1928 CONGRESSIONAL RECORD-_SEN.A.TE 8363 section 24 of the Judicial Code of the United States with respect to the jurisdiction of the United States courts; to the Committee on the- Judiciary.

7560_ . .Also, petition of the American Legion, national legisla­tive committee, favoring the passage of the Tyson-Fitzgerald bill (S. 777), _without amendment; to the Committee on World War Veterans' Legislation. _

7561. Also, petiti,on of Gardiner H. Miller; vice president New '£ ork Cotton Exchange, opposing the passage of the Vinson bill (H. R. 11017), entitled "Cotton futures trading act," with amendments ; to the Committee on Agriculture.

· 7562. Also, petition of Liettt. A. Nemser, Brooklyn, N ... Y., favoring the passage of the Tyson-Fitzgerald bill (S. 777) without amendment; to the Committee on World War Veter-ans' Legislation. , .

7563. Also, petition -of the Americ-an 1\iedical · Association, op­posing the proposed increase in the tax imposed on physicians undet· the Harrison natcotic act; to the Committee on Ways and Jtleans.

· 7564. By Mr. O'CONNOR of New York: Resolution adopted by the executive committee of the -New York State Bar Associa­tion, opposing the enactment of Senate bill 3151 ; to the Com­mittee on the Judiciary.

7565. By Mr. SEGER: Petitions of the Passaic (N. J.) Board .of Commissioners and the Passaic Industrial Relations Com­mittee, calling attention to conditions in the band machine em­broidery industry in New Jersey and urging the United States Tariff Commission to expedite the investigation now under way; to the Committee on Ways and Means.

7566. By Mr. WASON: Petition of J. W. Peirce and 130 other residents of Claremont, N. H., urging that immediate steps be taken to 'bring to a vote a Civil War pension bill in order that relief may be acco.rded to needy and sufrering veterans and widows of veterans; to the Committee on Invalid Pensions.

SENATE FRIDAY~ May 11,.1~8

(Leg(slatitve dAy ot Thursilay, Ma;y 3, 1928)

; . The Senate reassembled at -12 o'clock meridian, on the ex­piration -of the .recess.

.. ~, The VIC.E PRESIDENT. The Senate will receive a mes­sage from the House of Representatives. r.i . MESSAGE FROM THE HOUSE

. · .A :p1e sag~· from the House of Representatives, by Mr. Ha.lti.­gan, op.e of its clerks, announce~ that the House had agreed to the report of the committee of conference on the disagreeing

' votes of the two Houses on the amendments of the Senate to .t.Iie ·bill (H. R. 11577) making appropriations for the Depart­ment of Agriculture for the fiscal year ending June 30, 1929, and for other purposes; that the House had receded. from its .disagreement to the aroendmen_t of the Senate No. 98 to the 'said bill arid concurred therein; that the House had receded from its disagreement to the amendments of the Senate Nos. 56, . 59, 80, 84, 85, 86," 99, and 102, and agreed thereto severally with an amendment, in which it requested the concurrence of the Senate; and that the House further insisted on its dis­.agr~nient to· the amendment of the Senate No.-100.

The message also announced that the House had agreed to the report of the committee of -conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill' (H. R. 12875) making appropriations for the legisla­tive branch of the G-overnment for the fiscal year ending June '30, 1929, and for other purposes ; that the House had receded from its disagreement to· the amendment of the Senate No. 46 to the said bill and concurred therein ; and that the House had receded from its disagreement to the amendplents of the Senate Nos. 42 and 43, and agreed thereto each with an amend­ment, in which it requested the concuiTence of the Senate.

The message further announced that the House had agreed to the amendments of the Senate to the bill (H. R. 4664) for the relief of Capt. George R. Armstrong, United States Army, retired.

ENROLLED BILLS SIGNED

The message also announ~ that the Speaker had affixed his signature to the following enrolled bills, and . they were signed by the Vice President: .

S. 3598. An act authorizing Dupo Bridge Co., a Missouri cor­J}oration, its successors and assigns, to construct, maintain, and pperate a combined highway and railroad bridge across the

. Mississippi Ri-ver at or near Carondele-t, Mo. ; and

H. R:11026. An act to provide for the coordination of the public-health acti.vi,ties of the Government, and f()r other pur­poses.

CQTI'ON-PRICE PREDICTIONS

The VICE PRESIDENT. Under the unanimous-consent agreement entered into last evening -the Ohair lays berore the Senate Calendar No. 866, the bill ( S. 38'45) to prohibit predic­tions with respect to cotton prices in any report, bulletin, or &tber publi~tion issued by ~Y department ot• other establish­ment in the executive branch of the Governme.flt.

The Senate, as in Committee of the Whole, proceeded to con­sider the bill, which had been reported from the Committee on Agriculture and Forestry with an amendment, on page 1, line 8, after the word n cotton," to strike out the words " corn (maiwr, wheat, rye, oats, barley, flaxseed, or o-ther grain, or" and to insert the word ." or," so _as to make the bill read:

Be it enacted~ etc.~ That it shall be unlawful for any officer or em­ployee of any department or other establishment in the executive branch of the Government to include, or cause to be included, in any report, bulletin, or other publication issued by such department or estab­lishment any prediction with respect to prices of cotton, or to cause to be published any sue~ report, · bUlletin, or other publication con­taining any such prediction, or to authorize the publication of any statement or interview containing any such prediction which is based upon information received from official sources. Any such officer or employee who violates the prortsions of this act shall, upon conviction thereof, be fined not less than $10,000 or imprisoned for not more than five years, or both.

The VICE PRESIDE~~. The question is on agreeing to the amendment of the committee.

1\!r. HEFLIN. Mr. President, I have just been reminded that at 3 oclock this afternoon the Senate will engage in me­morial services for the late Senator Willis, of · Ohio. I do not desire to ma~e a speech, therefore, at this time. I am willing to have a vote on the bill.

Mr. SHORTRIDGE. Mr. President, I promise the Senate I shall detain it but a few moments to make a brief statement in regard to the bill now pending. ·

First, I wish to :inrite attention to the fact that on March 29 last the chairman of the Committee-on Agriculture and Forestry, the very able and broad-minded Senator from Oregon [Mr. Mo­NARY], called up for further consideration House bill 11577, the Agricultural Department appropriation bill. After full consid­eration of that important appropriation bill the committee. through its chairman, had reported ~t, with certain amendments.

The first amendment proposed by the Committee 01;1 Appro­priations was, under the heading "Office of Secretary, salaries," on page 3, line 14, before the word "cotton," to insert "wheat and," so as to "make the further proviso read."

The proviso as amended by including "wheat," which many deemed wise, took on this form ~d passed the Senate in this form, namely :

Provid-ed- further, That no part of the funds appropriated by this act shall be used for the payment of any officer or employee of the Depart­ment of Agriculture who, as such officer or employee, or on behalf of the department or any . division, commission, or bureau thereof, issues or causes to be issued, any prediction, oral or written, or forecast with respect to tuture prices of wheat and cotton or the trend of same.

The Senate, presumably made up of thougn_ttul mEm who think of more things than one, deemed it wise to add to the House bill the words "wheat anQ.," so that those -predictions in respect of prices, considered harmful, should not be made in respect of either of those two great agricultural products­wheat and cotton. In that form the bill passed the Senate and went into conference, and not until this morning .have we re­ceived the report of o~ committee on conference. I was ad­vised but a moment ago that for reasons which I do not now understand the conference committee bas eliminated the words "wheat and," so that the Agricultm:al Department appropri­ation bill, in so far as the proviso which we have under con­sideration is concerned, remains as it came to us from the House and applies only to the prediction of prices in respect of cotton. I am not quarreling and I never have quarreled over this proposition, but in order that the RECoRD may stand for anyone who hereafter may be interested in looking it over, I have sought an opportunity to state what I have said and now proceed to say.

