1935 CONGRESSIONAL RECORD-SENATE 2605

SENATE TUESDAY, F'EBRUARY 26, 1935

The Chaplain, Rev. Z~Barney T. Phillips, D. D., offered the f pllowing prayer:

Spirit of God. whose breath is our life, who lightest our lamp and feed.est the fiame thereof, that we may look upon ourselves and on our world as the effluence and expression of Thy gentle might: attune our ears, that in the march of things we may hear the sound of Thy going, that in the mystery of things we may hear the moving of Thy purpose; and with Thy fresh coming do Thou scatter each bewilder­ing thought, even as darkness melts away at touch of dawn.

Help us to look beyond this vale of time and sense "til we shall recognize the evils that beset us as hidings of Thy love, which, yielding to our valiant effort. shall one day stand revealed, blight as the clear morning, wonderful as cloudless noon. We ask it in the name of Jesus Christ our Savior. Amen.

THE JOURNAL

On request of Mr. ROBINSON, and by unanimous consent, the reading of the Journal of the proceedings of Monday, February 25, 1935, was dispensed with, and the Journal was approved.

MESSAGE FROM ~E HOUSE A message from the House of Representatives, by Mr.

Chaffee, one of its reading clerks, announced that the House had passed without amendment the bill <S. 31) to provide for the issuance of a license to practice the healing art in the District of Columbia to Dr. Chester C. Groff.

The message also announced that the House had passed the bill (S. 402) to amend section 824 of the Code of Laws for the District of Columbia, with amendments, in which it requested the concurrence of the Senate.

The message further announced that the House had passed the following bills, in which it requested the concur-rence of the Senate~ ·

H. R. 83. An act to provide for the conservation and set­tlement of estates of absentees and absconders in the District of Columbia. and for other purposes;

H. R. 3464. An act to amend certain sections of the Code of Law for the District of Columbia, approved March 3, 1901, as amended, relating to descent and distribution;

H. R. 3477. An act relating to the incorporation of Trinity College of Washington, D. c .. organized under and by virtue of a certificate of incorporation pursuant to the incorpora­tion laws of the District of Columbia, as provided in sub­chapter 1 of chapter 18 of the Code of Laws of the District of Columbia;

H. R. 4538. An act to change the . designation of Lefler Place to Second Place; and

H. R. 571L An act to provide pensions for needy blind persons of the District of Columbia and authorizing appro­priations therefor.

CALL OJ' THE ROLL

Mr. ROBINSON. I suggest the absence of a quorum. The VICE PRESIDENT. The clerk will call the roll. The legislative clerk called the roll, and the following

Senators answered to their names: Adams Clark Hale Minton Ashurst Connally Harrison Murphy Austin Coolidge Hastings Murray Bachman Copeland Hatch Neely Bankhead Costigan Hayden Norbeck Barkley Couzens Johnson Nor.ris Bilbo Cutting Keyes Nye Black Davis King O'Mahoney Bone Dickinson La. Follette Pittman Borah Donahey Lewis Pope Brown Duffy Logan Radcliffe Bulkley Fletcher Lonergan Reynolds Bulow Frazier McAdoo Robinson Burke George McCarran Russell Byrd Gerry McGill Schall Byrnes Gibson .McKellar Schwellenbach Capper Glass McNary Sheppard Caraway Gore Maloney Shipstead Carey Gu11ey Metcalf Smith

stetwer Trammell Thomas, Okla. Truman Thomas. Utah Tydings Townsend

Vandenberg VanNuys Wagner

Walsh Wheeler White

Mr. LEWIS. I ~nnounce the absence of the junior Sena­tor from Louisiana [Mr. OVERTON] occasioned by illness, and the absence of the junior Senator from Illinois [Mr. DIETERICH], the junior Senator from New Jersey [Mr. Moon], the .senior Senator from Louisiana [Mr. LONG], and the senior Senator from North Carolina [Mr. BAILEY], who are necessarily detained from the Senate.

Mr. AUSTIN. I wish to announce that the Senator from New Jersey £Mr. BARBOUR] is necessarily absent.

The VICE PRESIDENT. Eighty-nine Senators have an­swered to their names. A quorum is present.

ORDER FOR CONSIDER.Al'ION OF CALENDAR UNDER RULE vm Mr. ROBINSON. Mr. President, I ask unanimous consent

that, at the conclusion of the morning business, the Senate proceed to the consideration of bills on the calendar under rule VIII.

Mr. McNARY. Mr. President, that will permit the calling up of any order of business on the calendar and making a motion to consider it?

Mr. ROBINSON. Yes. The VICE PRESIDENT. Is there objection to the request

of the Senator from Arkansas? The Chair hears none, and it is so ordered.

POST-OFFICE BUILDING AT JONESBORO, ARK.

The VICE PRESIDENT laid before the Senate a letter from the Acting Secretary of the Treasury, transmitting a draft of proposed legislation to authorize the acquisition of land to provide appropriate means of access to the post­office building at Jonesboro, Ark., which, with the accom­!JRD.ying papers, was ref erred to the Committee on Public Buildings and Grounds.

PETITIONS AND MEMORIALS

The VICE PRESIDENT laid before the Senate a joint memorial of the Legislature of the State of Colorado, favor­ing the prompt enactment of legislation to enable the Home Owners' Loan Corporation to carry on its work until the next regular session of Congress, which was referred to the Committee on Banking and Currency.

(See joint memorial printed in full when presented by Mr. COSTIGAN on yesterday, p. 2515, CONGRESSIONAL RECORD.) ~ VICE PRESIDENT also laid before the Senate the f al­

lowing concurrent resolution of the Legislature of the State of Arizona, which was ref erred to the Committee on Appro­priations:

Senate Concurrent Memorial 4 Praying that part o! the appl'opria.tion of U,800,000,000 requested

by the President for public-works improvement be set aside exclusively for highway purposes

To the Honorable Representatives of the State of Arizona and the Co1U}f'e88 of the United Stam: Your memoria1ist, the Legislature ot the state o! Arizona, re­

spectfully represents: Whereas the President in his wisdom has seen fit to request the

Congress of the United States to forthwith make available $4,800,­ooo,ooo for the relief of the unemployed through public-works improvements; and

Whereas the expenditure of a part of such sum for the construc­tion and maintenance of highways wlll result directly 1n the relief of the unemployed and at the same time add to the capital wealth of this country; and

Whereas the United States Bureau of Public Roads and the highway departments of the several States are adequately equipped and experienced. to conveniently and economically expend or super­vise the expenditure of any available moneys for highway con .. struction and improvement purposes;

Wherefore your memorialist prays: That the representatives of this State in the Congress of the

Unlted States use their best efforts to secure the President and the Congress to set aside a definite portion of such sum of •4.800,-000,000 for expenditure under like terms and conditions as set up 1n sections 204 and 205 of the National Industrial Recovery Act o! 1933. and amendments thereto, for highway construction and im­provement purposes.

And your memorialist will ever pray. Adopted by the house February 18, 1935. Adopted by the senate February 13, 1935.

2606 CONGRESSIONAL RECORD-SENATE FE.BRUARY 26 The VICE PRESIDENT also laid before the Senate the fol­

lowing joint memorial of the Legislature of the State of Ore­gon, which was ref erred to the Committee on Agriculture and Forestry:

Senate Joint Memorial 8 To the Honorable Senate and House of Representatit1e1 of the United

States of America in Congress assembled: Your memorialists, the Thirty-eighth Legislative Assembly of

the State of Oregon in regular session assembled, respectfully re­quest and petition as follows:

Whereas the United States Government has appropriated various sums of money for the voluntary eradication of Bang's disease among cattle, and such funds so appropriated will either be con­sumed or cease to be available after December 31, 1935: ·and

Whereas such program has been of great benefit-to the <\a.try and beef cattle industry of this State, and it is to the best ·interests of the public and said industry that additional funds be made avail­able for 1 year after December 31, 1935, for the purpose of continu­ing such eradication program: Therefore be it

Resolved by the Senate of the State of Oregon (the holu~ of rep­resentatives jointly concurring therein), That your memoriallsts, the Thirty-eighth Legislative Assembly of the State of Oregon, do hereby respectfully request and petition that the Congress of the United States make an additional appropriation for the eradtcation of Bang's disease among cattle in tJie United States.

The VICE PRESIDENT also laid before the Senate the following concurrent resolution of the Legislature of the State of Minnesota, which was referred to the Committee on Agriculture and Forestry: A concurrent resolution memorializing the President of the United

States and the Congress of the United States that it is the sense of the members of the Minnesota Legislature that the Government of the United States should perform its solemn promise and duty and place American agriculture on the basis of equality with other industries by providing an adequate sys­tem of credit, and that adequate legislation to that end should be adopted at the earliest possible date Whereas the farmers throughout the entire United States have

. lost and are losing their lands and chattels through inability to refinance loans on their property because of high interest rates and low prices of agricultural commodities; and

Whereas agriculture ts the basic industry of this country, and there can. be no sound business prosperity unless the business of agriculture is placed on a sound basis and on an equal basis with other industries; and

Whereas a bill has been introduced in the Senate of the United States known as the "farmers' farm-relief act", commonly called the " Frazier bill "; and

A bill to liquidate and refinance agricultural indebtedness, and to encourage and promote agriculture, commerce, and industry by establishing an efficient credit system, through which the unjust and unequal burdens placed upon agriculture during the period of price fixing and defiation may be lightened by providing for the liquidation and refinancing of farm mortgages and farm in­debtedness at a reduced'. rate of interest through the Federal farm-loan system, the Federal Reserve Banking System, and the Postal Savings Depository System, and creating a board of agri­culture to supervise the same; and

Whereas this bill is a. sound economic measure, designed to remedy the inequalities under which agriculture is now laboring: Now, therefore, be it

Resolved by the House of Representatives of the State of Min­nesota (the senate concurring), That the Congress of the United States be, and it is hereby, urgently petitioned to enact the said bill into law, and that the President of the United States be urged to approve said measure after its passage; be it further

Resolved, That the Minnesota. Members of the United States Senate and the Representatives in Congress from the State of Min­nesota be, and they are hereby, petitioned and most earnestly urged to use their best efforts to bring about a speedy enactment of said legislation; be it further

Resolved, That a duly authenticated copy of this resolution be presented to the President of the United States, to the presiding officers of the Senate and of the House of Representatives of the Congress of the United States, and to each of the Senators and Representatives from the st'ate of Minnesota in the Congress of the United States.

The VICE PRESIDENT also laid before the Senate the following concurrent resolution of the~ Legislature of the State of Minnesota, which was referred to the Comniittee on Interstate Commerce: ' A concurrent resolution memorializing the Congress of the United

States to eliminate the long-and-short-haul clause from the fourth section of the Interstate Commerce Act, or to modify the same so that railroads may be permitted to establish rates which will enable Middle West industries to meet the competition of eastern manufacturers transporting their goods through the Panama Canal · Whereas the long-and-short-haul clause of the fourth section

of the Interstate Commerce Act prohibits railroads from making

a lesser charge for a longer than for a shorter distance over the same line in the same direction unless authorized to do so by the Interstate Commerce Commission; and

Whereas the higher rail rates from Minnesota and other States in the Middle West to the Pacific coast than water rates from the Atlantic seaboard to the Pacific coast through the Panama Canal has resulted in Middle West manufacturers' losing an or a substantial part of their markets on the Pacific coast to the advantage of their competitors located in the East; and

Whereas the-elli:nination of the long-and-short-haul clause from the fourth section of the Interstate Commerce Act would allow the railroads to establish reduced rates from the Middle West to the Pacific coast to meet this water competition without depress­ing below a reasonable level their rail rates to points inland from the Pacific coast where such water competition does not exist; and

Whereas such a readjustment of rail rates will enable Middle West manufacturers to regain a substantial part of their Pacific coast business, wlll result in increased employment in Middle West industries, will give added employment to labor in transporting such added rail traffic to the Pacific coast, and will enable the railroads to earn some additional net revenue to the advantage of farmers and residents generally of the Middle West and West who must employ the railroads to transport their products to market and furnish them with long-haul transportation; and

Whereas· reduced rail rates from the Middle West to the Pacific coast will not result in eliminating eastern manufacturers from the Pacific coast . markets or the boat lines from carrying traffic through the canal, but will simply afford Middle West manufac­turers an opportunity to compete with eastern manufacturers for a fair share of the Pacific coast business on a properly related basis of freight rates; and ·

Whereas the Middle West contributed by taxes to the construe-. tion of the Panama Canal and contributes to its maintenance and support and should be permitted to have a basis qf rail rates which will prevent the Panama Canal from working an unjust discrimination against Middle West industries and employment: Now, therefore, be it

Resolved by the house of representatives (the senate concur­ring), That Congress be memorialized to eliminate the Iong-and­short-haul clause from the fourth section of the Interstate Com­merce Act, or to modify the same so as to effectively permit rail­roads to establish rates to the Pacific coast from the Middle West which will enable Middle West industries to meet the competi­tion of eastern manufacturers using water transportation through the Panama Canal; be it further

Resolved, That copies of t,hls resolution be sent to both houses of the Legislatures of North and South Dakota, Iowa, Wisconsin, and Illinois, to the Vice President of the United States, the Speaker of the National, House of Representatives, the Senators and Congressmen from the State of Minnesota.

The VICE PRESIDENT also laid before the Senate the following joint resolution of the Legislature of the State of Tennessee, which was referred to the Committee on Finance:

House Joint Resolution 15

Memorial asking Congress to pass laws that will pay the soldiers' bonus, etc. .

Whereas, due to the long-continued depression, thousands of American veterans of the World War are unemployed and with­out the means of adequate support and are unable to provide the necessities and comforts of life for themselves and their fam­ilies through no fault of their own; and

Whereas it is the policy of the national administration, in its recovery program, to bring about a. distribution .of public funds and accomplish wide-spread reemployment; and

Whereas the payment of the remainder of the amount due on the veterans' adjusted-compensation certificates held by veterans of the World War will result in a distribution of money to every community in the United States, which money will find its way into every channel of trade through the purchase of necessities and comforts of life, the payments of debts, the building and repair­ing of homes, the rehabilitation of small business enterprises, and through many other needed expendittires; and

Whereas the American Legion and Veterans of Foreign Wars have in their respective national conventions overwhelmingly ap­proved the immediate cash payment of said certificates; and

Whereas such certificates constitute a just obligation of the Government to the veterans of the World War: Now, therefore, be it

Resolved by the House of Representatives of the State of Ten­nessee (the senate concurring), That the Congress of the United States immediately pass such legislation as is necessary for the immediate payment of the balance due on such adjusted-com­pensation certificates with the remittance of interest and other charges against the principal sum of such certificates; and be it further

Resolved, That the secretary of state of the State of Tennessee be directed to transmit a copy of this me:morial to the President of the United States, the Vice President of the United States, and to the Speaker of the House of Representatives, the Honorable JoE BYRNS, and also that a. copy of the same be forwarded to

1935 CONGRESSIONAL RECORD-SENATE -2607 Senators N. L. BACHMAN and K. D. McKELLAR, and' to each of .. the nine Members of the United States House of Representatives from the State of Tennessee. - · ·

Adopted February 20, 1935. w ALTER M. HA YNES,

Speaker of the House of .Representatives. W. P. Moss,

Speaker of the Senate. Approved February 21, 1935.

HILL McALisTER, Governor.

The VICE PRESIDENT also laid before the Senate the following concurrent resolution of the Legislature of the State of North Dakota, which was referred .to the Committee on the Judiciary: ·

House Concurrent Resolution A--e . ¥emorializing Congress to e~ct the necessary legislation to insure

selection of unbiased Feder.al jurors Be it resolved by .the House of Representatives of the State of

North Dakota (the senate concurring): . Whereas there has been a great deal of criticism of the manner

of selecting jurors for service in the Federal district courts in th~ State of North Dakota; and

Whereas the present plan of selecting jurors in Feder!J,l district courts gives to the clerk of the United States · district court and the jury commissioner entirely too much opportunity to select jurors personally agreeable to them: Therefore be it

Resolved, That we urge upon the Congress of the United States the enactment of the necessary legislation which shall remedy such condition, and which shall provide an impartial, unbiased, and uncontrolled method for selecting Federal jurors; be it further

Resolved, That we recommend for the consideration of Congress . the present law with reference to the selection of jurors in the

district courts in the State of North Dakota. . WILLIAM M. CROCKETT,

Speaker of the House. WALTER S. MARTIN,

Chief Clerk of the House. A. S. MARSHALL,

President pro tempore of the Senate. F.EMANUELL, -

Secretary of the Senate. Dated February 20, 1935. ·

The VICE PRESIDENT also laid before the Senate the following resplution of the House of Representatives of the ·state of Nebraska, which was referred to the Committee on Public Lands and Surveys: , Resolution memorializing the Congress of the United States to

establish a national park to be known as the " Lewis and Clark National Park" in Burt, Thurston, and Dakota Counties, Nebr. Whereas Lewis and Clark made a trip of exploration across the

continent in 1803 and opened Up a previously unknown terri­tory; and

Whereas it is fitting and proper that Lewis and Clark should be honored by a perpetual commemoration; and

Whereas there is approximately 75,000 acres along the Missouri River in eastern Burt, Thurston, and Dakota Counties which con­tains many historical points of interest with respect to the Lewis and Clark expedition: and

Whereas such land is especially adapted for a game refuge and migratory bird sanctuary: Now •. therefore, be it

Resolved by the House of Representatives of the State of Ne­braska in fiftieth session assembled, 1. That this house respect­fully petitions and memorializes the Congress of the United States to establish a national park to be known as "Lewis and Clark National Park" along the Missouri River in Nebraska at historic points touched by Lewis and Clark in 1803 while making their trip across the continent.

2. That the chief clerk of this house is hereby -Ordered and di­rected to forthwith forward a copy of this resolution, properly authenticated and suitably engrossed, to the President of the United States, to the Vice President of the United States, to the Speaker of the House of Representatives, and to United States . Senators representing the State of Nebraska, and to Congressmen in the House of Representatives of the United ·states representing the State of Nebraska, to take such steps as may be necessary to provide for the establishment of a national park in Nebraska to be known as the " .Lewis and Clark Nati-0nal Park."

The VICE PRESIDENT also laid before the Senate a tele­gram from Josephine Tumulty, Jersey City, N. J., stating "Uphold- the President; defeat McC.arran amendment", which was referred to the Committee on Appropriations.

He also laid before the Senate a resolution adopted by the Crawford County (Iowa) Farm Bureau, favoring the mak­ing of an appropriation of $60,000,000 for seed loans to farmers, which was referred to the Committee on Appro­priations.

He also laid before the Senate a resolution adopted by the board of supervisors of the county of Alameda, Calif., fa-

voring the enactment of legislation to remove all unwar­ranted taxes and obstacles in connection with the distribu­tion of wine, which was ref erred to the Committee on Finance.

He also laid before the Senate a resolution adopted by the Council of the City of San Diego, Calif., favoring the prompt enactment of legislation establishing a national old­age pension system, which was referred to the Committee on Finance.

He also laid before the Senate a telegram in the nature of a memorial from Magnus Lundberg, New York City, N. Y., remonstrating against the enactment of legislation inimical to the interest of investors in the securities of public-utility corporations, which was referred to the Com­mittee on Interstate Comm_erce.

He _also laid before the Senate resolutions adopted by the Alfred Go-oding Guild, Young People's Religious Union of the South Church <Unitarian), of Portsmouth, N. H., fa­_voring the enactment _o~ the so-called "Costigan-Wagner antilynching bill '\ ·which were referred to the Committee on the Judiciary.

He also laid before the Senate i:esolutions adopted by the board of" representatives of the city of Tampa, Fla.; the board of commissiOners of Salt Lake City, Utah; the com­mon councils of the cities of Stamford, Conn.; Quincy and Springfield, Ill.; Dearborn, Mich.; Clarksdale, Miss.; Okmul­gee, Okla.; and Poughkeepsie, N. Y.; the city councils of Worcester, Mass.; and St. Petersburg, Fla.; and Groups Nos. 2200, 1812, and 2313, of Chicago, Ill.; Group No. 1745, of Royalton, Ill.; Group No. 2752, of Bradley, Ohio.; Group No. 2765, of Schenectady, N. Y.; Group No. 334, of Detroit, Mich.; and Gr-0up No. 2597, of Groveton, Pa., all of the Polish National Alliance of the United States of North America, favoring the enactment of pending legislation proclaiming October 11 of each year as General Pulaski's Memorial Day, which were ref erred to the Committee on the Judiciary.

Mr. VANDENBERG presented. a petition of sunch"y citi­zens of Tuscola County, Mich., praying for the prompt ·passage of the so-called "Frazier-Lemke farm refinancing bill", which was referred to the Committee on Agriculture and Forestry.

Mr. MALONEY presented resolutions adopted by Group No. 356, of Meriden; Group No. 315, of Bridgeport; Group No. 2158, of Fairfield, and Group No. 2291, of Rockville, all of the Polish National Alliance of the United States of North America, in the State of Connecticut, favoring the enactment of pending legislation proclaiming October 11 of each year as General Pulaski's Memorial Day, which were referred to the Committee on the Judiciary.

Mr. CAPPER presented a resolution adopted by Wichita Division No. 198, Order of Benefit Association of Railway Employees, Wichita, Kans., favoring the enactment of legis­lation to modify section 4_ of the Interstate Commerce Act so as to permit railroads to compete with unregulated forms of transportation, which was referred to the Committee -0n Interstate Commerce.

ANTIL YNCHING LEGISLATION

Mr. CAPPER. Mr. President, I also present a petition from John Hill and other citizens of Lawrence, Kans., urging passage of the Costigan-Wagner antilynching bill, for refer .. ence to the Judiciary Committee.

It is not my intention to detain the Senate, but I do want to place in the RECORD a statement as to my stand in favor of the early passage of this proposed legislation. I have favored this measure for years. Lynchings are a disgrace to our civilization. We know from past experience that local governments have been only measurably successful in coping with this reversion to the barbarism of 20 centuries ago.

The measW'e itself is reasonable and just. It provides that three or more persons acting together and without au­thority of law to kill or injure any persoq in the custody of a peace officer constitute a mob. It declares that a State which fails, neglects, or refuses to give. protection. to any such person against mobs has denied equal protection of its laws. In case a State fails to indict or prosecute for a lynching,

r 2608 . CONGRESSIONAL RECORD-SENATE FEBRUARY. 26 · recourse can be had to the Federal courts where judgnients

against the local governmental unit up to $10,000 may be obtained.

Lynching is more than anarchy; more than a crime against the individual victim. It is moral degradation for those who participate. It is an education in savagery for the younger generation. It is a reversion to barbarism, and has no place in our society. The cumulative effect on the people of the community where lynchings occur is a most serious menace to society itself. I take this occasion to express the hope that the Judiciary ComJD,ittee will submit an early and favorable report on the measure, and that it will be enacted into law at the present session of Congress.

(The petition presented by Mr. CAPPER from John Hill and other citizens of Lawrence, Kans., praying for the passage of the so-called "Costigan-Wagner antilynching bill", was referred to the Committee on the Judiciary.)

REPORTS OF COMMITTEES Mr. WHITE, from the Committee on Claims, to which

we.re referred the following bills, reported them each with an amendment and submitted reports thereon.

S. 1056. A bill authorizing adjustment of the claim of Schutte & Koerting Co. <Rept. No. 220); and

s. 1392. A bill conferring upon the United States District Court for the Northern District of California, southern divi­sion, jurisdiction of the claim of Minnie C. de Back against the Alaska Railroad <Rept. No. 221).

Mr. WHITE also, from the Committee on Claims, to which was referred the bill <S. 713) granting jurisdiction to the Court of Claims to hear the case of David A. Wright, re­ported it without amendment and submitted a report <No. 222) thereon.

Mr. BURKE, from the Committee on Claims, to which were referred the following bills, reported them severally without amendment and submitted reports thereon:

S. 209. A bill for the relief of Carmine Sforza <Rept. No. 223);

S.1037. A bill authorizing adjustment of the claims of Sanford A. McAlister and Eliza L. McAlister <Rept. No. 224); and

S.1038. A bill authorizing adjustment of the claim of Elda Geer <Rept. No. 225).

Mr. VAN NUYS, from the Committee on the Judiciary, to which were referred the following joint resolutions, reported them severally without amendment:

S. J. Res. 21. Joint resolution authorizing the President to proclaim October 11 of each year General Pulaski's Me­morial Day for the observance and commemoration of the death of Brig. Gen. Casimir Pulaski;

s. J. Res. 22. Joint resolution directing the President of the United States of America to proclaim October 11 of each year General Pulaski's Memorial Day for the observance and commemoration· of the death of Brig. Gen. Casimir Pulaski; and

s. J. Res. 32. Joint resolution authorizing the President to proclaim October 11 of each year General Pulaski's Me­morial Day for the observance and commemoration of the death of Brig. Gen. Casimir Pulaski.

Mr. WALSH, from the Committee on Education and Labor, to which were referred the following bills, reported them severally without amendment and submitted reports there.on:

s. 147. A bill to alter the amount apportioned to certain States for public employment offices affiliated with the United States Employment Service <Rept. No. 226);

S. 857. A bill to authorize the Department of Labor to continue to make special statistical studies upon payment of the cost thereof, and for other purposes <Rept. No. 227);

S. 872. A bill for the allowance of certain claims for extra labor above the legal day of eight hours at the several navY yards and shore stations certified by the Court of Claims <Rept. No. 228) ; and

S. 1180. A bill to amend section 4865 of the Revised Stat­utes, as amended <Rept. No. 229).

RESOLUTIONS REPORTED FROM THE COMMITTEE TO AUDIT AND CONTROL THE CONTINGENT EXPENSES OF THE SENATE

Mr. BYRNES. From the Committee to Audit and Control the Contingent· Expenses of the Senate, I report back favor­ably, without amendment, four resolutions and ask unani­mous consent for their immediate consideration.

The VICE PRESIDENT. Without objection, the resolu­tions reported by the Senator from South Carolina will be considered in their order.

HEARINGS BEFORE THE JUDICIARY COMMITTEE The resolution (S. Res. 81) submitted by Mr. AsHURST on

the 15th instant and reported this day by Mr. BYRNES from the Committee to Audit and Control the Contingent Expenses of the Senate was considered by unanimous consent, and agreed to, as follows:

Resolved., That the Committee on the Judiciary, or any subcom­mittee thereof, is authorized, during the Seventy-fourth Congress, to send for persons, books, and papers, to administer oaths, and to employ a stenographer, at a cost not exceeding 25 cents per hundred words, to report such hearings as may be ha.d. on any subject before said committee, the expense thereof to be paid out of the contingent fund of the Senate; and that the committee, or any subcommittee thereof, may sit during any session or recess of the Senate. '

ASSISTANT CLERKS, COMMITTEE ON COMMERCE The resolution <S. Res. 25) submitted by Mr. COPELAND on

January 7, 1935, and reported this day by Mr. BYRNES from the Committee to Audit and Control the Contingent Ex­penses of the Senate was considered by unanimous consent and agreed to, as follows:

Resolved, That the Committee ·on Commerce ls authorized to employ until July 1, 1935, an assistant clerk, to be paid from the contingent fund of the Senate at the rate of $2,000 per annum.

NELLIE SNYDER The resolution <S. Res. 85) submitted by Mr. SCHWELLEN­

BACH on the 18th instant and reported this day by :Mr. BYRNES from the Committee to Audit and Control the Con­tingent Expenses of the Senate, was considered by unani­mous consent and agreed to, as fallows:

Resolved, That the Secretary of the Senate hereby is authorized and directed to pay from the contingent fund of the Senate to Nell1e Snyder, widow of Nevin Snyder, late an assistant clerk to the Senate Committee on Interstate Commerce, a sum equal to 6 months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allowances.

HEARINGS BEFORE COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS The resolution <S. Res. 87) submitted by Mr. CONNALLY

on the 20th instant and re:ported this day by Mr. BYRNES from the Committee to Audit and Control the Contingent Expenses of the Senate, was considered by unanimous con­sent and agreed to, as follows:

Resolved, That the Committee on Publlc Buildings and Grounds, or any subcommittee thereof, hereby 1s authorized, during the Seventy-fourth Congress to send !or persons, books, and papers, to administer oaths, and to employ a stenographer, at a cost not exceeding 25 cents per hundred words, to report such hearings as may be had on any subject before said committee, the expense thereof to be paid out of the contingent fund of the Senate; and that the committee, or any subcommittee thereof, may sit during the sessions or recesses of the Senate.

ADMINISTRATION OF CODES UNDER THE N. R. A. Mr. BYRNES. From the Committee to Audit and Control

the Contingent Expenses of the Senate I report back favor­ably, with additional amendments, Senate Resolution 79, and, with an amendment, Senate Resolution 35, I ask unanimous consent for their consideration at this time.

The VICE PRESIDENT. The first resolution will be read. The Chief Clerk read the resolution (S. Res. 79) submitted

by Mr. NYE and Mr. McCARRAN on the 14th instant, as follows:

Whereas the National Industrial Recovery Act, as a temporary measure, has been in operation for nearly 2 years and will expire by limitation of time on June 16, 1935; and

Whereas proposals wlli soon be pending before the Congress for an extension of the act or for the enactment of new legislation in lieu of it; and

Whereas the Congress should be guided in its deliberations by the practical experience of the last 2 years; and

1935 CONGRESSIONAL RECORD-SENATE 2609 Whereas numerous charges have been made of injustice, oppres­

sion, and favoritism in the administration of the codes of the several industries; and

Whereas the charges include, among others, the following: 1. That small enterprises are oppressed and their continued

existence jeopardized; 2. That wage scales and the rights of the workers are being

ignored or subordinated in the competitive battle of the strong to seize the markets of the weak;

3. That in some industries the code authorities are dominated by certain elements of the industry, and are using their powers for the oppression of other elements;

4. That they are energetically using their usurped powers to accomplish the centralization of industry and to prevent its decen­tralization;

5. That hordes of paid investigators and inquisitors travel over the country practicing unlawful searches and seizures;

6. That in certain cases the administrators themselves have not hesitated openly to suspend or revoke the law for the benefit of favored individuals;

7. That even among the nonfavored elements of industry there is discrimination in this respect; that the strong are able to resist

·aggression while the weak must submit; . 8. That, possessing vast and extralegal powers, code authorities

have made trivial demands which cannot be ignored, under pain of economic death, and have compelled the accused to travel vast distances with their witnesses and records to remote places to vindicate themselves;

9. That under the pretense of enforcing wage provisions the code authorities and the administrators have declared and are putting into effect a policy of regulating production costs without reference to wage scales;

10. That by means of the usurped power of fixing production costs they are indirectly fixing prices to the consumer;

11. That code authorities have usurped the legislative function and have issued floods of new legislation under the guise of rules, regulations, and interpretat ions;

12. That such rules, regulations, and interpretations are deliber­ately designed to affect adversely the unfavored elements and to leave unaffected the favored elements of industry;

13. That the torrent of rules, regulations, and interpretations has been deliberately designed to be vague, indefinite, and uncer­tain in order that the codes may mean anything or nothing in the unlimited discretion and untrammeled will of the code authorities;

14. That many of these vague rules, regulations, and interpreta­tions have been retroactive in character; that industry has been compelled to guess at its peril; and individuals have been charged with serious offenses for violation of supposed laws which were not and could not have been anticipated;

15. That a wealth of statistical information is obtained from members of industry for the use and guidance of code authorities; that this information is available to the dominant elements and is withheld from those who would resist their domination;

Whereas if the conditions charged obtain to any considerable extent the Congress should have full knowledge of them to guide it in the formulation of new legislation; and

Whereas all friends of labor and all well-wishers for the success of the industrial-recovery program recogntze that the correction of abuses is a necessary condition to the success of the program: Now, therefore, be it

Resolved, That the subject matter of this resolution be referred to the Senate Committee on Commerce and that said committee be, and is hereby, authorized and directed to investigate and report upon the subject matter of this resolution.

For the purposes of this resolution the committee or any sub­committee thereof is authorized to hold hearings; to sit and act at such times and places during the sessions and recesses of the Congress until the final report is submitted; to require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents; to administer such oaths; to take such testimony, and to make such expenditures as it deems advisable. The cost of stenographic services to rep9rt such hear­ings shall not be in excess of 25 cents per hundred words. The expenses of the committee, which shall not exceed $25,000, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman.

The VICE PRESIDENT. Is there objection to the present consideration of the resolution?

Mr. McCARRAN. I ask that it go over. The VICE PRESIDENT. Objection is heard. Mr. HARRISON. Mr. President, this is the resolution

which pertains to an investigation of certain charges against the N. R. A. It was first referred to the Committee on Finance, reported by that committee, and then referred to the Committee to Audit and Control the Contingent Expenses of the Senate. With reference to the matter, we are in such situation that I think, if the resolution is going to be adopted, it should be adopted promptly; of course, if it is not going to be adopted, that is all right.

The Committee on Finance is ready to proceed with the proposed investigation. We are also ready to proceed with a measure along the lines of the President's recent message involving certain changes in the N. R. A. law. The results of the proposed investigation ought to be before the Senate when we begin to consider N. R. A. legislation. I had hoped to call the Committee on Finance together in the morning to lay our plans for consideration of the situation. If there is any delay of the proposed investigation, the committee will proceed to begin to write legislation, in accordance with the suggestions of the President, so we may get something before the Senate.

16. That protected by code provisions for the confidential nature of information thus obtained, the operations of the code author­ities are shrouded in mystery which the unfavored elements are unable to penetrate; Mr. McNARY. Mr. President, may I ask the Senator from

17. That in certain instances important amendments to codes Mississippi what allowance the committee made with refer­·have been obtained and approved of which the industry at large ence to expenses? was in total ignorance for many months;

18. That when just complaints have been made to the admtn- Mr. HARRISON. I think the committee reduced the istration the administrators have investigated the conduct of amount· from $25,000 to $5,000. The Committee on Finance themselves and of their collaborating code authorities; that such did not make any recommendation with reference to the investigations haye been secretly conducted, and the complaining expenditure. elements never called upon to produce evidence or informed that the investigation was in progress; Mr. McNARY. Is it the opinion of the committee that

19. That section 4 (b) of the National Industrial Recovery Act $5,000 is a.dequate for a full investigation? (now expired by limitation) provided the conditions under which the President may require that no person shall engage in any trade Mr. HARRISON. I do not think there is any doubt that or industry without first obtaining a license; that in defiance of the it is sufficient for the present. As the Senator knows, the clear intent of the act certain industrial codes provide that all Finance Committee has rather broad powers with reference commodities produced shall bear an N. R. A. label; that the privi- to these matters. lege of using such label shall be granted upon application to the code authority; that the privilege of using such label may be with- Mr. NYE. Mr. President, has there been reported this drawn in respect of any manufacturer whose operations, after morning another resolution authorizing an investigation of bearing by the code authority and review by the Administrator, N R A b th J di · shall be found to be in substantial violation of the code; that this · · · Y e U Clary Committee? in effect constitutes the code authority and the Administrator a The VICE PRESIDENT. It has not as yet been laid before li~ensing authority; that some retail codes contain an absolute the Senate, but the Chair is advised that it is on the desk, prohibition of the sale by any merchant of any commodity the ted this · b th Se t code of whose industry requires a label unless the label of such repor mormng Y e na or from South Carolina industry be thereto affixed; that this system of legalized boycott [Mr. BYRNES]. places the manufacturer at the absolute mercy of the code author- Mr. NYE. For the information of the Senate, I think it ity and the Administrator; that a standardized practice has evolved ought to be ma4e clear that the action of the Senator from under which a person aggrieved by a ruling of the code authority may appeal to the Administrator for redress, but that as a condi- Nevada [lv!r. McCARRAN] in asking that the resolution which tion of obtaining a hearing of his grievances he must agree 1n has been reported go over, was occasioned by the thought advance to be bound by the decision of the Administrator and that two resolutions are being reported this morning calling waive his right to resort to the judicial process;

20. That, notwithstanding the provision of the constitution of for ~wo separate and distinct i?vestigations of N. R. A.. It the United States that all bills for raising revenue shall originate has oeen thought that there nught be some advantage m a in the House of Representatives, code authorities have assumed consolidation of the two resolutions. The request that the and are exercisi~g the power to levy taxes on industries and are resolution go over was occasioned quite entirely by the desire enforcing collection thereof by duress; . · '

21. That code authority administration in many cases has lost au l as I understand, to afford an opportumty for Senators inter­semblance of a rule of law and has become a rule of men, bent ested to get together and endeavor to devise a plan of upon the oppression of their weaker competitors; and · - consolidating the two resolutions. - -

2610 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 Mr. HARRISON. But the Senate might today recess over

a day or two. My committee is anxious to get to work on the matter. We are going to proceed, if the resolution is not adopted, to the consideration of the changes in the N. R. A. law suggested by the President. It seems to me the resolu­tion ought to be before the committee when we proceed and thus enable us to kill two birds with one stone. It is incon­ceivable that there should be any delay about the matter. Let the resolution be adopted and the investigation be under­taken by the Finance Committee, and then, if Senators want to make some effort later to consolidate the two investiga­tions, that will be all right. I have no objection to the other committee proceeding with an investigation along monopo­listic lines.

