
freedom to speak and write with conviction and courage.
  I do not want to take up the Senate's time with a long biographical 
or literary commentary on the life and works of Arthur Miller because I 
know I would inevitably fail to do justice to him. Instead, I would 
like to share a personal experience that demonstrated the amazing and 
unique qualities of this wonderful man.
  As some in the Senate will remember, one of Arthur Miller's last 
public speaking appearances was at a hearing before the Judiciary 
Committee last year, at which he advocated passage of the Hatch-Kennedy 
Playwrights Licensing Antitrust Initiative Act.
  The day of the hearing, I had the opportunity to meet privately with 
Mr. Miller in my Senate office. Though well into his eighties, he spoke 
with passion and eloquence about the critical importance of live 
theater and writers to social, intellectual, and political discourse in 
our country. He also demonstrated his delightful--and occasionally 
devilish--wit and prodigious intelligence, both of which he had 
retained in extraordinary abundance.
  Although we came from very different backgrounds, and radically 
different political perspectives, it was an honor and a sincere 
pleasure to come to know--however briefly--a man of his stature, 
accomplishments, and surpassing intellect.
  Our lives were enriched by Arthur Miller, and we--as individuals, as 
a people, and as a Nation--are diminished by the passing of so 
magnificent an American talent. He will be sorely missed, and will be 
remembered with reverence and affection by those--like me--whose lives 
he touched.
  I hope that my colleagues will join me and Senator Kennedy--who is 
the leading cosponsor of this resolution--in recognizing and honoring 
the life and accomplishments of Arthur Miller by supporting swift 
passage of this resolution.
  I ask unanimous consent that the remarks of Arthur Miller before the 
Senate Judiciary Committee on April 28, 2004, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Mr. Chairman. Members of the Committee. It is indeed an 
     honor to appear before you today in support of S. 2349, The 
     Playwrights Licensing Antitrust Initiative Act of 2004.
       In preparing for this testimony today, I am reminded of 
     Muriel Humphrey's admonishment to her husband: ``Hubert, a 
     speech does not need to be eternal to be immortal.'' I will 
     take that advice to heart as I testify today.
       It has been some time since I was last asked to testify 
     before Congress. But, I have to tell you, today I am actually 
     happy to appear on behalf of what I believe is truly an 
     important topic worthy of Congressional debate and action--
     the future of the American theater.
       I have been blessed to be lucky enough to be a successful 
     playwright. Many of my plays, I am proud to say, have won 
     critical acclaim--Death of a Salesman and The Crucible won a 
     Pulitzer and a Tony award respectively.
       I raise these plays, and my success, not to brag, but to 
     emphasize an important point: I and my colleagues before you 
     today are here not for ourselves, but for others. We are 
     speaking on behalf of the up and coming playwrights: The 
     Arthur Millers, the Stephen Sondheims and the Wendy 
     Wassersteins as young playwrights. Indeed, the American 
     theater risks losing the next generation of playwrights to 
     other media and opportunities as the pressures on playwrights 
     increase and their power to protect their economic and 
     artistic interests diminish. The legislation we are 
     advocating isn't for us, it's for them. And it's for the 
     theater-going public.
       The legislation introduced by you, Chairman Hatch and 
     Senator Kennedy, is meant to keep the legacy of aspiring 
     playwrights who write for the theater alive. It will help 
     ensure that American playwrights, through the theater, can 
     speak to the hearts and minds of the audience. That we can 
     challenge social morays, ideology, beliefs, or simply 
     entertain. Drama is one of civilization's greatest art forms 
     and we must do all that we can to promote its vitality.
       The American theater has undergone enormous changes over 
     the years. From its entrepreneurial start it has become 
     increasingly dominated by corporate interests. Sure, business 
     is changing in virtually every sector of our economy and 
     there is no reason that the theater should be immune from 
     business pressures.
       But, unfortunately, in the midst of these increasing 
     pressures, only one entity does not have a seat at the 
     bargaining table: the playwrights. The status of the 
     playwright is difficult to discern as it has fallen under the 
     long shadow of questionable and conflicting legal opinions. 
     The result is that all other entities have the collective 
     power and ability to fight for their rights. As a result, it 
     is the playwright who gets squeezed.
       The Playwrights Licensing Antitrust Initiative Act of 2004 
     would provide a very limited legislative fix that would allow 
     for the standard form contract that was last negotiated in 
     1982 to be updated to take account of today's market 
     realities and intellectual property protection climate. It 
     does not force producers to hire any playwrights, but it does 
     allow playwrights with a willing producer to protect their 
     economic and artistic interests.
       Today many new playwrights are presented with take-it-or-
     leave-it contracts. In their hunger to get their plays 
     produced, many have no choice. Others, facing the economic 
     pressures that face all-too-many people in today's economy, 
     are abandoning their dreams of writing for the theater as 
     they go to Hollywood or write for other media.
       Some may say that this is just basic economics. But, the 
     legislation the Chairman and Senator Kennedy have introduced 
     is not intended to change the laws of economics. It simply 
     says that playwrights should have a seat at the table. 
     Failure to pass the legislation will continue the unfair 
     bargaining situation that the playwrights find themselves in 
     and not only will the playwright and the theater suffer, but 
     society as a whole.
       It was Senator Kennedy's brother, President Kennedy, who 
     once said: ``I look forward to an America which will reward 
     achievement in the arts as we reward achievement in business 
     or statecraft. ``
       Unfortunately, under today's legal shadows, the up and 
     coming playwrights must offer their wares at a discount.
       I understand that antitrust exemptions are not easy to come 
     by. And I believe that amending our laws should not be done 
     at the drop of a hat.
       But, where there the national interest demands that change 
     occur, I believe it is appropriate.