The appropriation bill passed the House ab-out March 3. Coming to the Senate it passed the Senate, as I have stated, on March 29, containing the proviso as an amendment by this body. The Senator from Alabama, feeling-! must assume and I do assume--that he was rendering a public serrice, 11 few days

.8364 CONGRESSIONAL RECORD-SENATE MAY 11 later, on March 30, introduced the bill which i s immediately before us, Senate bill 3845-I have been told, and the Senator has so stated, and if he had not so stated I might have logically inferred-that he introduced this bill in order further to safe­guard and prevent the doing of that which the proviso said might not be done. The proviso was to the effect that no money appropriated by the bill should be devoted to the payment of the salary of anyone who should do this inhibited thing. That may not have been a sufficient safeguard against a violation of the law, though I take pride in saying that I am not one who assumes that men violate the law or that sworn officers will trample upon the law when it is plainly written in the statute.

However, I do not complain of further safeguarding where it is deemed wise to prevent the doing of a given inhibited act. So the Senator from Alabam~ introduced Senate IJill 3845, which provides:

That it shall be unlawful for any officer or employee of any depar~ ment or other establishment in the executive branch of the Government to include, or cause to be included, in any report, bulletin, or other publication i sued by such department or establishment any prediction with respect to prices of cotton, corn (maize), wheat, rye, oats, barley, :tl.axseed, or other grain, or to cause to be published any such report, bulletin-

And so forth. Then it provides a penalty for the violation of this contemplated statute.

When this matter was brought up a few days ago, I was curious to know why, if it be wise economically to prohibit by penal statute the putting forth of predictions as to future prices of cotton, it was not equally economically wise td prohibit by penal statute the putting forth of like predictions in respe~t of future prices of wheat or other agricultural products men­tioned in the Senator's bill as by him introduced. I was made curious because the Senate had three days before amended the H ouse appropriation bill, upon the theory, I must assume, that the Senate thought it equally harmful and. economically unwise to make predictions in respect to wheat as in the case of cotton.

Mr. HEFLIN. Mr. President, will the Senator fro~ Cali­fornia yield to me?

Mr. SHORTRIDGE. When the bill came before us-­Mr. HEFLIN. I want to remind the Senator that there are

only a few more minutes left, and I should like. to have one of those.

Mr. SHORTRIDGE. I understood the Senator to say that he did not desire to make any remark , but I imagine that a few more minutes will be allowed us to consider and dispose of th~ matter. I have taken very little time on this or any other matter and I am about through.

Mr. FESS. Mr. President, will the Senator yield? 1\ir. SHORTRIDGE. I yield. Mr. FESS. I wish to ask the Senator a question, in view of

the fact that I have not gone into this que tion very fully. I am in doubt as to why there should not be an absolute prohibi­tion as to the prediction of prices. I think we ought to have all the facts connected with production, but I do not see why there should be any prediction of prices in any case. I am in doubt about it my elf.

Mr. SHORTRIDGE. Mr. President, the appropriation bill which is now awaiting the signature of the President inhibits price predictions only as to cotton, for I observe by the .confer­ence report that the provision as to wheat has been stricken out.

Mr. HEFLIN. I can tell the Senator the reason why that was done. The Senators from the grain-growing States pre­ferred not to go into this question. at this time. They wanted an opportunity to look into it and draw a bill to suit the situa­tion as to grain. I will join with them and vote for such a bill at any time they may bring it before us.

Mr. SHORTRIDGE. To make an end and not to violate or to ask to have a violation of the consent agreement, for reasons which the Senator has I).Ot been given an opportunity to state he eliminated from his bill all farm products except cotton ; and I say to him now that my purpose the other day in object­ing" for the moment," as the RECORD shows I said, was that we might develop this question to ascertain why the Senator appar­ently had consented to eliminate from his bill all farm products except cotton.

Mr. EDGE. Mr. President, will the Senator permit one short question?

Mr. SHORTRIDGE. Yes; certainly. Mr. EDGE. I understand the Senator to take the position

that the provision in the bill under consideration is already contained in the appropriation bill now awaiting the P re ·i­dent's signature?

Mr. SHORTRIDGE. In the agricultural appropriation bill as it passed the Senate the provision was that no part of the moneys appropriated should be paid to anyone who issued or caused to be issued such predictions as to wheat or cotton. The bill inh·oduced by the Senator from Alabama goes further and imposes a penalty, a money fine and a prison sentence, for a violation of the statute.

Mr. EDGE. Then. the difference is simply as to the penalty; is that it?

Mr. SHORTRIDGE. Yes; the appropriation bill withholds the salary, and the bill under consideration punishes by fine or imprisonment, or both, of anyone making prediction as to cotton prices. But what I have desired to make clear is that the appropriation bill as it pa sed the Senate prohibited pre­diction of prices of wheat or cotton, and that Senate bill' 3845 as introduced prohibited like predictions as to " cotton corn (maize), wheat, rye, oats, barley, :flaxseed, or other grain." The conference report just now read strikes out the words "wheat and," and Senate bill 3845 has been amended in the manner I have stated, so that both bills prohibit and make unlawful preductions as to prices of cotton.

'M:r. NORRIS. Mr. President, I think the Senator, on reflec­tion, will have to correct his answer to the Senator from New Jersey. The provision contained in the appropriation bill is purely ·a limitation and applies only to the fiscal year for which the appropriation is made, while the bill of the Senator from Alabama becomes permanent law.

Mr. BORAH. Mr. President, I should like to ask what is the penalty provided for in the pending bill?

Mr. HEFLIN. In my bill the penalty is a $10,000 fine and five years' imprisonment, either or both.

Mr. BORAH. I am informed that the bill provides a penalty of not less than a fin·e of $10,000, in addition to imprisonment. Is that the case?

Mr. JOHNSON. That is the language of the bill. Mr. HEFLIN. Personally, I should favor a fine of $100,000,

because the cotton price prediction they made last year in the Agricultural Department cost the cotton producers between $250,000,000 and $400,000,000. If a Government official shall be permitted to make price predictions as to grain or cotton and can be considered as having that authority, he could make $25,000,000 a year by selling out. I can not escape the convic­tion that the prediction last September was brought about by corrupt influences. It looks bad. My bill contains a provision which will prevent the repetition of that crime. The penalty for such a crime hould be evere. ·

Mr. BORAH. I think the penalty provided for the Senator's bill is a little drastic; that is all. I am in'clined to view the principle for which he is contending favorably, but I should hesitate to vote for a fine of " not less than '' $10,000.

Mr. HEFLIN. The bill provides as a penalty a fine of not less than $10,000 or imprisonment for not more than five years or both. I hope that Senators will not object to that. This is a very important mutter so far as the cotton producers are concerned.

Me. NORRIS. l\Ir. President, will the Senator yield? l\Ir. HEFLIN. I yield. Mr. NORRIS. If the bill provides a penalty of not less than

$10,000 the court might assess a penalty of $100,000, might it not?

Mr. HEFLIN. Well, what we wa,nt to do is to make it absolutely impossible for such a thing ever to happen again.

Mr. NORRIS. I realize that, but it does seem to me that the penalty provided in the bill ought to be a little more definite.

Mr. HEFLIN. Here is the point, if the Senator will permit me: The b~ll is designed to prevent outside interests approach­ing any Government official or employee and undertaking to get him to do this wicked thing as was done in a somewhat similar matter in the case of Hyde and Holmes, employees of the Agricultural Department in 1904, they were paid $40,000 for their crime. One of them fled the country and is now in Europe. If we make the penalty severe a man will hesitate before he .will go into this sort of corrupt deal, particularly if he knows that he is liaple to be fined not less than $10,000 and imprisoned for five years. Under those circum tances he will not betray the great producing classes ~n thi country engaged in the cotton busine s. I want the penalty severe. I do not think we ought to make it easy or in any way shield those who would do such ~ corrupt and criminal thing. I thinlt we ought to punish them to the limit; that is the way I feel about it. That price prediction in September, 1927, was an awful blow to the cotton grower of the South and al o to the merchants and bankers, and t~ere ought to be something done to stop this thing immediately.