Mr. NYE. There might be a desire on the part of another committee whicll is concerned with the other resolution yet to be reported from the desk. I would suggest that before we pass definitely upon the resolution now before the Senate, the second resolution be reported so that the Senator from Nevada may have a chance then to make his point more clear.

The VICE PRESIDENT. As there has been objection to the consideration of Senate Resolution 79, it will go over.

Mr. NYE. Very well.

MONOPOLISTIC PRACTICES AND ANTITRUST LAWS

The VICE PRESIDENT. The second resolution reported by the Senator from South Carolina [Mr. BnNEs] will be stated.

The Chief Clerk read the resolution CS. Res. 35) submitted by Mr. KING on January 7, 1935, and reported this day by Mr. BYRNES from the Committee to Audit and Control the Contingent Expenses of the Senate, as follows:

Whereas to prevent monopolies and combinations in restra1ilt of trade and efforts to obtain monopolistic control of trade and commerce, laws were enacted by the Congress which are stm in force; and

Whereas it ls claimed that such laws have not been enforced and that monopolies have increased and monopolistic control o! industry has been strengthened; and

Whereas, notwithstanding the enactment o! said antitrust laws, it is alleged that the National Industrial Recovery Act has been construed as permitting monopolies and pro tanto repeals the said antitrust laws; and '

Whereas it is alleged that the said antitrust laws are inadequate to meet monopolistic developments and should therefore be strengthened in order that the purpose for which they were enacted might be realized: Now, therefore, be it

Resolved, That the Committee on the Judiciary, or any duly authorized subcommittee thereof, is authorized to conduct an in­vestigation to determine (1) whether the National Industrial Re­covery Act has encouraged or promoted monopolistic practices; (2) whether the National Industrial Recovery Act or rules, regula­tions, and codes issued under it have tended to nullify the anti­trust laws; (3) whether, in that event, legislation ls needed to restore the antitrust laws to the position which they occupied prior to the date of enactment of the National Industrial Recovery Act; and (4) whether the antitrust laws, 1f properly enforced are adequate to control monopolistic practices.

The committee shall report as soon as practicable the results of its investigation, together with its recommendations, 1f any, for necessary legislation. For the purposes of this resolution the committee, or any duly authorized subcommittee thereof, 1s au­thorized to hold hearings, to sit and act at such times and places during the sessions and recesses of the Senate in the Seventy­:fourth and succeeding Congresses until the final report is sub­mitted; to employ such clerical and other assistants, to require by subpena or otherwise the attendance o! such witnesses and the production of such books, papers, and documents; to admin­ister such oaths; and to take such testimony and make such ex­penditures as it deems advisable. The cost o:f stenographic serv­ices to report such hearings shall not be in excess of 25 cents per hundred words. The expenses of the committee, which shall not exceed $5,000, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman.

Mr. McCARRAN. Mr. President, I ask to have both reso­lutions go over for 1 day, all with a view of getting together with other Senators in order .to provide for one investiga­tion, presumably and pref er ably by a select committee, thus to save duplication of investigation and also to save money.

A select committee, in my judgment, would be a-ble to get to work immediately on the investigation. I am very anx­ious, as one of the proponents of one of the resolutions, to have the investigation go forward at once. It was with that

idea in mind that I wanted the resolution to go over for 1 day in order that we might get together and have concerted action on the whole matter.

The VICE PRESIDENT. Objection is heard. Mr. HARRISON. Mr. President, a parliamentary inquiry. The VICE PRESIDENT. The Senator will state it. Mr. HARRISON. Two resolutions having been submitted,

and the two resolutions having been reported this morning, is there any parliamentary way for the Senator from Nevada to move to combine the two?

The VICE PRESIDENT. Not today. The resolutions must go over 1 day under the rule. ·

Mr. HARRISON. Would there be a way tomorrow for him to do so?

The VICE PRESIDENT. Is the parliamentary inquiry of the Senator from Mississippi whether he may ask for action tomorrow on the resolutions?

Mr. HARRISON. The parliamentary inquiry is, two reso­lutions providing for two separate investigations having been submitted, one calling for an investigation by a subcom­mittee of the Judiciary Committee and the other for an in­vestigation by the Finance Committee, would it be in order tomorrow, under the rule, for a motion to be made to com­bine the two and have a select committee conduct the in­vestigation?

The VICE PRESIDENT. Any amendment to either of the resolutions will be in order when they come before the Sen­ate. The Chair believes that answers the Senator's par­liamentary inquiry.

Mr. HARRISON. Very well. BILLS AND JOINT RESOLUTION INTRODUCED

Bills and a joint resolution were introduced, read the first time, and, by unanimous consent, the second time, and ref erred as follows:

By Mr. DICKINSON: A bill (S. 2028) for the relief of Frederick H. Pollman;

to the Committee on Military Affairs. By Mr. CAREY: A bill (S. 2029) to authorize naval and Marine Corps service

of Army officers to be included in computing dates of retire­ment; to the Committee on Military Affairs.

By Mr. VANDENBERG: A bill (S. 2030) for the relief of William Dean McCoy;

to the Committee on Naval Affairs. By Mr. DAVIS: A bill CS. 2031) for the relief of Luther Mal.ll'ice Walton;

and A bill (S. 2032) for the relief of Henry A. Hart; to the

Committee on Military Affairs. A bill (S. 2033) granting a pension to Henrietta V. W.

Owen; to the Committee on Pensions. By Mr. KING: A bill (S. 2034) to prevent the fouling of the atmosphere

in the District of Columbia by smoke and other foreign substances, and for other purposes; and

A bill (S. 2035) to amend an act approved June 25, 1934, authorizing loans from the· Federal Emergency Admi.nistra­tion of Public Works, for the construction of certain munici­pal buildings in the District of Columbia, and for other purposes; to the Committee on the District of Columbia.

By Mr. BORAH: A bill CS. 2036) to provide for the acquisition of a site

and the erection thereon of a Federal building at Buhl, Idaho; to the Committee on Public Buildings and Grounds.

By Mr. NEELY: A bill <S. 2037> granting a pension to Rose Kennedy; to

the Committee on Pensions. By Mr. BYRNES: A bill CS. 2'038> granting an increast of pension to Edgar

C. N. Waldrop; to the Committee on Pensions. A bill (S. 2039) making it a felony to transport in inter­

state or foreign commerce persons to be employed to ob­struct or interfere with the right of peaceful picketing during labor controversies; to the Committee on the Judiciary.

1935 CONGRESSIONAL RECORD-SENATE 261{

By Mr. GERRY: A bill CS. 2040) to amend an act entitled "An act to pro­

vide compeD.sation for employees of the United States suf­fering injuries while in the performance of their duties, and for other purposes", approved September 7, 1916, and acts in amendment thereof; to the Committee on ClB.ims.

A bill cs. 2041) for the relief of Charles E. Wilson; to the Committee on Military Affairs.

By Mr. LONERGAN: A bill CS. 2042) for the relief of Grace Park; to the Com­

mittee on Claims. A bill (S. 2043) to amend the Merchant Marine Act of

June 5, 1920, Public, No. 261; to the Committee on Commerce. A bill (S. 2044) for the refund of income and profits taxes

erroneously collected; to the Committee on Finance. A bill <S. 2045) for the relief of Stephen Sowinski; to the

Committee on Military Affairs. A bill cs. 2046) granting a pension to Stephen Sowinski;

·to the Committee on Pensions. By Mr. THOMAS-of Oklahoma: . A bill (S. 2047) to promote the general welfare of the

Indians of the State of Oklahoma, and for other purposes; to the Committee on Indian Affairs.

By Mr. MALONEY: A bill (S. 2048) for the relief of Lt. William J. Wholean;

to the Committee on Finance. By Mr. LA FOLLETTE: A bill (S. 2049) for the relief of George H. Hauge; to the

Committee on Claims. A bill (S. 2050) granting a pension to Charlotte C. Oliver;

and A bill (8. 2051) granting a pension to Marcella Koster­

mann; to the Committee on Pensions. By Mr. FRAZIER and Mr. ASHURST: A bill (8. 2052) to provide for the payment of taxes on

certain lands acquired under authority of acts of Congress; to the Committee on Public Lands and Surveys.

By Mr. WALSH: A bill CS. 2053) authorizing the appointment and retire­

ment -0f Francis Joseph Thomas as an ensign in the United States Navy; to -the Committee on Naval Affairs.

By Mr. MINTON: A bill (S. 2054) to authorize the presentation of a Distin­

guished Service Cross to Harry L. Kast (with accompanying papers) ; to the Committee on Military Affairs.

A bill (8. 2055) granting a pension to Mary E. Troutman; A bill cs. 2056) granting a pension to Ellen Mullis Baker; A bill (S. 2057) granting a pension to Willard Hyser; A bill cs. 2058) granting an increase of pension to Lucy S.

Kemp; A bill <S. 2059) granting a pension to Blanche Walker; A bill (S. 2060) granting a pension to George E. Hilgert; A bill (8. 2061) graritiri.g a pension to Amanda Bastian; A bill CS. 2062) granting a pens~on to Paulean Auberry

{with accompanying papers) ; A bill CS. 2063) granting a pension to Edward Morgan; A bill (S. 2064) granting a pension to Lizzie Sarver; A bill (S. 2065) granting a pension to Joanna B. Town-

send;, . A bill (S. 2066) granting a pension to America V. Noel

(with accompanying papers); . A bill <S. 2067) granting a pension to Dora J. M~yberry

<with accompanying papers) ; A bill CS. 2068) granting a pension to Edward M. Stultz

<with accompanyip.g papers); A bill CS. 2069) granting a pension to Gordon C. Patton

(with accompanying papers); A bill (8. 2070 > granting a pension to Daniel L. Myers

<with accompanying papers); and A bill (S._ 2071) granting a pension to Mary E. Stout (with

accompanying papers) ; to the Committee on Pensions. By Mr. McNA.ftY: A joint resolution <S. J. Res. 68) extending the thanks of

the Government and people of the United States to the Republic of Finland; to the Committee on Foreign Relations.

HOUSE Bll.LS REFERRED

The following bills were severally read twice by their titles and ref erred to the Committee on the District of Columbia:

H. R. 83. An act to provide for the conservation and settle.. ment of estates of absentees and absconders in the District of Columbia, and for other purposes;

H. R. 3~77. An. act relating to the incorporation of Trinity College of Washington, D. C., organized under and by virtue of a certificate of incorporation pursuant to the incorporation laws of the District of Columbia, as provided in subchapter 1 of chapter 18 of the Code of Laws of the District of Columbia;

H. R. 4538. An act to change the designation of Lefler Place to Second Place; and

H. R. 5711. An act to provide pensions for needy blind per­sons of the District of Columbia and authorizing appropria­tions therefor.

DR. CHESTER C. GROFF

Mr. COPELAND. Mr. President, the message received this morning from the House of Representatives advises the Sen­ate that the House has passed without amendment the bill CS. 31) to provide for the issuance of a license to practice the healing art in the District of Columbia to Dr. Chester C. Groff.

The House and the Senate have passed identical bills in this matter. I move that the bill <H. R. 4996) to provide for the issuance of a license to practice the healing art in the District of Columbia to Dr. Chester C. Groff be indefinitely postponed.

The motion was agreed to. UNLAWFUL ENTRY ON PRIVATE PROPERTY

Mr. KING. Mr. President, some days ago the Senate passed Senate bill 402, which has since passed the House of Representatives with very unimportant amendments. I ask the Chair to lay before the Senate the amendments from the House.

The VICE PRESIDENT laid before the Senate the amend­ments of the House of Representatives to the bill (S. 402) to amend section 824 of the Code of Laws for the District of Columbia, which were, on page 1, line 8, after "dwelling", to insert " or building "; and on page 2, line 2, after " dwell .. ing ", to insert "or building."

Mr. KING. I move that the Senate concur in the amend­ments of the House.

The motion was agreed to. WORK RELIE.F PROGRAM-TELEGRAM OF SENATOR GORE

Mr. ASHURST. Mr. President, I ask unanimous consent to have printed in the RECORD certain telegraphic correspond­ence between certain citizens of Oklahoma and the senior Senator from Oklahoma [Mr. GoRE], and also a brief news­paper item.

There being no objection, the matters were ordered to be printed in the RECORD, as follows:

McALESTER, OKLA., February 22, 1935. Hon. T. P. GORE,

United States Senate: Several thousand Pittsburg County unemployed people assembled

1n convention demand you support President Roosevelt's $4,000,-000,000 relief measure. If you vote against measure sentiment is, you stay out of this county in next senatorial race.

JOE A. BROWN, Mayor Hartshorne, Chairman of Committee.

Hon. JOE A. BROWN, Mayor of HartshorM,

C. B. LINDSAY, Mayor of Haileyville, Okla~

FEBRUARY 23, 1935.

Chairman Committee cm Unempl-0yed., McAlester, Okla.,

Hon. c. B. LINDSAY, Mayor of Haileyville,

Haileyville, Okla.: This will acknowledge your exceedingly diplomatic and hospi4

table telegram. It shows how the dole spoils the soul. Your telegram intimates that your votes are for sale. Much as I value votes I am not in the market. I cannot consent to buy votes with the people's money. I owe a. debt to the taxpayer as well as to the unemployed. I shall discharge both. None but the bully resorts to threats and none but the coward yields to them. -

THOMAS P. GoRE, United States Senator.

-2612 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 [From the Washington Star of Feb. 26, 1935]

SENATOR GORE SEES PERIL IF DRAGON RUNS IN OKLAHOMA

Senator GoRE, of Oklahoma. has won a. reputation for salty com­ment, for it often has a sharp sting to it.

A Washington hostess was describing to him the other evening -the so-called "dragon-lizard" at the National Zoological Park.

"Why, Senator", she said. "that lizard has a yellow tongue 7 inches long that he shoots out of his mouth."

"Good gracious", interrupted the Senator. "I hope he doesn't go to Oklahoma and run for the United States Senate."

THE N. R. A. AND SMALL BUSINESS

Mr. BORAH. Mr. President, I ask unanimous consent to have printed in the RECORD a letter from Almarin Phillips & Son, of Port Jervis, N. Y., with reference to the price of

. roofing materials; and, bearing on the same subject matter, an editorial entitled "Taps for the Blue Eagle", which ap­peared in the Philadelphia Record of February 21, 1935.

There being no objection, the letter and editorial were ordered to be printed in the RECORD, as follows:

PORT JERVIS, N. Y., February 25, 1935 . . Senator w. E. BORAH,

Washington, D. C. DEAR Sm: I see by the New York Times that you are engaged ln

an effort to revive the action of the antitrust laws. Would state that I have been in the wholesale asphalt roofing business for some time and I have never seen a time when the trade was so absolutely tied up, and with the present rules of the association, which practically takes in all of the United States, with the excep­tion of two firms furnishing the mail-order houses, we will be put out of business and, at the same time, the companies are making enormous profits. A 10-inch square butt shingle that we ha.ve bought for about $3.15 delivered today will cost us over $4.50 de­livered and, at the same time, the ma.11-order houses are selllng the same shingle to a consumer at $4.50. The companies are mak­ing such tremendous profits that they will hold together in a. penalty-bound deal.

My son, who is president of the Mayors' Association of the State of New York, is in Chicago conferring with the mayors' associa­tions of other States to devise some means by which the munici­palities of the United States can buy goods without paying such tremendous figures. If you will confer with Mayor La.Guardia, of New York City, on the fire-hose situation, you will be astounded at the capacity and gall for price situation, a price situation which leaves enough profit for a tremendous graft to be paid and yet holds the cities up to an awful price.

We wish you the best of success in your endeavor to enforce · some of the antitrust laws, because when the manufacturers get

together in a deal llke these dea.J..s they do not seem to stop at a reasonable price. •

Very truly yours, A.I.MARIN PHILLIPS & SON' A.I.MARIN PHILLIPS.

[From the Philadelphia Record, Feb. 21, 1935] TAPS FOR THE BLUE EAGLB

N. R. A. must be abandoned. Reluctant as Congress may be to take that step, no other sound

course is open. Instead o! continuing N. R. A., let Congress embody a mini­

mum-wage law and a maximum-hour law in the Federal statutes--And jettison all the rest of the code claptrap, the complicated

and often impossible trade-practice regulations, the price fixing, and various other devices through which N. R. A. has fostered monopoly instead of curbing it.

In his message to Congress, President Roosevelt enumerates vari­ous weaknesses of N. R. A. which he believes should be remedied.

When one takes into consideration the many other weaknesses which the President does not mention-weaknesses in N. R. A. ad­ministration as well as weaknesses of the law itself-

There can be only one logical conclusion: To drop this " noble experiment '', go back where we were before

it was launched, and start afresh. " Don't trifle with that bird! " This ominous reference of General Johnson to the blue eagle

was a vain warning. The " bird " has been trilled with on every hand-by business men and public officials, by those charged with enforcing N. R. A., as well as those who opposed it from the start.

Thus, today the Blue Eagle lies pitifully battered and mangled, far back on the high road to recovery. And the one humane thing

· to do is to put it out of the way, not let it suffer. General Johnson's phrase is typical of the high hopes held for

N. R. A. in its early days. Those initial effects were beneficial beyond question.

Subsequent operation of N. R. A., however, has been a backward movement instead of a forward movement.

For business, there has been increasing unwarranted interfer­ence in its affairs, mounting proo! of the impossibility of running the complex commercial structure of the country from a bureau in Wash.ington.

For labor the supposed guaranties of section 7 (a) have not been realized. Instead, N. R. A. often has served to interfere with labor's efforts to better working conditions. Appeals taken to the various labor boards have ended either 1n deadlock or fruitless

compromise. And even where labor won victories through N. R. A. agencies, those victories have been nullified time and again by other Government agencies. .

For the public, N. R. A. has failed to fulfill its promise of put­ting more men to work at higher wages to restore purchasing power.

A few figures will show just how N. R. A. has gone backward from recovery instead of forward.

The President's original reemployment agreement set a $12 minimum wage. That was rock-bottom pay. And it was under­stood at the time that the various codes would increase that minimum.

Instead, code after. code has chiseled down the f 12 figure. That of the rubber-tire industry set a minimum wage of $10. That of excelsior products, $8. In the textile bag code it is $8.60. In retail grocery trades, $10 for 56 hours. In the wholesale grocery trade, $9 for 44 hours. In the cleaning and dyeing industry, $8; handkerchief makers, $9; banking, $12. The laundry code !or the South hit bottom with $5.60 for 40 hours' work. And only last week the cigarette code set a minimum wage of $10.

Meanwhile, income-tax records show more returns filed for incomes above $25,000 and less !or incomes below $25,000. -

The American Federation of Labor reported in January that average wages of the 16 chief producing and distributing indus­tries rose only 3 cents from $20.53 a week in November 1932 to $20.56 a week in November 1933.

Food prices, on the other hand, rose 7 percent, clothing and furnishings, 21 percent. Thus, real wages actually went down in a year in which corporation and individual profits expanded sub­stantially.

Finally, while N. R. A. is estimated to have originally restored 4,000,000 men to employment, the trend of employment has been gradually downward over the past 10 months.

The proof of the pudding is in the eating. N. R. A. can be judged only by its fruits.

Particularly, when hope after hope, promise after promise, has gone unfulfilled.

That is why the Record believes Congress should a.ct at once, and abolish N. R. A. before it carries us farther backward in our fight !or recovery.

That is why the Record believes we must substitute the fun­damental economic protection of a minimum-wage law and a maxim.um-hour law-

With labor left to stand on its own feet and business left to stand on its own feet. ·

Labor then will be free to fight its battles without Government interference.

Industry likewise will be tree to solve its problems-free to go back on the basis of open competition which is the essence of capitalism.

THE CALENDAR

The VICE PRESIDENT. Morning business is closed. The calendar under Rule VIII is in order. The clerk will state the first order of business on the calendar.

BILLS PASSE.D OVER The bill (S. 944) to amend section 5 of the Federal Trade

Commission Act was announced as first in order. Mr. AUSTIN. I ask that the bill go over. The VICE PRESIDENT. On objection, the bill will be

passed over. The bill (S. 243) for the relief of curtis Jett was an­

nounced as next in order. Mr. KING. Let the bill go over. The VICE PRESIDENT. The bill will be passed over.

THOMAS SALLENG

The bill CS. 244) for the relief of Thomas Salleng was announced as next in order.

Mr. KING. Let the bill go over. Mr. LOGAN. Mr. President, will the Senator withhold

his objection for a moment to enable me to make a brief statement?

Mr. KING. Very well. Mr. LOGAN. I happen to know Mr. Sa.Ueng personally,

He is one. of the finest law-abiding citizens of whom I know. He was in the Philippine Insurrection. He was in a num­ber of engagements in the Philippines. After the troops came home he was sent somewhere to the Middle Northwest, to Minnesota, I believe. He heard that his mother was sick and so he went home. He was marked as a deserter. No effort was ever made to capture him; but being a man of considerable conscience his action troubled him, so some­time afterward he went back to the Army post, hunted up the officer in charge, surrendered himself, served his term, and was discharged.

The Committee on Military Affairs under such circum­stances has long made it a practice, where a man has had

1.935 CONGRESSIONAL RECORD-SENATE 2613

battle service, to recommend that t~ dJsability of a. dis­honorable discharge be removed; and I trust the Senatoi: frQm uta.h will withdraw his objection.

The VICE PRESIDENT. Is there objection to the con-sideration of the bill? ·

There being no objection, the Senate proceeded to eon­sider the bill, which had been reported from the Committee on Military Affairs with an amendment. on page 1, line 8. after the words " on the ", to strike out " 13th day of July 1903 ", and insert " 11th day of September 1905 ", so as to make the bill read:

Be it enacted., etc .. That in the adm1nlstration of any laws con­ferring rights, privileges, and benefits upon honorably discharged soldiers Thom~ Ba.lleng, who was a member of Company D, N.lnth Regiment U.n1ted. States Infantry. shall hereafter be held and con­sidered to have been bonorably discharged from the millta.ry serv­ice of the United States on the 11th day of Sept.ember 190fi: Pro­vflled., That no bounty, back pay. pension. or allowance Shall be held to ha.ve accrued prior to the pa.ssag-e of~ act.

The amendment was agreed to. The bill was ordered to be engrossed for a third reading,

read the third time, and passed. BILLS P A.SSED OVER

The bill (S. 1266) for the relief of Robert E. Mastem was announced as next in order. ·

Mr. KING. Let that go -0ver. The VICE PRESIDENT. The bill will be passed o:ver. The bill · (8. 1404) to promote the efficiency of national

defense was announced as next in order. Mr. COOLIDGE. Mr. President. yesterday when the ca.l­

endar wa.s under considerati-0n the Senator from Utah rMr. Knrn l asked that this bill go over. In view of the fact tha.t he d~ t.o study the bill more thoroughly, I ask that it go over at this time. ·

The VICE PRESIDENT. The bill will be passed over. J'OHN CARM:ICHAEL Wll.LIAKS

The Senate proceeded to consider the bill (S. 1082) for the reinstatement of John Carmi cha.el Williams in the United States Navy, which was read as follo-WS:

Be it enacted. etc., That the President be. and he 1s hereby, authorized. by and with the advice and consent of the Senate, to restore John Carmichael Williams, late a lieutenant, United Stat.es Navy, as an offi.cer 1n the Navy with the rank and precedence 'Which he held on May 22, 1931: Provided., Tha.t the said John Carmichael Williams shall establish to the satLs!action o:f the Secretary o! tbe Navy, by the usual examination far such grade, his physical, men­tal. moral. and professional fitness to perfot"m the duties tbereo:f: Provided further, That the said John C&rm.lchael WilliAmS 6b.all be carried as additional to the number of the grade to which he may be restored or at any time thereafter promoted., and he shall not be entitled. to receiv.e pay or allowances for the period -dUring which he was not 1n the acttve service.

Mr. KING. Mr. President, will the Senator from Texas explain this bill?

Mr. SHEPP ARD. Mr. President, ordinatily bills such as this are not favorably considered. 'This man happens to be B.ll expert in aviation, as I explained in the last Congress -when a b1ll similar to this passed the Senate; and there is a special need for officers of this type.

The bffi was ordered to be engrossed for a third reading, read the third time, and passed.

BILL PASSED ovn The bill <S. 213) to amend section 113 <lf the Criminal

Code of March 4, 1909, 35 Statutes 1109 m. s. c., title 18, sec. 203), and for other purposes, was announced as next in order.

Mr. KING. Let that go over. Mr. ROBINSON. Mr. President, before this bill 1s dis­

posed of I should like t.o have an explanation of it. Mr. CONNALLY (and other Senators>. Let it go over. The VICE P~IDENT. The bill will be passed over.

PICKWICK LANDING Dill, !:.E1111.

The bill CS. 1506) to change the name of the Pickwick Landing Dam to Quin Dam was announced as next in order.

Mr. ROBINSON. Mr. President, what is the reason for this change of name? Why i.s Congress troubled with legis-

latinn changing the name of a dam from "' Pickwick " to "Quin''?

Mr. McKF!TJ.AR. .MI. President, I desire to have that bill go over. .

Mr. ROBINSON. It might be appropriate to change it from" Peck.sniff-" to some other Dickens' name.

Mr. McNARY. Mr. President, m the a.bsence of the author of the bill, I may say in a word that Quin is the name of a former Representative from Mississippi; and as chairman of the conference committee havmg to do with th~ Muscle Shoals project I served a great many years with Mr. Quin. He was very active. very purposeful and alert in the consideration of the legislation. and I think it ls appropriate t.o his memory that this change should be made in the name of this dam.

Mr. ROBINSON. Can the Senator tell us who was the " Pickwick " after whom the landing was .first -named?

Mr. McNARY. I am just taking up another Senator's task. I see that the Senator from Mississippi {Mr. HARRI­SON] is here.

Mr. HARRISON rose. Mr. McKELLAR. Mr. President, this dam is in Tennessee,

and I have received a number of prot.est.s a~ changing its name. 1 have asked the Senator from Mississippi to let the bill go over, and I hope that will be done.

I knew Mr. Quin very well, indeed. I esteemed him very highly. He was a very ,fine man, and I was very sorry to learn of his untimely death. At th-e same time, there are protests from my State against the passage of the bill, and I shall have to examine into the matt.er before the bill is passed. There­fore I should like to have it go over.

Mr. HARRISON. Mr. Presiden~ will the Senator withhold his objection for just a moment?

Mr. McKELLAR. Certa-inly. · Mr. HARRISON. I heard the statement of the Senator

!ram Oregon LMr. McNARY], the leader of the other side, and I appreciate very much his complimentary expressions with reference to the late Representative Quin. All of us are fa­milia.T with the fine record he made in the House and the very able service he rendered in connection with the particular legislation involving the development of Muscle Shoals. I will not say that he rendered. more service than did the dis­tinguished. Senator from Tennessee £Mr. MCKELLAR] or some other Senators here whose hearts were in that legislation; but certainly no Member of the HollSe ever manifested more zeal, ability, and perseverance in bringing about the develop­ment of Muscle Shoals th:an did Representative Quin. As Cha.ll'man <lf the Military Ai!airs Committee of the House and as a member of the conf erenre committee he was one <lf the strong pilla;rs upon which the legislation rested.

Of course, I shall not move to take np the bill at this time, because I am sure the Senator from Tennessee desires to co­operate in the matter, and I am sure the protest.s that have come to him were only protests from some of his constituents who dislike to see an old name such as "Pickwick Landing " changed after it has ex1sted in a oommunity for a long time. 'Ihe protests are not bees.use there is any particular objection to changing the name of the dam to Quin, but jmt because 90lile of those in the community would like to reta.in the na.me "'Pickwick randing." So I shall not move to consider the bilL hoping that the Senat.or wm permit me to have it oon­sidered later by unanimous consent.

Mr. CONNALLY. Mr. President---Mr. HARRIBQN. I yield to the Senator from Texas. Mr. CONNALLY. Has the name '4 Pickwick Um.ding" any

special significance, or is the desire to retain it based upon the fact that the landing has borne that name for a long while?

Mr. HARRISON. It is just a name tha."t has been given to this landing for a long time, long before there was ever any project to build a dam there.

Mr. CONNALLY. Mr. President,, will the Senat.or from Mississippi indulge me further?

Mr. HARRISON. Yes. _Mr. CONNALLY. I desire to concur ln what tbe Senator

from Mississippi has said with regard to the emiilent and

. 2614 _CONGRESSIONAL RECORD-SENATE FEBRUARY 26 valuable services of the late Representative Quin with re­gard to Muscle Shoals.

Mr. SHEPP ARD. Mr. President, perhaps Dickens crossed the river at that place when he visited the United States.

Mr. HARRISON. Probably so. Mr. ROBINSON. Mr. President, I desire to make it plain

that in requesting an explanation of the bill, I did not know that it was the intention to name the dam after the late Representative Quin.

Mr. HARRISON. Yes; it is. Mr. ROBINSON. I, too, recognize the ability he dis­

played, and his patient and faithful service while a Mem­ber of the House.

Mr. HARRISON. As the Senator will recall, one of the dams was named after President Wilson; another was named after the Senator from Nebraska [Mr. NORRIS]; and I thought it most appropriate that this dam should be named after the Member of the House who rendered the greatest service in that body in this matter. This dam will be the nearest to the Mississippi line of any of those that are to be erected.

The PRESIDENT pro tempore. Objection being _made, the bill will be passed over.

FILLING OF VACANCIES IN CERTAIN JUDGESHIPS The bill (S. 481) authorizing the filling of vacancies in

certain judgeships was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That any existing vacancy and any vacancy which may occur at any time hereafter in any of the following United States district judgeships created by the act of September 14, 1922 (42 Stat., ch. 306, sec. l, p. 837; U. S. C., title 28, sec. 3), and the act of March 2, 1925 (43 Stat., ch. 397, secs. 1-3, p. 1098; U. S. C., title 28, sec. 4), are hereby authorized to be filled: 2 in the district of Massachusetts; 2 in the southern district of New York; 1 in the eastern district of New York; 1 ·1n the western district of Pennsylvania; 1 in the eastern district of Michigan; 1 in the eastern district of Missouri; 1 in the west­ern district of Missouri; 1 in the northern district of Ohio; 1 in the southern district of California; 1 in the district of Minnesota; 1 in the northern district of Texas; 1 in the district of Arizona, and 1 in the southern district of Iowa.

ALVA A. MURPHY

The bill (S. 170) for the relief of Alva A. Murphy was announced as next in order.

Mr. KING. Mr. President, undoubtedly Senators are familiar with the fact that a number of representatives of the Government have been wounded or killed in the en­forcement of the prohibition laws as well as in the enforce­ment of other laws. It does not seem to me quite proper that we should single out one case; and in this instance, as I read the report, Mr. Murphy really was not .in the employ of the Government.

As I say, it is rather singular that we should single out one case and grant compensation. It seems to me the whole question should be dealt with in a rather general way; and I suggest that this bill go over, only for the purpose of having the whole subject receive attention, because I think perhaps there should be some compensation.

I may say in passing that quite recently one of the finest citizens of my State, an officer who participated in the cap­ture of one of. the most dangerous of the public enemies, was shot and killed. Suggestions have been made that his family should receive some compensation; and, in view of the fact that there are a number of these cases, I ask that this bill go over.

The PRESIDENT pro tempore. The bill will be passed over.

are now two acting assistant surgeons on active duty in the NavY who have reached the age of 64 years. In fact, both are over 70 years of age, 8.nd one is an invalid. They have been in the service since 1898. · The Navy Department recom­mends their retirement, and promises not to fill the va­cancies; so by retiring these two officers, instead of paying them their present salaries-they having become old and somewhat infirm-the Government will pay only the retire­ment pay and save about $4,416 a year.

Mr. CONNALLY. Mr. President, will the Senator yield? The PRESIDENT pro tempore. Does the Senator from

Massachusetts yield to the Senator from Texas? Mr. WALSH. I do. Mi:-. CONNALLY. If these surgeons are on the regular

list, why do they not retire at the age of 64 anyway? Is not that the general law?

Mr. WALSH. It is true that that is the general law, but it does not apply to these men. That is why there has to be . a special bill.

Mr. CONNALLY. · Are they regular commissioned omcers or civilian employees?

Mr. WALSH. They are what are known as " t.emporarJ naval officers" in distinction from permanent naval omcers.

·Mr. CONNALLY. That is the point, then. Why should we extend the retirement privilege to civilian employees of the NavY Department while all other civilian employees have to retire under the regular civilian retirement law?

Mr. WALSH. Were they permanent naval officers, they would be retired. No provision of law provides for the re-tirement of temporary naval officers. ·

Mr. CONNALLY. To be sure; but they are not regular naval officers. Why should we ext.end the retirement privi­leges of naval officers to men who are not naval officers, but who are simply civilian employees of the NavY Department?

Mr. WALSH. But the alternative is that they will -stay on their jobs and be paid much more than their retired pay.

Mr. CONNALLY. They will supposedly be doing some work if they stay on their jobs. I do not like to object to the Senator's bill, but I do think this is a very serious departure from the usual practice.

Mr. WALSH. Let me say that this is not my bill. I do not know the two individuals who will be retired. The bill is recommended by the NavY Department. I have no per­sonal interest in the two acting assistant surgeons.

Mr. KING. Mr. President, may I ask a question of the Senator? Might not the passage of this bill be construed as a precedent for granting like privileges to other civilians?

Mr. WALSH. It might if there were any other acting as­sistant surgeons in the NavY who would be eligible. They are the only two who are left of those who, under special act of Congress in 1898, were appointed as temporary naval officers.

Mr. KING. I mean, in other departments where civilians have been employed, might not this be regarded as a prece­dent? If we should grant retirement privileges to civilians who happen to be in the NavY, why not grant retirement privileges to civilians who may be in other departments of the Government?

Mr. WALSH. Of course retirement privileges are granted to many civilians in various branches of the Government service.

Mr. KING. I know that. Mr. CONNALLY. No.tat three-fourths pay, however. · Mr. WALSH. That is true. This retirement will simply

place these surgeons in the same status as regular commis­sioned medical officers who are given the retirement privi­leges.

Mr. CONNALLY. If this bill were passed, though, why would not the employees of the Public Health Service have

RETIREMENT OF ACTING ASSISTANT SURGEONS OF THE NAVY the same right to retirement when they get to be 64 years of The bill (S. 883) directing the retirement of acting assist- age, and the employees of all the other departments?

ant surgeons of the United States NavY at the age of 64 Mr. WALSH. I do not know what the law is with regard years was announced as next in order. to retirements in the Public Health Service. In view of the

Mr. ROBINSON. Mr. President, may I ask the Senator interrogatories of the Senators, the bill can go over until I from Massachusetts [Mr. WALSH] to state the changes which receive further information from the Navy Department. this bill makes in existing law? Mr. CONNALLY. I ask that the bill go over, Mr. President.

Mr. WALSH. Mr. President, this is one of the few bills . The PRESIDENT pro tempore. The bill will be passed · on the calendar which are in the interest of economy. There over. -

1935 CONGRESSIONAL RECORD-SENATE 2615

A. C. :MESSl.ER CO.

The bill (S. 313) to confer jurisdiction on the Court of Claims to hear and determine the claim of A. C. Messler Co. was announced as next in order.

Mr. KING. Let that bill go over. Mr. WHITE. Mr. President, will the Senator withhold his

objection? Mr. KING. I withhold the objection for a moment, but I

desire to call the Senator's attention to the fact that the claim is barred by the statute of limitations. It is an old claim.