[[Page 3913]]

       Mr. Chairman. Members of the Committee. I urge your prompt 
     approval of this legislation.

  Mr. KENNEDY. Mr. President, it is my privilege to join my colleague 
from Utah in sponsoring this resolution to honor one of America's 
foremost playwrights. Arthur Miller spoke to all of us about the quiet 
struggles in each life and the dignity in those struggles.
  Arthur Miller was a soft-spoken man whose voice was heard around the 
world. It was a voice of courage, insight, candor, and integrity, and 
the quality of the arts in America was greatly enriched by his 
extraordinary plays, as anyone who has had the opportunity to attend a 
performance of Death of a Salesman well knows. The hero of that play, 
Willy Loman, became an American icon--the struggling family man in 
lifelong pursuit of the American dream.
  At one point in the first act of the play, a character says of Willy 
Loman,

       I don't say he's a great man. Willy Loman never made a lot 
     of money. His name was never in the paper. He's not the 
     finest character that ever lived. But he's a human being, and 
     a terrible thing is happening to him. So attention must be 
     paid. He's not to be allowed to fall into his grave like an 
     old dog. Attention, attention must be finally paid to such a 
     person.

  That sums up much of what we do in public life. We try to help those 
who need our help the most. We insist that attention must be finally 
paid to such persons in our society, and we try to make it happen, and 
Arthur Miller helps us to understand why.
  In his long and brilliant career, he earned wide public and critical 
acclaim for his work. He was honored with the Pulitzer Prize, the Drama 
Critics' Circle Award, and the Tony Award. He also received the Kennedy 
Center Honors Award for lifetime achievement as a playwright. The 
National Endowment for the Humanities selected him to present the 
prestigious Jefferson Lecture, an honor given to writers and historians 
of extraordinary achievement.
  Arthur Miller was a gifted writer, and he was also a passionate 
advocate of providing greater encouragement for emerging writers in our 
society. Last year, he testified before the Judiciary Committee in 
support of the Playwright Licensing Antitrust Initiative, which would 
provide important new protections for the artists who actually create 
the plays and musicals that are such an extraordinary part of the 
nation's modem life.
  It was the third time that Arthur Miller had testified before 
Congress. He had previously appeared before the infamous House 
Unamerican Activities Committee, and before the Senate on behalf of 
literary and journalistic freedoms around the world.
  Senator Hatch and I were both impressed by the articulate passion of 
this unique American artist. I look forward to working with Senator 
Hatch and many other colleagues in Congress to realize the goals that 
Arthur Miller so eloquently described in his testimony, and encourage 
more creative artists in our country to write their stories and have 
them presented on the stages of America.
  American theater is admired and respected throughout the world and we 
should honor those whose genius and hard work have contributed to that 
success.
  This resolution honoring the life of Arthur Miller is an opportunity 
for all of us to express our appreciation for the extraordinary and 
eloquent gift he brought the Nation. His great works have enriched the 
lives of all Americans, and of theater-lovers around the world. I urge 
my colleagues to support this resolution.

                          ____________________