1928 CONGRESSIONAL RECORD-SEN ATE 8365 :Mr. SHORTRIDGE. Mr. President---' 1\lr. HEFLIN. I yield to the Senator from California. M:r. SHORTRIDGE. I wish to propound a question. If

the Senator desires now to answer, well and good; if not, he may answer later. I was curious to know, if it is wise and right to prevent by a penal statute these predictions in respect of cotton, why the Senator does not stand firm for the bill as introduced and presented as to other agricultural products?

Mr. HEFLIN. I am in favor of that. I put them in; but when the grain growers wantetl a chance to investigate the matter regarding grain and to prepare a separate bill for grain and other western products themselves I agreed to ·it and struck out that provision at their request. Very frequently the Senators from the cotton-growing South vote with the Senators from the grain-growing West on measures that affect the grain grower, and they usually vote with us on questions affecting cotton, and so forth. I struck it out at their sugges-tion, and I am ready for a vote. ·

Mr. BRUCE. Mr. President, if the Senator will allow me, I should like to offer an amendment to the bill.

The VICE PRESIDENT. 'l'he committee amendment is in order first. The question is on agreeing to the committee amendment on page 1, line 8.

Mr. NORRIS. Let it be stated. The VICE PRESIDENT. The amendment will be stated. The CHIEF CLERK. On page 1, line 8, the committee proposes

to strike out " corn (maize), wheat, rye, oats, barley, flaxseed, or other grain, or" and to insert "or," so that, if amended, it will read:

Any prediction with respect to prices of cotton or to cause to be published any such report-

And so forth. The amendment was agreed to. 'l'he VICE PRESIDENT. The amendment offered by the

Senator from Maryland will be stated. The CHIEF CLERic The Senator from Maryland proposes, on

page 2, line 6, to strike out " $10,000 " and insert in. lieu thereof " $2,500" ; and in the same line to strike out " five years" and insert "two years."

Mr. NORRIS. That will not make any difference. If it is "not less than $2,500," why could it not still be a million dollars?

Mr. BRUCE. I simply propose to change the figure" $10,000" to " $2,500" and the word "five" in connection with the num­ber of years to " two " ; that is all.

Mr. NORRIS. Yes; but the language is "not less than ·$2,500." It seems to me we ought to have a maximum limit. I do not know what it ought to be; but we ought to fix it, anyway.

Mr. BRUCE. Yes; that is true. I thank the Senator for calling my attention to that. I did not observe it. I move, then, to substitute the words "not more than" for "not less than" in each place in connection with the years and in connection with the amount of pecuniary penalty.

:Mr. HEFLIN. Mr. President, I hope the amendment will be rejected. If we are going to pass a bill here to protect and encourage this sort of conduct in the Government service, very well; but the idea of not wanting to impose a penalty of $10,000 on a Government employee whose strange and reprehensible conduct has cost the cotton producers $400,000,000 on one crop and which has caused them physical discomfort, financial embar­rassment, an<l many of them the loss of their homes and farms is something I can not understand. Every witness before the Agricultural Committee except the Government employees has sworn that this cotton-price prediction broke the price of cotton and caused this loss. I am willing to submit the matter for a vote.

The VICE PRESIDENT. The hour of 12.30 o'clock p. m. having arrived, the question is on the amendment of the Senator from Maryland, which will be stated.

The CHIEF CLERK. On page 2, line 5, it is proposed to !;trike out " less " and insert " more"; on line 6 to strike out " $10,000" and insert " $2. 500 " ; and, on the same line, to strike out " five " and insert "two," so that if amended i t will read:

Any such officer or empl{)yee who violates the proYisions of this act shall upon conviction thereof be fined not more than $2,500 or impris­oned for not more than two years, or both.

Mr. HEFLIN. :Mr. President, I offer an amendment in the form of a substitute for the amendment of the Senator from Maryland providing that the fine shall be not more than $15,000, and the imprisonment not more than five years.

The VICE PRESIDENT. The question is on the substltute amendment offered b:v the Senator from Alabama. [P:1tting the question.] The Chair is in doubt.

1\Ir. SMOOT. I call for a division. On a division, Mr. IlEFLIN's substitute amendment was

agreed to. Mr. TYDINGS. Mr. President, do I understand that the

amendment just adopted makes the penalty not less than $15,000?

Mr. HEFLIN. No; not more. 1\Ir. TYDINGS. Not more than $15,000 and not more than

five years' impri'3onment? Then I suppose, under that, a man could be fined $1,000 and given six months' imprisonment?

1\Ir. HEFLIN. It could be done by the court but I do not think it would be.

The VICTil PRESIDENT. The question is not debatable. The bill was reported to the Senate as amended, and the

amendments were concurred in. The bill was ordered to be engrossed for a third reading

and was read the third time. The VICE PRESIDENT. The question is, Shall the bill

pass? Mr. REED of Pennsylvania and Mr. HEFLIN called for the

yeas and nays, and they were ordered. . The VICE PRESIDENT. The Secretary will call the roll. The Chief Clerk proceeded to call the roll. Mr. CURTIS (when his name was called). I have a general

pair with the Senator from Arkansas [1\Ir. RoBINSON]. In his _absence, and not knowing how he would vote, I withhold my vote. If at liberty to vote, I should vote " yea."

Mr. FESS (when his name was called). I have a pair with the senior Senator from Tennessee [Mr. McKELLAR]. Not knowing how he would vote on this measure, I shall have to withhold my vote. If at liberty to vote, I should vote "yea."

Mr. WATSON (when his name was called). I have a gen­eral pair with the senior Senator from South Carolina [Mr. SMITH]. Not knowing how he would vote; I withhold my vote.

The r oll call was concluded. Mr. CURTIS. I transfer my pair with the Senator from

Arkansas [Mr. RoBINSON] to the Senator from Colorado [Mr. PHIPPS] ~nd will vote. I vote "yea."

Mr. COPELAND. I have a pair on this matter with the Senator from Rhode Island [Mr. METcALF]. Not knowing how he would vote, I withhold my vote.

Mr. BRUCE (after having voted in the -negative). I desire to change my vote from "nay" to "yea." I have favored this bill from the beginning. I simply thought the penalty was too high. I tried to reduce it and failed.

Mr. ASHURST. The junior Senator from Ariwn.a. [Mr. HAYDEN] is unavoidably detained on an important matter. If he were present, he would vote" yea."

Mr. BRATTON. I have a pair with the junior Senator from Indiana [Mr. RoBINSON]. I transfer that pair to the senior Senator from l\Iis,souri [Mr. REED] and will vote. I vote "yea."

Mr. WALSH of Montana. I rise to announce that the Sena­tor from Arkansas [Mr. RoBINSON] is necessarily and unavoid­ably absent. If present, he would vote " yea."

1\Ir. JONES. I desire to announce that the Senator from Delaware [Mr. nu PONT] has a general pair with the Senator from Florida [Mr. TRAMMELL].

The result was announced-yeas 65, nays 9, as follows:

Ashurst Barkley Bayard Black Blaine Blease Borah B~·atton Brookhart Broussard Bruce Capper Caraway Couzens Curtis Cutting Dill

Bingham Dale Edwards

Fletcher Frazier George Gerry Glass Goff Gould Hale Harris Harrison Hawes Hefl in Howell Johson Jones Kendrick· Keyes

Gillett Greene

YE.A.S-65 King La Follette Locbet· McMaster McNary Mayfield Neely Norris Nye Oudie Overman Pine Pittman Ransdell Sackett Schall Sheppard

NAYS-9

Moses Reed, Pa.

NOT VOTING-20 Copeland Gooding Deneen Hayden du Pont McKellar Edge McLean Fess Metcalf

So the bill was passed.

Norbeck Phipps RPed, Uo. Rob.iuson, Ark. Robinson, Ind.

Shipstead Shortridge Simmons Smoot Steck Thomas Tydings 'l'yson Vandenberg Wagner Walsh, Mass. Walsh, Mont. Warren Wheeler

Steiwcr Waterman

Smith Stephens Swanson Trammell Watson

The title was amended so as to read: "A bill to prohibit pre­dictions with respect to cotton prices in any report, bulletin,

8366 CONGRESSIONAL RECORD-SENATE MAY 11 or other publication issued by any department or other estab­lishment in the executive branch of the Government."