Mr. WHITE. That is quite true. Mr. ROBINSON. Mr. President, I should like to ask the

Senator when the claim first arose. I have not had an opportunity to read the report.

Mr. WID'l'E. Mr. President, if I may, I will make a very brief statement with respect to the claim.

The bill authorizes the Court of Claims to assume juris­diction and to hear and determine this claim notwithstand­ing the lapse of time. In the last Congress a bill was pre­sented providing for the payment of some $16,000 in settle­ment of this claim. The measure was fully considered by the Committee on Claims, and the amount was reduced from $16,000 to between twelve and thirteen thousand dollars. In that form the bill was favorably reported to the Senate, and was passed by the Senate.

The claim arises out of a contract entered into during the war by which the claimant company agreed to manufacture and deliver to the Government some 15,000,000 cartridge clips. The contract between the Government and the claimant was executed in several forms. It is a matter of regret that the forms were not all the same. There were words appearing on one form of the executed contract which did not appear in another. There were words stricken out in one form of the contract which were not stricken out in another. There were interlineations in some of the contracts. So there was presented a very confusing question as to the precise obligation entered into by the Government.

The Committee on Claims reached the conclusion that, upon a proper interpretation of the contract, the Govern­ment was obligated to furnish the contractors so many pounds of copper and so many pounds of spelter per 1,000 clips of cartridges at a designated price.

The specifications, which were attached to the con­tract, provided that there should be furnished 19 pounds per 1,000 clips. As a matter of fact, the Government fur­nished only 17 ·pounds per 1,000 clips, and the question is whether the obligation rested on the contractor to go into the open market and buy the 2 pounds of metal per thou­sand clips-which it did at a cost of something over $16,000-or whether a proper interpretation of the contract placed on the Government the obligation of furnishing the entire amount of metal necessary to perform the contract.

The committee in the last Congress gave very searching attention to this question, and we reached the conclusion then that the obligation was on the Government.

It has seemed wise, because of difilculties the bill encoun­tered elsewhere, to transfer this whole question of the proper interpretation of the contract to the Court of Claims, rather than to attempt to pass upon it here. I have explained the matter as well as I can.

Mr. KING. Mr. President, this is an old claim, originat­ing, as the Senator has said, away back in the time of the war. The Senator will remember that we set up the Dent Board, and other instrumentalities, for the determination of claims against the Government which contractors and indi­viduals might have growing out of services or alleged services during the war. I find on page 7 of the report the fol­lowing:

The claim has been considered and denied by the Cla.ims Board, Ordnance Department, and by the War Department Board of Con­tract Adjustment.

And the places where the decisions are given are cited. The latter boa.rd denied the claim on the theory that, under

the terms of the contract, the Government was obltgated to fur­nish only 17 pounds o! metal per 1,000 clips manu!act\ll'ed. An

appear was taken to the Secretary of Wa.r, as authorized under the Dent Act, who on December 4, 1920, affirmed and approved the decision of the Boa.rd of Contract Adjustment denying relief.

The citation is given, Eighth Decisions Appeal Section, War Department Claims Board, 221-

Apparently the case has never been before the Court of Claims.

Mr. WHITE. Mr. President, the Senator is correct; but the fact remains that the Committee on Claims, after a most thorough investigation of this matter, and a consideration of the terms of the various drafts of the contract, reached a conclusion diametrically opposite to that reached by the authorities of the War Department, and it did seem en­tirely proper, in those circumstances, that the Court of Claims should pass upon the legal questions involved.

I think the proper interpretation of the contract deter­mines this case. It is a legal question, and the Committee on Claims felt unanimously that the legal question should be passed upon by the court.

The PRESIDENT pro tempore. Is there objection to the consideration of the bill?

There being no objection, the Senate proceeded to consider the bill, which was ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be ft enacted., etc., That the Court of Claims of the United States be, and hereby ls, given jurisdiction to hear and determine the claim. of the A. C. Messler Co., of Providence, R. I., notwith­Standing lapse of time or any statute of llmitations, and to award said company compensation for additional material furnished the Government under contract dated April 17, 1918. for the manu­facture and delivery of cartridge clips.

MACK COPPER CO.

The bill CS. 1878) conferring jurisdiction upon the Court of Claims to hear and determine the claim of the Mack Copper Co. was announced as next in order.

Mr. KING. Let that bill go over. The PRESIDENT pro tempore. Objection is made, and

the bill will go over. TERESA DE PREVOST

The bill <S. 1360) for the relief of Teresa de Prevost was · announced as next in order.

Mr. KING. Let that bill go over. The PRESIDENT pro tempore. Objection is heard, and

the bill will be passed over. UNION SHIPPING & TRADING CO., LTD.

The bill (S. 741) for the relief of the Union Shipping & Trading Co., Ltd., was announced as next in order.

Mr. KING. I should like to have an explanation of this measure. In the absence of explanation, I ask that it go over.

The PRESIDENT pro tempore. Objection is made, and . the bill will be passed over.

WD..LIAM J. COCKE

The Senate proceeded to consider the bill CS. 941) for the relief of William J. Cocke, which had been reported from the Committee on Claims with amendments, on page 1, line 6, after" $9,116.88 ", to insert the words "in full settlement of all claims against the Government", and on page 2, after line 1, to insert the following proviso:

Provided., That no pa.rt of the amount appropriated 1n this act 1n excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered 1n connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect. withhold, or receive any sum of the a.mount appropriated 1n this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon con­viction thereof shall be fined 1n any sum not exceeding $1,000.

So as to make the bill read: Be it enacted, etc., That the Secretary of the Treasury be, and he

ls hereby, authorized and directed to pay, out of a.ny money in the Treasury not otherwise appropriated, to William J. Cocke, of North Carolina, the sum of $9,116.88 1n full settlement of all claims against the Government for losses growing out of contracts with the War Department, one dated July 1, 1918, for the purchase of garbage :from Camp Green, situate at or near the city of Charlotte, M. c .. and the other dated September 3, 1918, fOl' Ca.mp Wadsworth.

"2616 CONGRESSIONAL RECORD-SENATE FEBRUARY 26 ·situate at or near the city of Spartanburg, S. C.: Provided, That no part of the amount appropriated in this act in excess of 10 per­cent thereof shall be pa.id .or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The amendments were agreed to.

stating that he should never have been admitted into the Army at any time. ·

Under all these circumstances, it seemed to us that the man had never been a deserter according to the records, and ought to have the charge of desertion removed from his name:

The PRESIDENT pro tempore. The question is on the engrossment and third reading of the bill.

The bill was ordered to be engrossed for a third reading, read the third time, and passed.

The bill was ordered to be engrossed for a third reading, ANNA s. CARRIGAN

read the third time, and passed. The bill <H. R. 3373) for the relief of Anna S. Carrigan JOHN w. BECK was considered, ordered to a third reading, read the third

The Senate proceeded to consider the bill (S. 457) for the time, and passed, as follows: relief of John W. Beck, which was read, as follows: Be it enacted, etc., That the Secretary of the Treasury be, and he

is hereby, authorized and directed to pay Anna S. Carrigan, Widow Be it enacted, etc., That the President of the United States be,

and he is hereby, authorized to summon John W. Beck, a first lieu­tenant, United States Army, retired, before a retiring board to inquire whether at the time of his retirement under section 24b, National Defense Act, as amended, he was incapacitated for active service, and whether such incapacity was a result of an incident of service; and if, as a result of such inquiry, it is found that he was so incapacitated, the President is authorized to nominate and appoint, by and with the advice and consent of the Senate, the said John W . Beck a first lieutenant, Regular Army, and place him immediately thereafter upon the retired list of the Army, with the same privileges and retired pay as are now or may hereafter be provided by law or regulation for officers of the Regular Army: Provided, That the said John W. Beck shall not be entitled to any back pay or allowances by the passage of this act. .

Mr. KING~ Let us have an explanation of the bill. Mr. SHEPPARD. Mr. President, the Committee on Mili­

tary Affairs, after studying this matter, reached the conclu­sion that the mental condition of this man might have had something to do with the shortcomings which led to his being placed in class B, and the committee feels that con­·sideration by a special board would be justified.

The PRESIDENT pro tempore. The question is on the engrossment and third reading of the bill.

The bill was ordered to be engrossed for a third reading, read the third time, and passed.

FRANK KROEGEL

The Senate proceeded to consider the bill CS. 51) for the relief of Frank Kroegel, alias Francis Kroegel, which was read, as follows:

Be it enacted, etc., That 1n the administration of any laws con­ferring rights, privileges, and benefits upon honorably discharged soldiers Frank Kroegel, alias Francis Kroegel, who was a member of Company M, Twelfth Regiment New York Volunteer Infantry, shall hereafter be held and considered to have been honorably dis­charged from the military service of the United States as a member of that organization on the 22d day of July 1898, and notwith­standing any provisions to the contrary in the act relating to pen­sions, approved April 26, 1898, as amended by the act of May 11, 1908: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this act.

Mr. KING. I should like to have an explanation of this bill.

Mr. LOGAN. Mr. President, Frank Kroegel was a soldier who enlisted, I believe, in 1898. He was then a boy 17 years old, a musician. He was in the Army at a concentration camp a few weeks, when one of his pals died of typhoid fever. This scared Kroegel considerably, so he thought he would go ·home and explain the matter to~ father. He did so, and his father took him to the nearest Army post and surren­dered him to the officer there, and the officer sent him to another. He apparently reenlisted, although he did not know that for many years afterward, but he did go back into the Army, and when he was marked a deserter, he was .really in the service in another regiment.

Mr. ROBINSON. What was the· age of the soldier at the time? . . Mr. LOGAN. Seventeen, and not very bright. After he

served in the new regiment a while, a board examined him, and they said that nearly everything was the matter with him, that he was totally blind, and that he should not have been received in the Army at all. Notwithstanding that, in 1917 or 1918, during the World War, he enlisted again. The

. doctors examined him at that time and twned him down.

of Clarence Carrigan, late American consul at Montevideo, Uru­guay, the sum of $7,000, being 1 year's salary of her deceased husband, who died of illness incurred while in the Consular Serv­ice; and there ls hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sufilcient sum to carry out the purposes of this act.

GERMAINE M. FINLEY

The bill (S. 1809) for the relief of Germaine M. Finley was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to Germaine M. Finley, widow of James G. Finley, late a Foreign Service officer of the United States at Havre, France, the sum of $2,750, being 1 year's salary of her deceased husband, who died while 1n the Foreign Service; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a suffi­cient sum to carry out the purpose of this act.

INTEREST PAYMENTS ON AMERICAN EMBASSY DRAFTS

The bill CS. 1896) -to provide for interest payments on American Embassy drafts was considered, ordered to be en­grossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the sum of $44,403.15 ls hereby author­ized to be appropriated for payment to the individuals and corpo­rations, or their attorneys in fact in the United States, listed in the report of December 10, 1931, of the Secretary of State to the Presi­dent, as set forth in Senate Document No. 18, Seventy-second Congress, first session, the amounts specified therein, representing interest at 4% percent on certain drafts drawn on the Secretary of State by the American Embassies in Russia and Turkey and transfers which the Embassy ln Turkey undertook to make by cable communications to the Secretary of State during the period from 1915 to 1920, payment of which was deferred, and amounting to a total sum of $44,403.15: Provided, That no payment hereunder shall be made by the Secretary of the Treasury, except at the direction o~ the Secretary of State: Provided further, That full authority is hereby vested in the Secretary of State to determine, in his discretion, whether payment in whole or in part should be made, withheld, or deferred.

SOPHIE DE SOTA

The bill <H. R. 330) for the reiief of Sophie de Sota was considered, ordered to a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay Sophie de Sota, widow of Hernando de Sota, late American consUl at Leipztg, Germany, the sum of $6,000, equal to 1 year's salary of her deceased husband, who died of illness incurred while iii the Consular Service; and there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, a sufficient sum to C8.!l'Y out the. purpose of this a:ct.

WILLIAM LYONS

The Senate proceeded to consider the bill <S. 1391) for the relief of William Lyons, which had been reported from the Committee on Claims with amendments, on page 1, line 7, after" $1,500 ",to strike out the words" being the amount" and to insert in lieu thereof the words " representing an amount, after deducting the expense caused to the Govern­ment", on line 12, after the word" convicted", to strike out the words " without cost to the Government '', so as to make the bill read:

Be it enacted, etc., That the Secretary o! the Treasury be, and he ts hereby, authorized and directed to pay, out of any money 1n the Treasury not otherwise appropriated, to William Lyons, in

1935 CONGRESSIONAL RECORD-SENATE 2617 full settlement of all claims against the Government of the United States, the sum of $1,500, representing an amount, after deduct­ing the expense caused to the Government, of a ball bond filed in the case of United States against Louis L. Ross, and sub­sequently forfeited when the said Ross failed to appear for trial, although he was later apprehended and convicted: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered 1n connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, co~lect, with­hold, or receive any sum of the amount appropriated m this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary notwith­standing. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined 1n any sum not exceeding $1,000.

The amendments were agreed to. The bill was ordered to be engrossed for a third reading,

read the third time, and passed.

ED SYMES AND OTHERS

The bill (S. 1012) for the relief of Ed Symes and wife, · Elizabeth Symes, and certain other citizens of the State of Texas was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That Ed Symes and wife, Elizabeth Symes; Wade Symes and wife, Pearl Symes~ Helen Symes Dodson and hus­band, D. s. Dodson; Howard Evans and wife, Mary Ann Evans; John L. Jones; and Leslie Stegall, all of McLennan County, Tex.; Mrs. Harry Loyd Lincoln, a widow who resides in the county of Carbon, Pa.; and Albert Symes Hunter, of Panama, Canal Zone, all being the sole heirs at law of Albert Symes and wife, Sally J. Symes, each deceased their heirs, legal representatives, executors, adminis­trators and ~igns, any statutes of limitation being waived, are hereby' authorized to enter suit in the United States District Court for the Western District of Texas for the Waco Division for the amount alleO'ed to be due said claimants from the United States by reason of th~ alleged neglect and alleged wrongdoing of the officials and engineers of the United States War Department 1n the location, erection, and construction of a lock and dam on the Brazos River in McLennan County, Tex., in the year 1919; that said lock and dam

' was so erected and constructed at such a point and in such a manner as to cause the river to overfiow and cut a new channel across said lands, the overfiow washing all of the soil off of said lands, thereby making it worthless for any purpose.

SEC. 2. Jurisdiction ts hereby conferred upon said Dnited .States District Court for the Western District of Texas to hear and deter­mine all such claims. The action in said court may be presented by a single petition making the United States party defendant, and shall set forth all the facts on which the claimants base their claims, and the petition may be verified by the agent or attorney of said claimant; official letters, reports, and public records, or certi­fied copies thereof, may be used as evidence; and said court shall have jurisdiction to hear and determine said suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shall be found due from the United States to the said claimants by reason of the alleged negligence and erroneous con-

. struction of said lock and dam, upon the same principles and under the same measures of liability as in like cases between pri­vate parties, and the Governm.ent hereby waives its immunity from suit. And said claimants and the United States of America. shall have all rights of appeal or writ of error or other remedy as in similar cases between private persons or corporations: Provided, That such notice of the suit shall be given to the Attorney General or the United States attorney in such district, or other representa­tives of the Department of Justice, to appear and defend for the United States: Provi.ded further, That such suit shall - be begun within 12 months of the date of the approval of this act.

Mr. KING. Mr. President, with reference to the bill we have just passed, may I inquire of the Senator from Texas whether the Government, before it constructed the dam, did not make investigations, and have the ~sent of riparian owners to the construction of the dam?

Mr. SHEPPARD. Mr. President, it is claimed that this was not fully done in this particular case. We merely want the point worked out in the court.

Mr. KING. I cannot conceive that the Government would undertake the construction of a dam which might possibly occasion damage to riparian owners without having some understanding.

Mr. SHEPPARD. In this particular case it was not only a matter of construction, but of the dismantling of a struc­ture by the Government, which occasioned damage for which it is claimed the Government should now pay. We should just like to have the point worked out by the court.

Mr. KING. What year was it?

Mr. SHEPPARD. The structure was completed about 1910, and dismantling began about 1917.

Mr. CONNALLY. Mr. President, will the Senator yield to me?

Mr. KING. I yield to the Senator from Texas. Mr. CONNALLY. I happen to know something about this

matter. This improvement is in the immediate vicinity of my home. This was a lock and dam on the Brazos River, which the Government erected in the course of the improve­ment of that stream. Later on the Government discontinued the dam; and in the meantime the lock and dam operated to raise the channel of the river, and blocked up the natural flow, and the river detoured and went through the lands of the claimants and caused considerable destruction. This was something not foreseen by them, and they had no way of preventing it, because the Government, by its action in building the dam and dismantling the ~ as suggested by the senior Senator from Texas, provoked this damage; and the claimants are absolutely not at fault in any way what­ever. They could not prevent the action that was taken.

Mr. SHEPPARD. All we ask, Mr. President, is that these claims be submitted to judicial examination.

Mr. KING. Mr. President, this claim is hoary with age, and it seems to me the damages are so remote that it would be very unfair to the Government to refer the matter to a court.

Mr. CONNALLY. Mr. President. will the Senator yield further?

Mr. KING. I yield. Mr. CONNALLY. This claim is not as old as would seem

to appear from the question of the Senator from Utah. because the damage did not occur immediately when the dam was built. It occurred over a period of years as the result of what the dam had done by filling up the stream through the accumulation of silt, so the damage is com­paratively recent. It did not occur as far back as the senior Senator from Texas indicated anyway.

Mr. SHEPPARD. The construction of the dam was com-pleted in 1910, and the damage continued for years.

Mr. CONNALLY. The dam was closed in 1915 or 1916. Mr. SHEPPARD. Dismantling began about 1917. Mr. CONNALLY. It was several years afterward that the

damage occurred. Mr. KING. If it is possible before we adjourn, I shall

enter a motion to reconsider for the purpose of making an investigation to consider the consequences of an act of this kind. It _seems to me the Government places itself in jeopardy whenever it builds a dam, for if years and years afterward the river should make a detour, as stated in this case, the result might be to leave the dam high and dry, or it might be affected in a number of ways, and the Gov­ernment would be liable. Therefore, the Government must be very careful in the construction of dams.

The PRESIDENT pro tempore. The Senator does not object to the passage of the bill?

Mr. KING. It was passed, and I shall ask for reconsid­eration.

EDITH N. LINDQUIST

The Senate proceeded to consider the bill (S. 905) for the relief of Edith N. Lindquist, which had been reported from the Committee on Claims with an amendment, to add a proviso at the end of the bill, so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money 1n the Treasury not otherwise appropriated, to Edith N. Lindquist, chief nurse, United States Navy, the sum of $600 1n full satisfaction of her claim against the United States for reimbursement for the loss of certain clothing and other personal effects during the earth­quake and fire at Yokohama, Japan, on September l, 1923: Pro­vided., That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim. It shall be unlawful for any agent or a.gents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropri­ated in this act 1n excess of 10 percent thereof on account of services rendered in connection with said, claim, any contract to

2618 CONGRESSIONAL .RECORD-SENATE FEBRUARY 26 the contrary notwithstanding. Any person violating the provi­sions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The amendment was agreed to. The bill was ordered to be· engrossed for a third reading,

read the third time, and passed. · C. B. DICKINSON

The bill CS. 1694) for the relief of C. B. Dickinson was announced as next in order.

Mr. ROBINSON. Mr. President, it appears that this claim was disallowed by the General Accounting Office and that the sum is now outstanding and being demanded from the Maryland Casualty Co. of Baltimore, surety on the bond of the claimant. The Department of the Interior states that--

Although the claimant was aware, or should have been, o! the law contrary to the action t.aken by him, the Government actually received the benefits of these expenditures, and no objection will be interposed by the Department.

The facts, as it appears from another paragraph in the report, are that the superintendent of certain Indian scho.ols diverted funds appropriated for the construction of a new building to the completion of repairs on other buildings.

Mr. President, I think it is dangerous to permit such action. It leaves to subordinate officers, in such manner as their judgment approves, the privilege of making use of funds the use of which has been expressly limited by Congress. I doubt whether at this time the Senate should pass this bill. Un­less some Senator is prepared to move that it be proceeded with, I ask that it go over.

The PRESIDENT pro tempore. The bill will be passed over.

BILL PASSED OVER

The bill <S. 285) to reimburse the estate of Mary Agnes Roden was announced as next in order.

Mr. KING. Let that go over. I desire to look into it. The PRESIDENT pro tempore. The bill will be passed

over. Mr. BULKLEY. Mr. President, what di.Sposition was made

of the bill? The PRESIDENT pro tempore. Objection to its consid­

eration was made by the Senator from Utah [Mr. KING].

Mr. BULKLEY. subsequently said: Mr. President, I ask unanimous consent to recur to Senate bill 285, to reim­burse the estate of Mary Agnes Roden. I understand tha-t the Senator from Utah [Mr. KING] does not insist on hrs objection.

The PRESIDENT pro tempore. Is there objection to the consideration of the bill?

There being no objection, tlie Senate proceeded to con­sider the bill, which had been reported from the · Committee on Claims with amendments, on page 1, line 5, after the words "sum of", to strike out "$5,515.48" and insert "$5,000 "; and at the end of the bill to add-a proviso, so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to Sophie T. Walsh, administratrix of the estate of her deceased sis­ter, Mary Agnes Roden, in full settlement of all claims against the Government of the United States for injuries received by said Mary Agnes Roden on December · 11, 1926, when a United States mall truck collided with her at Lexington Avenue and Thirty­fourth Street, New York City: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of ~ervice rendered in connec­tion with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act sha.11 be deemed guilty of a misdemeanor and upon conviction thereof sha.11 be fined in any sum not exceeding $1,000.

The amendments were agreed to. The bill was ordered to be engrossed for a. third reading,

read the third time, and passed~

RELIEF OF DISBURSING OFFICERS OF THE ARMY

The Senate proceeded to consider the bill <S. 557) for the relief of certain disbursing officers of the Army of the United States and for the settlement of individual claims approved by the War Department.

Mr. KING. Mr .. President, I should like to inquire whether the evidence before the committee showed any neg­ligence on the part of any of these officers.

Mr. CAPPER. No, Mr. President. The bill was drafted by the War Department and sent to the Congress for pas­sage. The War Department has gone into the question thoroughly. There are a great many miscellaneous claims which should be taken up, and which cannot be paid in any other way. · .

The PRESIDENT pro· tempore . . Is there objection to the present consideration of the bill?

There being no objection, the bill was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Comptroller General of the United states be, and he is hereby, authorized and directed to credit in the accounts of the following disbursing otncers of the Army of the United States the amounts set opposite their respecti\'e names: F. J. Baker, major, Finance Department, $21.35; Roy_ W. Camblin, first lieutenant, Air Corps, $19.41; E. Dworak, major, Finance Department (now retired), $15; C. A. Prank, first lieu­tenant, Infantry, Finance Department, $16.41; P. G. Hoyt, major, Finance Department (now deceased), $94.54; William T. Johnson, first lieutenant, Finance Department, $12.35; J. H. 0&1;erman, cap­tain, Quartermaster Corps, $17.60; A. J. Tagliabue, first Ueutenant, Finance Department, $35.07; and George N. Watson, major, Fi­nance Department (now retired), $29.25, said amounts being pub­lic funds for which they are accountable and which represent amounts due to minor 4frrors in computation of pay and allow­ances due m111tary personnel, who are no longer in the service of the United States, and which amounts have been disallowed by the Comptroller General. of the United States.

SEc. 2. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit the accounts of F. J. Baker, major, Finance Department, $149.31, of which amount $105.57 represents payments made to three former officers of the National Guard; $37.80 representing payments made to two former Reserve Otncers' Training Corps students of the University of Florida and for which efforts to collect from the individual payees for the overpayments have been unsuccessful; and $5.94 paid to an officer of the A:rmy for Pullman accommodations used by him on a change of station under proper orders, but for which the cash receipt necessary to support the voucher covering pay­ment was lost, all of which amounts were d1sallowed by the Comp­troller General of the United States in the accounts of Major Baker.

SEc. 3. That the Comptroller General of the United State be, and he is hereby, authorized and directed to credit in the accounts of Roy W. Camblln, first lieutenant, Air Corps (formerly disbursing offi.cer, Ellington Field, Tex.}, the amount of $27.46, said amount being public funds· for which he is accountable and which repre­sents amounts due · to errors in computing ration savings due organizations of the Army which have since disbanded.

SEC. 4. That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Roy W. Camblin, first lieutenant, Air Corps, $107.36, representing an amount erroneously stopped against his pay by the Secretary of War for disallowance appearing in his accounts a.s disbursing otncer at Ellington Field, Tex., in 1921 a.nd 1922, and which disallowances had been cleared by the Comptroller General of the United States under authority of law prior to the collection of the stoppage. ·

SEC. 5. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit the accounts of F. A. Englehart, major, Ordnance Department, $44.87, public funds for which he is accountable and which represent the proceeds due the United States from a cashier's check ·for $70 drawn on March 30, 1925, on the First National Bank, Conyers, Ga., which bank failed between date of receiving check by the Government, April 2, 1925, and date of its presentation for payment, April 17, 1925, $44.87 being the balance outstanding after the a1fairs of the above-men­tioned bank had been liquidated.

SEC. 6. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit -in the account3 of John B. Harper, major, Finance Department, the sum of $80.64, publlc funds for which he ls accountable and which were paid by · him to Joseph F. Battley, first ' lieutenant, Chemical Warfare Serv­ice, for mileage performed under War Department orders and which amount was disallowed by the Comptroller General of the. United States: Provided, That the amount so paid sha.11 not be charged against any moneys otherwise due payee.

SEC. 7. That the Comptroller General of the United States be, and he is hereby, a•thorized and directed to credit in the accounts of C. Newton, Jr., major, Finance Department, the sum of $100, said amount being public funds for which he is accountable and which represents a payment made to William A. Weaver for services tn

1935 CONGRESSIONAL RECORD-SENATE" 2619~ .. testifying as an expert witness at a general court martial of an officer, which amount has been disallowed by the Comptroller Gen-eral of the United States. -

SEc. 8. That the Comptroller General of the United States · be, and he is hereby, authorized and directed to credit in the accounts of K. W. Slauson, captain, Quartermaster Corps, the sum of $22.26, public funds for which he is accountable and which were paid to George L. Dewey, first lieutenant, Infantry, for traveling expenses and disallowed by the Comptroller General of the United States.

SEc. 9. That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to George L. Dewey, first lieutenant, United States Army, the sum of $160.49, being the amount prop­erly due him for traveling expenses, voucher for which was ap­proved for payment by the Gener~! Accounting Office but used as an offset against the disallowances in the accounts of Capt. K. W. Slauson, Quartermaster Corps, for a previous p~yment made Lieu­tenant Dewey for travel allowance while on duty as a language student in France: Provided, That no charge shall be raised in the accounts of K. W. Slauson, captain, Quartermaster Corps, and E. J. Heller, captain, Quartermaster Corps; on account or this payment. . '

SEC. 10. That the Comptroller General of the United States be, and he is hereby, authorized and directed to credit in the accounts of George N. Watson, major, Finance Department, ·the sum of 53 · cents, public 'funds for which he is accountable and which were paid to the Western Union Telegraph Co. for tra.nsmission of an official message· and which a.mount was disallowed by the Comp­troller ' General of the United States on the grounds that such message coul,d have been sent by naval radio service at reduced cost. · ·

SEc. 11. Any amounts which otherwise may have been due any of the disbursing officers mentioned herein, or, in the case of deceased officers, may have- been due their heirs, . for any .Qther purpose, and which amounts or any part thereof have been used as a set-off by the Comptroller General to_ clear disallowances in said om.cers' accounts mentioned herein, shall be refunded to such disbursing officer or their heirs: Provided, That any amounts refunded by any of said disbursing om.cers, or their heirs, to the United States on account of said disallowances, shall also be refunded to ·such disbursing officers or their heirs: Provided further, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or re­ceived by any agent or agents, attqrney or attorneys, on account of services rendered in connection with said claim. It shall be un­lawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the con­trary notwithstanding. Any person violating the provisions of this act shall be d~med gull~y of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

RELIEF OF DISBURSING OFFICERS OF THE ARMY

The bill CS. 558) for the relief of certain disbursing officers of the Army of the United States for the settlement of an individual claim approved by the War Department was con­sidered, ordered to be engrossed for a third reading, read the third time, and passed, as ~allows:

Be it ~cted, ~tc., That th~ Comptroller General of the United States be, . and he is hereby, authorized and directed to credit in the accounts of the following disbursing officers of the Army of the United States the amounts set opposite their names: Maj. w. D. Dabney, Finance Department, $106.15; Capt. Francis Egan, Quarter­master Corps, $59.62; Maj. Charles F. Eddy, Finance Department, $68.80; _said amounts being public funds for which they are ae­countable and which.comprise minor. errors in the computation of pay and allowances due former personnel of the military sel"Vice· and of the National Guard, and which amounts have been dis­allowed by the·Comptroller General of the United States.

SEC. 2. That the Comptroller General of. the United States be, and he is hereby, authorized and directed to credit in the accounts ot Maj. Carl Halla, Finance Department,_ th,e sum of $3,083.21, said amount being pulilic funds for which he is accountable and which· h~ paid to Lt. ·Col. Samuel T. Talbott, United States Army, in settlement of a claim approved for household goods lost ,while in· storage at Plattsburg Barracks,_ N. Y., which claim. had been ap­proved by the Secretary of War as required by the act of March 4, 1921 (41 .Stat. 1436), and -which . payment was later disallowed by -the Comptroller General of the United -States.

SEC. 3. That the Secretary of the Treasury be, and he is hereby authorized and directed to pay to Col. Charles A. Romeyn, Cavalry: United States Army, the sum of $24, out of any money in· the Treasury not otherwise appropriated, to reim'burse him for a . like amount paid o'Qt PY him to the _Springfield Hospital, Springfield, Vt., for hospitalization of Reserve omcers' Training Corps student, Bertram C. Goodell.

. Mr. SHEPPARD. Mr. President, there are several bills of the same nature as the one just passed which are regular routine bills.

which had been· reported froni the Committee on Claims with~ an amendment, to add a proviso at the end of the bill, so as to make the bill read:

Be it enacted, etc., That the Comptroller General of the United States be, and he is hereby, authorized and directed to adjust and settle the following claims and certify the same to Congress:

(a) R. D. Jacques in the amount of $3,332.15 for damage to his furniture, clothing, and effects, and $6,862.50 for damage to his house; Rudolph J. Gasser, $2,841.51 for damage to his household goods, wares, merchandise, and personal belongings, these three claims being the result of an airplane accident at Chicago, Ill., on April 30, 1932, when an Army airplane piloted by Second Lt. Charles A. Fargo, Air _ Corps Reserve, on an authorized flight, crashed into the house of Mr. Jacques, killing the pilot and his passenger and setting fire to the building in which the claimants were then living.

(b) Catalina Portugal de Marino, for damages in the amount of $1,000 due to the death of her husband, Ramon Marino, who~ was killed by the propeller of an Army airplane while assisting in releasing the plane from the mire at Legaspi, Philippine Islands, on January 10, 1932.

(c) W. H. Williamson, Paulsboro, N. J., for damages in the' amount of $20.69 to bread and pastries due to sand and water ' from the body of a soldier drowned in the Delaware River at Penns Grove, N. J., on .JulY-. 1, 1931, whi.ch was transported in claimant'.s wagon at the request of an Army sergeant, as an emergency meas­ure, · to the nearest medical aid in an effort to save life.

(d) Corp. Joseph R. Burdett, $30, and Pvt. (1st cl.) ·J. S. Boehn. $50, for loss of shotguns, private property of the claimants, which were stolen from -a storeroom-of the-Quarteriliaster Detach­ment where they had been impounded as the result of an order issued by the post commander, Fort McKinley, Philippine Islands.

( e) Pittsburgh Steamship Co., Cleveland, Ohio, in the amount_ of $3,368.61 for damages on account of the collision of its steamer B. F. Affl,eck .with the Government dredge General G. G. Meade, in the St. Marys River near Rains Island on August 29, 1932: Pro­vided, That no part of the amount appropriated in this act in ex­cess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of serv­ices rendered in conhection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary not- , withstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The amendment was agreed to. The bill was ordered to be engrossed for a third reading.

read the third time, and passed. · MRS. CHARLES L. REED

The Senate proceeded to consider the bill CS. 1621) for the relief of Mrs. Charles L. Reed, which had been reported from the Committee on Claims with an amendment, on page 1, line 6, after the words "sum of", to strike out " $15,000 " and insert " $4,000 ", and to add a proviso at the end of the bill, so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury be, and he ls hereby, authorized and directed to pay, out of any money in the Treasury not .otherwise appropriated, to Mrs. _Charles L. Reed, ·of Huntington, W. Va., the sum of $4,000 in full satisfac­tion of her claim against the United States for injuries suffered_ when struck by a United States mail truck at Huntington, W. Va., on October 16, 1929: Provided, That no part of the amount app~o­priated in this act in excess of 10 percent thereof -shall be paid or delivered to or received by any agent or agents, attorney or : attorneys, on account of services rendered in connection with said claim. . It shall be unlawful for any agent or agents, attorney . or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act ~ excess of 10 percent thereof on account of services rendered.. in connection with said claim, any contract to the contrary notwithstanding. Any person violat­ing the provisions Qf this ~ct shall be .deemed guilty of a misde­meanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The amendments were agreed to. The bill was ordered to be engrossed for a third reading. -

read the third time, and passed. - J

FAIRMONT CREAMERY, OMAHA, . ~EBR. .

The bill CS. 1008) for tlie relief of the Fairmont Creamery,' of Omaha, Nebr., was considered, ordered to be engrossed· for a third reading, read the third time, and passed, as. follows:

SETTLEMENT OF CERTAIN MISCELLANEOUS CLAIMS Be it enacted, etc., That the Commissioner of Internal Revenue The Senate proceeded to consider the bill (S. 559) to au- be, and he ls hereby, authorized and directed to receive, consider,

thorize settlement,-allowance, and payment 0- f. C-ertain-cl.,-;.,.,.;.;, and determine, in accordance with law, but. without regard to

~ •any statute of limitations, any claim filed not later than 6 mon~ LXXIX--166

%620 CONGRESSIONAL RECORD-SENATE .FEBRUARY 26 after the passage of this Mt by the Fairmont Creamery Co., C?maha, Nebr., for the refund of Federal income and profits taxes collected from the !iaid Fairmont creamery Co. for 1918 in excess of the amount properly due: Provided, That in the settlement of sa.id claim there shall be no allowance of interest.

ELIZABETH B. EDDY

The Senate proceeded to consider the bill CS. 1136) to carry into effect the finding of the Court of Claims in the claim of Elizabeth B. Eddy, which had been reported from the Committee on Claims with an amendment, to add a proviso at the end of the bill, so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the legal repre­sentative of the estate of Elizabeth B. Eddy, widow of Charles G. Eddy, of New York, N. Y., the sum of $602.92, and the said sum is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the purposes of this act: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services ren­dered in connection with said claim. It shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, with­hold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered in connection with said claim, any contract to the contrary not­withstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor a.nd upon conviction thereof shall be fined in any sum not exceeding $1,000.

The amendment was agreed to. The bill was ordered to be engrossed for a third reading,

read the third time, and passed. INTERNATIONAL MERCANTILE MARINE CO.

The Senate proceeded to consider the bill (S. 788) for the relief of the International Mercantile Marine Co., which had been reported from the Committee on Claims with an amend­ment to add a proviso at the end of the bill, so as to make the bill read:

B·e it enacted, etc., That the Secretary of the Treasury be, and he 1s hereby, auth_artzed and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $2,400 to the International Mei:cantile Marine Co., to reimburse said company for penalties which were assessed and collected but not actually in­curred under the immigration laws of the United States, and so found by the Circuit Court of Appeals for the Second Circuit on July 7, 1931 (51 Fed. (2d) 1053), the failure of said company to file suit within the statutory period of limitations for the recovery of said sum being hereby waived: Provided, That no part of the a.mount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with mid claim. It shall be unlawful for any agent or agents, at­torney or attorneys, to exact, collect, withhold, or reeeive any sum of the -amount appropriated in this act in excess of 10 percent thereof on account of servic~ rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this ·act shall be deemed guilty of a mis­demeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000

Mr. KING. Mr. President, I will ask the Senator from New York [Mr. COPELAND] to explain this measure. .

Mr. COPELAND. Mr. President, the Senator will observe from the repe>rt that the Committee on Claims has favorably reported a bill identical with one which it reported last year, and whicfi passed the Senate at the last session. The pur­pose of the bill is to reimburse the International Mercantile Marine Co. for penalties which were assessed and collected but not actually incurred under the immigration laws of the United states. . The Senatar will see, at the bottom of page 2 of the report,

that the Assistant Attorney General says: I see no-objection to this bill on the merits. Whether the 6-year

limitation of the Tucker Act should be waived is a question for the determination of Congr.ess. ·

The biU seems to be meritorious, and I hope it may pass. Mr. KING. Mr. President, as I understand, the Interna­

tional Mercantile Marine Co. brought into the United States in violation of law, or in violation of some of the regula­tions, a nwnber of aliens, and by reason of these alleged and perhaps actual violations upon the part of the com­pany penalties prescribed by law were assessed against the company.

Mr. COPELAND. That is true.

Mr. KING. And the company now seeks to escape the lia­bility which legally attaches to it for its infraction of the law. Is that just?

Mr. COPELAND. The fines were imposed and paid more than 6 years before the commencement of the suit; and then it was found by a judgment of the Circuit Court of Ap­peals that there should be a modification so as to exclude the fines that had been imposed and paid 6 years before the suit was brought. It seems to me it is perfectly reason­able that the court should hold that the recovery of such fines was barred when the statute of limitation applied. .

Mr. KING. Mr. President, this matter is fraught with some .complexities. I shall not interpose an objection, but upon examining the report I may move to reconsider.

The PRESIDENT pro tempore. The question is on agree-ing to the amendment of the committee. .

The amendment was agreed to. The bill was ordered to be engrossed for a third reading

read the third time, and passed. ' COMPAGNIE GENERALE TRANSATLANTIQUE

The Senate proceeded to consider the bill (S. 790) for the relief of the Compagnie Generale Transatlantique, which had been reported from the Committee on Claims with an amend­ment, to add a proviso at the end of the bill, so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to the Compagnie Generale Transatlantique, to reimburse said company for penalties which were assessed and collected but not actually incurred under the immigration laws of the United States, and so found by the Circuit Court of Appeals for the Second Circuit on July 7, 1931 (51 Fed. (2d) 1053), the failure of said company to file suit wit hin the statutory period of limitation for the recovery of said sum being hereby waved: Provided, That no part of the· amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connec­tion with said claim. It shall be ·unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum of the amount appropriated in this act in excess of 10 percent thereof on account of services rendered. in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a. mis­demeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

Mr. COPELAND. Mr. President, this bill is similar in character to the one just passed.

The PRESIDENT pro tempore. The question is on agree­ing to the amendment of the committee.

The amendment was agreed to. The bill was ordered to be engrossed for a third reading,

read the third time, and passed. BILL PASSED OVER

The bill <S. 574) relative to Members of Congress acting as attorneys in matters where the United States has an interest, was announced as next in order.

Mr. COSTIGAN. Mr. President, this bill is one with which I am in accord, but I have doubt as to whether it is sum. ciently comprehensive in its terms. I suggest that an oppor­tunity be afforded me to confer with the author of the bill; and I request that it go over.

Mr. BORAH. Mr. President, the Senator from Colorado spoke to me about a possible amendment which he might desire to offer to the bill; and as we have not had time to consider the amendment, I do not object to the bill's going over.

The PRESIDENT pro tempore. The bill will be passed over.

HAROLD S. SHEPARDSON

The bill <S. 652) for the relief of Harold S. Shepardson. was announced as next in order.

Mr. KING. Mr. President, I should like an explanation of this bill.

Mr. SHEPPARD. Mr. President, this man bad a total military service of 5 years 11 months and 22 days, covering two enlistment periods. The record shows he served the full a·-year period for the first enlistment, receiving an hon-

1935 CONGRESSIONAE RECORD-SENATE 2621 orable discharge, reenlisted May 5, 1902, and served all but 8 days of the second 3-year enlistment period. ms mother had died during his second enlistment. Hearing that her estate was in danger of immediate dissipation, and, feeling that his presence was immediately required, he left the service just 8 days before the expiration of his second 3-year enlistment. The committee feels that the circumstances justify the action recommended.

The PRESIDENT pro tempore. Is there objection to the present consideration of the bill?

There being no objection, the bill was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That in the administration of any laws con­ferring rights, privileges, and benefits upon honorably discharged soldiers Harold S. Shepardson, late of Company A, Fourteenth Regiment United States Infantry, shall hereafter be held and considered to have been honorably discharged April 28, 1905, from the military service of the United States: Provided, That no bounty, back pay, pension, or allowances shall be held to have accrued prior to the passage of this act.

CONVEYANCE OF LANDS TO UNIVERSITY OF OREGON The bill <S. 978) authorizing the Secretary of War to con­

vey to the University of Oregon, certain lands, forming a part of the Coos Head River and Harbor Reservation, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted., etc., That the Secretary of War is authorized and directed to convey by quitclaim deed to the University of Oregon, State of Oregon, subject to the conditions hereinafter specified, the following-described part of the Coos Head River and Harbor Reservation situated on the south shore of the entrance to Coos Bay in Coos County, Oreg.: All of lot 3, section 2, township 26 south, range 14 west, Willamette meridian, except the west 750 feet of said lot heretofore conveyed to the University of Oregon: Provided, That such conveyance shall not be made until the Civilian Conservation Corps has relinquished the use and occu­pancy of said land.

SEc. 2. The lands herein authorized to be conveyed shall be used by the University of Oregon solely for scientific and· educa­tional purposes subject, however, to the right of the United States, in case of war or other emergency, to assume control of, held, use, and occupy said lands or any part thereof for any and all military, naval, or other governmental purposes, and subject at all times to the rights of the United States stated in section 3 hereof. The deed executed by the Secretary of War under the provisions of section 1 of this act shall contain the express condition that if the University of Oregon shall at any time attempt to alienate said lands that same shall revert to the United States.

SEC. 3. The lands herein authorized to be conveyed to the Uni­versity of Oregon shall at all times be subject to the right of the United States to occupy and use such part thereof as are now or may hereafter be needed fer jetty site or sites, for rights-of-way for tramways to such jetty site or sites, and for ingress and egress by persons engaged in river and harbor work; and the United States shall at all times have prior right to three-fourths of the natural flow of streams draining lots 2 and 3.

BILLS PASSED OVER The bill (S. 236) for the relief of the heirs of Burton

Stearns Adams, deceased, was announced as next in order. Mr. KING. Mr. President, I will ask that that bill go

over. I may say that the Senator from Kentucky [Mr. LoGANJ hn.s been compelled, on account of official business, to absent himself from the Chamber for some time, and, at his suggestion, as well as because of my own desire, I also ask that Orders of Business 217, 218, 219, 220, 221, 222, 223, and 224, being, respectively, the bills S. 236, S. 743, S. 279, S. 535, S. 537, S. 998, S. 1472, S. 428, and S. 937 be passed over.

Mr. COPELAND. May I ask the Senator if he will permit me, before he makes the request, to say a word about Order of Business 224, being the bill (S. 937) for the relief of the J.M. Dooley Fireproof Warehouse Corporation, of Brooklyn, N. Y.?

Mr. KING. In view of the fact that we will approach the consideration of the bill again within a day or two, and that the Senator from Kentucky ought to be here when it is con­sidered, I think I shall have to insist on the objection.

Mr. COPELAND. Order of Business 224, being Senate bill 937, may I say to the Senator, was not reported by the Sen­ator from Kentucky but was reported by the Senator from Vermont [Mr. GrnsoN].

. Mr. KING. I understand that; but the Senator from Ken­tucky has had to do with it in one way or another, as well as with the other bills to which I have referred.

Mr. COPELAND. Very well. Mr. MURPHY. Mr. President, I was interested in Order

of Business 219, being Senate bill 535, for the relief of Wil­liam Cornwell and others.

Mr. KING. In view of the suggestion made by the Sen­ator from Kentucky, I ask that all the bills to which I have referred go over; and I will do it on my own responsibility, for that matter.

The PRESIDENT pro tempore. The bills indicated by the Sena tor from Utah will be passed over.

NATURALIZATION OF RAKHA SINGH GHERWAL The Senate proceeded to consider the bill (S. 447) con­

ferring jurisdiction on the United States District Court for the District of Oregon to hear, determine, and render judg­ment upon the suit in equity of Rak.ha Singh Gherwal against the United States.

Mr. KING. Mr. President, I should like an explanation of that measure. I invite to it the attention of the able Sen­ator from Oregon [Mr. McNARY]. It proposes to confer jurisdiction on the District Court for the District of Oregon in an equity proceeding.

Mr. McNARY. Mr. President, I think the title of the bill . indicates clearly its general purpose. Inasmuch, however, as it has been reported by the Senator from New Mexico [Mr. HATCH], I should pref er that he make explanation.

Mr. HATCH. As I understand the case, judgment was rendered by default by the District Court of Oregon in 1924 canceling a certificate of naturalization. This bill merely confers jurisdiction on the same court to entertain a bill in equity to set aside the previous judgment canceling the cer­tificate of naturalization. It gives the man a day in court and a chance to be heard.

The PRESIDENT pro tempdre. Is there objection to the consideration of the bill?

There being no objection, the bill was ordered to be en­grossed for a third reading, read the third time, and passed, as follows:

Be it enacted., etc., That jurisdiction is hereby conferred upon the United States District Court for the District of Oregon to hear, determine, and render judgment upon any suit in equity brought by Rakha Singh Gherwal against the United 'states for the purpose of setting aside the ·default decree of such court rendered November 21, 1924, canceling the certificate of naturali­zation no. 1649806 of Euch Rakha Singh Gherwal.

SEC. 2. Such suit tn equity may be instituted at any time within 6 months after the enactment of this act, notwithstand­ing the lapse of time or any statute of limitation. Proceedings for the determination of any such suit shall be had, and appeals from any judgment or decree entered therein shall be taken, in the same manner as in the case of suits in equity over which such court has jurisdiction under paragraph (1) of section 24 of the Judicial Code, as amended.

The PRESIDENT pro tempore. That completes the calendar.

EXECUTIVE SESSION Mr. ROBINSON. I move that the Senate proceed to the

consideration of executive business. The motion was agreed to, and the Senate proceeded to

tlle consideration of executive business. EXECUTIVE REPORTS OF THE COMMITTEE ON NAVAL AFFAIRS

Mr. TRAMMELL, from the Committee on Naval Affairs, reported favorably the nominations of sundry officers in the NavY and in the Marine Corps; which were ordered to be placed on the Executive Calendar.

The PRESIDENT pro tempore. If there be no further reports of committees, the calendar is in order.

IN THE MARINE CORPS

The Chief Clerk read the nomination of Richard P. Wil-liams to be brigadier general in the Marine Corps.

Mr. KING. Over. Mr. McNARY. Mr. President-Mr. ROBINSON. I understand, Mr. President, that some

conferences are in progress about the nomination of Gen­eral Williams and also that of General Russell. I do not

2622 CONGRESSIONAL .REC-ORD-·- HOUSE ;FEBRUARY 2Q wish to defay. them; I myself should like to see them dis­posed of, but, if there is no objection on tbe part of the Sena­tor from Oregon [Mr. McNARY], I suggest that they go over until the conferences shall have been concluded·. _

Mr. McNARY. Are the conferences now being held? · Mr. ROBINSON. I understand they are. -

Mr. McNARY. And it is understood, then, that these nominations will be continued no later than at the next executive session?

Mr. ROBINSON. I would agree to that suggestion, but I am not in the position at this time to say that that can be done.

Mr. McNARY. I am not asking for such an agreement, but am expressing the hope that the nominations will be considered at that time.

Mr. ROBINSON. I concur in the Senator's hope. The PRESIDENT pro tempore. The nominations of Gen­

eral Williams and General Russell will be passed· over. THE JUDICIARY

The Chief Clerk read the nomination of Bunk Gardner to be United States attorney, western district of Kentucky.

The PRESIDENT pro tempore. Without objection, the nomination is confirmed.

The Chief Clerk read the nomination of John J. Farrell to be United States marshal, district of Minnesota.

The PRESIDENT pro tempore. Without objection, the nomination is confirmed.

POSTMASTER

The Chief Clerk read the nomination of Edward H. Good­win to be postmaster at Plainfield, N. J.

The PRESIDENT pro tempore. Without objection, the nomination is confirmed.

That completes the Executive Calendar. ADJOURNMENT TO THURSDAY

Mr. ROBINSON. As in l~gislative session, I move that the Senate adjourn until 12 o'clock noon on Thursday next.

The motion was agreed to; and <at 1 o'clock and 5 minutes p. m.) the Senate, in legislative session, adjourned until Thursday, February 28, 1935, at 12 o'clock meridian.

CONFIRMATIONS Executive nominations confirmed by the Senate February

26, 1935 UNITED STATES ATTORNEY

Bunk Gardner to be United States attorney, western dis­trict of Kentucky.

UNITED STATES MARSHAL

John J. Farrell to be United States marshal, district of Minnesotai.

POSTMASTER

NEW JERSEY

Edward H. Goodwin, Plainfield.

HOUSE OF REPRESENTATIVES TUESDAY, FEBRUARY 26, 1935

The House met at 12 o'clock noon. The Chaplain, Rev. James Shera Montgomery, D. D.,

o:ff ered the fallowing prayer: Again, our Heavenly Father, we realize Thy infinite good­

ness and the assurance of our safety in an ordered world. They testify to the inspiration that saves and to Thy grace and everlasting righteousness. Often joy is touched with pain and disappointment falls upon the brightest hour, yet we rejoice that there is a good God, who wonders not amid the wrecks of a forsaken world. Gracious Lord, bestow Thy blessing upon us and persuade us that happy is the one who, in calmer moods and with wider vision, has abounding faith in the All-Father. Do Thou give zest to the spirit of devo­tion to our country. Bring us into the realization that only the workers know the sweetness of calm and rest. Through Jesus Christ our Lord. Amen.

The 'Jotimal of the proceedings of yesterday was read and approved.

MESSAGE FROM THE SENATE

A message from the Senate by Mr. Horne, its e~lling clerk, announced that the Senate had passed without amend .. ment bills of the House of the following titles:

H. R. 529. An act granting compensation to George S. Con .. way, Jr.;

H. R. 3982. An act to extend the times for commencing and completing the construction of a bridge across the Ohio River between Rockport, Ind., and Owensboro, Ky.; and

H. R. 5701. An act granting the consent of Congress to the State of Indiana to construct, maintain, and operate a free highway bridge across the Wabash River at or near La Fayette, Ind.

The message also announced that the Senate had passed with amendments, in which the concurrence of the House is requested, a bill and joint resolutions of the House of the fallowing titles:

H. R. 5255. An act making appropriations for the Depart .. ments of State and Justice, and for the judiciary, and for the Departments of Commerce and Labor, for the fiscal year end .. ing June 30, 1936, and for other purposes;

H.J. Res. 94. Joint resolution providing for the participa .. tion of the United States in the California Pacific Interna­tional Exposition to be held at San Diego, Calif., in 1935 and 1936; authorizing an appropriation therefor; and for otl'ier purposes; and

H.J. Res.140. Joint resolution to provide for the comple­tion of the publication of the writings of George Washington.

The message also announced that the Senate had passed bills and a joint resolution of the following titles, in which the concurrence of the House is requested:

S. 38. An act for the relief of Winifred Meagher; S. 39. An act for the relief of the estate of William Bardel; S. 41. An act for the relief of the Germania Catering Co .•

Inc.; s. 42. An act for the relief of Emmett C. Noxon; S. 84. An act to amend section 61 of the act entitled "An

act to establish a uniform system of bankruptcy throughout the United States", approved July l, 1898, relating to de· positories for money of bankrupt estates;

S.155. An act for the relief of John Henry Tackett; S. 239. An act for the relief of the Barlow-Moore Tobacco

Co.; S. 246. An act for the relief of Elmer Blair; S. 271. An act for the relief of James Foy; S. 281. An act for the relief of the Fred G. Clark Co.; S. 282. An act for the relief of William Kemper; S. 312. An act for the relief of Lillian G. Frost; S. 314. An act for the relief of Vito Valentino; S. 409. An act to amend certain sections of the Code of

Law for the District of Columbia, approved March 3, 1901, as amended, relating to descent and distribution;

s. 410. An act to provide fees to be charged by the recorder of deeds of the District of Columbia, and for other purposes;

S. 416. An act for the relief of Las Vegas Hospital Assa .. ciation, Las Vegas, Nev.;

S. 483. An act for the relief of Stanley A. Jerman, receiver for A. J. Peters Co., Inc.i

S. 563. An act for the relief of the Jay Street Terminal, New York;

S. 581. An act for the relief of Harold E. Seavey; S. 674. An act authorizing the President to order Maj.

E. P. Duval before a retiring board for a hearing of his case, and upon the findings of such board determine whether or not he be placed on the retired list with the rank and pay held by him at the time of his resignation;

S. 694. An act for the payment of the claims of the Fidel .. ity Trust Co. of Baltimore, Md., and others;

S. 742. An act for the relief of Charles A. Lewis; . S. 747. An act for the relief of Joe G. Baker; s. 760. An act for the relief of Harry P. Hollidge; S. 781. An act for the relief of the estate of George B..

Spearin, deceased; S. 799. An act for the relief of Yvonne Hale;

1935 CONGRESSIONAL RECORD-HOUSE 2623

s. 876. An act for the relief of Edgar Joseph Casey; s. 878. An act for the relief of Ray Funcannon; S. 879. An act for the relief of Denis Healy; S. 894. An act for the relief of Robert H. Wilder; s. 921. An act for the relief of C. J. Mast; s. 927. An act to amend the act entitled "An act to give

war-time rank to retired officers and former officers of the Army, NavY, Marine Corps, and/or Coast Gua!d of the United States", approv~d June 21, 1930, so as to give class B officers of the Army benefits of such act;

s. 929. An act for the relief of the Southern Products Co.; S.1016. An act to empower the health officer of the Dis­

trict of Columbia to authorize the opening of graves, and the disinterment and reinterment of dead bodies, in cases where death has been caused by certain contagious diseases;

s. 1027. An act for the relief of Dr. R. N. Harwood; S.1036. An act authorizing adjustment of the claim of Dr.

George W. Ritchey; S. 1039. An act authorizing adjustment of the claim of the

West India Oil Co.; s. 1053. An act authorizing adjustment of the claim of the

Rio Grande Southern Railroad Co.; S.1054. An act authorizing adjustment of the claim of

White Bros. & Co.; S. 1057. An act authorizing adjustment of the claim of the

Pennsylvania Railroad Co.; S.1059. An act authorizing adjustment of the claim of

Francis B. Kennedy; s. 1062. An act for the relief of James R. Young; s. 1094. An act for the relief of Claude C. Martin; S.1110. An act for the relief of A. Randolph Holladay; s. 1121. An act for the relief of I.sider Greenspan; S.1126. An act for the relief of the International Manu-

facturers' Sales Co. of America, Inc., A. S. PostnikofI, trustee;

s. 1298. An act for the relief of John Z. Lowe; S.1325. An act for the relief of Dino Carbonell; s. 1328. An act for the relief of the Snare & Triest Co.,

now Frederick Snare Corporation; s. 1347. An act for the relief of Robert J. Smith, alias

William McClocklin; S.1363. An act for the relief of John A. Jumer; s. 1374. An act authorizing the survey, location, and con­

struction of a highway to connect the northwestern part of continental United states with British Columbia, Yukon Territory, and the Territory of Alaska;

s. 1390. An act for the relief of Harry L. Reaves; s. 1425. An act to amend .section 80 of chapter 9 of an

act to amend the act entitled "An act to establish a uniform system of bankruptcy throughout the United States ", ap­proved July l, 1898;

S.1427. An act for the relief of Lyman I. Collins; s. 1487. An act for the relief of Mick C. Cooper; S.1585. An act for the relief of Stefano Talanco and Edith

Talanco; s. 1605. An act authorizing the President to present Dis­

tinguished Flying Crosses to Air Marshal Italo Balbo and Gen. Aldo Pellegrini, of the Royal Italian Air Force;

S.1616. An act to amend an act entitled "An act to estab­lish a uniform system of bankruptcy throughout the United states", approved July 1, 1898, and acts amendatory and supplementary thereto;

s. 1712. An act to amend section 4878 o~ the United States Revised Statutes, as amended, relating to burials in national cemeteries;

S.1781. An act for the relief of George Voeltz; S. 1803. An act to authorize the Secretary of War to pay

certain expenses incident to the training, attendance, and participation of the equestrian and modem pentathlon teams in the Eleventh Olympic Games;

S.1846. An act for the relief of the estate of Anton W. Fischer; and

S. J. Res. 43. Joint resolution for the establishment of a commission for the construction of a Washington-Lincoln

. Memorial Gettysburg Boulevard connecting the present Lin-

coln Memorial in the city of Washington with the battlefield of Gettysburg in the State of Pennsylvania.

THE LATE JOHN MORROW

Mr. DEMPSEY. Mr. Speaker, I rise to inform the House of the death in Santa Fe yesterday of the Honorable John Morrow, who served three terms in this body from the State of New Mexico, which I now have the honor to represent. A school teacher, a lawYer of note, and a trusted public serv­ant during his useful life, John Morrow was held in high esteem by the people of his State. In his death New Mexico loses a valued and able statesman, and I am sure there are many Members of this House who served with Mr. Morrow who mourn his passing.

CALENDAR WEDNESDAY

Mr. TAYLOR of Colorado. Mr. Speaker, I ask unanimous consent that business in order today, Calendar Wednesday, may be dispensed with.

The SPEAKER. I.s there objection to the request of the gentleman from Colorado?

There was no objection. JURISDICTION OF COMMITTEE ON INTERSTATE AND FOREIGN COM­

MERCE AND COMMITTEE ON THE MERCHANT MARINE, RADIO, AND FISHERIES

Mr. RAYBURN. Mr. Speaker, I have a unanimous-consent request which is on the Clerk's desk.

The SPEAKER. The Clerk will report the request. The Clerk read as follows: Mr. Speaker, I ask unanimous consent that the blll H. R. 5379,

a bill to amend the Interstate Commerce Act, as amended, by providing for the regulation of the transportation of passengers and property by water carriers operating in interstate and foreign commerce, and for other purposes, be rereferred from the Com­mittee on Interstate and Foreign Commerce to the Committee on Merchant Marine, Radio, and Fisheries; and further, Mr. Speaker, I ask unanimous consent that hereafter all bills relating to or a1Iecting transportation by water carriers, regardless of the fact that they may amend an act which was originally considered by the Committee on Interstate and Foreign Commerce, to be referred to the Committee on Merchant Marine, Radio, and Fisheries.

The SPEAKER. Is there objection to the request of the gentleman from Texas?

Mr. SNELL. Mr. Speaker, reserving the right to object, I presume this request is made on the assumption that House Resolution 126 is going to be adopted by the House today?

Mr. RAYBURN. Yes; that is correct. Mr. SNELL. It would seem to me the proper procedure

would be first to change the jurisdiction of these commit­tees and then present this unanimous-consent request, al­though I have no objection to the matter coming up now.

Mr. RAYBURN. There was a special reason, I may say to the gentleman, for presenting the unanimous-consent request first.

Mr. MICHENER. Reserving the right to object, Mr. Speaker, do I understand by the request that in the future the matter of water transportation will be considered en­tirely by one committee and rail transportation by another committee?

Mr. RAYBURN. I do not think it is contemplated that the inland rivers are in this resolution. The gentleman from Virginia [Mr. BLAND] and the gentleman from New Jersey [Mr. LEHLBACH], with whom I conversed about this matter, are here, and I may say that it is my understanding that all matters with respect to foreign commerce and related subjects go to the Committee on Merchant Marine, Radio, and Fisheries.

Mr. BLAND. Of course, insofar a~ inland rivers are con­cerned, there are certain matters that have always been before the Merchant Marine, Radio, and Fisheries Com-mittee. ··

Mr. MICHENER. It occurred to me that we should be a little careful about changing the jurisdiction of committees by unanimous consent when it affected the subject of trans­portation, which some of us believe must be viewed as a whole and in one picture, in order to ·get the best results .

2624 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 If we consent here we will send all water transportation questions to one committee and all rail questions to another committee and all bus and truck transportation questions to another committee; we may be getting away from effi­ciency.

Mr. LEHLBACH. Mr. Speaker, will the gentleman yield? Mr. RAYBURN. I yield to the gentleman from New

Jersey. . Mr. LEHLBACH. Mr. Speaker, this proposition is part and

parcel of an agreement, not only between the Committee on the Merchant Marine, Radio, and Fisheries and the Com­mittee on Interstate and Foreign Commerce, but it has been carefully scrutinized and revised by the Committee on Rules, which has jurisdiction over the ref erring to committees of bills relating to subject matters within the jurisdiction of such committees. This unanimous-consent request is to be immediately followed by the presentation of a rule coming from the Rules Committee which further deals with the sub­ject matter of jurisdiction. It does not ~n any way bring about" a conflict of jurisdiction. Insofar as cooperation and coordination with respect to rates of competing water, high­way, and railroad carriers are concerned, that is with the Interstate Commerce Committee, but all shipping matters concerning vessels on the rivers and on the coast and in overseas transportation have always belonged to the Mer­chant Marine Committee, and with the acquiescence of the Committee on Interstate and Foreign Commerce and with the sanction of the Rules Committee, this plan has been worked out and is satisfactory to all those who have made a study of the subject, and they agree with this particular solution of the question.

Mr. MICHENER. As a matter of fact, then, the Rules Committee is going to bring in a rule so that some con­sideration may be given to the matter?

Mr. LEHLBACH. Yes. Mr. MICHENER. And this unanimous-consent request is

not going to settle the matter for all time? Mr. LEHLBACH. Oh, no. Mr. O'CONNOR. The Rules Committee proposes imme­

diately to call up a resolution which fixes the jurisdiction of the two respective committees.

Mr. SNELL. As a matter of fact, that should have been done first, should it not?

Mr. O'CONNOR. We did not think so. Mr. SNELL. I think so, but I am not going to object to the

request. I would like to ask one more question of the gentleman

from New Jersey [Mr. LEHI.BACH.]. As I understand it, the control of the boats on the rivers, and so forth. will be under the Merchant Marine Committee, but the rates under the jurisdiction of the Interstate and Foreign Commerce Com­mittee?

Mr. LEHLBACH. That is substantially correct. That is the way it is now.

Mr. SNELL. I understand that; but is it to continue the same?

Mr. LEHLBACH. Yes. Mr. SNELL. In defining the subject matter to be pre­

sented to these various committees, does the gentleman think it is distinct and definite enough so there will be no further argument between the two committees?

Mr. LEHI.BACH. I do not think there is any possibility of any further controversy.

Mr. MAPES. Reserving the right to object. we could not hear on this side clearly the statement of the gentleman from Virginia, Chairman of the Committee on Merchant Marine, Radio. and Fisheries; and I think, because of his Posi­tion and interest in the matter. the RECORD ought to show pretty definitely his understanding of this request. Is it the gentleman's understanding that as far as the jurisdiction of the two committees over inland waterway transportation is concerned this request and the rule to be adopted later does not change that jurisdiction at all from what it is now?

Mr. BLAND. Jurisdiction over inland waters remains as at present.

Mr. JJ.[APES. With that understanding, I have no objec­tion.

Mr. RICH. Reserving the right to object, I should like to ask the Chairman of the Interstate Commerce Committee if the regulation of rates will still be under the jmisdiction of his committee?

Mr. RAYBURN. Yes. Mr. CULKIN. Reserving the right to object, I should like

to ask the distinguished Chairman of the Committee on Merchant Marine, Radio, and Fisheries, on which I happen to serve, if this resolution or proposition proposes that all mari­time matters go to the Committee on Merchant Marine and .Fisheries? Is that the understanding?

Mr. BLAND. Not as to inland waters. Mr. LEHLBACH. The fact is at the present time inland

navigation with respect to its physical aspect is now with the Merchant Marine and Fisheries Committee. Insofar as the rate structure is concerned relative to the various means of transportation in interstate commerce, particularly where it competes with railroads, that remains with the Interstate Commerce Committee, and there is no conflict at all

The SPEAKER. Is there objection? Mr. CONNERY. Reserving the right to object, I would

like to congratulate the Chairman of the Interstate Com­merce Committee, and I hope it is an augury that in the near future all labor matters will be ref erred to the Com­mittee on Labor, [Applause.]

The SPEAKER. Is there objection? There was no objection.

REFERENCE OF BILLS

Mr. MEAD. Mr. Speaker, I ask unanimous consent for the reref erence of the bills H. R. 5453 and H. R. 2845 from the Committee on the Post Office and Post Roads to the Committee on Civil Service.

The SPEAKER. Is there objection? Mr. SNELL. Reserving the right to object, what are these

bills? Mr. MEAD. H. R. 5453, to extend the classified civil

service to postmaster~hips of the first, second, and third classes, and for other purposes, and H. R. 2845, to provide for appointments to the Post Office Department and the Postal Service solely on the basis of efficiency and merit, to extend the civil-service system, and for other purposes.

Mr. SNELL. Will they be ref erred to the Democratic national chairman? [Laughter .J

Mr. MARTIN of Colorado. Could not the gentleman make those retroactive for 3 years? [Laughter.]

The SPEAKER. Is there objection? There was no objection.

PAYMENT OF AD.JUSTED-COMPENSATION CERTIFICATES

Mr. TURNER. Mr. Speaker, I ask unanimous consent to proceed for 2 minutes.

The SPEAKER. Is there objection? There was no objection. Mr. TURNER. Mr. Speaker, I have a communication

from Ernest N. Haston, secretary of state of the state of Tennessee~ enclosing a copy of House Joint Resolution 15. adopted by the General Assembly of Tennessee February 20, 1935, memorializing the Congress to enact laws that Will pay the balance due the World Wa.r veterans on their adjusted-compensation certificates. I ask unanimous con­sent to extend my remarks in the RECORD and to include therein the resolution ref erred to.

The SPEAKER. Is there objection? There was no objection. Mr. TURNER. Mr. Speaker, under the leave to extend

my remarks in the RECORD, I include the following joint reso­lution adopted by the General Assembly of the State of Tennessee, February 20, 1935 ~

STATE OF TENNESSEE, DEPARTMENT OF STATE.

To all whom these presents shall come, greeting: I, Ernest N. Haston. secretary of state o1 the State of Tennessee,

do hereby certify that the annexed is a true copy of house Joint resolution no. 15, acts of 1935, the original of which i.s now on file &nd a matter of record in this office.

1935 CONGRESSIONAL. RECORD-· HOUSE 262S In testimony whereof I have hereunto subscribed my official

signature and by order of the Governor, afilxed the great seal of the State of Tennessee at the department in the city of Nashville this 23d day of February, A. D. 1935. ·

[SEAL] ERNEST N. HASTON, Secretary of State.

House Joint Resolution 15 (By o. L. Carter)

Memorial asking Congress to pass laws that will pay the soldiers' bonus, etc.

Be it resolved by the House of Representatives of the State of Tennessee (the senate concurring), That--

Whereas due to the long-continued depression, thousands of American veterans of the World War are unemployed and without the means of adequate support and are unable to provide the necessities and comforts of life for themselves and their families through no fault of their own; and

Whereas it is the policy of the national administration in its recovery program to bring about a distribution of public funds and accomplish wide-spread reemployment; and

Whereas the payment of the remainder of the amount due on the veterans' adjusted-compensation certificates held by veterans of the World War will result in a distribution of money to every community in the United States, which money will find its way into every channel of trade through the purchase of necessities and comforts of life, the payments of debts, the building and repairing of homes, the rehabilitation of small business enterprises, and through many other needed expenditures; and

Whereas the American Legion and Veterans of Foreign Wars have, in their respective national conventions, overwhelmingly approved the immediate cash payment of said certificates; and

Whereas such certificates constitute a just obligation of the Government to the veterans of the World War: Now, therefore, be it

Resolved by the House of Representatives of the State of Ten­nessee (the senate concurring), That the Congress of the United States immediately pass such legislation as is necessary for the immediate payment of the balance due on such adjusted-com­pensation certificates, with the remittance of i_nterest and other charges against the principal sum of such certificates; and be it further

Resolved, That the Secretary of State of Tennessee be directed to transmit a copy of this memorial to the President of the United States, the Vice President of the United States, and to the Speaker of the House of Representatives, the Honorable JoE BYRNS, and also that a copy of the same be forwarded to Senators N. L. BACHMAN and K. D. MCKELLAR, and to each of the nine Members of the United States House of Representatives from the State of Tennessee.

Adopted February 20, 1935. WALTER M. HAYNES,

Speaker of the House of Representatives. W. P. Moss,

Approved February 21, 1935. Speaker of the Senate.

HILL McALI.sTER, Governor.

PERMISSION OF COMMITTEE ON LABOR TO SIT DURING SESSIONS OF THE HOUSE

Mr. CONNERY. Mr. Speaker, I ask unanimous consent that the Committee on Labor be given permission to sit during the sessions of the House for the next 3 days.

The SPEAKER. Is there objection? There was no objection.

ODD FELLOWSHIP AND GEORGE WASHINGTON Mr. PITTENGER. Mr. Speaker, I ask unanimous consent

to extend my rem.arks in the RECORD by inserting therein an address by my colleague CMr. CARTWRIGHT].

The SPEAKER. Is there objection? There was no objection. Mr. PITrnNGER. Mr. Speaker, under leave to extend my

remarks in the RECORD, I include therein an address delivered by Congressman WILBURN CARTWRIGHT, of Oklahoma, at the Boosters' Society banquet held at New York City on Feb­ruary 21.

It was my pleasure to be present at the Boosters' meeting and listen to the eloquent talk delivered by Congressman CARTWRIGHT. It was particularly appropriate that he should speak on this occasion. He is grand master of the Grand Lodge, I. O. O. F., of Oklahoma, and represented that juris­diction at the Booster's Society banquet.

The address Mr. CARTWRIGHT delivered is as follows: Mr. Chairman, Grand Sire PITTENGER, officers and boosters, my

good friends : It is something unusual for me to speak in such a large city. I

hail from the wide-open country where we gather, for such meet­ings as this, early so we can get home in time to put the children

to bed and close up the chicken-coops, see that the .. cows have been milked, and the horses fed.

I have been sitting here tonight, noting the similarity between New York City ·and the State of Oklahoma. -

New York City is the great cosmopolitan metropolis of the world. It is made up of people from every nation on the earth~ Oklahoma is also cosmopolitan. It is made up of the cream of the citizenship of every State in the Union. We also have over 100,000 Indians, practically all of whom are educated and capable­of taking care of themselves in any man's country.

New York City is noted for its wealthy men like Rockefeller and Morgan. Oklahoma is noted for its outstanding characters like Will Rogers and Bill Murray.

New York City is powerful with many great skyscrapers. Ok­lahoma is powerful, too. We qo not have such high skyscrapers or a big water front like you folks; but if all the hogs of Oklahoma were one hog he could stand with his hind feet in Albany and front feet in Manhattan and with one root, root up Wall Street and cast it into the Atlantic Ocean.

If all the chickens of Oklahoma were one chicken, he could stand upon the tallest of your skyscrapers and with one crow jar the torch off the Statue of Liberty.

If all the grain raised in Oklahoma were dumped on to the city of New York, you could stand upon the top of it and tickle the feet of the angels in Heaven.

If all the oil wells in Oklahoma were one oil well it would reach from New York City to Hades.

A New York boy and an Oklahoma City boy were quarreling over the merits of their respective cities. "Aw, wha'cha talkin' about?" said the boy from New York. "All de wise guys lives in de East. Don't it say in de Bible dat de wise men came out of de East?'" "Sure, it says de wise men come out of de East", agreed the. boy from Oklahoma City. "Dey come out of de East just as quick as dey get wise." You people talk about the "wild and wooly West." As a matter of fact, Oklahoma is largely made up of easterners gone west.