LEGISLATIVE ESTABLISHMENT APPROPRIATIONS

Mr. WARREN. I a k that the Chair lay before the Senate the action of the House of Representatives on certain amend­ments of the Senate to the legislative appropriation bill.

The VICE PRESIDENT laid before the Senate the action of the House, which wa read, a follows:

IN THlil HOUSE OF REPRESE~TATIYES, UNITED STATES,

May 10, 19!8. Resolt·ed, That the Ilouse recede from its disagreement to the amend­

ment of the Senate No. 46 to the bill (H. R. 12875) entitled ".An act making appropriations for the legislative branch of the Government for the fiscal year ending June 30, 1929, and for other purposes," and concur therein.

That the House recede from its disagreement to the amendment of the Senate No. 42, and agree to the same with an amendment as follows:

After the word " Rules," on page 25, line 9, insert the following : "without compliance with sections 3709 and 3744 of the Revised Stat­utes of the United States: Provided, That the Architect of the Capitol is authorized, within the appropriation herein made, to enter into such contracts in the market, to make such expenditures (including expendi­tures for furniture, material, supplies, equipment, accessories, adver­tising, travel, and subsistence), and to employ such professional and other assistants without regard to the provisions of section 35 of the public buildings omnibus act, approved June 25, 1910, as amended, as may be approved by such committee."

That the House recede from its disagreement to the amendment of the Senate No. 43, and agree to the same with an amendment as follows: - In lieu of the language as proposed by the Senate insert the follow­ing: "without compliance with sections 3709 and 3744 of the Revised Statutes of the United States."

Mr. DILL. Mr. President, what is this new power which is given the Archite<..'t of the Capitol!

Mr. WARREN. It is the perfection of an amendment that was adopted in the last hours of the consideration of the bill, to expend • 500,000 in remodeling the Senate Chamber. On the floor, under unanimous consent, another amendment was added. Upon the matter going to the House, they felt that it was im­perfect. They have perfected it, and we propose to concur in their action.

Mr. DILL. It doe not change the effect of the amendment! Mr. WARREN. It makes it better; that is all. I move that the Senate concur in the amendments of the

House to the amendments of the Senate Nos. 42 and 43. The motion was agreed to.

PROPAGANDA IN FAVOR OF PUBLIC UTILITIES

Mr. WALSH of Montana. 1\fr. President, I have on more than one occasion had incorporated in the REcouo summaries of testi­mony given before the Federal Trade Commi sion of the investi­gation now being conducted by it under a resolution of the Senate concerning public utilities. I invited special attention to the fact that book , pamphlets, and other literature, prepared by paid agents of the utilities companies, had been introduced in the schools for the purpose of poi oning the minds of our youth.

I have learned that considerable indignation has been aroused over these revelation in the State of Connecticut, so much so that a pamphlet referred to as a "public-utility catechism" has been banned from the sehools of a number of cities of Con­necticut and particularly from the Bridgeport schools. The Bridgeport Times-Star of 1\londay, :May 7, 1928, had a ringing editorial upon this menace, which I ask may be read from the desk.

The VICE PRESIDEI\TT. Without objection, the clerk will read, a · reque ted.

The Chief Clerk read the editorial, as follows : [From the Bridgeport Times-Star, 1\lo~day, l\Iay 7, 1928]

NEYER •roo LATE TO !IH~ND

'l'be teaching body of Bridgel){>rt must be practically of one mind con­cerning the action of their ·uperintendent, Carrol R. Reed, in banning the Willard public-utility catechism from the curriculum of our public schools. The time-honored phrase, so univt.>rsally quoted throughout American life, that "eternal vigilance is the price of liberty" never more tmly applies than in such instances as these.

Our school officials should set themselves against such traps, because the woods are full of wily, cunning schemers, who are well paid by private plutocratic agencit.>s, to play up their particular brand of propagan!la.

Our children arc entitled to know the facts of life and the lessons which may fairly be drawn therefrom. It is not fair to fill them with half truths or permit the teaching to them of deductions drawn by those who have special interests to serve. There ought to be no chicanery practiced in this department of life. Our prospering and dividend-enriching public utilities, most of which, by the way, enjoy a monopoly of their service in their own field, do not need to resort to such practices. They are entitled to have their view of what they conceive to be the evils of municipal or public ownership of utilities publicly paraded, but they err if they assume they are entitled to an exclusive hearing. The opponents of their views have an equal right to be heard. Our public schools are not intended to be used as a feeding ground for such exploitation. These are problems for the more adult. Hitherto they have been fought out in legislative halls or in the forum of the press and in public addresses.

Wealth, power, and privilege organized are forces in American life which can not be denied. But none of these nor all combined are now or ever will be·powerful enough to destroy the fundamental principle underlying free and popular education.

Know the truth that the truth may make you free, stands to-day as it bas since the inception of our Republic. We submit that teaching such as it was sough t to convey in these partisanly prepared pamphlets is against the ethics of this cherished principle.

In banning this propaganda from our schools Superinten1lent Reed will be upheld by all fair-minded people. It is to his credit that when apprised of what was going on ht.>re, he acted with firmness and prompt­ness.

Mr. WALSH of 1\Iontana. I offer for the RECORD, without reading, another editorial from the same paper.

The VICE PRESIDENT. Without objection, the editorial will be printed in the RECORD.

The editorial is as follows : [From the Bridgeport Times-Star, Thursday, May 3, 1928]

ED11't:ATING THE PUBLIC

Clarence G. Willard, of New Haven, contributed some illuminating information to the l!'ederal Trade Commission before which body he was called on Wednesday to tell of his activities as a publicity agent for various -public utilities of Connecticut. Mr. Willard is the author of the Connecticut Public Utility· Catechism, which, be said, is in use in some 70 high schools of the State.

Such public utility corporations as the New Haven road, the telephone company, the Connecticut Co., and the Connecticut Light & Power Co. furnish most of the financial sustenance for the employment of Mr. Willard, who is the secretary of the Connecticut committee on public utilities.

Connecticut newspapers, according to Mr. Willard, have used his "boiler plate" and clip-sheet stuff without disclosing its source.

These oracles of public opinion will find it a bit awkwat·d to give three cheers for the sentiment expressed by Mr. Willard in a letter which he wrote to a. fellow public utility press agent in a larger field. '!'his letter was identified by 1\!t·. Willard as one he wrote. In it he said:

" Connecticut has a good public opinion of utilities and is not bothered by public or political opposition on the whole.

"We can show exceptional newspaper cooperation and exceptional high-school cooperation, and in taking good care of both of these matters we apparently are more than satisfying our company membership."

We hasten to congratulate Mr. Willard upon his success as an evangelizer.

We do not know whether the success he has achieved in soft­pedaling opposition to the priceless charter privileges which this State has conferred, without remuneration, to numerous groups abiding with­out its confines is due to the efficacy of his school catechism or to his boiler plate and clip sheet.

Either one of these two fountains of embellishe!l intelligence is in line for congratulations. Which shall it be? Perhaps the boiler-plate and clip-sheet users may inform us.

Mr. WALSH of l\Iontana. More recent te timony discloses that similar literature has been introduced into the school of Ohio, Georgia, and Florida. An article in the Wa hington Herald of 1\Iay 10, by Mr. Clapp, tells about the revelations concerning the inh·oduction of this matter into the chools of Ohio. I offer that for the llECOl~D, without rending, and I do o particularly becau e it discloses that a book, gotten out by

the paid agents of the utilitie company, ha been circulated un\]er the pretended authority of the Smithsonian In t itution.

Mr. NORRIS. l\Ir. President, the Senator refers to 1\Ir. Wyer!

Mr. WALSH of Montana. Yes. 1\fr. NORRIS. I am going to offer, later in the day, a letter

from Mr. Wyer. The VICE PRESIDENT. Without objection, it is so ordered.