Seriously, I consider it a great distinction and honor to be in­vited here in company with Grand Sire WILLIAM A. PrrrENGER, to speak to the Booster Society of New York. I have enjoyed the welcome, the fraternal greeting, the glad hand, the pleasant smiles. the ready sympathy, and the hearty fellowship of your great city since arriving here this afternoon. I bring you greetings from about 30,000 Oklahoma Odd Fellows and Rebekahs-the finest peo~ pie the sun ever shone upon. The brotherhood of man rises above all of our strife in life, and it is a beautiful thing that men can get together once in a while and be men socially for the brotherhood of man.

I find that Odd Fellows are all pretty much the same kind o! good folks from the Atlantic to the Pacific and from Canada to the Gulf of Mexico. And among the sweetest and most whole­some experiences of life are the meetings of friends who esteem each other, who have real affection for each other, who have much in common, and yet who have rare opportunities to meet and fraternize in a congenial atmosphere as on this occasion.

We are proud to see our order make progress, not only in num­bers, but to improve in its personnel and its ability to command the respect of all good citizens. · We strive to have our lodge meetings conducted in such a

manner as to be a lesson in good deportment, cultivating a proper respect for its offices, and creating a respect for our lodge akin to that which all should have for the church and for law and order.

All good citizens are proud of the accomplishments made in inventions, literature, science, art, and all those things that have so added to the comfort, convenience, and enlightenment of the human race. In their early stages, probably all the inventions such as the printing press, steam engine, railroads, cotton gin, telegraph, automobile, airplane, radio, etc., were crude affairs. which have been brought to the present-day perfection by pains­taking care and development.

Such is the history of our order, created in the brains of the few who felt that they had something in common with their fellow men and also something that would in time be recognized by the world at large as beneficial to the human race, and who, at best, could have had but a vague conception of the future great­ness of the order which they were instrumental in originating.

How well this idea of theirs has developed through their efforts and through the efforts of all those who followed them should be a matter of pride to all our members.

Go into a piano house, strike a certain key, and every string on the same pitch in every instrument will catch it up and repeat it. That is sympathy. That is brotherhood. It means that if one portion of the human body suffers, the whole family suffers. It means that if a wrong is done to the workingman, an injury is in­flicted on the whole social body. Brotherhood means a common sympathy between all parts of society and that each shall interest itself in the welfare of the other. And brotherhood means that I shall not only have an interest in the mass but especially in the man. It is personal and individual. I must help him; I must give him a hand if he is down. If he has fallen, I must not only rescue him if I can, but I must do all in my power to remove the cause of his downfall.

A certain college professor at a meeting asked this question, "If a billy goat should eat a rabbit, what would happen?" They were all stumped, so he made the answer, " There would be a.' hare ' in the butter." Now, at the risk of being considered a "half" in the

2626 _CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 butter, I will Indulge In a little dlscourse right.here on the relation of fraternalism and American statesmanship.

In our ~ountry and in our times no man is worthy the honored name of statesman who does not include the highest practical edu­cation of the people in all his plans of administration. He may have eloquence, he may have a knowledge of all history, diplomacy, jqrisprudence, and by these he might claim in other countries the elevated rank of a statesman; but unless he speaks, plans, labors, at all times and in all places, for the culture and edification of the whole people he is not-he cannot be-an American statesman. · Comte said, "Ideas govern the world or throw it into confusion." The Czar's idea of his divine right to govern the world threw it into disorder. The ideas of peace and humanity within the masterful mind and heart of President Roosevelt, one of the big brothers of Odd Fellowship, brought order out of confusion and he is now leading the world in the truth and sentiment of brotherhood. It is with the greatest of pride that we point to President Roosevelt as a member in good standing of the little Odd Fellow lodge at Hyde Park, N. Y. . . · Let us also remember that our first President, George Washing­

ton, was a fraternalist; that he recognized the value of fraternal connections; that he accepted leadership with fidelity of purpose. There is none of us so fine, so big, so great, that we cannot b~nefit by an emulation of the fraternal activities of George Washington.

Tomorrow is Washington's birthday, and since he took the oath office as the first .President of the United States in this, the first Capitol, it is well that we turn back for a moment to his l_ife and day.

You ha.ve all heard of" George Washington's little hatchet." The other day I heard a story that was a little variation upon the original, and I am going to take up your time for a ~in:ute by repeating it to you. It was to this effect: Mr. Washington and Mrs. Washington, the parents of George, found on one occasion that their supply of soap for the use of the family at Westmoreland had been exhausted; and so they decided to make some family soap. They made the necessary arrangements and gave the requi­site instructions to the family servant. After an hour or so the servant returned and reported to them that he could not make the soap. "Why not", he was asked; "haven't you all the mate­rial? " " Yes ", he replied, " but there is something wrong." The old folks proceeded to investigate, and they found they had actu­ally gotten the ashes of the little cherry tree that George had cut down with his hatchet, and there was no lye in it. Now~ I assure you, there is no lie in what I say to you when

I assert that George Washington stands among the greatest men of human history, and those in the same rank with him are very few. Whether we measure by what he did, or what he was, or by the effect of his work on the history of mankind, in every respect he is entitled to the place he holds among the greatest of his race. As no one can add to the brightness of the noon-day sun, so no words can add to the glory of the immortal Washington. First in war, first in peace, and first in the hearts of his country­men, his fame will shine with undiminished splendor through all the coming ages. Under the smiles of the beneficent heavens he was the creator and savior of the greatest Nation in the history of the world. Oh, if there had not been such an instrument as this in the day that tried men's souls!

When bowed by the burden of years, he laid aside the robes of office and like the humblest citizen of the young Republic wended his way to his beloved Mount Vernon soon to sink into the tomb, amid the grief of his countrymen and the reverend admiration of the civilized world.

Let us record the words as they fell from the peerless leader of our Army in the Revolution, our first and foremost President and unequaled statesman. Let us ponder upon the closing sentences of his farewell.

"In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish; that they will control the usual current of the passions, or prevent our Nation from running the course which has hitherto marked the destiny of nations, but if I may even fiatter myself that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue, to guard against the impostures of pretended patriotism; this hope will be a full recompense for the solicitude for your welfare by which they have been dictated.

• • • • " Though in reviewing the incidents of my administration I am

unconscious of intentional error, I am nevertheless too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence; and that, after 45 years of my life dedicated to its service, with an upright zeal, the faults of incom­petent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest.

" Relying on its kindness in this as in other things, and actuated by that fervent love toward it, which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate with pleasing expectation that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow citizens, the benign infiuence of good laws under a free government-the ever-favorite object of my heart, and the happy .. reward, as I trust, of our mutual cares, labors, and dangers."

Few men of all time have sucb ·a record of achievement as our first and beloved President, George Washington. Still fewer can show, at the end of a career so crowded with high deeds and memorable victories, a life so free from spot, a. character so un­selfish and so pure, a fame so void of doubtful points demanding either defense or explanation. Eulogy of such a life is needless, but it is always important to recall and to freshly remember just what manner of man he was.

Friends, we are all engaged in worth-while achievements. Our organization has definite purposes and ideals. We have visions of accomplishments; and vision with brotherly love has ever been the guiding angel of mankind. Throughout history it has always been the man of vision who has led. No progress has ever been made without it, and a Nation's greatest assets are its men of vision, whether statesmen, educators, inventors, or industrialists. I am proud to say here tonight that our outstanding American men of vision have been and are imbued with an abundance of the spirit of brotherly love, the very essence of fraternalism.

If this age can be said to be conscious of a definite aim and having a predominate purpose, tt is that of bettering the condi­tions of life and infusing a spirit of humanity among all men.

The world is looking at its questions from a new viewpoint, namely, tt1at of humanity. Those who are living in the spirit of the age are not asking, "Am I my brother's keeper? " nor " Who is my neighbor?", but they are assuming the responsibilities of brotherhood and in sympathy, good will, and practical benevolence are helping to bear the burdens which are so crushing to the less fortunate brother. · · The Independent Order of Odd Fellows, which I have the honor to represent as grand master in the jurisdiction of Oklahoma, having rounded out 115 years of honorable achievement in Amer­ica, is still forging forward with unabated vigor. Unquestionably, it is an important pillar in the temple of civilization and the moral infiuence of its worthy principles is felt the world around.

Judging by all appearances, you people of New York have merged yourselves into this great order, and I congratulate you on this moving and active booster society. Undoubtedly you have set high goals for yourselves and have attained them.

In Oklahoma our motto is "Go and do" and our watchword is "progress." We are striving to attain higher goals through organization, cooperation, teamwork, and push. We are proud of the progress we have made and of the fine citizenship in our order. We expect the near future to find us double in size, double in strength, and more perfect in quality.

And now as I close I want to give you the little poem by Kip­ling that I have quoted many times throughout the jurisdiction of Oklahoma: "It ain't the guns nor armaments, nor the funds that they can pay,

But the close cooperation that makes them win the day. It ain't the individual nor the army as a whole, But the everlasting teamwork of every bloomin' soul."

AMENDATORY REGULATIONS ON MIGRATORY GAME BmDS

Mr. COCHRAN. :Mr. Speaker, I have a copy of a procla­mation amending the regulations of the Migratory Bird Treaty Act, and the regulations issued under that treaty. We are having a number of requests for copies of this. It is not available. I ask unanimous consent that it be printed in the RECORD.

The SPEAKER. Is the.re objection to the request of the gentleman from Missouri?

There was no objection. Mr. COCHRAN. Mr. Speaker, under the leave to extend

my remarks in the RECORD, I include the following: Whereas the Secretary of Agriculture, by virtue of the authority

vested in him by section 3 of the Migratory Bird Treaty Act (40 Stat. 755; U. S. C., title 16, secs. 703-711), has submitted to me for approval a regulation further amendatory of the regulations approved and proclaimed July 31, 1918, which the Secretary of Agriculture has determined to be a suitable amendatory regulation permitting and governing the hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, and export of migratory birds and parts thereof and their nests and eggs, as follows:

Regulation 3, " Means by which migratory game birds may be taken", as set forth in Proclamation No. 2094, of August 20, 1934, is amended by inserting in the third line of the first paragraph thereof, between the word " hereof " and the semicolon, a comma and the words " but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capa­ble of· holding more than three shells the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than three shells at one loading ", so that the paragraph as amended will read as fol­lows:

"The migratory game birds specified in regulation 4 hereof may be taken during the open season with a gun only, not larger than no. 10 gage, fired from the shoulder, except as specifically permitted by regulations 7; 8, 9, and 10 hereof, but they shall not ·be taken with or by means of any automatic-loading or hand-operated re­.peating shotgun capable of holding more than three shells the magazine of which has not been cut off, or plugged with a one-piece

1935 CONGRESSIONAL RECORD-HOUSE 2627 metal or wooden filler incapable of removal through the loading end thereof, so as to reduce the capacity of said gun to not more than three shells at one loading; they may be taken during the open season from the land and water, with the aid of a dog, the use of decoys, and from a blind or floating device, except that in the taking of wild ducks not more than 25 live duck decoys may be shot over, a:µd in the taking of wild geese in California the use of live goose decoys is not permitted; but nothing herein shall be deemed to permit the use of an automobile, airplane, power boat, sailboat, any boat under sail, any floating device towed by power boat or sailboat, or any sinkbox (battery), except that sinkboxes (batteries) may be used in the taking of migratory waterfowl in coastal sounds and bays (including Back Bay, Princess Anne County, State of Virginia) and other coastal waters; and nothing herein shall be deemed to permit the use of an airplane, or a power boat, sailboat, or other fl.oating device for the purpose of concen­trating, driving, rallying, or stirring up migratory waterfowl; and mourning doves shall not be shot or otherwise taken by means of bait."

And whereas upon consideration it appears that approval of the foregoing amendatory regulation will effectuate the purposes of the aforesaid Migratory Bird Treaty Act and result in reducing the an­nual kill of migratory game birds.

Now, therefore, I, Franklin D. Roosevelt, President of the United States of America, do hereby approve and proclaim the foregoing amendatory regulation.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this 2d day of February, in the year of our Lord 1935, and of the independence of the United States of America the one hundred and fifty-ninth.

[SEAL] FRANKLIN D. ROOSEVELT.

By the President: CORDELL HULL,

Secretary of State.

JURISDICTION OF COMMITTEES ON INTERSTATE AND FOREIGN COMMERCE AND MERCHANT MARINE, RADIO, AND FISHERIES

Mr. O'CONNOR. Mr. Speaker, I call up House Resolution 126, which I send to the desk and ask to have read.

The Clerk read as fallows: House Resolution 126

Resolved, That the rules of the House of Representatives are amended in the following manner:

"Rule X, clause 9. On the -Merchant Marine and Fisheries, to consist of 21 Members.

"Rule XI, clause 7. To commerce--to the Committee on Inter­state and Foreign Commerce.

"Rule XI, clause 9. To the merchant marine, including all transportation by water, Coast Guard, life-saving service, light­houses, lightships, ocean derelicts, Coast and Geodetic Survey, Panama Canal, and fisheries-to the Committee on Merchant Marine and Fisheries."

Mr. O'CONNOR. Mr. Speaker, I yield 30 minutes to the gentleman from Massachusetts [Mr. MARTIN].

This matter of the jurisdictional dispute of two great com­mittees of the House, the Committee on Interstate and For­eign Commerce and the Committee on Merchant Marine, Radio, and Fisheries, has given the Rules Committee real concern. For some time there has been this dispute in the House as to the jurisdiction of those two committees. Early in this session the distinguished gentleman from Virginia [Mr. BLAND], the Chairman of the Committee on Merchant Marine, Radio, and Fisheries, introduced House Resolution 40, to change the jurisdiction of the committee of which he is chairman, which would have affected the jurisdiction of matters which have been before the Committee on Interstate and Foreign Commerce. The Rules Committee has had sev­eral hearings on the matter. Modified and amended resolu­tions have been introduced, so that finally to the House we now present House Resolution 126, fixing the jurisdiction of these two committees, and changing the name of the Com­mittee on Merchant Marine, Radio, and Fisheries to the Committee on Merchant Marine and Fisheries. That reso­lution has been reported by the Committee on Rules and also represents an agreement in complete accord between the two committees. Both committees have agreed entirely to the resolution and the question of their respective jurisdic­tion.

The distinguished gentleman from Texas [Mr. RAYBURN], Chairman of the Committee on Interstate and Foreign Com­merce, today, a few minutes ago, made a unanimous-consent request which was granted and which I shall more fully explain as I interpret it. This unanimous-consent request covers two points. The first part of the request refers to

the Committee on Merchant Marine, Radio, and Fisheries as it was, a bill, H. R. 5379, which was recently introduced by Mr. RAYBURN, pertaining to "the regulation of transporta­tion of passengers and property by water carriers operating in interstate and foreign commerce", and which bill the Speaker referred to the Committee on Interstate and For­eign Commerce. The Merchant Marine Committee has al­ways claimed jurisdiction of that subject matter. The sec­ond part of the unanimous-consent ·request was intended to meet a situation which has grown up by precedent in this House. The Speaker has been compelled by the precedents to refer to a committee a proposed amendment of any law which had previously been reported out by that committee. For instance, last year an omnibus bill came before the House placing in the Communications Commission, a new bureau or commission of government, jurisdiction over all communications, telegraph, telephone, cable, and radio. That bill was reported by the Committee on Interstate and Foreign Commerce. -

Radio some years ago was placed under the jurisdiction of the Committee ·on Merchant Marine and Fisheries, and the name of that committee was changed to include the word " radio." When a bill is introduced, for instance, amending the communications law, under the precedents, the Speaker, following them, must refer the proposed amend­ment to the committee which reported the bill originally.

The second part of Mr. RAYBURN'S unanimous-consent re­quest covers that situation as far as bills relating to transpor­tation by water carriers are concerned. It in effect overrides those precedents as far as bills relating to the merchant marine are concerned.

This jurisdictional dispute has been a troublesome sub­ject. The Rules Committee has given a great deal of con­sideration to it. Both standing committees concerned, by their members individually and through and by action of the full committees have had almost daily conferences, and have finally worked out this resolution, to which everyone has agreed.

I am informed that in the Washington Post this morn­ing an article appears stating that this resolution is a victory for one side. That is as far from the truth as anything could be. This is a victory for neither side. No one wins here. The fact that the Merchant Marine Committee has jurisdiction over radio does not justify any statement that the other committee wins the dispute. The Rules Committee came to the determination that you could not properly divide communications, and that radio, telegraph, telephone, and cable inevitably went together, and, the Interstate Commerce Committee having jurisdiction of most of those subjects and for a longer time than the Merchant Marine Committee had jurisdiction over radio, it was thought best and fairest to put radio in the Committee on Interstate and Foreign Com­merce. On the other hand the Merchant Marine Committee reestablishes and reclaims its jurisdiction over the merchant marine and over many matters which were under the juris­diction of the Interstate and Foreign Commerce Committee. There is no victory, therefore, for either side, and the Rules Committee would not be a party to any such a result. We have in fact taken from the Interstate and Foreign Com­merce Committee many matters over which it has had juris­diction, and there is no mathematician who could interpret the resolution to the efiect that it is a victory for either side, the article in the Washington Post to the contrary notwith­standing.

Mr. RAYBURN. Will the gentleman yield? Mr. O'CONNOR. I yield. Mr. RAYBURN. I wish to confirm what the gentleman

has just said. This was a unanimous agreement between the Committee on Merchant Marine and Fisheries and the Committee on Interstate and Foreign Commerce.

Mr. O'CONNOR. Everybody concerned is happy to have worked out this solution of ai difficult problem, to relieve this dispute between the two committees, and to relieve the Speaker of the quandary in which he finds himself when omnibus bills and others bills come before him for reference. I believe the House should sustain the action of these two

:2628 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 great committees and the position the Rules Committee has it had, a.s a growth, received jurisdiction over all boats that · taken in bringing this resolution before the House. carried passengers and freight. Whether they were in the

Mr. SNELL. Will the gentleman yield? transoceanic merchant marine or along the coast or on the Mr. O'CONNOR. I yield. river, that has always been in the Conunittee on Merchant Mr. SNELL. I appreciate something about the argument Marine, Radio, and Fisheries, but where transportation by

that has gone on between these two committees for a great water comes in touch with land transportation and it is a many years. I think it is good to have this matter settled I question of coordination of rates and services, and the elimi­and I am glad it has been amicably settled. But, as I stated nation of ruinous competition, that has been dealt with by sometime ago, it seems to me the logical procedure should the Committee on Interstate and Foreign Commerce . . There have been to change the jurisdiction of the committees first is no conflict between that jurisdiction--and then, after that, rerefer the bills. In other words, we Mr. O'CONNOR. Well, the gentleman is using my time should not put the cart before the horse. If the gentleman and he has 30 minutes of his own to be used later. does not care to discuss that ma-tter,' it is all right with me. Mr. LEID.BACH. Well, the gentleman can have our time.

Mr. O'CONNOR. As I understand it, and perhaps I do Mr. O'CONNOR. I shall be glad to take it, if necessary. not understand it, this bill which the Chairman . of the Mr. Speaker, I reserve the balance of my time. Committee on Interstate and Foreign Commerce asked to Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5 be rereferred to the Committee on Merchant Marine and minutes to the gentleman from Michigan [Mr. MICHENER]. Fisheries pertained to the merchant marine. If there was Mr. MICHENER. Mr. Speaker, further amplifying the any objection to that reref erence, it would still remain in question which I just asked, it seems to me the question of the Committee on Interstate and Foreign Commerce, and transportation has become so important in this country that the resolution here pertaining to these matters would not it should be considered by one agency in this body. Trucks take care of that bill. The bill would not reach the Com- are putting the railroads out of business. Waterways are mittee on Merchant Marine and Fisheries. -putting the railroads out of business. It seems to me the

Mr. SNELL. That is true, but the proper time to have height of folly that we should have one committee in this asked that was after the jurisdiction of the committee had body considering the railroads, another committee consid­been changed. ering the waterways, and another committee considering

Mr. O'CONNOR. There is a difference of opinion on that. parts of the truck and bus business. However, I do not think there is anything sinister in making I come from the Great Lakes region. We know what the request first. water transoortation means when compared with rail trans-. Mr. SNELL. May I ask one further question? I do not portation. -It seems to me that this Congress should adopt

quite understand the amendment, which reads "rule X, the same policy, as far as its committees are concerned, clause 9, on Merchant Marine and Fisheries, to consist of 21 that the Nation has adopted with reference to transporta­members." tion. There was a fight here extending over a period of

Mr. O'CONNOR. That simply changes the name of the years to get into the hands of one body-the Interstate committee by omitting the word "Radio." We took out the Commerce Commission-the right to control rates and also word "Radio." the right to control the things that make the rates possible.

Mr. SNELL. It simply changes the name? So it is today. If we have the Committee on Merchant Mr. O'CONNOR. That is all. Marine and Fisheries, for instance, telling the water trans-Mr. MICHENER. Will the gentleman yi~ld? portation people what they must use in the way of safety . Mr. O'CONNOR. I yield. . devices, regulating transportation by water, and the Inter-Mr. MICHENER. The gentleman said th~t for logical state Commerce Commission doing the same thing with rail-

reasons radic;> is being placed with other communications? roads, trucks, and busses, then possibly some other commit-Mr. O'CONNOR. For" practical" reasons. tee determining the rates, we are not going to get anywhere. Mr. MICHENER. And I add "logical reasons." There- I have been on the Rules Committee; I know what they

fore is it not just as reasonable that the matter of transporta- are up against; I know it is a real job; I know the jealousies tion should be placed in the hands of one group? In other of the committees here . . I know every committee, like every words, with one group determining how safety devices and bureau in the Government, when it gets jurisdiction, does operation expenses to be incurred shall be determined, shouid not want to let go. It is desirable to work out something not the same group which controls the revenues or the rates by unanimous consent. It seems to me, however, that there determine that matter? is a greater question and a larger problem involved than

Mr. O'CONNOR. That might have been the first im.pres- just a unanimous-consent agreement which might for the sion of the Rules Committee, but after thoroughly consider- time being mollify the feelings of these two great commit­ing the subject we thought that water transportation might tees. The House is not at all interested in whether the one be continued within the jurisdiction of this old Committee committee wins in the contest for jurisdiction or whether on Merchant Marine, which has had to do with it for many the other committee wins in the contest for jurisdiction. years. As to that subject, however, I am not qualified to go It may be practical for the purposes of the committees to into it thoroughly with the gentleman, but when the mem- make agreeable division of this legislation. I submit, how­bers of these two committees discuss the resolution they will ever, that it is not practical or logical to send legislation, be able to answer the gentleman's question. all of which pertains to a given subject, to severn.l different . Mr. MICHENER. Has not the Rules Committee yielded to committees. It has been conceded here by my friend the the question of consent? In other words, you have two com- gentlemen from New Jersey, Mr. Lehlbach, who is the rank­mittees warring over jurisdiction and not giving considera- ing member on the Committee on Merchant Marine, Radio, tion to the merits of the legislation, but to the jurisdiction of and Fisheries, that it may be logical to do as I suggest but the committee? not practical. At the same time, he admits that it is logi-

Mr. O'CONNOR. As I interpret it, the Rules Committee cal to concentrate telephone, telegraph, radio, and other has not yielded one iota. The Rules Committee believes forms of communication in one committee because each of this is the way to solve the question of jurisdiction. these agencies performs a service which is similar, so far as

. Mr. LEHLBACH. Will the gentleman yield? result is concerned. It is, therefore, just as logical that one Mr. O'CONNOR. I yield. and the same committee should have jurisdiction over legis-Mr. LEHLBACH. Transportation on land within the lation affecting transportation. It matters not whether

United states and its competition by river boats and canal freight is shipped by water, rail, or air, regulations must be boats is an entirely different subject from merchant marine, made by the Government and rates must be fixed or con­which competes with foreign countries and which has al- trolled. It seems to me an anomaly that one committee ways been within the jurisdiction of the Committee on should have control over transportation by air, another Merchant Marine, Radio, and Fisheries. Now, having juris- over transportation by rail and trucks, and another over diction over the most important part of.water transportation. transportation by water. In this connection we might also

1935 CONGRESSIONAL RECORD-HOUSE 2629 add ·pipe lines because 1t is a well-known fact that the pipe lines are today transporting oil and gas to the direct detriment of other methods of transportation.

Progress requires that each of these methods be en­couraged, developed and permitted to exist, and I am con­vinced that with the control of the proposed legislation di­vided among several committees, confusion will result. It ls nonsensical that one committee should determine the best method of regulation of one method of transportation, thus limiting the revenues of the agency, while another commit­tee regulates the rates which that agency must charge. We may all talk about retaining the railroads. At the same time, anyone familiar with the facts knows that there must be a coordinization or similar regulation of these several transportation facilities. The busses and trucks cannot continue to use the highways, maintained at public expense, without regulation, while the railroads are regulated to death. Modem conditions make the truck inevitable and no one wants to eliminate the truck. At tbe same time, the railroad is a necessity. Inland waterway transportation is fine but in a great part of the country this form of trans­portation is only available for 5 or 6 months in the year. Therefore, the railroad cannot be done away with. There is apparently much fear among the Members lest legislation be enacted placing the · control of transportation in the hands of the Interstate Commerce Commission or some body which might, perchance, be railroad minded. I, for one, want to say now that greater consideration must be_ given to the railroads to the end that freight rates may be reduced and volume increased. It is ridiculous to talk about reduc­ing freight rates and at the same time reduce the volume of business done by the railroads.

I am not going to oppose this rule because possibly it is the best " out " under present conditions, but I am suggest­ing that the Rules Committee give serious thought to rear­rangement of committee jurisdiction so that kindred legis­lation may be considered along the lines above indicated.

Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5 minutes to the gentleman from New Jersey [Mr. LEHLBACHl.

Mr. LEHLBACH. Mr. Speaker, the gentleman from Michi­gan is criticizing a situation which exists at the present time and which it is not sought to disturb. Jurisdiction over water transportation has always been separated by the Con­gress from jurisdiction over land transportation. The situa­tion the gentleman would like to see is a unification of control of legislation on transportation. This would, indeed, be an innovation, and this is not the time to seek to bring it about.

Mr. MICHENER. Mr. Speaker, will the gentleman yield? Mr. LEHLBACH. I yield. Mr. MICHENER. If it is a proper innovation, why is not

this the time to bring it about? Mr. LEHLBACH. Because it requires infinitely more study

and enlightenment than can be given in a 5-minute speech on the floor of the House.

We are leaving the subject of unification of transportation, both as to administration and legislation, to the future. In this respect we are leaving things as they are today. As I say, I think this is neither the time nor the place to bring up the broader aspects of the matter for consideration.

Mr. Speaker, I yield back the balance of my time. Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5

minutes to the gentleman from New York [Mr. CULKIN]. Mr. CULKIN. Mr. Speaker, I am for this resolution. It is

an amicable settlement between these two committees, fully considered and fully concurred in. It is to be regretted, of course, and it is regretted, that the technical experience of the old Merchant Marine, Radio, and Fisheries Committee passes into the discard, but Congress is used to that, for its experience has been discarded in practically every phase of the legislation we have seen go through this House during the past 2 years.

I rise particularly to say, Mr. Speaker, that this resolution does not settle the question of the coordination of rail and water transportation. There is a movement on foot, backed by propaganda throughout the entire country, to tie up low­rate water transportation with the railroads. Such procedure

will destroy the farmers and other groups who are now using the waterways.

I have no sympathy with this movement; and I say that the agreement evidenced today in this resolution does not settle this question. This question must be fought out on its merits when the time comes. If water transportation is to be weighted down with the past sins of the railroads, the~ indeed; a new burden, an added, terrible, economic burden, will be placed UPon the farmers, the manufacturers, and the shippers who use the inland and ocean waterways.

I am for the resolution and for the rule, but when this question of merging rail and water transportation does arise I warn the gentlemen who are cdncerned with the trans­Portation rates of the Nation, that this situation will be watched and fought bitterly so that the farmer, the manu­facturers, and the other groups engaged in shipping bulk commodities shall not be destroyed.

Mr. Speaker, I yield back the balance of my time. Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5

minutes to the gentleman from Pennsylvania [Mr. RrcHJ. Mr. RICH. Mr. Speaker, it has been said here this after­

noon that the transfer of rates on inland waterways under this resolution, or the inclusion of transportation by water to the jurisdiction of the Committee on Merchant Marine and Fisheries, is not going to prove the solution of the prob­lem of protecting the railroads of the country and the bus lines of the country against the low rates that are now be­ing charged by the Inland Waterways Corporation.

Inland Waterways Corporation is a corporation formed by the Federal Government with a capital of $24,000,000, op­erated under the direction of Major General Ashburn, who claims that the Federal Inland Waterways Corporation is a profit-making concern and that it is paying the Federal Gov­ernment to operate it. Major General Ashburn, however, does not figure in the operation of the inland waterways the cost of maintaining his right-of-way on the rivers, nor does he figure interest on the money invested by the Federal Gov­ernment in this enterprise. The Inland Waterways Corpora­tion also franks its mail; the Government furnishes free of charge its offices here in Washington; the salaries of Major General Ashburn and other Government officials engaged in its operation are paid by the Government. I contend this corporation loses to our Government over $1,000,000 a year.

To permit the Inland Waterways Corporation and others to operate on the Government-maintained rivers, locks, and so forth, in competition with railroads to go without regu­lation of their rates is merely to take money from the rail­roads and bus lines and bring them nearer to bankruptcy. We must remember in this connection that the railroads pay into the Federal Treasury nearly $1,000,000 a day in taxes. They employ thousands of people to run them. They buy steel, this helps the steel mills to employ labor: they help this country in thousands of ways; and are we not going to regulate the water transportation the same as we do the railroads? ·1t is not fair if we do not.

It is going to be very indefinite as to how long the railroads are going to be able to continue operating. It is going to be indefinite as to where we are going to get the money for taxa­tion purposes if we continually set the · Government up in business. It destroys initiative and kills legitimate business enterprises. It is high time that somebody in the Federal Government take action now and not at some future date to regulate all forms of transportation. If we are going to allow the Committee on Merchant Marine and Fisheries to take over this matter and allow it to continue as it has in the past, then we are getting to the point where we will deprive ourselves of taxes to run the Government, and by setting the Government up in business in competition with private enterprise we will kill the goose that lays the golden egg for the operation of our Government.

Mr. MANSFIELD. Will the gentleman yield? Mr. RICH. I yield to the gentleman from Texas. Mr. MANSFIELD. The rates of the Inland Waterways

Corporation are now under the jurisdiction of the Committee on Interstate and Foreign Commerce, just as the railroads a.re, and remains there if we adopt this resolution.

2630 CONGRESSIONAL RECORD-HOUSE FEBRUARY ·26 Mr. 'RICH. I hope that is the· case, and I hope the Com­

mittee on Interstate and Foreign Commerce will give some consideration to regulation of all rates, whether it be by water-, by rail, or on the highways of this country.

Mr. CULKIN. Will the gentleman yield? Mr. RICH. I yield to the gentleman from New York. Mr. CULKIN. Does the gentleman know that it costs

more in some parts of the west to transport a bushel of wheat 100 miles than the wheat itself is worth, and that the only salvation for those regions is water transportation?

Mr. RICH. The Inland Waterways Corporation reduced the rates 7 cents -per bushel on wheat from St. Louis to New Orleans in order that they might help the western farmers. The next day the wheat price dropped in Liverpool, the wheat market of the world, 7 cents per bushel, and the In­land Waterways Corporation gave up their revenue. The -farmers received no more for their wheat, and the foreign countries getting· the benefit; our Government, which you and I help to support, paid the bill. It is time to help Americans, not foreigners.

Mr. CULKIN. The only salvation for the people in those areas is water transportation.

[Here 'the gavel fell.] Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5

minutes to the gentleman f'rom New York [Mr. F'IsHl. Mr. FISH. Mr. Speaker, I want to make a few observa­

tions about this rule. This is the first time I have seen it, and I suppose it is all right, coming from the great Rules Committee after mature deliberation. However, it turns the Panama Canal over to the Committee on Merchant Ma­rine and F..ishedes. I am inclined to believe that the Panama Canal ought to be, by right, under the Committee on Mili­tary Affairs. It is governed by the Army, it is run by the Army, and the Canal and its fortificati-0ns are our main interest in the Canal Zone. It occUITed to me, as I read :this resolution, that it would be better to put it under the Committee on Military Affairs. That is not the reason, however, that I rose to speak on this occasion.

Mr. Speaker, I have great respect for the Committee on Interstate and Foreign Commerce. There is no more able ()r harder-working committee in the House, and there is no abler or better informed Member of Congress than is its chairman, the gentleman from Texas, Mr. RAYBURN. [Ap­plause.] That committee in the past, as we all know, has been overburdened with work. I may have incurred the enmity of some members of that committee in my first years 'Of service in this House because at that time they handled veterans' relief legislation. I may say that I fought through '3. whole session with the chairman, a Republican Member .at that· time, to get action on a bill to provide pay for an attendant for blind veterans. I could not even get consider­.ation of my bill for a whole year because of more important Jegislation pending before that committee. such as railroad, eoal, and interstate-commerce measures.

It did not have time to consider veteran-relief legislation, 'With the result that after fighting for a year, some of us got together aru:l helped to create a Veterans' Relief Committee, which took a.wa.y the power over veteran legislation from the Interstate and Foreign Commerce Committee. Although ,at that time the members of that committee were a little bit bitter, I believe now they are glad they got rid of their responsibilities to formulate veterans' legislation.

Mr. Speake1·, the main observation I should like to make is: l do not see why the Interstate and Foreign Commerce Com­mittee should be assigned the control of the Nicaragua Canal bill. Such a bill was introduced recently and was, I believe, .referred to the Committee on Interstate and Foreign Com­merce. It seems to me that bill should have been referred to the Committee on Foreign Affairs. I can readily understand why legislation affecting the Panama Canal was sent to the Interstate and Foreign Commerce Committee, because that committee handled the original bill, and the Panama Canal is under American control. I can understand the St. Lawrence bill being sent to the Committee on Interstate and Foreign

·Commerce, because half of it is under American control. I cannot understand or see any precedent, however, for send-

ing the · proposed Nicaragua · Canal bilL which involves the building of a canal in a foreign country, to the Committee on Interstate and Foreign Commerce. If I bad been on the floor at the time I would have joined with the Chairman of the Committee on Foreign Affairs in insisting that it had been erroneously referred. That is why I rose today. be­cause the matter is before us and we are discussing the powers of the various committees.

Mr. Speaker, without having studied this rule, I take it for granted it has been carefully formulated and is backed by sotmd consideration. I want to point out, however. to the Rules Committee and to the Members of the House, in C{)ll­

sidering this proposed rule that in the future I hope that legislation such as measures dealing entirely with foreign affairs, involving, for instance, the Nicaragua Canal, will be sent where they probably belong, namely, to the Committee on Foreign Affairs. We do not want anything that belongs to another committee, but insist that matters dealing with international affairs be ref erred to our committee.

Mr. Speaker, I yield back the balance of my time. Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 3

minutes to the gentleman from Massachusetts [Mr. CON­NERY].

Mr. CONNERY. Mr. Speaker, I have no criticism whatso­ever of the Speaker of this House or of any committee of this House, but this appears to be a good opportunity to give expression to some views which I have held for a long time in reference to committees. I am in favor of this resolution, of course.

I should like to see the Rules Committee consider the entire question of jurisdiction of committees. I do not blame the Speaker of the House or the Ways and Means C-Ommittee of the House, when an omnibus bill comes into the House in reference to unemployment insurance and old-age pen­sions with a tax provision in it, for having it sent to the Ways and Means Committee. This has been the custom and is in accordance with precedent.

Nevertheless, I think the Membership of this House will agree that such legislation going to the Ways and Means Committee merely because of the fact there is a tax provi­sion in it is inequitable and unjust, for the reason that the Committee on Labor, of which I have the honor to be chair­man, for the past 15 or 20 years has through extensive hear­ings, taking up many days and weeks, gone into the matter of old-age security, old-age pensions, and unemployment in­surance. What I stated a few minutes ago I mean. I think every matter directly connected with labor or the working people of the United States should be referred to the Com­mittee on Labor. Under the present rules the Speaker can­not do this if there is a tax provision in an omnibus bill.