1928 CONGRESSIONAL RECORD-SENATE 8367 The article is as follows :

EVIDENCE GIVEN OF PROPAGANDA PUT OUT UNDER F!IDERAL FRANK---' PAMPHLET ATTACKING CANADIAN PLANT SHOWN ISSUED AS A SMITH­SONIAN PUBLICATION-$3,000 PAID TO DOCTOR WYER-190,000 TEXT­BOOKS ATTACKING PUBLIC OWNESHIP ISSUED TO PUBLIC SCHOOLS IN STATE

By Edwin ;r, Clapp

Ohio Day was celebrated yesterday at the big fair being held in the bearing room of the Federal Trade Commission investigating the oper­ations of the organized power interests in getting control of schools, press, and legislature.

The Ohio gang disclosed themselves as being fully as capable as . their brothers in Pennsylvania and Conneeticut, who testified last

week. SMITHSO:'-liAN USED

The central figure in to-day's testimony was Dr. Samuel S. Wyer, who in 1024 " agreed to accept " from the National Eleetric Light Association $3,000 and expenses for writing a pamphlet attacking Gov­ernment ownership in general and the Ontario "hydroelectric power commission in particular. Wyer succeeded in getting the pamphlet put out as a publication of the Smithsonian Institution, to the great subsequent embauassment of that institution.

Publicity Director George F. Oxley, of the National Electric Light As­socia tion, testified he had no doubt Wyer received the money as agreed. Managing Director Aylesworth, of the National Electric Light Associa­tion in 1925, stoutly denied his association had paid a cent for writing the pamphlet. It was hastily put out in January, 1925, and sent through the country under Government frank, just at the time the Muscle Shoals bill was up for vote.

RESENTED BY CANADA An international incident was made of the matter when Sir Adam

Beck, head of the public-owned Ontario hydroelectric bitterly attacked Wyer's statements and arraigned the SmithsQnian for sponsoring an allegedly mendacious attack upon the chief public enterprise of a friendly nation.

Wyer wa.<;; disclosed yesterday as the paid author of the latest anti;­Boulder Dam pamphlet, which he was hired to write by the Ohio State Chamber of Commerce, this organization for some reason interesting itself in broadcasting the pamphlet throughout the country. The offi­cial anti-Boulder Dam publication of the power lobby, the joint com­mittee of National Utility Associations, was produced by Dr. Frank Bohn, formerly coauthor of communistic literature with William D. ("Big Blll ") Haywood. Bohn got $800 for his effort. Wyer's pay from the Ohio State chamber was not disclosed.

WYER ASSAILED BY LEWIS It was learned in Washington yesterday that in January of this year

;John L. Lewis, president of the United l\:line Workers of America, de­nounced Wyer for a pamphlet he wrote for the coal operators. The Ohio State Chamber of Commerce, which bas been the center of anti­Boulder Dam agitation and resolutions in State chambers throughout the country, yesterday had in the commission's record a recommen~a­tion of its public utilities committee., dated March 29, 1928, against the Colorado River project. It was revealed that this approved the Wyer pamphlet in the face of protests from Commissioner of Reclama­tion Elwood Mead ; Charles L. Childers, general counsel !or the Impe­rial Irrigation District of California; and T. A. Panter, Los Angeles electric engineer.

The committee attacked Secretary Work's recommendation that the dam be built with the following passage in its resolution:

'' Here is another Federal bureau eagerly grasping for power and jealously defending one of its projects. It is another example of the

=tendency toward consolidation of power in the Federal Government." An elaborate organization of women's committees and women speakers

was disclosed when tbe commission admitted into the record the min­utes of a meeting · of the women's committee, public relations national section, National Electric Light Association, at the Edgewater Beach Hotel, Chicago, August 22-23, 1927.

PROPAGANDA OUTLINED Quotations follow: " Study of private and political ownership of industry will be the

important topic of this year's study program. A list of suitable material Will be prepared and offered to the membership. The joint committee of Utility .Associations is now sending its weekly bulletin to all members of the national committee.

" Training of women w,ho have shown an aptitude for speaking in public should be continued. Addresses for schools are urged particu­larly. The audiences Qf young people represent families not always reached through women's or commercial clubs.

" Invitations to club women to attend regular women's committee meetings result in better acquaintance and frequently in opportunities to utility people to appear before clubs, etc.

" The study of the economics of ·utilities should be one of the impor­tant subjects in every committee meeting. Son:te of the material suit-

able for such study is Dean Heilman's lectures, which are recom­mended in all committee programs."

One of Dean Ralph E. Heilman's Ieetures, reprinted and circulated by the national women's committee, asserts that reduction of rates by a public-service commission is a confiscation of property forbidden by the United States Constitution.

Ira L. Grimshaw, assistant to the director of the power lobby in New York, yesterday testified that Ernest C. Greenwood, former member of the Board of Education in Washington, was not only paid $5,000 for writing a propaganda book, "Aladdin U. S. A.," but also received an unnamed sum for making an 11 editorial survey " of newspapers with respect to their views of public ownership, delivered to Greenwood's employers last July .

CHILDREN TAUGHT Cross-questioned by Judge Robert E. Healy, commission chief counsel,

F. L. Bollmeyer, director of the Ohio committee on public utility infor­mation, testified children in 6!i0 Ohio high schools, in 300 cities and towns, are taught about power and utilities from a textbook compiled by Bollmeyer's committee, entitled ".Aladdins of Industry: A text­book compiled especially for use in the schools and colleges of Ohio, comprising a survey of several major pu!Jlic services. Fifth edition." According to its preface, the textbook is to be used as follows :

"Compiled for use of students in English, current topics, science and social science classes, and for reference in preparing debates. It is suggested that the questions on the text at the end of each chapter be used by class leader or by the instructor in a 10-minute quiz."

"AI.iddins of Industry" teaches, among other things, that the troubles of street railway companies, "experts say," have been due to the survival of the 5-cent fare through the war period. The view is set forth ·that the failure of compan.ies held down fo a low fare bas " worked a great hardship upon all other business and upon the public."

DISTRIBUTION REVEALED ;Judge Healy questioned Bollmeyer as follows : "Q. How many of these 'Aladdins of Industry' were. distributed for

a period of two years ?-A. I should say around 190,000. 11 Q. One hundred and ninety thousand? Where were they sent ?-A.

To high schools and, in a few instances, to some colleges. " Q. Will you tell us as nearly as you cau how many were distributed

in the high schools of Cleveland ?-A. Well, I should say there have been distributed in its high schools between 10,000 and 15,000, maybe a few more.

" Q. Approximately bow much did it cost to print the first edition?­A. Approximately 5 cents apiece."

Dean c. 0. Ruggles, of Ohio State University School . of Commerce, came into the picture again yesterday when D. L. Gaskill, secretary­treasurer of the east central division of the National Electric Light Association, testified Ruggles was part author Qf a questionnaire sent out to utility executives of Ohio asking for information regarding the tie-ups they were effecting with edncati_onal institutions. Typical questions were :

"Has anyone from your organization given any lectUI·es, talks, or participated in any discussions in any college or univers;ity on subjects dealing directly or indirectly with public utilities? If so, in what institutions, approximate dates of such participation, names Qf par­ticipants, and subjects discussed?

SUGGESTIONS INVITED

"Can you suggest some research studies in your territory which have been completed or which might be undertaken, the results of which would probably be valuable in university teaching?

"(a) Of an engineering nature? "(b) In the field of economics, such as taxation, valuation, and rate

problems, future demand, etc.? "(c) Public utility legislation and court decisions?" Ruggles is now conducting a nation-wide 11 educational survey" for

the N.atiQnal Electric Light Association. Light association checks put into the commission's record inuicate his pay for this work is $1,250 a month and expenses.

Judge Healy expressed interest in the large amount of free publicity, in news colu!DJls and editorials, obtained through the medium of news bulletins broadcast by Bollmeyer's committee. The ex.amination pro­ceeded:

" Q. It is not necessary to read it into the record, but I would like to have you tell me if the statement there that 10,500 column-inches of the · committee's news matel"ial has been reprinted by newspapers is correct.-A. I imagine it is.