I sincerely hope the Rules Committee will go into this en­tire matter at length and look over the jurisdiction of com­mittees and see if some amendments cannot be made to the rules so that we will give labor legislation to the Labor Com­mittee, interstate commerce legislation to the Interstate Commerce Committee, and so on.

There is one further thing I should like to say in closing. Four hundred and thirty-five Members come to this House. The man who is here for his first day is just as intelligent and interested in the welfare of the Nation as the man who ·has been here for 20 years. IIe may not have had the op-portunity of learning the rules and the regulations and the parliamentary procedure and may have to study them for a while in order to know how these things are done, but nevertheless his thoughts and his ideals are just as valuable to the country the first day he comes here as they are, per­haps, 15 or 20 years later. These men go on committees, and no matter what committee they may be on, that com­mittee should meet regularly and have important legislation to consider, and we should have the experience and the benefit of every Member of Congress on committees. In other words, there should be no such thing as a so-called " minor committee." Every committee should be a valuable one, and I am sincere when I say that I hope the Rules Com­mittee will look into this question at length and try to send labor legislation to the Labor Committee, interstate com-

1935 . CONGRESSIONAL RECORD-· HOUSE ~63l

.merce legislation to the Interstate Commerce Committee, and ways and means legislation to the Ways and Means Committee, and so forth, and not have a small coterie of 15 or 20 men in the Hc~use of Representatives enacting all the legislation for the people of the United States, because this is what it amounts to today. I hope this matter will be given very careful consideration. [Applause.]

[Here the gavel fell] Mr. MARTIN of Massachusetts. Mr. Speaker, I yield 5

minutes to the gentleman from Michigan [Mr. CRAWFORD]. Mr. CRAWFORD. Mr. Speaker, I want at this time to

.congratulate the two committees, together with the· Rules Committee, for this move. Transportation is the lifeblood -of commerce. We must have the rails, we must have the . trucks, and we must have the waterways. I know this by .personal experience in having shipped many millions of tons of freight over these routes. : . I do not believe any one committee capable of passing on the freight structure of waterways, trucks, and rails. The railroad-minded man is not a truckman. The waterway­minded man is not a rail man. This country has developed to a point in rail, water, and truck transportation where we must have these three services. I have no patience with any­one who says that two must die for the sake of the other­whichever two it may be. . The farmers must have cheap transportation. We must give it to them in some way. On the other hand, you can­not have transportation service unless it meets the conditions and the requirements of the shippers. These are paramount.

. If this rule will lead to something that is of benefit to the transportation agencies and their employees and result in giving the shippers of this country better service in the way of _quicker transit time and lower rates, we should everyone be for it. . I am not canceling out of my mind the r~ilroads. As I have said, we have to have them. We have to have the men on the railroads paid a fair and decent wage so they can maintain the service that the rails must give us in order to meet the shippers' requirements and hold their tonnage, and I hope that in the future consideration of any matters per­taining to transportation you will keep in mind the thought that the truck operator must be given peculiar consideration in behalf of the technical problems he must meet and like­wise, the waterway agencies and the railroads ~ust' have consideration for those problems they must meet. Require­ments of the shippers as well as the operating problems are all very different as between trucks, rails, and waterways.

I yield back the balance of my time, Mr. Speaker r Mr. O'CONNOR. Mr. Speaker, I move the· previous ques-

tion on the resolution. . The previous question· was ordered. The resolution was agreed to and a motion to reconsider

was laid on the table. . COMMITTEE ON MERCHANT MARINE AND FISHERIES

Mr. BLAND. Mr. Speaker, I offer the following resolu­tion, and ask for its immediate consideration.

The Clerk read as follows: House Resolution 130

· Resolved, That those Members of the House elected to the Com­mittee on the Merchant Marine, Radio, and Fisheries a.re hereby elected to the Committee on Merchant Marine and Fisheries and an records and papers of the Committee on the Merchant M~lne Radio, and Fisheries are hereby transferred to the Committee o~ Merchant Marine and Fisheries.

That all bills, resolutions, papers, documents, petitions, and memorials hereto~ore referred to the Committee on Merchant Marine, Radio, and Fisheries are hereby referred _to the Committee on Merchant Marine and Fisheries.

The SPEAKER. Is there objection to the present consid­eration of the resolution?

There was no objection. The resolution was agreed to.

. On motion of Mr. BLAND, a motion to reeonsider was laid on the table. AMENDING THE AGRICULTURAL ADJUSTMENT ACT WITH RESPECT TO

RICE

Mr. DRIVER. Mr. Speaker, I call up House Resolution 121.

The Clerk ;read ~ follows: House Resolution 121

Resolved, That immediately upon adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the state of the Union for consideration of H. R. 5221, a bill to amend the Agricultural Ad­justment Act with respect to rice. That after general debate. which shall be confined to the bill and shall continue not to ex­ceed 1 hour to be equally divided and controlled by the chairman and ranking minority member of the Committee on Agriculture, the bill shall be, read for amendment under the 5-minute rule. At the conclusion of the reading of the bill for amendment, the Committee shall rise and report the same to the House with such amendments as may have been ad.opted, and the previous question shall be considered. as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit, with or without instructions .

Mr. DRIVER. Mr. Speaker, the purpose of this resolution is to make in order H. R. 5221, reported unanimously from the Committee on Agriculture, which has for its purpose the applicatio~ of the processing tax to the production of rice.

Rice, by action of the House, was made a basic product in the administration of the agricultural adjustment bill. It was thought that it would carry out the parity principle through the marketing agreements which went into effect on October 1933 in which the producers of rice entered.

But it seems that during the time the agreement has been in operation there has gone into hands of the purchasers of rice and the act of many producers holding rice, until there is a surplus of 225,000,000 pounds.

The processing tax cannot be applied to rice before the 1st day of August. It is the desire of those interested in the production and marketing of rice that this processing tax shall be applied the 1st of March of this year in order that the product now held may be placed on the market and provide the benefit of parity price through the application of the processing tax.

Mr. SNELL. Will the gentleman yield? Mr. DRIVER. I yield. Mr. SNELL. I think that is the most important part of

the whole bill, and I wish the gentleman would be more explicit so that the average man can understand what he means by giving him the benefit, and how you are going to do it.

Mr. DRIVER. I did not intend to go thoroughly into the provisions of the bill at this time.

Mr. SNELL. If the gentleman prefers to do it later, that will be all right.

Mr. DRIVER. I would prefer to have that gone into by those in charge of the bill when the 'bill is offered for con­sideration.

Mr. SNELL. Very well . . Mr. DRIVER. I believe the House will not hesitate to

adopt the rule making in order the consideration of the bill because of its importance, and I will only advert to so much as will bring to the House the value and necessity of the legislation. .

The emergency which justifies the application of the rule on the part of the committee is a desire to enable the hold­ers of rice to place it on the market and dispose of it before the incoming of the crop this year. The quoted value today on blue rice, which is regarded as being about the average is 3 % cents per pound. Three and a half cents per pound is 1 cent less than the parity to which we have attained in the application to the basic crops which the Agricultural Department deals with, and, therefore, it is a matter of such importance that I feel the rule is justified, in order to give consideration to the holders of the rice purchased under the marketing agreement, and giving to them nothing but what they would be reasonably entitled to in the way .of _enabling them to reach the world market with the surplus of 225,000,000 pounds. Our production of rice is about 1,100,­ooo,ooo pounds. We use in a domestic way 700 000 000 pounds of rice. We have a small importation of rice' lar~ely because of a demand for a quality of rice dilferent from that which we produce. We have this surplus now on our hands amounting to 225,000,000 pounds. The operation of the tax will be fully explained to you by those who are inter­ested in the bill.

2632 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 Mr. MARTIN of Massachusetts. Mr. Speaker, it is not

my purpose to oppose the adoption of the rule as the legis­lation is entitled to consideration. I am opposed to the bill which the rule will make in order because I believe it is wrong in principle and means a rise in tax of some· $200,-000,000 to be placed upon the hard-pressed consumers of this country. The presence of this bill emphasizes liow once having started the vicious habit of a processing tax there is no end. Everybody wants to sh~re in what appears to be easy_ money. We will be continually confronted with new demands which will place further burdens upon the shoul­d~rs of the American people. The. end will not come until a suffering people, unable longer to bear the burdens, will revolt. · Every time you artificially force up the cost of living you do an injustice to those whose means remain un­cbanged, and particularly to t:P,e millions on the relief rolls who are obliged to do with less. I ·am of the opinion we are not going to help recovery by increasing the food bill of the people before there is recovery in their ·purchasing power. Neither do I believe in the destruction of crops, which are real wealth, as a step to recovery. ·These meas­ures may bring a little temporary relief, but in the end react to the disadvantage of those they are designed to rud. I do not object to the rule, but wish to . make my own position clear.

The SPEAKER. The question is on agreeing to the

the result of the combined judgment of the committee of both the growers and the processors, as well as that of the Department of Agriculture. The committee unanimously took the position that the only way you could effectually execute a rice program was to give complete control· to the Department of Agriculture through a proceSSing-tax pro­gram and, contrary to the view expressed a few moments ago by the gentleman from Massachusetts [Mr. MARTIN]

that this bill would cost the consumers $200,000,000, since we produce only one billion and a quarter pounds ·of rice in this country, and, approximately '150,000,000 of that being consumed here, the tax itself will amount to much less than $10,000,000. However, it is the opinion of the Department of Agriculture that the processing tax will in no way in­crease the present price of rice to the consumer, beCause for the last 2 years, by reason of the marketing agreement, the industry has been able to hold up the price of rice somewhere near parity. This program will in no way in­crease that price. The trouble with the agreement was that by reason of its ineffectivenes5 there were no speculative buyers, and the growers themselves were caught with their rice on band, and unable to move it. However, there will be no increase in the selling price of rice to the consumer, in my opinion, and in the opinion of the Department. Even the 1 cent a pound processing tax will not provide enough to bring ·rice up to its parity price. As I have just indicated,

resolution. the program here suggested is absolutely agreeable to all The resolution was agreed to. cooperating millers and cooperating producers in the rice-Mr. FULMER. Mr. Speaker, I move that the House re- producing sections of this country.

solve itself into the Committee of the Whole House on the There is no purpose to reduce the present rice production, state of the Union for the consideration of the bill (H. R. because during the last 5 years, by reason of economic con-5221) to amend the Agricultural Adjustment Act with respect ditions, that reduction has been taken care of. There was to rice, and for other purposes. · then a reduction in acreage and in production of some 20

The motion was agreed to. percent, and this will make it possible for the Department to Accordingly the House resolved itself into the Committee effectively stabilize the production we now have; and con­

of the Whole House on the state of the Union for the consid- trol it. eration of the bill H. R. 5221, with Mr. McMn.LAN in the Mr. SNELL. Would the gentleman care to yield for a chair. question at this point?

The Clerk read the title of the bill. Mr. MONTET. I yield. The CHAIRMAN. Without objection, ·the fust reading of Mr. SNELL. Under section 2 at the top of page 3 of the

the bill will be dispensed with. report there is mentioned: There was no objection. (2) The issuance of tax-payment warrants to growers who hold M JONES Mr Ch · I · Id 10 · t t th rough rice from the 1933 and 1934 crops and to milers holding r · · · · airman, yie mmu es 0 e stocks of rough rice which have been purchased at the prices speci-

gentleman from Louisiana [Mr. MONTET l. fied in the existing marketing agreements and licenses. These Mr. MONTET. Mr. Chairman, the reasons suggesting this warrants may be used in the payment of the processing tax or

proposed program for the' rice industry are briefly these: redeemed for cash by the Secretary o! Agriculture. After rice had been made a basic commodity in the .Agricul- Will the gentleman explain just what that means? tural Adjustment Act; the rice industry, which is localized in Mr. MONTET. To the best of my ability, I shall. There is four States, Louisiana, Arkansas, California, and Texas, as- just a small quantity of rice originating in 1933 and left on sembled and worked out a marketing agreement. With re- hand in the hands of the millers. Up to February 1 of this spect to this agreement, approximately 93 per~ent of the year there was left on hand a great quantity of rice carried weighted volume of all commercial mills became signatories over from the 1934 crop. As I said a ·moment ago, since this thereto, and approximately 7 percent of the weighted volume program has been initiated rice has been moving very rap­of these mills remained outs.ide of the agreement. Approxi- idly, that is, since the 1st of February. Some 3,000,000 bags mately 98 percent of the rice growers joined in the program. have been disposed of to the trade. There is probably a half However, by reason of having some '1 percent of the com- million bags left. The idea of these tax-payment warrants mercial mills not in the program, necessarily there followed is this: They are to be issued only to growers and processors considerable chiseling, which eventually wrecked the whole who cooperated under the agreement. The mills have on program. In other words, the stabilization of the rice indus- hand considerable rice for which they paid the marketing try through a marketing agreement proved ineffective. agreement prices. · There was no way to enforce it. That became obvious last Those prices are a great deal above the world price. It year, and the result has been that a good portion of last year's will take approximately this 1 cent a pound t.o compensate crop remained in the hands of the farmers. The mills were them for the difference, if they went out and sold the rice not willing to risk buying for speculative purposes, because at the world price. Hence, in order to compensate those they were fearful of the consequences by reason of the fail- processors and growers who cooperated, and in order to ure of the efficacy of the marketing agreement, and up to the bring them to the level of the world price, it is proposed time this program was worked out, most of the rice remained here that tax-payment warrants be issued to those growers in the hands of the farmers. They were unable to move it and processors, so that they will not suffer a loss by reason and great distress existed through the whole of the rice- of the fact that they cooperated under the marketing agree­producing area. We had some 4,000,000 bags of rice still left ment. in the hands of the growers because no one would buy for Mr. SNELL. Well, I should like to get some information speculative purposes. · about this. Suppose I am a miller and I paid a processing

Later the commercial mills and the growers themselves tax on rice of 1 cent a pound, and I am unable to dispose realized that something had to be done t.o save the situation. of that rice as I expected for a profit, or even to get my Committees were appointed from both the processors and money back. Now it is proposed by the terms of this bill erowers, and the -legislation presented to the Congress is that the Federal Government shall give me a tax-payment

1935 CONGRESSIONAL RECORD-HOUSE 2633 warrant back for that 1 cent, or, in other words, gives me a - a bill in Congress to say that the Federal Government will subsidy of 1 cent a po'und on what I did not sell, and I can give back that 1 cent a pound that they will lose on this cash that with the Secretary of Agriculture. Is that correct? rice. Is that not the fact?

Mr. MONTET. Yes, sir; or it can be used in the payment Mr. MONTET. No; it is not. of future processing taxes. Mr. SNELL. Just explain it to me. The other gentle-

Mr. SNELL. But the Federal Government, then, is sub- man said it was. sidizing these people 1 cent a pound on rice they did not Mr. MONTET. As was explained by the gentleman from sell. Arkansas, the only people who will receive tax-payment

Mr. MONTET. To that extent. certificates will be those growers and processors who coop-Mr. MILLER. Will the gentleman yield to me? erated under the marketing agreement; and under that The CHAIRMAN. The time of the gentleman fr~m Loui· marketing agreement the market price of rice was held up

siana [Mr. MoNTETJ has expired. to a certain level. If these processors who accumulated Mr. JONES. Mr. Chairman, I yield the gentleman from tha·t rice were to go on the market today and sell that rice

Louisiana 2 additional minutes. for which they paid marketing agreement prices they would Mr. MILLER. Will the gentleman yield? lose approximately a cent a pound, for the prices they paid Mr. MONTET. I yield. are approximately a cent a pound above the present world Mr. MILLER. The tax-payment certificate only goes· to market.

the miller or processor or owner of the rice that was produced Mr. SNELL. I agree with the gentleman fully. As a in 1933 and 1934, which paid the contract price. He has not matter of fact when they bought that rice they expected paid the processing tax on that rice, however, but in order to make money on it. to equalize his situation with the situation of the new crop, Mr. MONTET. Necessarily so. it is necessary to issue these tax-payment certificates be· Mr. SNELL. But because they did not they are asking cause he has ~ good faith complied with the marketing Congress to assume the loss. I think that is a pretty logical agreement. explanation of the bill.

Mr. SNELL. Now, can the gentlemen tell me by what Mr. MONTET. I do not think the Government is to be out theory of government that is done? suppose I bought some- one cent under the operation of this bill. thing last year and I paid too much for it and I cannot sell Mr. SNELL. Who is to pay this? How will the Secretary it, then I can go to the Federal Government and the Federal of Agriculture get the cash with which to pay it? Government will give me the amount that I paid last year. Mr. MONTET. Not a cent is to be paid out of the Treasury What new theory is that? I certainly never heard of this for it. being done before. Mr. SNELL. Where does the money come from, then?

Mr. MILLER. It is no new theory. Mr. MONTET. The Government will issue tax-payment Mr. SNELL. Have we been doing that before? certificates just on that rice produced or bought last year Mr. MILLER. Yes. and for which an agreed price was paid, which was about a Mr. SNELL. Where? cent higher than the world price today. This extra 1 cent Mr. MILLER. This simply equalizes the position of the per pound is needed to bring it up to the price they paid

man who has cooperated in good faith. under his agreement) for it. with those who have not cooperated and who will receive Mr. SNELL. · If we do this for those who bought rice, why the benefit of this act, by the processing tax of 1 cent. is not the man in my community who bought dry goods last

Mr. SNELL. I may be dull but I do not understand the year and paid processing taxes, but who, because of conditions gentleman. I bought this l~t year with the intention of of business, was not able to dispose of those goods at th~ price selling it, did I not? I hoped to make a profit,· but business he paid for them, not entitled to come to the Government was such I could not. today and get relief?

Mr. MILLER. Yes. Mr. MONTET. I am not prepared to tell the gentleman Mr. SNELL. And I was not able to sell it. It was a mere that he would not be; but we are dealing with rice.

marketing agreement. I was in business. I could not sell it. Mr. SNELL. That is a very broad statement; and it bears Now I am asking the Federal Government to pay me the out my contention that this ~ a bill s~ply to subsi~e those difierence between what r paid last year and the market who bought and produced rice and did not get therr money price today. Is there anything wrong with my statement back. so far? Mr. MONTET. No more so than many other subsidies that

have been given to the interests of the gentleman's district in the East and those of other eastern and northern States. Mr. MILLER. Not as far as it goes; no, sir.

Mr. SNELL. Well, that is what I want to know. Mr. MILLER. But it does not go far enough. Mr. MONTET. It eliminates the payment of any tax on

rice produced in 1933 and 1934. It is an exchange between the Government and the processor or holder of the rice.

Mr. SNELL. Why is it any exchange? I have not paid the Government anything. The gentleman says I have not paid the processing tax. To my mind it is simply a gift by the Federal Government of 1 cent per pound to the holders of the balance of the 1933 and 1934 crop.

Mr. MONTET. I will state to the gentleman the -reason why it would- not be unfair.

The CHAIRMAN. The time of the gentleman from Lou­isiana [Mr. MoNTET J has again expired.

Mr. SNELL. Well, Mr. Chairman, I want 5 minutes. I want to get some information about this matter.

Mr. HOPE. Mr. Chairman, I yield 5 minutes to the gen­tleman from New York [Mr. SNELL].

Mr. SNELL. I desire to ask the gentleman some further questions in order to get some information about this.

It seems to me from reading the report and from what the gentlemen have said, that these people own this rice. They bought it last yea..r, say, at 4 cents a pound. Today they can sell it for not more than 3 cents; so we are passing

Mr. SNELL. If the gentleman can point out any one case of subsidy comparable with this, I should like to have him do it.

Mr. MONTET. The farmers of the country, if the gentle .. man calls this a subsidy, are just having done for them a small portion of the justice they have been justly clamoring for for generations, and in no way measures up to the sub­sidies which in the past have been paid to special interests in that section of our country from whence the gentleman comes.

Mr. SNELL. The gentleman refuses to answer my ques­tion. It cannot be answered. I yield time to any gentleman on the majorjty side who thinks he can answer the question. No one asks for time. It cannot be answered.

Mr. MONTET. I would be glad to answer any question relative to the bill.

Mr. SNELL. If I have asked a question that is not relative to the bill I apologize. I have the floor; I yield to anybody who can answer me. It cannot be answered.

Mr. MONTET. I think the gentleman has been answered.. Mr. HOPE. Mr. Chairman, I yield 3 minutes to the gentle­

man from New Jersey [Mr. WOLVERTON]. Mr. WOLVERTON. Mr. Chairman, I have asked for this

tlme in order that I may direct two or three questions to the

2634 .CONGRESSIONAL RECORD-HOUSE ~EBRUARY 26 gentleman from Louisiana [Mr. MoNTETl, if he is willing to answer them.

Is the legislation proposed by this bill perm.anent or tempo­rary in character?

Mr. JONES. I will say to the gentleman from New Jersey that this legislation is simply some changes to the Agricul­tural Adjustment Act, which legislation will last for the emergency. This, therefore, is of the same duration as the emergency legislation, the Agricultural Adjustment Act, which may be ended on proclamation by the President that the emergency has ended.

Mr. WOLVERTON. Is any definite time fixed in the bill as a limit for its duration?

Mr. JONES. There is no definite time fixed in the bill. Mr. WOLVERTON. Is it left entirely to the discretion of

the President to determine when the emergency has ceased? Mr. JONES. Within the discretion of the President unless

the Congress before that time repeals the act. Mr. WOLVERTON. Under the provisions of this bill it is

then left to the discretion of the President to determine when the emergency has ceased to exist?

Mr. JONES. Under the original Agricultural Adjustment Act that is true, and this is an amendment of that act.

Mr. WOLVERTON. Would the gentleman approve legis­lation of this character as permanent legislation?

Mr. JONES. I think I would prefer to cross that bridge when I get to it. I do not think all of this emergency legis­lation is perfect in character, but I do feel that it has accom­plished much good, and I think as we go along still more good will be accomplished. It is just like the transition of the automobile or any line of industry; things· are perfected as they go along. Were the gentleman to go down to the Smithsonian Institution and look at the first automobile he would hesitate a long while before starting in it to Balti­more; but they did not quit with that car simply because it was not perfect.

Mr. WOLVERTON. Does this legislation set up any stand­ards to guide or control the President in determining when the emergency has ceased to exist?

Mr. JONES. The original act does that; this is part of the original act.

Mr. WOLVERTON. What are the standards? Mr. JONES. The parity price. It was recognized by every

man in America who had studied the question that one of the chief causes of the condition in which we found ourselves was the paralysis that had resulted by virtue of the reduced purchasing power of the farmer. The act automatically becomes ineffective as to any commodity as of the date the parity price is reached.

[Here the gavel fell.] !\tr. HOPE. Mr. Chairman, I yield 2 additional minutes

to the gentleman from New Jersey. :M:r. JONES. On any of these commodities the processing

tax practically ceases. Mr. WOLVERTON. Is rice now on the floor of processing

houses subject to this tax? Mr. JONES. No; and that is one of the reasons they

want these changes. They could levy this same taix without this bill, but there are some peculiar features about rice which made them want to make some changes applicable only to rice. It does not change the other features of the bill.

This permits the tax to go on before the beginning of the present marketing season a;nd not have the benefit paid until a new season comes in, thus avoiding the floor tax.

Mr. WOLVERTON. My question is based on the assump­tion that those engaged in processing have at the present time stocks of rice on hand. It is for that reason I am asking whether this bill upon its enactment would affect that rice by the placing of this tax upon it?

Mr. JONES. It is my understanding it will not be taxed. These transfer warrants, as I understand it, are simply tax­paying warrants. The money collected goes into the Treas­ury. All of these m31jor programs so far have been self­supporting. The Treasury is not going to pay out anything actually.

Mr. WOLVERTON. In the event a processing house shall purchase imported rice, would such rice be subject to this processing tax?

[Here the gavel f ell.J Mr. HOPE. Mr. Chairman, I yield the gentleman 1 addi­

tional minute. Mr. JONES. I would rather one of these other gentle­

men answer that question, but I will give the gentleman my impression if he desires. I understand all foreign goods will be subject to the compensating tax. That is my under­standing of its operation.

Mr. WOLVERTON. In addition to the present tariff duty? Mr. JONES. This has no bearing on the tariff. It may or

may not be subject to the tariff, but whatever it is, this is in addition.

Mr. WOLVERTON. There is a tariff duty at the present time on rice. I am therefore inquiring whether this pro­posed processing tax will be in addition to the present tariff duty now paid upon imported rice?

Mr. JONES. Yes; and this is in addition to whatever tariff there is. This is a compensating tax for this particu­lar item and it is added on whether there is a tariff or not.

Mr. WOLVERTON. This goes far beyond the explana.tion given by the gentleman from Louisiana.

Mr. JONES. No. That particular feature is in practically · all of the provisions of the original bill covering basic com­modities; at least that power exists.

Mr. WOLVERTON. Will this bill have the effect, as other legislation of similar character, of increasing the price of the commodity to the ultimate consumer?

Mr. JONES. That will altogether depend. I understand the present price of rice is something like satisfactory, and it probably will not increase the price materially.

Mr. WOLVERTON. Upon what theory does ihe gentle­man feel this will not increase the price to the consumer when similar legislation has already done so with respect to other commodities subject to the processing tax?

Mr. JONES. Well, similar legislation has not inereased materially the price to the consumer. Other conditions and other legislation and codes are more responsible for those increases. I think in some degree those things have nulli­fied the provisions of this act, but that is another story alto­gether.

[Here the gavel fell.] Mr. JONES. Mr. Chairman. I yield myself 1 minute. Mr. Chairman, there is heard frequently the suggestion

that the processing fees have vastly increased the price paid by the consumer, but that is not correct. If you will analyze the additional cost involved in the processing fees, you will find that it amounts to so little that it will not be noticeable. Some excuses have been made, but other legislation, I be­lieve, and other matters have had more to do with the gen­eral price level of :finished articles. A great many people believe that some increases were essential so far as various commodities were concerned. The additional raw material cost in the various manufactured products made from basic items of the farm does not amount tO enough to bother anyone.

Mr. SHORT. Will the gentleman yield? Mr. JO~"'ES. I yield to the gentleman from Missouri. Mr. SHORT. The processing tax on cotton has doubled

the price of overalls. Mr. JONES. Oh, no. The processing tax on cotton has

not increased the price of the finished overalls more than a few cents per pair. According to the Consumers' Counsel there are 2.2 yards of denim or 2.06 pounds of cotton in the average pair of overalls. The processing fee on cotton is 4.2 cents per pound. 'lb.is would make an increased. raw mate­rial cost of less than 9 cents per pair of overalls on account of the processing fee. According to the same authority the average price of overalls in July 1933 was $1.09. The aver­age price in January 1935 was $1.59-22 cities. The rise includes not only the processing fee but increase in the price of cotton, in cost of manufacturing. salary to textile workers, and other costs.

1935 CONGRESSIONAL RECORD-HOUSE 2635

· Mr. SHORT. May I say that in northern Arkansas a year ago the farmers received from $18 to $20 an acre for· not planting cotton, and on some of those acres you could not grow enough cotton to make a shirt tail

Mr. JONES. Mr. Chairman, I refuse to yield further. The gentleman does not want information. He wants to argue, even in the face of facts.

As a matter of fact, the actual price of the cotton in a pair of overalls at present prices is not as much as 30 cents, and the raw material cost of the cotton in a cotton shirt is less than 8 cents.

Mr. SHORT. A certain quality and brand of overalls you could buy for 75 cents before the processing tax was put on today costs $1.35.

Mr. JONES. Well, if the gentleman wants to go back to the conditions which prevailed at the time he speaks of, he can go alone. I know of no one who wants to go with him.

Mr. SHORT. I am telling the gentleman the situation in Arkansas. I do not know bow it is in Amarillo.

Mr. JONES. The gentleman states that is due to this act, but it is not true. I invite the gentleman to come to Amarillo.

[Here the gavel fell.] Mr. JONES. Mr. Chairman, I yield 3 minutes to the gen­

tleman from Arkansas CMr. McCLELLAN]. . Mr. McCLELLAN. Mr. Chairman, the major part of the

rice-growing section of Arkansas is in my district. I do not happen to live in that particular section but I am familiar with some of their problems.

It is the purpose of this industry, of course, to cooperate with the Government in its program. This they have been seeking to do. Since the enactment of the Agricultural Adjustment Act they have been trying to operate under a marketing agreement. Generally, they have complied with this agreement. They entered into it in good faith and have sought to comply with it. By reason of its being a voluntary agreement, those who did enter into it reduced their acreage in an attempt to reduce production so as to raise the price. There are others who did not enter into this agreement and who have not cooperated with the Government. · This bill is for the benefit of those who have undertaken to cooperate with the Government in its program. As a result, under the marketing agreement, with the price fixed by the Secretary of Agrtculture, the price has been materi­ally upheld, but now you a.re faced with this situation. Those who undertook to, and did market their rice, who were not cooperating with the Government, have been able to sell and dispose of theirs. Those who have cooperated in good faith. many of them have not sold their rice and the rice is in the hands of the producers.

Now, in order to make this act operate so as to protect all alike and to benefit and sustain those who have tried to cooperate with the Government in its recovery program, they now propose this processing tax so as to equalize these benefits.

The question was asked about this measure providing a profit to the miller who has purchased rice by reason of these tax certificates being issued to him. This is not true. He has already paid for that rice the price fixed by the Secretary of Agriculture and has helped to hold up the price, an1 it would be manifestly unfair and unjust to again put a processing tax on this rice that he has purchased, and for which he has paid the minimum price as fixed by the Secretary of ~OTiculture in an attempt to cooperate with the Government.

I may say that the folks in my section favor the enact­ment of this measure and I trust you will give it your support.

mere the gavel fell.1 Mr. HOPE. Mr. Chairman, I yield 5 minutes to the

gentleman from minois [Mr. DmKSEN]. Mr. DffiKSEN. Mr. Chairman, I think this is one of the

most amazing bills that has ever come before this House. They entered into a rice marketing agreement sometime last year for the ostensible and distinct purpose of holding up

LXXIX-167

the price. Now, some of the gentlemen ·down in the South­land who are rice growers and processors and millers co­operated with the program in order to hold it up, while others did not. However, there was nothing mandatory in the law which compelled them to cooperate.

They accumulated a lot of rice. A lot of the smart boys unloaded their rice and got the price while the getting was good and while there wa~ a market for it. There is now a lot -of rice down there, probably several hundred million pounds, that has not been disposed of, and they now find that the market has been sort of shut off or the market for rice has been more or less saturated. These gentlemen therefore are not going to realize the price they expected, and therefore after venturing into what is distinctly a specu­lative undertaking, they come to the Congress of the United States and say," Gentlemen, we may lose $10,000,000 on this deal, so we are asking that you pass legislation imposing a processing tax of 1 cent a pound on rough rice so that we may be reimbursed, or at least that we may be subsidized against this loss."

As I understand it, this is the way the situation appears in this bill. Now, they say, very naively, that you do not dip into the Treasury. Certainly you do not, but you are going to pay 1 cent a pound, or about $10,000,000, before this de­mand is liquidated, and who pays it? For the benefit of those few folks down in the South, the rice eaters in the various districts in Illinois, Pennsylvania, and Kansas, and every other state are going to pay it. They are going to pay it in every section of the country, and one might ex­plain it on the basis of insurance. For instance, it is just like all the people in the country undertaking to spread and absorb the burden of those who are going to lose money in a speculative venture down there, and I think in this respect the bill is essentially bad.

Now, there is a little item in the report which came with this bill which states this:

However, unless a plan comparable to the one embodied in thi.s proposed legislation is soon initiated which will stimulate buying, the grower probably will be forced to start making price con­cessions.

This tax must necessarily be added to the cost that the consumer is going to pay. Perhaps the cost of the process­ing tax in connection with co-tton, as discussed a moment ago, is not refiected very largely in cotton goods, but if rice sells for a nickel a pound and you add this tax, that tax adds 20 percent more, which you are adding to the consump­tion cost imposed upon the people everywhere in this country.

How is it going to work out? You are going to set up a sales resistance, the same as we have at the present time in connection with pork. I was in Chicago last Saturday, and I found there was a consumers' strike everywhere and that they had actually processed fewer hogs that day than they had at any time in the last 5 years, and why? It is not very difficult to understand. Here is a working man making $17 a week, which is the present general wage of many industries in my State at the present time. He has just so much, namely, $17 or $16 or $18, which must be budgeted for food, clothing, and rent. Rents go up a little bit, and he has to squeeze off of the clothing and the food allowance in his family budget. Then if prices go up, as in the ca.se of pork chops, where the price has risen from 18 cents a pound to 28 cents in the butcher shops of Illinois in the last 6 or 7 months, it means he can eat pork chops perhaps once a week, whereas otherwise he would eat them twice a week. The result is an immediate curtailment of consumption, a drop in bulk-sales volume, and a recession in production of consumers' goods.

I do not blame this on the processing tax, but this is what you have to bear in mind: There is always a certain psychol­ogy that goes along with this. If processors get a chance to add 1 cent for processing tax, they may also get a chance to exploit the market and add 2 cents, and the other cent is put in their pockets by way of profit, and this is what often happens in connection with a measure of this kind. Here is a fixed family budget, and here are folks whose wages

2636 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 are barely enough to subsist them, and if you pass legisla­·tion resulting in rising prices, the result is what? A buyers' mike similar to what you are having at the present time With respect to so many products. The report of the Con­sumers' Council of the A. A. A. is eloquent of the rise in the cost of living, and soon the high cost of living will become an outstanding problem.

So consumption goes down, and then what about this e>bservation I have referred to in the report? Instead of .stimulating purchases, instead of stimulating consumption, JOU have simply set up a factor that is adverse to and re­tards consumption and you defeat the whole purpose of the bill. I think it is a bad bill. [Applause.] . Mr. JONES. Mr. Chairman, how does the time stand?

The CHAIRMAN. The gentleman from Texas has 7% minutes remaining, and the gentleman from Kansas, 14 minutes remaining.

Mr. HOPE. Mr. Chairman, I yield 4 minutes to the gen­tleman from Wisconsin [Mr. BorLEAUJ.

Mr. BOILEAU. Mr. Chairman, I think it is important to realize in this connection that the rice producers in the South have in the last 2 years tried to some extent to stabilize their own industry by causing a material reduction ()f the acreage of rice. Tho~e who came before the committee in support of the

bill stated that there has been a reduction of about 20 per­cent in the acreage of planted rice during the last 5 years. It is important to note that some of the reduction took place as the result of the tendency on the part of the growers to reduce production. Only a small part was affected last year during the operation of the marketing agreement. But It shows conclusively that some interest has been taken during the last 2 years in the profitable growing of rice, and for that reason they have reduced production year after year, until they have taken a good deal of land out of rice production.

I believe if we enact this legislation it will have the effect t>f stabilizing the industry. I am satisfied that if they have the acreage down to where it ought to be, the result will be beneficial. If we are to do anything that would tend to increase the price of rice without having some control over the amount of acreage, the benefits that would accrue as the result of this program would be lost, because the program would defeat itself by increasing the production. I believe It will have the effect of increasing and keeping the price of rice up where it belongs.

So far as I know, there is no opposition to this bill on the part of the producers. It seems to meet their approval. They feel that it will help their industry, and I am con­vinced that if we can help the industry and not increase the cost to the consumer, we should do so.

The suggestion has been made that the operation of the bill might cause some drain on the National Treasury. I must say that the processing tax to be levied on the domes­tic and foreign production of rice, that is rice consumed in this country, will provide a sufficient amount in the form of revenue to take care of any expenditures that might be incurred by the Department of · Agriculture, as a result of the operation of the Act. I do not believe the result of this act will cause any drain on the Federal Treasury. I believe it to be self-sustaining and that it will be self-supporting. I for one want to join those men from the rice-producing States in asking Congress to approve the legislation.

Mr. HOPE. Mr. Chairman, I yield 5 minutes to the gen­tleman from Michigan [Mr. CRAWFORD J.