" Q. And that more than 200 editorials based upon your material has been printed by Ohio newspapers ?-A. I believe it is.

300 PAMPHLETS ISSUED

"Q. And was it true that the committee sent out 300 pamphlets and reprints in its efl'orts to build better public relations ?-A. Yes; I imagine that is true. I imagine that covers the period of. a year, although there is no date on it."

8368 CONGRESSIONAL RECORD-SEN ATE MAY 11 The Jinancial responsibillty of the National Electric Light Association

for the Wyer Smithsonian pamphlet was fairly well established by Judge Healy, questioning the a sociation's publicity director :

" Q. Is that the pamphlet which was printed with the Smithsonian Institution imprint on tlle cover ?-A. There is no question. It was printed by and at the order of the Smithsonian Institution.

"Q. Now, is there any question that Mr. Wyer, while he was getting that ma terial and writing that pamphlet, was working under this arrangement by which he was to r eceive $3,000 from the National Electric Light Association ?-A. I don't think there was any question about it. Whether or not be received the $3,000 I can not tell you.

"Q. You have no doubt about it?-A. I have not." The record has already disclosed the manner in which George B.

Chandler, secretary of the Ohio Chamber of Comm'erce, set out to line up the other State chambers of commerce by circulation of the Wyer report and personal appeals. He began to work on the Connecti­cut State Chamber of Commerce, of which he was formerly secretary, on .January 30, 1928, the same day Wyer's report was issued bearing the imprint of the Ohio chamber and entitled "A Study of the Boulder Dam Project." Chandler wrote a letter seeking to alarm the Connec­ticut business men by representing the Swing-Johnson Boulder Dam bill as "opening the door to a pr·ogram of Government ownership." Of Wyer's report, Chandler wrote:

" We believe the inclosed folder to be sound in its engineering con­clusions and accurate in its statem•ent of facts."

As Connecticut did not act, Chandler grew impatient, and on Feb­ruary 13 wrote Clark Belden, executive vice president of the Connecticut chamber, according to a copy of his letter in the commission's record:

"I am sending you a Macedonian call for help. We seem to be fighting single handed against this Boulder Dam holdup. It seems to me the State of Connecticut ought to be lined up on thi.s. Can't you get some action ? "

Mr. WALSH of l\Iontana. I now offer an article for the RECoRD, being a summary of the proceedings of yesterday by Mr. Clapp that tell particularly about the introduction of this kind of matter in the schools of Georgia and Florida, accom­panied with the information that the educational association responsible for this kind of effort to poison the minds of the youth, following the example that some political organizations have found advisable, burned up its records.

The VICE PRESIDENT. Without objection, the summary will be printed in the RECORD.

The summary is as follows : SEARCHLIGHT REVEALS HOW FAVORS WERE WON IN SOUTH-GEORGIA

UTILITIES PROPAGANDIST TELLS HOW HE BURNED RECORDS TO KILL

TRACE OF ACTIVITIES-PROBE OF SCHOOLS BEGUN-EA.STE'RN CITY

FIRST TO CAST OUT TEXTBOOKS USED BY STUDENTS AND l'BEPARED BY

CORPORATION By Edwin J. Clapp

The searchlight of the Federal Trade Commission's investigation of the power lobby and the so-called Power Trust yesterday swept south­ward and shed its radiance over darkest Georgia and Flot·ida, specifi­ca~ly, the records of the public utilities information bureau of Florida and utilities information committee of Georgia.

The bearing added another chapter to the story of the united utility interests exercising control over the press, filling the schools with their· pt·opaganda and using strong-arm methods to defeat public ownership measures in the State legislatures.

PROBE BRINGS ACTION

Meanwhile, from North, South, and West came evidence of action being taken by school authorities and citizens in response to the dis­closures of the influence which the power companies have obtained over the educational institutions of the country.

A nation-wide survey to determine the extent and character of the interference with school textbooks on the part of the utility inter­ests was instituted yesterday by J. W. Crabtree, secretary of the National Education Association, in Washington. Crabtree wrote super­intendents of schools in all States and seeretaries of all State educa­tional associations, asking them to investigate and report.

'l.'he "public utilities catechism," of which over 10,000 copies wer~ testified to be in use in Connecticut, has been barred from the schools of Bridgeport, Conn., by Superintendent of Schools Carroll R. Reed, ac­cording to information received by Federal Tt·ade Commission officials.

THE FIRST ACTION

This is the first official action reported against textbooks prepared by the power interests and used in bigb schools and grade schools in Connecticut, Pennsylvania, New Jersey, Ohio, Kentucky, Washington, and other States.

A telegram has been sent to the commission by Homer T. Bone, of Tacoma, charging the Puget Sound Power & Light Co. with placing textbooks in schools in the State of Washington with the paid assist­ance of Josephine Corliss Preston, State superintendent 'of public instruction.

Bone demands that the commission summon A. W. Leonard, president, and Norwood Brockett, public relations director of the Puget Sound Power & Light Co.; Mrs. Josephine Corliss Pre ton and Clare Ketchum Tripp, author of the textbook.

RECORDS VA~ISH

Great interest was expressed by Judge Robert E. Healy, chief counsel of the commission, in the disappearance of all but the most recent record of the utility organizations in the Southeast. H. E. Simpson, of Miami, acting treasurer of the Florida public utilities information bureau, testified that he could produce no records back of October 1 1927. He likewise testified that there are no books or papers availabl~ concerning the income or expenditures of the Southeastern oivision of the National Electric Lig.ht Association prior to .July, 1927.

Willard Cope, of Atlanta, executive secretary of the utilities infor­mation committee of Georgia, told .Judge Healy that he was unable to produce a " pen mark or record of any sort" concerning the receipts and disbmsements of his office prior to .January 1, 1928. .Judge Healy examined him as follows :

" Q. Are you familiar with the records and books of this committee?­A. Yes; I am fairly familiar.

"Q. Have you got the books here ?-A. I have the current files. '' Q. Where are your books beginning with the organization of this

committee in 1921 ?-.A. They have been destroyed. "Q. When were they destroyed ?-.A. Different times. At the close

of a year's business there is an annual meeting in .January. There is a flock of tltese voucher checks that I wrap up in a package. They kick around the office for a while and eventually are thrown out.

" Q. What is the earliest record or book on finances in the possession of yom· bureau ?-A . .January 1, 1928.

" Q. That is, there is not a pen mark or record of any sort in any book or paper in your office that shows the receipts and disbursements of any money back of that time?-A. No, sir.

"Q. And your bureau spends annually, on the average, how many thousand dollars a year since you have been connected with it?-A.. About $30,000 a year."

.Judge Healy took in his hand the slender cash book in which are being entered the 1928 accounts. He continued the examination :

" Q. Is this like the other books that cluttered the office up so that you bad to throw them out to make room ?-A. Yes. That is just the kind of book_

" Q. The accumulation of vouchers, in your opinion, is wha t necessi­tates the destruction of a book of this size that I hold in my hand?­A. It is.

"Q. Did it occur to anybody in your office that it would be possible to destroy the vouchers without destroying the books ?-A. No, sir.

"Q. No one thought of that?-A. No one thought of tbat. " Q. These annual account books have been destroyed at the end of

each year since you have been connected with th,e bureau ?-A. Yes, sir. It may be that two or three years have accumulated at times. I destroyed some in the middle of January of this year.

" Q. How long was that after the resolution under which we are operating here was put through the Senate?-A. I have no information. It was not in any way related to that resolution."

HERBERT HOOVER

Mr. NORBECK. l\Ir. President, W. C. Lusk, president of the South Dakota Chamber of Commerce, who is also the publisher of the Press and Dakotan, at Yankton, S. Dak., wired Ron. S. X. Way, publisher of the Public Opinion, at Watertown, S. Dak., who is one of the delegates to the Kansas City conven­tion, as follows :

Statements being made in New York and Washington that Hoover can not carry South Dakota against AI Smith. This paper believes State Republican, with Hoover, Lowden, Dawes, or other Republicans of equal worth as standard bearer. Please wire us your opinion fully day press rate for publication in symposium.

Mr. Way replied as follows, under same date, May 9, 1928: There is no sentiment among our farmers for Hoover, either as

Republican nominee or as candidate for President. Opinion prevails very strongly if agriculture is to gain its . just demands at bands of President after having twice been granted them by Congres. , traditional party allegiance must be abandoned in favor of intelligent self-interest. Republicanism in South Dakota is not so strongly intrenched it can defy this farmer view. Party's margin lacks mucl1 of its old-time size. Farmers have no confidence in Hoover's profes ed sympathetic leaning. They feel they know Lowden is for them. They believe they know Hoover is against them. It is unlikely Hoover could carry the State against any man regardless of party label who is believed to be willing to join Congress in passage of McNary-Haugen bill or similar legisla­tion. AI Smith, although handicapped in many ways, bas succeeded in creating belief be will not hold up farmer program. All of which indicates he would beat Hoover in tbis State in November.

1928 CONGRESSIONAL -RECORD-SENATE 8369 INCOME-TAX DECISION

Mr. COUZENS. 1\fr. President, I ask unanimous consent to have printed in the RECORD an editorial from the Pontiac Daily Press of Tuesday, May 8, 1928, entitled "What of fundamental rights?"

The VICE PRESIDENT. Without objection it is so ordered. The editorial is as follows: '

WHAT OF FUNDAMENTAL RIGHTS? Income-tax payers in the United States would need to study no

()ther case than that involving Senator CouzE~S in order to conclude that the present system is riddled with opportunities for injustice. The decision of the United States Board of Tax Appeals in the matter of the value ef Ford stock brings out into the open certain facts which ought to result in substantial changes in the law.

When Senator CouzENS decided to sell his holdings in the Ford corporation he took up with the Government the problems incident to his capital gains, in order that he might feel satisfied in his own mind that the amounts settled upon were fair and accurate and would meet the requirements of the Treasury Department. In spite of that pre­caution Senator ·couzE...""<S was the object of a determined effort to compel him to pay $10,000,000 more than the amount of tax originally approved by Government agents. It is stated that 31 departments of the Government ultimately handed down 63 separate decisions all confirming the original basis of computation and approving the settlement.

Still Senator CouzENS was in for the most offensive form of addi­tional hounding, additional publicity, additional harassment, additional questioning, and espionage.

Is tax collecting degenerating in America into an inquisition' in which a man's constitutional privileges are being wrested from him as if he were a serf required to dance to the tune of an autocratic overlordship?

If this description is extreme how shall it be explained that after being hectored and pestered about his Ford capital gains, Senator CouzENS finally confronted a decision that overturned all the other rulings? Of course, by mere coincidence, but interesting and illuminat­ing in passing, it so happened that this new decision was rendered within a short time-some reports say within eight hourB---{)f the time the Senator launched his attack on conditions in the Internal Revenue Department. Officials in the department say this was a mere for­tuitous happenstance, and we shall take them at their word. There is plenty of thunder in the rest of the facts to show the impractical character of the income tax law as it is drafted, interpreted, and administered.

Taxpa:yers now face a system of taxation so complicated, so complex, and so involved that no two lawyers offer the same opinion in respect to a given state of facts. Here we have 63 decisions seemingly care­tully considered and arrived at by impartial and conscientious study overturned by authorities higher up.

Taxpayers confront on March 15 of earh year a legal complexity so interwoven with abstruse rulings and decisions so conflicting and perplexing that straightforward procedure is out of the question. Taxpayers do not know what to do. Field agents do not know what to do. The best tax experts frequently are in doubt. The highest talent in the legal profession declines to pass opinions with assurance that they carry with them any note of finality.

We are not inclined to put the burden on the Treasury Department for much of the present confusion and uncertainty. Back of these chaotic conditions, these ambiguous instructions, these capricious inter­pretations, these indefinite assessments exists a law that is defective from the ground up. It subjects honest men to contingencies that no republic has a right to continue.

Senator CouzENS has shown up the present act in all its crudities and his case emphasizes its potential opportunities for impermanence and wanton impudent annoyance. It is time taxpayers were no longer treated as if they were an unscrupulous horde of rascals, and the only way it can be done is to start all over again with a new and simplified law.

Senator CoczE::\'S better than any man in .America is placed where he ca.n bring this about. If he will devote his exceptional talents for organization to this task, he would be sure to be given cordial coopera­tion in Congress. It is time to wipe out laws which make 63 and more decisions necessary to decide what constitutes a just tax. There is no use discussing relief under tbe present law. It is 100 per cent wrong in construction.

To a blundering base have been added a mass of rules and regula­tions that form a barbed-wire network of legal question marks. The income tax law as drafted and administered requires limitless arbitrary authority and a prying and spying that have no place in the American scheme of Government. The system bas grown little by little from a seemingJy harmless start to become a giant of authority that over­rides fundamental rights in tb~ most offensive forms. Privacy bas been

scattered to the winds, and a sense of security has been upset and destroyed by reversals, revisals, and fresh starts.

Here is a problem for Senator CouzE s. He has the experience, the ingenuity, and the initiative to bring order out of chaos.

To it, Senator!

MEMORIAL OF GRAND COUNCIL FIRE OF AMERICAN INDIANS

Mr. FRAZIER. 1\Ir. President, I ask unanimous consent to have printed in the RIOOORD a leaflet entitled "Memorial and recommendations of the grand council fire of American In· dians,:• presented to the Hon. William Hale Thompson, mayor of Chicago.

The VICE PRESIDENT. Without objection it is so ordered. The leaflet is as follows :

Memorial and recommendations of the Grand Council Fire of American Indians presented te the Hon. William Hale Thompson, mayor of Chicago, December 1, 1927

To the MAYOR OF CHICAGO; You tell all white men "America first." We believe in that. We

are the first Americans. We are the only ones, truly, that are 100 per cent. We, therefore, ask you while you are teaching school children about America first, teach them truth about the first Americans.

We do not know if school histories are pro-British, but we do know that they are unjust to the life of our people-the American Indian.

'!'hey call all white victories, battles, and all Indian victories, mas­sacres. The battle with · Custer has been · taught to school children as a fearful massacre on our part. We ask that this, as well as other ipcidents, be told fairly. If the Custer battle was a massacre, what · was Wounded Knee"?

History books teach that Indians were murderers-is it murder to fight in self-defense? Indians killed white men because white men took their lands, ruined their hunting grounds, burned their forests, destroyed their buff~lo. White men penned our people .on reservations, then took away the reservations. White men who rise to protect their property are called patriots-Indians who do the same are called murderers.

White men call Indians treacherous--but no mention is made of broken treaties on the part of the white man.

White men say that Indians were always fighting. It was only our lack of skill in white man's warfare that led to our defeat. An Indian mother prayed that her boy be a great medicine man rather than a great warrior. It is true that we had our own small battles, but in the main we were peace loving and home loving.

White men called Indians thieves-and yet we lived in frail skin lodges and D£eded no locks or iron bars.

White men call Indians savages. What is civilization? Its marks are a noble religion and philosophy, original arts, stirring music, l'ich story and legend. We had these. Then we were not savages, but a civilized race.

We made blankets that were beautiful and that the white man with all his machinery has never been ·able to duplicate. We made baskets that were beautiful. We wove in beads and colored quills, designs that were not just decorative motifs, but were the outward expression of our very thoughts. We made pottery-pottery that was useful and beautiful as well. Why not make school children acquainted with the beautiful handicrafts in which we were skilled? Put in every school Indian blankets, baskets, pottery.

We sang songs that carried in their melodies all the sounds of nature-the runn.ing of waters, the sighing winds, and the calls of the animals. Teach these to your children that they may come to love nature as we love it.·

We had our statesmen-and their oratory has never been equaled. Teach the children some of these speeches of our people, remarkable for their brilliant oratory.

We played games--games that brought good health and sound bodies. Why not put these in your schools?

We told stories. Why not teach school children more of the whole• some proverbs and legends of our people? Tell them bow we loved all that was beautiful. That we killed game only for food, not for fun. Indians think white men who kill for fun are murderers.