Mr. CRAWFORD. Mr. Chairman, a great many curses are flung at the processing tax, from the standpoint of rais­ing prices to the consumer. I think it enters into the price that the consumer has to pay, and I think the N. R. A. code has a great deal to do with it. I think a lot of other things have to do with the price the consumer has to pay. At the same time I cannot, after a lot of study and some experi­ence, reconcile myself to the belief that the processing taxes are the salvation of the rice grower, the sugar grower, or any other farmer of the United States. When the price of the processing tax is placed on rice, it will work out

something like this, and if I am not correct I wish some rice· nian would correct me. Once this goes on and you start shipping out rice, rice is billed to the wholesale jobber at, we will say, 2% cents per pound-100 bags of 100 pounds each, say-$250. On the bottom of that invoice there will probably be, "Plus processing tax, 1 cent per pound, $100." The retaHer receives that invoice from the wholesale jobber. He looks at the invoice and he says, " I shall mark up the price of rice." He will probably mark it up 1 % cents in addition to the price he would have marked it up in the absence of the tax, and when the consumer comes in and says, " What's the matter with rice, that it is up a dollair and a half a hundred", he will say, "We had to put on a processing tax." When that takes place the consumer will start looking around for potatoes or some substitute for rice and the chances are that he will shift away from the consumption of rice, but if the consumer takes it, he will undoubtedly pay an additional price for the rice over what he pays at the present time.

I agree with the gentleman from Illinois [Mr. DIRKSEN] in the uniqueness of this bill. I cannot understand why the rice producer and the friends of the rice industry should come in here and ask that a provision of this kind be placed in the bill. Tbe remark has also been made that this will probably not reduce the acreage of rice at the present time. If there is a surplus and if the price of rice is now 1 cent per pound over the world parity and if the farmers are now clamoring for loans with which to finance their 1935 crop, what will happen to the surplus of rice which will result from the 1935 crop when the surplus coming there­from is added to the surplus at the present time? Is there any rice man here who will answer that question for me, if he cares to answer it? I want to know what they propose to do with the surplus of rice that will come from the 1935 crop when it is added to the 225,000,000-pound surplus which you have at the present time?

Mr. DEROUEN. I think the gentleman is not well in­formed. There is no surplus. We are trying to protect the farmers. The big institutions today are not buying the raw material and the farmers are holding it. This is a farmers' bill.

Mr. CRAWFORD. You had a marketing agreement, and from that remark I would take it that the processors of rice have rigged the marketing agreement to the end that the grower of rice holds the bag and the rice.

Here is another thing I want to drop in at this time. Under what kind of a marketing agreement does the grower of rice now sell his rice to the processor? Take these farm products and analyze them carefully, and you will find that in most every case the processor has a way of buying the raw goods from the farmer on some kind of a purchasing contract which does not give the farmer a square deal.

One needs only to refer to the purchasing contracts which run between milk producers and processors, rice pro­ducers and processors, wheat producers and wheat proc­essors, corn, hog, beef, wool, sugar beets, and many other farm-crop producers and processors to have sufficient proof to remove all doubt about this statement of fact. When farm products have the last few years been selling at starva­tion prices to farmers the operating profits of processors have been mounting. The farmer is an unorganized vender or seller of his labor in the form of farm products. He does not receive the benefits which flow from protection on fann goods simply because he sells those goods on the wrong kind of a sales contract running between the farmer and the processor. There is nothing in " processing taxes " to cor­rect this fundamental wrong. The processing tax and par­ity-payment procedure takes the parity price away from the consumer and in most cases permits the processor to lower the amount he pays to the farmer. This is because the farmer is in a way" guaranteed parity" by the Government which collects the sum through assessment of the processing tax to the consumer. Where will the farmer be when the processing taxes are no longer assessed and benefit payments cease? What the farmer should do is to place h1mself ll?­position to force the processor to pay the farmer a reason-

1935 CONGRESSIONAL RECORD-HOUSE 2637 able share of the market value which the processor receives for the goods. Any program which fails in this respect is unfair and unsound to the American farmer an"Ci co~umer and discriminates in favor of the processor. The processor reasons that if the Government and consumer is to pay the farmer parity, why should the processor pay a reasonable price for the raw far.m products . . These are the cold facts we as a Congress face, and the farmers of this country ex­pect us to pass a law now and then which protects them in the sale of their .goods to the processors and which gives the farmer cost plus a profit for his goods the same as N. R. A. protects the processor.

The CHAIRMAN. The time of the gentleman from Mich­igan has expired.

Mr. JONES~ Mr. Chairman, I yield 4 minutes to the gen­tleman from Colorado [Mr. MARTIN].

Mr. MARTIN of Colorado. Mr. Chairman, I am not familiar with the mechanics of this particular bill ai;id had not intended to ask any time on it until I was struck by statements of the gentleman from Louisiana CMr. MoNTET] explaining why their rice-marketing .agreement under the Agricultural Adjustment Act had failed.. It had failed. as I recall his statement largely due to the fact that about 2 percent of the growers and about 7 percent of the proces­sors would not sign up, and that recalled .an experience that I had extending over a period of a year with another agri­cultural commodity, to wit, edible beans.

Rice is a big agricultural industry in Louisiana. Wheat ls a big agricultural industry in some other sections. Out in the Rocky Mountain section and in some of the other sections of the country, beans constitute a great agricul­tural commodity, ranking seventh in value in my State among agricultural commodities in the way of importance. I carried on a campaign for almost a year to get something done for edible dried beans, particularly the pinto bean pro­duced in the Rocky Mountain region. I initiated and car­ried on a campaign that resulted in bean buying on the part of the Government. When that failed to help the market, due largely to the way it was handled, we started to get a marketmg agreement. We worked on that for months.

We held State hearings, we held regional hearings, and we held national hearings embracing all bean-growing areas, until finally there wa.s produced what the officials down in the A. A. A., handling these agreements and processing-tax ' matters, said was the finest marketing agreement ever worked out under the Department of Agriculture. It did not get as far as the rice agreement~ which was wrecked by the chiselers and hold-outs and bootleggers. They failed to sign up because the retailers held out for fixed margins and fixed resale prices, f:l,nd meanwhile the drought came along and wiped out the 1934 crop, and sent beans sky-high, ana made a lot of the growers feel that they could get an they wanted for their beans without a marketip.g agreement, and, therefore, it was not entered into. But a good crop year will break the market down, just as it was broken down by form~r surpluses. Due to that failure to get a marketing agreement I have introduced a bill making edible beans a basic commodity, and that is why I am on the floor now, calling this matter. to the attention of the Committee on Agriculture and its chairman. Potatoes were mentioned a moment ago. A potato bill has been introduced. It is my opinion, Mr. Chairman, that agricUlture in this country has to be regulated. The farmers must regulate the output and marketing of their products and stabilize prices if they ex­pect to preserve the agricultural industry in this country and get anything out of it. It is the farmer who needs this protection. The big packers do not go broke. The big ele­vator men and the big mill men do not go broke. All of these big organized interests in Chicago, Kansas City, and St. Louis. which make millions out of the farmers, do not need this legislation. They do not need legislation setting up quotas, regulating production, imposing processing taxes, which is only a part of the mechanism and not the objective of the thing. They will get by. They always have gotten by. It is the farmer who goes broke and always will be broke

until he gets some regulation of his industry, and the Gov­ernment through this legislation is simply showing him the way. Apparently this is the only way now it can be done. The farmer has nothing to risk on this legislation; he is already broke.

The CHAIRMAN. The time of the gentleman from Colo­rado (Mr. MARTIN] has expired.

Mr. JONES . . Mr. Chairman, I yield such time as he may desire to the gentleman from Louisiana CMr. DERouENJ.

Mr. DEROUEN. Mr. Chairman, I shall not be able to· speak long or stand long. I am just out of the hospital, as most of you know. I have made a careful study of this .bill It meets the approval of all growers of the States of Cali­fornia, Texas, Arkansas, and Louisiana, as well as the .ap. proval of the millers and the processors. In fact, all parties interested in rice and the processing of agricultural products have approved of this bill. I am asking you to help pass this bill today in order to restore to the farmers a parity price. It will not raise the price, as many seem to think. It will not create that condition.

Mr. Chairman, H. R. 5221, the proposed amendinent to the Agricultural Adjustment Act, has been developed in a, series of conferences with the rice section of the A. A. A., rice growers and millers, and other Congressmen interested in the growing of rice, and the proposed legislation represents the views of the rice industry as to changes desirable to meet an increasingly critical situation in the rice industry.

To this end this bill proposes to attain three principal objectives, to wit:

First. To maintain prices at present levels throughout the remainder of this marketing season.

Second. To move the surplus of rice from the 1933-34 crops into the channels of trade.

Third. To permit a change from a marketing-agreement program to a production-adjustment program in such a mari­ner as will avoid any adverse effect on the interest of grow-ers or the trade. .

This bill proposes .spetjfically, first, the levYfng of a proc­essing tax beginning March 15, 1935. .Without such a pro­vision in the law a processing tax could not be made effective until the beginning of the next marketing year, August 1, 1935. Second. The issuance of tax-payment warrants to growers who hold rough Iice from the 1933-34 crops and to millers· holding stocks of rough rice which have been pur­chased at the prices specified in the existing marketing agreements and licenses. These warrants may be used in the payment of processing taxes or redeemed for cash by the Secretary of Agriculture. Third. The elimination of a floor­stocks tax on clean rice now in the hands of millers, jobbers, retailers, or others in the trade who have stocks on hand in order to exempt from the tax all old-crop rice for which the marketing-agreement price has been paid.

If the plan proposed in this bill operates as may be reason­ably expected, it would mean that surplus stocks of 1933 and 1934 crops will have moved into foreign consumption at world prices and the growers will not be carrying heavy stocks of rough rice as they enter upon a program of production adjustment with benefit payments to cooperators. ,

The continued holding of large stocks by the growers instead of the trade would probably mean that. the grower soon ·would be compelled to sacrifice his rice at lower prices. While from the point of view of the market, supplies are not of unmanageable proportions, from the point of view of the growers, his unsold rice is becoming a distressing problem. Creditors are pressing for the payment of loans made for 1934 production purposes and the farmer will soon need funds to plant his 1935 crop. There is increasing pressure to liqui­date his 1934 -rice, and, it should be emphasized, while some growers have sold all of their rice, others have not sold a bag.

Prices to gr'owers through the marketing agreements have been maintained at satisfactory level. However, unless a plan comparable to the one embodied in this proposed legis­lation is soon initiated-which will stimulate buying-the grower probably will be forced to make price concessions. When price concessions are begun, it is believed there is a grave .Po~bility of the price structure collapsing, in spi~

.2638 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 ·of provisions of the marketing agreements, which are de­signed to effect stability in price. The late seller-the grower who did not immediately market his rice but held it, to mar­ket it in an orderly manner-will be penalized.

The necessity for dealing with rice in the manner proposed in the bill lies in the fact that prices have been maintained during the current marketing season through marketing agreements and licenses at a level almost 1 cent per pound above world prices. In order to move the surplus into the channels of trade, it would probably be necessary to either

. terminate the marketing . agreements and licenses at the

. effective date of the processing tax or . reduce the prices specified in them. In either case it is e~pected that the mar­ket price would decline to woTld-price level. If growers should not receive . tax-payment warrants covering unsold rice, they would receive only the market price, which would mean that those growers who had not sold prior to that time would receive substantially less than those growers who had sold. This would be unfair and inequitable.

Unless the floor-stock tax is eliminated and millers are issued tax-payment warrants covering rough rice purchased ·at prices specified in marketing agreements and licenses, practically no purchases would be ma~e until the effective date of the tax. This would result in disorderly marketing conditions and would affect growers' interests adversely, and it would also penalize those millers holding large stocks of rice. Should a floor-stock tax be collected in the rice indus­try, the costs of the particular lots of rice held by millers and others in the trade at the time the processing tax becomes effective would be substantially more than the cost of rice sold by them prior to and purchased by them following the effective date of the tax.

Of course, only the cooperating farmers will receive the benefit payments from the processing tax. [Applause.]

Mr. HOPE. Mr. Chairman, I yield myself 5 minutes. Mr. Chairman, this bill does not involve the establishment

of any new principle or even the extension of an existing principle as far as farm legislation is concerned. Rice is a basic agricultural commodity at the present time. It would be possible to put a processing tax on rice without this leg~lation or any legislation, but there are certain unusual situations in the rice industry which make it advisable to put into effect a variation of the processing-tax plan which has been applied to other commodities. Hence this bill.

Now, this is the situation with reference to rice that was presented to our corru;nittee: There has been a marketing agreement by which the price of rice has been increased considerably above what it was prior to the time that agree­ment was put into effect. That agreement has kept the price in this country approximately 1 cent a pound above the world price. We have exported considerable quantities of rice in the past, and because we have had this fixed price, higher than the world price, there has been a con­siderable decrease in our exports of rice. While there is no burdensome surplus at present, as long as that condition continues there is danger of piling up a supply which will vitally affect the price to the grower. The processing tax offers the best solution of that problem, because under the processing-tax plan you can have a domestic price equal to the world price, plus the processing tax, and you can sell the surplus on the basis of the world price. That is the advantage, as I see it, that this plan has over the market­ing plan which has been in effect.

Iri addition to that, this plan will probably be more eff ec­tive in controlling the acreage and production of rice, be­cause under the marketing agreement there have been a few who have not cooperated, yet they have gotten the benefit of the plan. Under the processing-tax plan those who do not cooperate do not get the benefit of the plan. There is no reason to believe that this measure will increase the cost of rice to the consumer, because the bill itself fixes the process­ing tax at 1 cent a pound until July 1, 1936, and that is ap­proximately the amount that the present price is above the world price. So this legislation in itself should not and will not, in my judgment, increase the price of rice to the con­sumer. There may be some other factor which will do that

within the next year, but I do not believe we can fairly say that this legislation in itself will do so. It seems to me only fair, in view of the fact that we have put the processing tax in effect on other commodities that we should use it for rice, which is an important crop in four of our States. Further­more, the processing tax which is fixed in this bill will not of itself bring the price of rice to parity.

My view of the matter is that as long as a processing tax does not bring the price of an agricultural commodity up to parity that we need not worry very much about the effect of that. tax on the consumer. If the processing taxes were to put a load on the consumer and drive prices above parity, then we might well become concerned, but not until then.

[Here the gavel fell.J The CHAIRMAN. All time has expired. The Clerk will

read the bill for amendment. The Clerk read as follows: Be it enacted., etc., That subsection (a) of section 9 of the Agri­

cultural Adjustment Act, as amended, is further amended by striking out the com.ma after the words •• except that " in the second sentence and inserting in Ueu thereof the following: "(1) "; and by striking out the period at the end of said second sentence and inserting a comma and the following: " and ( 2) in the case of rice, the Secretary of Agriculture shall, before March 1, 1935, proclaim that rental or ·benefit payments are to be made with respect thereto, and the processing tax shall be in effect on and after March 1, 1935."

Mr. JONES. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. JoNF.S: On pages 1. 2, 6, e.nd 7 where

the word " March 1 " appears, insert " March 15."

The amendment was agreed ·to. Mr. JONES. Mr. Chairman, there are a great many more

or less formal and clerical amendments which were adopted in the committee. It was intended that the bill should be reintroduced. But this was not done.

I now ask unanimous consent that the bill be read as amended and that unless a question is raised as to an amendment, that the language in each paragraph as amended be considered the language of the bill.

This procedure is a little unusual, but I can see no objec­tion to it. If any Member wishes to raise an objection to a particular amendment the objection can be considered when the amendment is reached in the reading of the bill. I make this suggestion only in the interest of saving time, for there are a number of correcting amendments.

The CHAIRMAN. The gentleman from Texas asks unani­mous consent that the bill be read in the manner indicated. The Chair may suggest for the information of the member­ship that the amendments may be read or attention may be called to any particular amendment.

Mr. JONES. I do not mean committee amendments we may offer from the floor. I refer to the amendments that are indicated in the printed bill; and if any Member desires to object or raise any question about any such amendment, the agreement will not apply to the amendment.

I ask unanimous consent further that the RECORD show the committee amendments.

'!'he CHAIRMAN. The gentleman from Texas asks unan­imous consent that the amendments be incorporated in the RECORD.

Is there objection to the request of the gentleman from Texas?

There was no objection. The committee amendments referred to are as follows: On page 2, line 19, after " pound " and before the comma insert

" of rough rice." On page 2, line 19, strike out .. thereof" and insert in lieu

thereof " of such rate." On page 2, strike out line 25 and lines 1 to 5, both inclusive, on

page 3, and insert in lieu thereof the following: "rice, the weight to which the rate of tax shall be applied shall be the weight ot rough rice when delivered to a processor, except that where the producer processes his own rice the weight to which the rate of tax shall be applied shall be the weight of rough rice when delivered to the place of processing."

On page 3, strike out lines 16 to 24., both inclusive, and lines 1 and 2 on page 4, and insert in lieu thereot the following:

"(A) The term 'rough rice' means rice in that condition which 1s usual and customary when delivered by the producer to a processor.

1935 CONGRESSIONAL RECORD-HOUSE 2639 "(B) The term •processing• means the cleaning, shelling, mm­

lng (including custom milling for toll as well as commercial mill­ing), grindi:og, rolling, or other processing (except cleaning by or for the producer thereof for seed purposes and drying) of rough rice; and in the case of rough rice with respect to which ~ tax­payment warrant has been previously issued or applied for, the term •processing• means any one of the above-mentioned proc­essings or any preparation or handling in connection with the sale or other disposition thereof."

On page 4, line 5, strike out beginning with the word " who " down through the word "Agriculture" in line 7 and insert in lieu thereof "whom the Secretary of Agriculture finds to be willing."

On page 4, line 16, strike out the word" adding" and all of lines 17 to 24, both inclusive, and insert in lieu thereof "inserting in the first sentence thereof, after the comma following the words •rental and benefit payments', the words 'redemption of tax­payment warrants issued under the provisions of subsection (b-1) of section 15 of this title,'."

On page 5, llne 6, after ••to", insert "rough." On page 5, line 11, strike out " about " and insert in lieu thereof

"after." On page 5, line 14, after "issued" insert "or applied for." On page 6, strike out lines 24 and 25 and lines 1 to 3, both inclu­

sive, on page 7, and insert in lieu thereof the following: "(2) upon presentation to the Secretary of Agriculture shall be re­deemed by him in legal tender for 99 percent of their face value at such place or places as may be prescribed by the Secretary of Agriculture;" and

On page 8, strike out beginning with the word " Commissioner " in line 14 down through the word "regulation" in line 16, and insert in lieu thereof "Secretary of Agricult~e such information as he shall, by order,".

On page 9, after line 19, insert the following: "SEC. 11. Subsection (a) of section 17 of the Agricultural Ad­

justment Act, as amended, 1s further amended by inserting after the second sentence the following: ' In the case of rice, a tax due under this title which has been paid by a tax-payment warrant shall be deemed for the purposes of this subsection to have been paid; and, any provision of law notwithstanding, the Comptroller General is authorized and directed to certify for payment (without review of the fact of payment of such tax) any refund of a tax so paid, in the amount scheduled to him by the Commissioner of Internal Revenue."

Mr. JONES. Mr. Chairman, I ask further that these amendments be agreed to en bloc with the understanding that any of the amendments may be questioned as they are reached in the reading of the bill for amendment.

The CHAffiMAN. Is there objection to the request of the gentleman from Texas?

There was no objection. The CHAffiMAN. The question is upon the committee

amendments. The committee amendments were agreed to. The Clerk read as fallows: SEC. 6. Subsection (d) of section 9 of the Agricultural Adjust­

ment Act, as amended, is further amended by renumbering para­graph (7) as paragraph (8) and by inserting after paragraph (6) the following:

"(7) In the case of rice-"(A) The term• rough rice• means rice in that condition which

is usual and customary when delivered by the producer to a processor.

"(B) The term 'processing• means the cleaning, shelling, mill­ing (including custom milling for toll as well as commercial milling), grinding, rolling, or other processing (except cleaning by or for the producer thereof for seed purposes, and drying) of rough rice; and in the case of rough rice with respect to which a tax­payment warrant has been previously issued or applied for, the term • processing ' means any one of the above-mentioned process­tngs or any preparation or handling in connection with the sale or other disposition thereof.

"(C) The term 'cooperating producer' means any person (in­cluding any share-tenant or share-cropper) whom the Secretary of Agriculture finds to be willing to participate in the 1935 production­adjustment program for rice.

"(D) The term 'processor', as used in subsection (b--1) of sec­tion 15 of this title, means any person (including a cooperative association of producers) engaged in the processing of rice on a commercial basis (including custom milling for toll as well as commercial milling)."

Mr. JONES. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. JoNES: Page 4, line 13, insert after

the word " except " the following: " grinding or cracking by or for the producer thereof for food for his own livestock and."

Page 4, line :14, strike out the word "thereof."

The amendment was agreed to. The Clerk read as follows: SEc. 7. Subsection (b) of section 12 of the Agricultural Adjust­

ment Act, as amended, 1s amended by inserting 1n the first sen-

tence thereof, after the comma following the words "rental and benefit payments", the words "redemption of tax-payment war­rants issued under the provisions of subsection (b-1) of section 15 of this title."

Mr. JONES. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. JoNEs: Page 5, line 19, change the

capital " I " to a small " i."

The amendment was agreed to. The Clerk read as fallows: SEC. 9. Subsection (e) of section 15 of the Agricultural Adjust­

ment Act, as amended, is further amended by inserting after the word " Provided " the following: " ( 1) That in the event any of the provisions of this title have been or are hereafter made

·applicable to any possession of the United States in the case of any particular commodity or commodities, but not generally, this title, for the purposes of this subsection, shall be deemed appli­cable to such possession with respect to such commodity or com­modities but shall not be deemed applicable to such possession with respect to other commodities."

Mr. JONES. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. JONES: Page 10, line 13, after the

word " commodities ", change the period to a semicolon and insert the following: "and (2)- ".

Mr. DONDERO. Mr. Chairman, I move to strike out the last word.

Mr. Chairman, 17 days from now the pink-slip amend­ment, section 55 (b) to the Internal Revenue Law of 1934, will become effective. That provision was in effect once before. It remained in effect 1 year and was then repealed. In the last session of Congress this law was again revived in another legislative body and finally became a part of the 1934 Revenue Act.

The so-called" pink-slip law" provides that any person fil­ing an income-tax return must show on the pink slip attached to the return his gross income, deductions, and net income. This must be filed with your income-tax return for the year 1934; and if you fail to do it, the Collector of Internal Reve­nue will do it for you and charge you '$5 to be added to your income tax.

This provision of the act, which has now become known as the "piµk slip", is causing a lot of people to see red; and I, like the gentleman from Missouri [Mr. BELL], who took the floor yesterday, am receiving many telegrams and let­ters protesting this provision of the act. I think the provi­sion is unjust for the reason that it does not disclose the actual condition of the taxpayer, for even though a person's return might show a net income of $5,000, it does not nec­essarily follow that the person had $5,000 left at the end of the year. .

You may have had obligations to pay; you may have had death and sickness in your family, for which you can take no deductions; nevertheless, your income-tax report shows you did have that much left.

What does it do? What effect does it have upon you? It means that any snooper, any high-pressure salesman, any racketeer or bandit may come to the Bureau of Internal Revenue of the Government and get the information for every base desire on the part of that element in our coun­try. They can find out just exactly what your income was, and then go back to your community, give the information to your competitor, or use it in their own behalf to sell you the things you do not want or need, and, if not that, place the information in the hands of any contribution solicitor, who will make demands upon you. If you do not subscribe to the things they ask, you will be confronted with the fact that your income return showed a net income of $5,000; that you are able to do it, but you did not do it and thereby you are humiliated and embarrassed in your own community, although unable financially to comply and be compelled to defend yourself against such action. It makes the Govern­ment of the United States a bureau of information for the criminal element of the country and a paradise for gossipers.

Mr. BELL. Will the gentleman yield? Mr. DONDERO. I yield to the gentleman from Missouri. Mr. BELL. Does not the gentleman think that it would

be very helpful if all the Members of Congress would get

2640 CONGRESSIONA~ RECORD-HOUSE FEBRUARY 26 in touch with the Ways and Means Committee and urge an Mr. GREEVER. Mr. Speaker, I am glad to submit, as an immediate hearing on this matter? example of the excellent management of the Honorable

Mr. DONDERO. Certainly; and I hope that before the Bayard C. Wilson, State manager of the Home OW11ers' Loan 15th day of March the Ways and Means Committee will see Corporation for Wyoming, a report of the activities of the fit to report to this House, not a postponement of this law Wyoming agency of the Home Owners' Loan Corporation or a modification of the law, but an absolute repeal of that from the date of its inception, August 10, 1933, up to and particular section of the law. Let us return to the same including January 15, 1935. provision as contained in the act of 1926, which made the The statement reflects a Cf),reful analysis of an efficient information available to any proper agent or officer of the and carefully managed branch of this important agency. Government who had a right to see what your income-tax There is an urgent need for additional funds with which .return did show. I to complete further worthy loans in Wyoming, and I trust

Mr. Chairman, I want to ask, in good faith, whether anyone I that Congress will soon appropriate funds for the purpose of can take the floor of this House of Representatives and show the furtherance of the good work of this institution. what good purpose this law serves to the Government of the Report of · operations-Wyoming agency Home owners' Loan cor-United States. Someone has stated that it makes a man poration, Aug. 10, 1933, to Jan. 15, 1935 honest. In my judgment it makes him dishonest, because - 1. Number or applications received_____ __________ 3, 643 .rather than disclose the privacy of his business to every 2. Number of applications withdrawn, 1% percent -- 62 criminal agency in the land he will try to find a way to avoid 3. Number of applications rejected, 23% percent__ 866

4. Number of applications eligible, 74 Ya percent____ 2, 715 giving the information. 5. Number of loans closed to date_________________ 2,154

Mr. :MILLARD. Will the gentleman yield? 6. Total loan disbursements ______________________ $4, 824, 213. 49 Mr. DONDERO. I yield to the gentleman from New York. 7. Average unit loan for Wyoming________________ $2, 239. 64 Mr. MILLARD. Does the gentleman know that there are 8. Percentage of loans closed 1n ratio to total ell-

gible, 79Y:i percent. 29 States in the Union that have income-tax laws, and that only 1 of them, the State of Wisconsin, requires a pink slip to be made out?

Mr. DONDERO. I thank the gentleman for his obser­vation.

In conclusion, Mr. Chairman, may I say that if this law is to remain in effect, there should be a provision added whereby anyone seeking information in reference to any taxpayer shall give his name, his purpose, and reasons for requesting the information before it is given to him, and notice should be served on the taxpayer telling him who is looking up the record.

Mr. JONES. Mr. Chairman, I respectfully refer the gen­tleman from Michigan to the Ways and Means Committee for solution of this problem.

Mr. Chairman, I ask unanimous consent to withdraw the amendment which I offered.

The CHAIRMAN. Is there objection to the reque.st of the gentleman from Texas?

There was no objection. The Clerk concluded the reading of the bill. The CHAIRMAN. Under the rule, the Committee rises. Accordingly the Committee rose; and the Speaker having

resumed the chair, Mr. McMILLAN, Chairman of the Com­mittee of the Whole House on the state of the Union, re-.

·ported that the Commi_ttee having had under consideration •the bill <H. · R. 5221) to amend the Agi·icultural Adjustment Act with respect to rice, and for oth~r pu~poses, pursuant to House Resolution 121, he reported the same back to the House with sundry amendments adopted by the Committee.

The SPEAKER. Under the rule the previous question is ordered.

Is a separate · vote demanded on any amendment. If not, the Chair will put them in gross.

The amendments were agreed to. . The bill was ordered to be engrossed and read a third time,

was read the third time, and passed, and a motion to recon­sider was laid on the table.

LEAVE OF ABSENCE By unanimous consent, leave of absence was granted as

follows: To Mr. HooK, on account of illness. To Mrs. KAHN, indefinitely, on account of serious illness in

family. To Mr. STEWART, for Thursday and Friday next, on ac­

count of hearings held in his district on two surveys, as requested by Rivers and Harbors Committee.

To Mr. FERNANDEZ, for 10 days, on account of important official business.

HOME OWNERS' LOAN CORPORATION Mr. GREEVER. Mr. Speaker, I ask unanimous consent to

extend my remarks in the RECORD. The SPEAKER. Is there objection? 'There was no objection.

CLASSIFICATION OF REJECTED APPLICATIONS

9. Number of loans rejected because of inadequate security ___________________________________ _

10. Percentage of loans rejected because of inade­quate security, 9Y:i percent.

11. Number of rejections because of unsatisfactory credit _____________________________________ _

12. Number of rejections because of insufficient title (otherwise eligible) ___________________ _____ _

13. Percentage of rejections because of insufilcient title, 10 percent.

14. Number rejected because of lack of distress ___ _ .15. Number rejected on account of purchase or re­

financing of property subsequent to date of passage of Home .Owners' Loan Act _________ _

16. Number rejected because of property being chiefiy commercial _________________________ _

17. Number rejected on account of dilapidation or poor construction or improvements _________ _

APPLICATIONS ON WHICH PROGRESS WAS SUSPENDED BY ORDER OF GENERAL MANAGER, HOME . OWNERS' LOAN CORPORATION, DATED NOV. 13, 1934

18. Number of applications suspended for lack of available funds ___ :_ ________________________ _

19. Percentage of applications suspended for lack of available funds, in ratio to total eligibles, 9Va percent.

20. Amount. required to refund. suspended appli-cations ____________________________________ _

346

185

95

86

66

53

35

261

$797,682.24

REPEAL OF PUBLICITY OF INCOME-TAX RETURNS PROVISION OF REVENUE ACT OF 1934

Mr. MILiARD. ·Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD ·in reference to the pub­licity feature of the income-tax law.

The SPEAKER. · Is there objection· to the request of the gentleman from New York?

There was no objection. . Mr. MILLARD. Mr. Speaker, I rise to make an appeal° to the Members of this House to repeal the vicious provision in the 1934 Internal Revenue Act authorizing the Commissioner of Internal Revenue to make available to public inspection and examination the summary of income-tax returns, thus encroaching on the privacy to which every American citizen is entitled. · The ah·eady overburdened taxpayers in the United States are particularly resentful of section 55 of the 1934 law which not only makes them victims of blackmail, kidnapers, rack­eteers, and other gangs of the underworld, not only opens the way for snooping neighbors and business competitors to scrutinize their affairs, but which obviously assumes that the average American is dishonest. Our people resent the stigma which the Congress, in a fit of hyste-ria, cast upon them by compelling them to submit to this provision, and they de­mand its repeal.

The provision falls not alone on the man of ·wealth but on the middleman struggling to pay his taxes, to meet his mort­gage and insurance payments, . and to give his children an education. The small taxpayer, even more· than the large, strenuously protests having his earnings paraded before the

1935 CONGRESSIONAL RECORD-· HOUSE 2641 busybodies in his neighborhood and against a faw which makes him the prey of snoopers and the salesmen of worth­less certificates.

The most bitter criticism of the opening of the Internal Revenue Bureau's records to the public has been based on what has been termed the "unwarranted intrusion of the Government in private affairs.'' When the income-tax law was passed something over a decade ago, it was the distinct understanding of the pe-0p1e that returns would be kept con­fidential. Had there been any intimation at that time that the Congress would go beyond all reasonable limits and throw the tax lists open to the public, I ventm:e to say there is not the slightest question that the bill would have been defeated.

Leaders in both parties have condemned and opposed the proposal. In a masterly report of the case as early as June 14, 1918, Cordell Hull, a former Member of this House, after­ward a Member of the Senate, and now Secretary of State, wrote:

and · saying, " You have overpaid your tax. If you employ me, I can get you a refund of taxes." The committee thought it would be unwise to do that. ·

The direct evil of · the publication of income-tax retur·ns should in itself condemn it. We all know that in 1925 when returns were made subject to public inspection the informa­tion compiled therefrom was promiscuously bought, sold, and otherwise dealt in. Within 24 hours of the announce­ment that the tax lists would be open for inspection by the public the internal-revenue offices in various cities were beseiged with applicants from promoters, life-insurance salesmen, professional compilers of mailing lists, besides the usual inquisitive neighbors, curious competitors, and credit­rating agencies. The nature of the applications is indicil­tion enough of the value of the lists to certain interests. ~ne of the most serious and menacing aspects of this public­ity plan is that it directs the pirates of finance specifically to those individuals who have money to invest. The belief of its authors was that publicity would uncover the tax dodger, but it seems safe to say that for every dollar the

I have investigated and reached my individual conclusion with G respect to the proposed general publicity of income-tax returns overnment receives in additional revenue through informa-solely from the standpoint of the most satisfactory and successful tion thus divulged, many more dollars of additional expense administration of the income-tax law and the securing of the will be caused taxpayers through the interruption of the largest possible yield of revenue. Viewed from this standpoint, I routine of revenue offices and the necessity for additional have been unable to bring myself to the conclusion that publicity clerks to keep the public posted wi"th tax info"'mati'on. would secure the most desirable revenue results. I may first refer ... to the experience of some governments which have tried out in- The wide protest that went up after the publication of come taxation for the longest periods. England, after 75 years' the returns in 1925, following the enactment of the provi­experience with her present income-tax law, retains her policy of sion in 1924, caused its repeal in 1926. This was so with keeping the results secret. There is no demand from any source, so far as I am advised, for publicity of English income-tax previous enactments. Statutes such as this which encroach returns. upon the personal rights of the taxpayer have ·not long been

Holland retairis secrecy under her income-tax law which has countenanced and have heretofore been of short duration. been in operation some 25 years. Denmark pursues the' same policy I hope the same will be true of this one. of secrecy under her income-tax law, in operation for 14 years· Austria pursues the same policy under her law, enacted some 7f, The Department of Justice, as well as municipal and yea.rs ago; Canada's recent income-tax law contains the same pro- State police forces all over the United States, are making vision; France 1n her recent law has some form of secrecy, the a strenuous and very satisfying effort to combat crime. The exa:ct nature and extent of which I am not definitely informed. This policy of .these different countries, after .many years' trial, is Congress has enacted anticrime legislation to aid enforce-controlle~ entrrely by the question of ~he most satisfa.ctory ad- ment officers; and in the same session it deliberately played ministration and the largest revenue yield of their respective laws. into the hands of blackmailers and kidnapers by opening They evidently have not felt justified in allowing considerations the records of income-tax returns for their inspectio·n. We of collateral or other government policies, however strongly and plausibly urged, to etrect a change in this policy. . . also enacted a law proposing to provide safe securities for

Whatever may be thought or said to the contrary, there is a the investor, and forthwith passed another making the tax­phase of human nature which, while entirely willing to make full payer, large and small, the target for unprincipled ex-an~ complete returns of income and pay taxes accordingly in the 1 ·t t bellef that .all taxpayers are receiving equitable trea'tment, is at P 01 ers O prey upon. We assume that virtue is attached the same t~e utterly averse to the idea of genera.I publicity of to all publicity, and we required that publicity be given to private business methods and private business affairs. The States loans made by the ~econstruction Finance Corporation to and the Federal Government can provide for investigations and banks. We all know the irreparable harm done to the full publicity of business methods, practices, and affairs generally American people by this requi'si'te, but we do· not learn by by separate enactment, as nas already been done to a measurable extent. Publicity at this stage, when business conditions and e~perience. The very mildest of our critics will call us in-methods have become far more complicated and cori.sl.stent of a consistent; the more forceful, brand us vicious. · Certainly fai: greater variety than those in existence during and following we show a lack of coordination. the Civ~ War period, would be resented by taxpayers to a cor-respondingly greater . extent than it was during the operation o! Making income-tax · returns public records has been tried the Civil War acts. I strongly favor any and every kind of pub- before, and in each instance has failed. Public opinion will Ii.city needed with respect to all phases of our financial, commer- force its repeal sooner or later. It demands its repeal now. c1al, and industrial activities, but I think it unwise in the light Why wait until the damage shall have been done?. The of almost universal experience in the past to discredit or break down th~ income-tax system or seriously jeopardize it by utilizing large taxpayers are not evading their taxes illegally. Such th;> law i,!1stead of some separate law or laws for publicity purposes. a provision will not close the loopholes. Publicity of income-

• No tax or penal .law, the successful operation of which t t · t · to h is dependent upon facts voluntarily furnished by informers, with ax re urns IS no gomg elp this situation. There is or without pecuniary reward, can expect more than a precarious nothing in sec.tion 55 of the 1934 act to assure a true existence. declaration of the taxable income.

I believe that I am correct in asserting that no Treasury The State of Wisconsin has such a provision. Of the 29 Department officials for the last 25 years have advocated the St~tes that haye some form of State income-tax law, only ·publicity provision. TI:le members of the subcommittee of this one has mcluded the publicity clause on its statute the Ways and Means Committee appointed in June 1933 books. The tax commissioner in that State in his report to study and report upon methods of prevention of tax on the provision in 1930 wrote " The expected results have avoidance, made no reeommendation. or even reference to not materialized. There have been no instances where pub­the publicity of tax returns, nor did the report of the Ways lie inspection has brought forth unreported income. A and Means Committee of February 1934 contain· any sugges- survey shows that public examination is almost wholly with­tion that the publicity of tax returns was an appropriate out any public motive or significance, but that advantage means of eliminating tax avoidance, though the amendment is taken to serve purely private or personal interests. Very was offered to the committee and rejected. In commenting frequent use is made of them in delving into the intimate upon the proposal when the provision was being considered concerns of business competitors. Those who pry into in­in the House on February 14, 1934, the Chairman of the come-tax returns do not do ~o with the thought or attempt Ways and Means Committee said: to ~nd fraud or unreported mcomes." Herein rests the re-

The Department, while in sympathy with the publicity feature, b.elhon of . the AI_nerican p~ople. The J?rovision is an inva­said that if it was thrown wide open. the fear was that shyster

1

s1on of ~riv~te rights and 1t p~aces busmess under a handi­lawyers through~ut the country would be down there in droves cap, which it can afford at this time less than at any other looking over individual returns and then going to the taxpayer in my recollection, by revealing its methods to the investi-

2642 CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 gation of its rivals. The personal right to privacy is clearly violated and no good public end is served. The only argu­ment brought forth in favor of the provision is a fallacy; in principal it is wrong; in practice it is unjust. I join with the taxpayers of the United States in demanding it.s repeal before March 15, 1935.

ORDER OF BUSINESS

Mr. SNELL. Mr. Speaker, may I ask the majority leader what the program will be for the remainder of the week?

Mr. TAYLOR of Colorado. Mr. Speaker, I may say to the minority leader that I expect to report out the annual In­terior Department appropriation bill for 1936 tomorrow, and expect that will occupy the attention of the House during the remainder of this week.

Mr. SNELL. The consideration of that bill will continue for the remainder of the week?

Mr. TAYLOR of Colorado. Yes; I think it will take 3 days, and I hope to again adjourn over Saturday.

Mr. SNELL. And the gentleman does not expect to bring up the banking bill?

Mr. TAYLOR of Colorado. I do not intend to let anything interfere with the consideration of the Interior Department bill.

Mr. SNELL. Several Members have asked me about the program for the remainder of the week.

Mr. TAYLOR of Colorado. Of course, the Speaker has the right to change the procedure; but I do not think anything Will interfere with the consideration of that bill.

ENROLLED BnLs SIGNED

Mr. PARSONS, from the Committee on Enrolled Bills, re­ported that that committee had examined and found truly enrolled bills of the House of the following t:tles, which were thereupon signed by the Speaker:

H. R. 529. An act granting compensation to George S. _Con­way, Jr.;

H. R. 3982. An act to extend the times for commencing and completing the construction of a bridge across the Ohio River between Rockport, Ind., and Owensboro, Ky.; and

H. R. 5701. An act granting the consent of Congress to the State of Indiana to construct, maintain, and operate a free highway bridge across the Wabash River at or near La Fayette, Ind.

The SPEAKER announced his signature to an enrolled bill of the Senate of the following title: ·

S. 31. An act to provide for the issuance of a license to practice the healing art in the District of Columbia to Dr. Chester C. Groff.

ADJOURNMENT

Mr. TAYLOR of Colorado. Mr. Speaker, I move that the House do now adjourn.

The motion was agreed to; accordingly <at 2 o'clock and 41 minutes p. m.> the House adjourned until tomorrow, Wednesday, February 27, 1935, at 12 o'clock noon.

COMMITI'EE HEARING COMMITTEE ON IMMIGRATION AND NATU~ALIZATION

Public hearings in room 445, House Office Building, Wednesday, February 27, at 10 a. m., on bills H. R. 3023 and H. R. 4354, providing for repatriation of native-born subjects of this country who have lost their citizenship either by marriage or through naturalization in foreign countries of their parents.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XIII, Mr. FERNANDEZ: Committee on Naval Affairs. H. R.

4760. A bill to increase the statutory limit of expenditure for repairs or changes to naval vessels; without amendment (Rept. No. 241). Referred to the Committee of the Whole House on the state of the Union.

Mr. EDMISTON: Committee on Military Afiair3. H. R. 3482. A bill to amend the act of May 19, 1926, "An act to

authorize the President to detail officers and enlisted men of the United States Army, Navy, and Marine Corps to assist the governments of the Latin-American Republics in mili­tary and naval matters"; without amendment <Rept. No. 242) . Ref erred to the Committee of the Whole House on the state of the Union.

Mr. CASTELLOW: Committee on Foreign Affairs. House Joint Resolution 182. Joint resolution to provide for mem­bership of the United States in the Pan American Institute of Geography and History; and to authorize the President to extend an invitation for the next general assembly of the Institute to meet in the United States in 1935, and to provide an appropriation for expenses thereof; without amendment <Rept. No. 248) . Referred to the Committee of the Whole House on the state of the Union.

REPORTS OF COMMITTEES ON PRIVATE BILLS AND RESOLUTIONS

Under clause 2 of rule XIlI, Mr. MONTET: Committee on Military Affairs. H. R.

249. A bill for the relief of Leonard Theodore Boice; with­out amendment (Rept. No. 240). Referred to the Commit­tee of the Whole House.

Mr. GWYNNE: Committee on Claims. H. R. 285. A bill for the relief of Elizabeth M. Halpin; with amendment (Rept. No. 243). Referred to the Committee of the Whole House.

Mr. KENNEDY of Maryland: Committee on Claims.. H. R. 4086. A bill for the relief of Ellis Duke, also known as Elias Duke; without amendment <Rept. No. 244). Re­ferred to the Committee of the Whole House.

Mr. KENNEDY of Maryland: Committee on Claims. H. R. 4105. A bill for the relief of Julian C. Dorr; without amendment <Rept. No. 245). Referred to the Committee of the Whole House.

Mr. KENNEDY of Maryland: Committee on Claims. H. R. 4178. A bill for the relief of the International Manu­facturers' Sales Co. of America, Inc., A. S. Postnikoff, trus­tee; with amendment <Rept. No. 246). Referred to the Com­mittee of the Whole House.

Mr. KENNEDY of Maryland: Committee on Claims. H. R. 4210. A bill for the relief of Anthony Nowakowski; with amendment (Rept. No. 247). Referred to the Com­mittee of the Whole House.

CHANGE OF REFEREN:CE Under clause 2 of rule XXII, the Committee on Invalid

Pensions was discharged from the consideration of the bill CH. R. 3299) for the relief of William Burke, and the same was referred to the Committee on Military Affairs.

PUBLIC BILLS AND RESOLUTIONS Under clause 3 of rule xxn, public bills and resolutions

were introduced and severally referred as follows: By Mr. FIESINGER: A blll <H. R. 6186) to amend section

611 of the Revenue Act of 1918; to the Committee on Ways and Means.

By Mr. KENNEDY of New York: A bill CH. R. 6187) to promote equality of bargaining power between employers and employees; to diminish the causes of labor disputes·; to create a national labor relations board, and for other purposes; to the Committee on Labor.

By Mr. STACK: A bill <H. R. 6188) to authorize the Reconstruction Finance Corporation to make loans to aid in the development of the recovery of potassium salts and other minerals; to the Committee on Banking and Currency.

By :Mr. SWEENEY: A bill <H. R. 6189) to amend section 4399, United States Revised Statutes, by adding a subsection; to the Committee on Merchant Marine and Fisheries.

By Mr. DOXEY: A bill (H. R. 6190) to provide for the control of the waters of the Coldwater, Tallahatchie, Yocona, Yalobusha, and Yazoo Rivers in Mississippi, and for other purposes; to the Committee on Flood Control.

1935 ~ONGRESSIONAL· ;RECOR~HOUSE

By Mr. BLAND: ·A bill <H. R. 6191) authorizing the use of condemned naval vessels for breakwater purposes; to the Committee on Naval Affairs.

By Mr. BRUNNER: A bill CH. R. 6192) to authorize the issue of certain automobile tags to certain employees of the House of Representatives; to the Committee on the District of Columbia. .

By Mr. ELLENBOGEN: A bill CH. R. 6193) prohibiting the importation of the United states flag or emblem from. for­eign countries, and for other purposes; to the Committee on Ways and Means.

By Mr. GILCHRIST: A bill (H. R. 6194) to provide for conveying to the State of Iowa certain lands within.the p.an­navigable meandered lake beds within that State for use as public parks. recreation grounds, and . game refuges; to the Committee on the Public Lands.

By Mr. GOLDSBOROUGH: A bill <H. R. 6195) to restrict chain and branch banking, .to amend the National Bank Act · and the Federal Reserve Act, and for other purposes; to the Committee on Banking and CUrrency.

By Mr. IDLDEBRANDT: A bill <H. R. 6196) to assure to persons within the jurisdiction of every State the equal protection of the laws by discouraging, · preventing, and punishing the crime of lynching; to the Committee on the Judiciary.

By Mrs. JENCKES of Indiana.; A bill CH. R. 6197) to amend section 61 <relating to deposits of bankrupt estates) · of the act entitled "An act to establish a uniform system Of bankruptcy tln'oughout the United States", approved July 1, 1898, as amended; to the Committee on the Judiciary.

By Mr. JOHNSON of Texas: A bill CH. R. 6198) to control flood waters of -the Brazos · River and its tributaries in the State of Texas, to aid and improve agriculture and industrial development within said river basin, and for other purposes; to the Committee on Flood Control

By Mr. KVALE (by request): A bill CH. R. 6199) to amend the . .Agricultural Adjustment .Act, as amended, with respect to farm prices; to the Committee on Agriculture.

By Mrs.'ROGERS of Massachusetts: A bill (H. R. 6200) to authorize the Chief of the Bureau of Public Roads to in-. vestigate and report on trafiic conditions, with recommenda­tions for corrective legislation; to the Committee on Roads.

By Mr. SAUTHOFF: A bill (H, a 6201) to provide relief to meet the emergency needs of the public schools of the Nation; to the Committee on Education.

By Mr. SWEENEY: A bill (H. R. 6202) to amend section 4463 of the Revised Statutes pf tne United States. as amended by the act of Congress approved May 11, 1918; to the Com­mittee on Merchant Marine and Fisheries.

Also, a bill ill. R 6203) to apply laws covering steam ves­sels to vessels of 15 gross tons and over propelled by internal­combustion engines; to the Committee {)n Merchant Marine and Fisheries.

By Mr. VINSON of Georgia: A bill (H. R. 62-04) to au­thor.ire the assi~ent of officers of ~h~ line of ~e Navy for aeronautical engineering duty~. and for other purposes; to the Committee on Naval Aff a.ir_s. .

By Mr. McLEOD: Resolution <H. Res~ 131) amending sec­tion 4, of rule XXVII, of the House, Seventy-fourth Con­gress; to the Committee on Rules~

By Mr. LEA of California: Resolution (H. Res. 132) for the consideration of H. R. 5292; to the Committee on Rules.

By Mr. JONES: Joint resolution CH. J. Res. 187) to pro­vide an appropriation for loans for crop production and harvesting during 1935; to the Committee on Appropriations.

By Mr. HOUSTON: Joint resolution CH. J. ~es. 188) pro­posing an amendment t<>: the Constitution of the United States fixing the term of Members of the House of Repre­sentatives at 4 years; to the Committee on Election of Presi­dent, Vice President, and Representatives -ui_ Co~ess.

By Mr. O'CONNOR: Joint resolution (H. J. Res. 189) re­lating to the continuance on the pay rolls of certain em­ployees in cases of death or resignation of .Members of the House of Representatives~ Delegates, and Resident Commis­sioners; to the Committee on Accounts.

l\mMORIALS Under clause 3 of iu.le XXlI, memorials were presented

and·referred as follows: By the SPEAKER: Memorial of the Legislature of the

State of Nebraska, regarding the establishment of the Lewis and Clark National Park; t.o the Committee on the Public Lands. .

Also, memorial of the Legislature of the .State of Arizona, regarding the use . of public funds for the construction of highways; to the Committee on Appropriations_. ·

PRIVATE BILLS AND RESOLUTIONS Under clause 1 of rule XXII, private bills and resolutionis

were introduced and severally referred as follows: By Mr. GILCHRIST: A bill CH. R. 6205) for the relief of

Wiley H. Nanney; to the Committee on Naval Affairs. Also, a bill CH. R. 6206) for the relief of Alva A. Murphy;

to the Committee on Claims. By Mr. GOLDSBOROUGH: A bill (H. R. 6207) for the

relief of Earl Sykes, W. Ward Beaston, the estate of Noble Benson, David L. Seacord, ahd Edith Carpenter; to the Com­mittee on Claims~

Also, a bill <H. R. 62{)8) for the relief of Joseph Pethersky, of Port Deposit, Md.; to the Cominittee on· Claims.

Also, a bill <H. R. 6209) for the relief of Brown & Cun~ ningham, of Port Deposit, Md.; t.o the Committee on Claims.

Also, a bill ra. R. 6210) for the relief of Winfred G. Scott; to the Conimittee on Claims.

By Mr. GUYER: A bill CH. R. 6211) granting a pension to Estella Garrison; to the Committee on Pensions. .

By Mr. KNUTE HILL: A bill (H. R. 6212) for the relief of Alfred Gans and W. C. Kennedy; to the Committee on Claims.

By Mr. O'CONNOR: A bill (H.. R. 6213) for the relief of Henrietta Jacobs; to the Committee on Claims.

By Mr. SCOTT: A bill <H. R. 6214) for the relief of Royal W. Robertson; to the Committee on Naval Affairs.

Also, a bill (H. R. 6215) granting a pension to Mary A. Nichols; to the Committee on Pens~ons. . By Mr. SNYDER: A bill (H. R. 6216) granting a pension

to Malissa Hoover; to the Committee on Pensions. Also, a bill (H. R. 6217) granting an iilcrease of pension to

Sarah Miller; to the Committee on Invalid Pensions. By Mr. SUTPIDN: A bill CH. R. 6218) for the relief of

Frederick L. Rose; to the C-Oinmitt.ee on Naval Affairs. BY. Mr. SWEENEY: A bill (IJ_ R. 6219) for the- relief of

Walt.er Ream Lennox; to the Committee on Military Affairs. By Mr. TABER: A bill (H. R. 6220) granting an increase

of pension to Martha E. H. Fisher; t.o the Committee on Invalid Pensions. · ·

By Mr. THOMASON: A bill UL R. 6221) for the relief of the heirs of G. :B. Moss; to the Committee an War Claims.

By Mr. WERNE~: A bill <H. R. 6222) granting a pension to Elizabeth Pouless; to the Committee on Pensions'.

PETITIONS, ETC. Under cla.use 1 of rule XXII, petitions and papers were

laid on the Clerk's desk and referred as follows: 2006. By Mr. ANDREW of Massachusetts: Petition of the

General Court of Massachusetts, relative to the prevention or puliishment of the crime of lynching; to the Committee on the Judiciary.

2007. By Mr. BACHARACH: Resolution adopted by the Northeastern Poultry Producers Council, favoring an excise tax, or some other form of protection, against the importa­tion of eggs and egg products; to the Committee on Ways and Means.

2008. Also, petition of 75 citizens of Bridgeton, N. J., ask· ing for the repeal of the " pink slip " provision of the Reve· nue Act of 1934; to the Committee on Ways and Means.

2009. By Mr. BOYLAN: Petition from the General John R. Brooke Camp, No. 29, National Indian War Veterans, U.S. A., of New Yor~ respectively asking favorable consideration of House bill 2857; to the Committee on Pensions.

CONGRESSIONAL RECORD-HOUSE FEBRUARY 26 2010. Also, resolution adopted by -the Chain Store Traffic

League, New York City, N. Y., proposing legislation designed to change method of assessing Panama Canal tolls; to the Committee on Insular Affairs.

2011. Also, resolution adopted by the Common Council of the City of North Tonawanda, N. Y., memorializing the Con­gress of the United States to pass, and the President of the United States to approve, the General Pulaski's Memorial Day resolution now pending in Congress; to the Committee on the Judiciary.

2012. By Mr. BUCKLER of Minnesota: Petition of Emel Lind, chairman, and Jalmer Neuvonen, secretary, ot the New­ton Township Unit of the United Farmers' League of New York Mills, Minn., praying for the passage of the Workers Unemployment Old Age and Social Insurance Act <H. R. 2827), by Mr. LUNDEEN, which provides for the establishment of unemployment, old-age, and social insurance, and for other purposes; to the Committee on Labor.

2013. Also, petition of Emel Lind, chairman, and Jalmer Neuvonen, secretary, of the Newton Township Unit of the United Farmers' League of New York Mills, Minn., praying for the passage of the farmers' emergency relief bill (H. R. 3471), by Mr. BURDICK; to the Committee on Agriculture.

2014. By Mr. BURNHAM: Resolution of the Board of Supervisors of Imperial County, Calif., urging the Congress of the United States to adopt such measures as may be deemed proper to discourage communistic activities designed to undermine the foundation of all forms of existing govern­ment; to the Committee on Immigration and Naturalization.

2015. By .Mr. CULLEN: Petition of the Common Council of the City of North Tonawanda, N. Y., memorializing Con­gress to pass, and the President of the United States to ap­prove, if passed, the General Pulaski's Memorial Day reso­lution now pending in Congress; to ·the Committee on the Judiciary.

2016. By Mr. CROWTHER: Petition of Group 1459 of the Polish National Alliance of the United States, signed by Joseph Smiarowski, president, S. Ciesinski, secretary, and A. Sanienski, treasurer, recommending the designation of October 11 of each year as General Pulaski's Memorial Day for the observance and commemoration of the death of Brig. Gen. Casimir Pulaski; to the Committee on the Judiciary.

2017. By Mr. DIETRICH: Petition of residents of the Fifteenth Pennsylvania Congressional District, opposing the passage of Senate bill 1725 and House bill 5423, the Public Utility Act of 1935; to the Committee on Interstate and Foreign Commerce.

2018. By Mr. DOBBINS: Resolution of the Common Coun­cil of the City of Springfield, m., memorializing Congress to pass the pending General Pulaski Memorial D.ay resolution; to the Committee on the Judiciary.

2019. By Mr. ELLENBOGEN: Petition of the Sentinels of the Republic, protesting against publication of income-tax returns; to the Committee on Ways and Means.

2020. By Mr. GREEVER: Memorial of the Legislature of the State of Wyoming, memorializing Congress to pass an act embodying the essential features of the so-called "Frazier-Lemke farmers' refinancing bill" at the earliest possible moment; to the Committee on Agriculture.

2021. By Mr. GUYER: Petition of Group No. 1115 of the Polish National Alliance, Kansas City, Kans., urging enact­ment of House Joint Resolution 81, to direct the President to proclaim October 11 of each year as General Pulaski's Memo-

. rial Day; to the Committee on the Judiciary. 2022. By Mr. HALLECK: Petition of members of Jesse

Engle Post, No. 228, American Legion, Francesville, Ind., favoring immediate payment of adjusted-service certificates as provided by the Vinson bill, and other legislation endorsed by the National American Legion; to the Committee on Ways and Means.

2023. ~Y Mr. HANCOCK of New York: Petition of Group No. 2517 of the Polish National Alliance, Syracuse, N. Y., favoring enactment of Hotlse Joint Resolution 81, directing

the President to proclaim October 11 of each year as General Casimir Pulaski's Memorial Day; to the Committee on the Judiciary. ' . 2024. By Mr. HILDEBRANDT: Petition of the Battle Mountain Sanitarium, a Veterans' Administration hospital at Hot Springs, S. Dak., protesting to the Veterans' Admin­istration and Members of Congress against the denial of the privilege, thus permittiilg the veterans and employees to at­tend the performances with their families, thus promoting the general welfare of the veterans of the institution afore­said; to the Committee on World War Veterans' Legislation. . 2025. By Mr. HOEPPEL: Petition of the Holy Name So­ciety, St. Benedict's Parish, Montebello, Calif.; to the Com­mittee on Foreign Affairs.

2026: Also, petition of the Holy Name Society, Sacred Heart Parish, Covina, Calif.; to the Committee on Foreign Aft' airs. -

2027. By Mr. KEE: Resolution adopted by the Williamson Chamber of Commerce, Williamson, W. Va., relative to leg­islation concerning aliens; to the Committee on Immigration and Naturalization.

2028. Also, resolution of the Lions Club, of Bluefield, W. Va., requesting the Congress of the United States to enact during its present session such legislation as may be necessary to eliminate the Federal tax on gasoline; to the Committee on Ways and Means.

2029. By Mr. KERR: Petition of the Senate and House of Representatives of the State of North Carolina, memorializ­ing Congress to use granite and natural stone in the con­struction of public buildings; to the Committee on Public Buildings and Grounds.

2030. By Mr. LAMBERTSON: Resolution of the commu­nity Young Women's Christian Association, of Sabetha, Kans., urging passage of House bill 9986; to the Committee on Interstate and Foreign Commerce.

2031. By Mr. LAMNECK: Petition of Charles B. Hart, of 104 Fifteenth A venue, and other citizens of Columbus, Ohio, urging the continuance of the Nye munitions investigation; to the Committee on Military Affairs. ·

2032. By Mr. McLAUGHLIN: Petition memorializing the Congress of the United States to establish a national park to be known as the" Lewis and Clark National Park" in Burt, Thurston, and Dakota. Counties, Nebr.; to the Committee on the Public Lands.

2033. By Mr. MEAD: Petition of the dry-goods merchants of the city of Buffalo, requesting Congress to enact legislation as proposed in House bill 3971; to the Committee on Inter­state and Foreign Commerce.

2034. Also, petition of the Assembly of the State of New York, requesting Congress to enact the necessary laws to ex­tend to the people of Puerto Rico the right to elect their own Governor and other local officers; to the Committee on Insular Affairs.

2035. By Mr. MERRI'IT of New York: Resolution of the Ivanhoe Democratic Club, of Flushing, N. Y., urging Con­gress for an extension of the Home Owners' Loan Corpora­tion; to the Committee on Banking and Currency.

2036. By Mr. MILLARD: Petition signed by residents of Westchester County, N. Y., opposing the passage of the holding-company bill; to the Committee on Interstate and Foreign Commerce.

2037. Also, resolution adopted by the members of the Knights of Columbia Post, No. 2407, at Rye, N. C., protest­ing against certain alleged acts of the National Revolutionary Party in Mexico; to the Committee on Foreign Affairs .

2038. By Mr. MOTT: Petition signed by 16 citizens of Grants Pass, Oreg., protesting against religious conditions now existing in Mexico; to the Committee on Foreign Affairs.

2039. By Mr. O'CONNELL: Resolution passed by the Town Council of Westerly, R. I., recommending as a Public Works Administration project the deepening of the harbor at Watch Hill and Little Narragansett Bay; to the Committee on Appropriations.

2040. Also, resolution memorializing Congress in regard to the so-called " cotton processing tax " passed by the General

1935 CONGRESSIONAL RECORD-HOUSE 2645

Assembly of the State of Rhode Island; to the Committee on Agriculture.

2041. By Mr. PF'EIFER: Petition of John G. Marshall, Inc., Brooklyn, N. Y., concerning the mack-Connery 30-hour­week bill; to the Committee on Labor.

2042. By Mr. PLUMLEY: Petition of Chester Post, No. 67, American Legion, endorsing and urging the passage of House bill 3896 to provide for the immediate payment to veterans of the face value of their adjusted-service certificates; to the Committee on Ways and Means.

2043. Also, petition of Barre Post, No. 10, American Legion of Vermont, endorsing the Legion's bill <H. R. 3896) asking for cash payment at face value of the adjusted-service certifi­cates; to the Committee on Ways and Means.

2044. Also, petition of the Jay Peak Post, No. 28, American Legion, favoring the immediate cash payment in full of the adjusted-compensation certificates as provided for in House bill 1; to the Committee on Ways and Means.

2045. Also, petition of the women of the American Legion Auxiliary of the Department of Vermon~ over 3,000 in num­ber, urging support of the Vinson bill <H. R. 3896); to the Committee on Ways and Means.

2046. Also, petition of 21 legal voters of Montpelier, Vt., favoring passage of the Townsend old-age-pension plan (H. R. 3977) ; to the Committee on Ways and Means.

2047. By Mr. RICH: Petitions of citizens of Blossburg and Mansfield, Pa., protesting against House bill 5423 and Sen­ate bill 1725; to the Committee on Interstate and Foreign Commerce.

2048. By Mr. ROGERS of Oklahoma: Petition of Annie Farr, of San Antonio, Tex., urging immediate action of Con­gress on House bill 2856, drafted and introduced by Rep­resentative WILL RoGERS, embracing a system of Federal old-age pensions of $30 to $50 per month for citizens of the United States above 55 years of age; to the Committee on Ways and Means.

20~9. Also, petition of Fannie Boyd, 508 Idaho Street, and numerous other citizens and residents of Oklahoma City, Okla., urging immediate action of Congress on House bill 2856, by Representative WILL RoGERS, embracing the Pope plan for a Federal system of old-age pensions of $30 to $50 per month for citizens of the United states above 55 years of age; to the Committee on Ways and Means.

2050. Also, petition of T. W. Williams, of Alba, and 1,574 others in the State of Texas, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pensions of $30 to $50 per month, beginning at age 55, independent of State participation; t.o the Committee on Ways and Means.

205L Also, petition of Dona Jones, of Abbeville, Miss., and 2,415 others in the State of Mississipp~ urging passage of House bill 2856, by Congressman WILL RoGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pen­sions of $30 t.o $50 per month, beginning at age 55, inde­pendent of State participation; to the Committee on Ways and Means.

2052. Also, petition of Warren Crawford, of Huntsville, Ala., and 2,086 others in the State of Alabama, urging pas­sage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the " Pope plan " for direct Federal old-age pensions of $30 to $50 per month. beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2053. Also, petition of Anna Hoyt, of Adona, Ark., a.nd 1,644 others in the State of Arkansas, urging passage of House bill 2856, by Congressman WILL ROGERS, of Okla­homa, known as the" Pope plan" for direct Federal old-age pension of $30 to $50 per month, beginning at age 55, inde­pendent of State participation; to the Committee on Ways and Means. 2054. Also, petition of J. D. Manchester, of Glynn, and

1,600 others in the State of Louisiana, urging passage of House bill 2856, by Congressman WILL ROGERS,, of Oklahoma,

known as the "Pope plan., for direct Federal old-age pen­sions of $30 to $50 per month, beginning at age 55, inde­pendent of State participation; to the Committee on Ways and Means.

2055. Also, petition of Mrs. K. A. B~ of Wildersville, and 1,470 others in the State of Tennessee, urging passage of House bill 2856, by Congressman WILL ROGERS, of Okla­homa, known as the" Pope plan", for direct Federal old-age pensions of $30 to $50 per man~ beginning at age 55, inde­pendent of State participation; to the Committee on Ways and Means.

2056. Also. petition of John Ruley, of Adairville, and 565 others in the "State of Kentucky, urging passage of House bill 2856, by Congresmnan WILL RoGERS, of Oklahoma, known as the "Pope plan'' for direct Federal old-age pensions of $30 to $50 per month beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2057. Also, petition of Mrs. J. R. Puckett, of Batesburg, and 143 others in the State of South Carolina. urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month beginning at age 55, ind~ pendent of State participation; to the Committee on Ways and Means.

2058. Also, petition of John F. Sims. of Agency, and 432 others in the state of Missouri, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the" Pope plan" for direct Federal old-age pensions of $30 to $50 per month beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2059. Also, petition of Martha Allen, of Arden, and 251 others in the State of North Carolina, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month, beginning at age of 55, independent of State participation; to the Committee on Ways and Means.

2060. Also, petition of Y. Naranjo, of Amalia, and 130 others in the state of New Mexico, urging passage of House bill 2856, by Congressman WILL RoGERS, oi Oklahoma, known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month, beginning at age of 55, independent of state participation; to the Committee on Ways and Means.

2061. Also, petition of E. A. Morris, of Alachua, and 242 others in the state of Florida, urging passage of House bill 2856, by Congressman WILL RoGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month, beginning a.t age of 55, independent of State participation; to the Committee on Ways and Means.

2062. Also, petition of D. C. Blanton. of Achille, and 150 others in the State of Oklahoma, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma., known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month, beginning a.t age 55, inde­pendent of State participation; to the Committee on Ways a.nd Means.

2063. Also, petition of Rafael Romero, of Allsion, and 35 others in the State of Colorado, urging passage of House bill 2856. by Congressman WILL ROGERS. of Oklahoma.. known as the "Pope plan" for direct Federal old-age pen­sions of $30 to $50 per month, beginning at age 55, inde­pendent of State participation; to the Committee on Ways and Means.

2064. Also, petition of Maude Malone, of Al'kansas City, and 52 others in the State of Kansas, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma., known as the "Pope plan" foz direet Federal old-age pen­sions of $30 to $50 per month, beginning at age 55, inde­pendent of State participation; to the Conmiittee on Wa.Ys and Means.

2065. Also, petition of Susan Breckenridge, of Columbus, a.nd 43 others. in the state of Indiana, urging passage of House

2646 ·CONGRESSIONAL RECORD-. HOUSE FEBRUARY 27 bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the Pope plan for direct Federal old-age pension of $30 to $50 per month, beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2066. Also, petition of L. Kelly, of Des Moines, and 18 others in the State of Iowa, urging passage of House bill 2356, by Congressman WILL ROGERS, of Oklahoma, known as the Pope plan for direct Federal old-age pensions of $30 to $50 per month, beginning at age 55, independent of State partici­Pation; to the Committee on Ways and Means.

2067. Also, petition of W. B. Salmon, of Athens, and 132 others in the State of Georgia, urging passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, known as the "Pope plan" for direct Federal old-age pensions of $30 to $50 per month, beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2068. Also, petition of Robert H. Donahue, of Albion, and 698 others in the State of Illinois, urging passage of House bill 2856, by Congressman WILL RoG~Rs, of Oklahoma, known as the "Pope plan" for direct Federal old-age pensions of $30 to $50 per month, beginning at age 55, independent of State participation; to the Committee on Ways and Means.

2069~ By Mr. RYAN:. Resolution of Group No. 1033 of the Polish National Alliance of the United States, South St. Paul, Minn., memorializing Congress to designate October 11 of each year as General Pulaski's Memorial Day; to the Com­mittee on the Judiciary.

2070. By Mr. SADOWSKI: Petition of the Automobile Club of Michigan, protesting against the continuance of the Federal gasoline tax; to the Committee on Ways and Means.

2071. By Mr. SANDERS of Texas: Petition of the citizens of the Third Congressional District in the State of Texas, numerously signed, urgtng the passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, for direct Na­tion-wide impartial system of small, reasonable pensions to persons over 55, free of State participation or State inter­ference; to the Committee on Ways and Means.

2072. By Mr. SCOTT: Petition of R. J. Freeman and nine others, of Artesia, Calif., favoring the Townsend old-age re­volving pension plan; to the Committee on Ways and Means.

2073. Also, petition of William P. Dasher and 8 others, ot Artesia; Harold Mitler and 8 others, of Long Beach; Carl Hartsell and 8 others, of Compton; Joseph A. Swift and 72 others, of Long Beach; Bertha Haywood and 19 ·others, of Redondo; and Sam Smith and 277 others, of Long Beach, all of the State of California, favoring the Townsend old-age re­volving pension plan; to the Committee on Ways and Means.

2074. By Mr. TARVER: Petition of citizens of Marietta, in the State of Georgia, numerously signed, urging the passage of House bill 2856, by Congressman WILL ROGERS, of Okla­homa, for direct Nation-wide impartial system of small, rea­sonable pensions to persons over 55, free of State participa­.tion or State interference; to the Committee on Ways and M~~ .

2075. Also, petition of citizens of Trenton, in the State of Georgia, numerously signed, urging the passage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, for direct Nation-wide impartial system of small, reasonable pensions to persons over 55, free of State participation or State inter­ference; to the Committee on Ways and Means.

2076. Also, petition of citizens of Gordon, in the State of Georgia, numerously signed, urging the pa.ssage of House bill 2856, by Congressman WILL ROGERS, of Oklahoma, for direct Nation-wide impartial system of small, rea.sonable pensions to persons over 55, free of State participation or State inter­ference; to the Committee on Ways and Means.

2077. Also, petition of Roland Black and 12 other citizens of Walker County, Ga., favoring old-age pensions; to the Committee on Ways and Means.

2078. By the SPEAKER: Petition of the Chicago Photo Engravers Union, supporting the McCarran ammendment to House Joint Resolution 117; to the Committee on Appro­priations. · 2079. Also, petition of the Crawford County Farm Bureau, Denison, Iowa; to the Commit~ on Agriculture.

HOUSE OF REPRESENTATIVES WEDNESDAY, FEBRUARY 27, 1935

The House met at 12 o'clock noon. The Chaplain, Rev. James Shera Montgomery, D. D.,

offered the fallowing prayer:

Our Father in Heaven, we thank Thee for the sacred privilege of tarrying at the seat of. prayer. Here may we be blest with that spiritual discernment and faith by which we shall realize the sympathy and the soul-inspiring influences of God; we would patiently wait for the divine disclosure. Overrule our weak tendencies, our pride, and our selfishness which strive against the commonwealth of the soul. Forbid that we should permit anything to cloud and dull the visions of the spirit. Endue us with fortitude so we shall not allow any moral feebleness to mar or lower the standards of our conduct. We are thankful for the enjoyment of the lovely things of life; but inspire us with the ministry and the abiding issues of consecrated service. At this altar we are deeply saved because we have truly served. In the name of our Redeemer. Amen.

The Journal of the proceedings of yesterday was read and approved.

MESSAGE FROM THE SENATE A message from the Senate, by Mr. Horne, its enrolling

clerk, announced that the Senate had passed without amend­ment bills of the House of the following titles:

H. R. 330. An act for the relief of Sophie de Sota; and H. R. 3373. An act for the relief of Anna s. Carrigan. The message also announced that the Senate had passed

bills and a joint resolution of the fallowing titles, in which the concurrence of the House is requested:

S. 51. An act for the relief of Frank Kroegel, alia.s Francis Kroegel;

S. 244. An act for the relief of Thomas Salleng; S. 285. An act to reimburse the estate of Mary Agnes

Roden; S. 313. An act to confer jurisdiction on the Court of

Claims to hear and determine the claim of A. C. Messler Co.; S. 447. An act conferring jurisdiction on the United States

District Court for the District of Oregon to hear, determine, and render judgment upon the suit in equity of Rakha Singh Gherwal against the United States;

s. 457. An act for the relief of John W. Beck; S. 475. An act for the relief of Mrs. · George F. Freeman; S. 481. An act authorizing the filling of vacancies in cer-

tain judgeships; S. 557. An act for the relief of certain disbursing officers

of the Army of the United States and for the settlement of individual claims approved by the War Department;

S. 558. An act for the relief of certain disbursing officers of the Army of the United States and for the settlement of an individual claim approved by the War Department;

S. 559. An act to authorize settlement, allowance, and pay­ment of certain claims;

s. 652. An act for the relief of Harold S. Shepardson; S. 788. An act for the relief of the International Mercan­

tile Marine Co.; s. 790. An act for the relief of the Compagnie Generale

Transatlantique; s. 905. An act for the relief of Edith N. Lindquist; s. 941. An act for the relief of William J. Cocke; s. 978. An act authorizing the Secretary of War to con­

vey to the University of Oregon certain lands forming a part of the Coos Head River and Harbor Reservation;

S.1008. An act for the relief of the Fairmont Creamery, of Omaha, Nebr.;

S.1012. An act for the relief of Ed Symes and wife, Eliza­beth Symes, and certain other cit~ens of the State of Texas;

s. 1082. An act for the reinstatement of John Carmichael Williams in the United States Navy;

s. 1136. An act to carry into effect the finding of the Court of Claims in the claim of Elizabeth B. Eddy;

S.1391. An act for the relief of William Lyons;