Tell your children of the friendly acts of Indians to the white people who. first settled here. Tell them of our leaders and heroes and their deeds. Tell them of Indians such as Black Partridge, Shab­bona, and others, who many times saved the people of Chicago at great danger to themselves.

Put in your history books the Indian's part in the World War. Tell how the Indian fought for a country of which he was not a citizen, for a flag to which be had no claim, and for a people that have treated him unjustly.

The Indian has long been hurt by these unfair books. We ask only that our story be told in fairness. We do not ask you to overJook what we did, but we do ask you to understand it. A true program of

8370 CONGRESSIONAL RECORD-SEN ATE }fAY 11 America first will give a g~rous place to the culture and history of the American Indian.

1 We ask this, Chief, to keep sacred the memory of our people.

GRAND COUNCIL FIRE OF AMERICAN INDIANS,

By SCOTT H. PETERS, President. Delegates: George Peake (Little Moose), Chippewa; Albert Lowe

{White Eagle), Winnebago; Donald St. Cyr (Flamillg Arrow), Winne­bago; A. Warren Cash (Spotted Elk), Sioux; A. Roi (Clearwater), Ottawa; Babe · Begay, Navaho; Maimie Wiggills (0-me-me), Chippewa.

EUSTORY BOOKS DO NOT TELL

That tobacco, potatoes, corn, squash, pumpkins, melons, and beans 1 were raised by the Indians, who showed the colonists how to cultivate . them. ·

That the Indians gave food to the sufferillg Virgillia colonists, and

1 then were forced by Capt. John Smith, who marched upon their village · with armed forces, to give up more food. · That the Indians who attacked the Virginia colonists did so because they were so anxious to establish huge plantations that they took more and more land from the Indians without paying for it or askillg permission.

That the Indians helped the Pilgtims in many ways during their first winter.

That Squanto, an Indian, who was lured, with four others, upon a trading vessel and carried off to England, upon his return was a true friend to the Pilgrims, and showed them how to live in their new home, and brought about fliendly relations between them and the neighboring tribes.

That King Philip tried his best to remain at peace with the Pil­grims, and it was only after many acts of illjustice that he took up arms.

That King Philip's tribe was completely exterminated, and his wife and child sold as slaves in the Bermuda Islands, while he was quar­tered, and his head carried about on a pike.

That until 1637 scalpillg was unknown among the New England In­dians. The Puritans began by offering cash for the heads of their enemies, and later accepting scalps if both ears were attached. The French were the first to offer bounties for the scalps of white people,- with the English quickly following suit, and such vast sums were expended that scores of white men took np the lucrative business of hunting scalps.

That the Indian was first of all a hunter, instead of a warrior, as history books state, for upon his ability in th.is direction depended his living, and his early training and games were all designed to teach him skill in hunting.

That the Indian was skilled in arts, song, story tellillg, and oratory. That Pontiac fought because the English laid claim to all the land

belonging to his people without regard or consideration for them. That during the Revolutionary War the Oneidas steadfastly refused

to side with the British or join with the other Indians who were fight­ing for the English, but many times helped and protected the colonists, although they were attacked by both British and Indian forces for doing this.

That during the Revolutionary War ma.ny so-called Indian massacres were committed by ·English soldiers dressed as Indians.

That the true reason for Tecumseh's uprising was that he protested against the unjust act (together with other injustices) of General Har­rison, who called a council of a few tribes and by way of treaty got from them 3,000,000 acres of land which they did not own, but which belonged to Tecumseh's tribe. Tecumseh's speech in reply to General Harrison presents his case clearly and fairly and should be taught to the children.

That the Fort Dearborn massacre was a fair fight, and brought about because of broken promises on the part of the whites.

That Black Partridge demonstrated his friendship for the whites many times, and during the actual battle saved several of their lives­one in particular, Mrs. Helm.

That Shabbona, through sheer oratory alone, prevented his tribe, the Pottawatomies, from joining the Winnebagoes in their war, and also from helping Black Hawk, endangering his own li:t'e by his work.

That Shabbona in 1832 rode throughout the State of Illinois warn­ing settlers of the approach of Black Hawk and thus · saving thousands of lives.

That the Black Hawk War was brought about because of the forcible removal of Black Hawk and his people from their lands and of the attack upon him and a small party by white soldiers when they were going peacefully to their homes.

That the direct cause of the Sioux outbreak in the Dakotas, with the resultant Custer battle, was the broken treaties on tile part of tile United States Government.

That the Custer battle was a fair fight, with Custer marching upon the Indians, su1·prising them in their village, and striking the first blow.

That at Wounded Knee Indian men, women, and children were lined up, all weapons removed from them, and then slain by white soldiers­even fleeing mothers with their babies were pursued and bayoneted to death.

That the war with Chief Joseph was brought about because he re­fused to sell the lands that he and his tribe had owned for centuries and that had been given to him by treaty with the United States Government. Upon his refusal to sell, he was set upon and was to be forcibly removed.

That Chief Joseph led his band of 300 warriors, together with women and children, sick and aged, on a remarkable retreat that lasted 75 days and that covered 1,300 miles--through Rocky Mountain country, and with fighting all the way, attacked in turn by Generals Howard, Gibbon, and Sturgis, and finally General Miles.

That Joseph's people took no scalps in this memorable fight and waged no war on the white soldiers whom they encountered. His speeches made upon various occasions are some of the most remarkable ever made and should be read in every public school. When the Sov­ernment violated its promise to Joseph to return him to his own country when he had ceased fighting, he then made his impassioned plea for justice, which through its sheer oratory earned for him the victory­it aroused the American people, and Joseph and his tribe were returned to their homes. Joseph is pronounced by military authorities to be one of the finest natural military leaders America has ever produced.

That Osceola arose agaillst the whites because of the impending removal of his tribes from their home in Florida simply because the whites desired the land.

That Sacajawea, the young Shoshone girl, with her baby on her back, guided the Lewis and Clark expedition through wild and mountainous country and among enemy tribes, acting as interpreter, and everywhere establishing friendly relations between the whites and hostile Indians. Without her aid undoubtedly the exploring of this vast territory would have been held back many years.

That many Indians, such as Sitting Bull, Logan, Red Cloud, Geron­imo, Crazy Horse, Gall, and others, who have always been presented as treacherous and warlike men, if their true stories were told were patriots and fully justified ill their actions.

That many Indians, such as Hole-ill-the-Day, Seattle, Pushmataha, Spotted Tail, Quanah Parker, and others, were always friends to the whites and helped them many times. Could not one chapter be devoted to mentioning the names of those who were friends to the palefaces?

MARION E. GRIDLEY, Secretary, 6618 Woodlawn A:z:ewue, Ch4cago, IZ'l.

ORDER FOR RECESS

Mr. CURTIS. Mr. President, I ask unanimous consent that when the Senate concludes its business to-'day it take a rece s until 12 o'clock to-morrow.

The VICE PRESIDENT. Is there objection? The Chair hears none, and it is so ordered.

APPROVAL OF JOUBN AL

Mr. CURTIS. Mr. President, I ask unanimous consent for the approval of the J ournal for the calendar days from Thurs­day, May 3, up to and including Thursday, May 10.

The VICE PRESIDENT. Is there objection? The Chair hears none, and it i so ordered.

PETITION

Mr. WARREN presented a resolution adopted by the Rotary Club of Casper, Wyo., favoring the passage of legislation pro­viding for aided and directed settlement of Federal reclama­tion projects, which was referred to the Committee on Irriga­tion and Reclamation.

REPORTS OF COMMITTEES

Mr. BROUSSARD, from the Committee on Naval Affairs, to which was referred the bill (H. R. 5826) authorizing the Sec­retary of the Navy, in his discretion, to deliver to the custody of the Louisiana State Museum, of the city of New Orleans, La., the silver bell in use on the cruiser New Orleans, reported it without amendment and submitted a report (No. 1091) thereon.

H e al o, from the same committee, to which was referred the bill ( S. 3427) authorizing the Secretary of the Navy to make a readjustment of pay to Gunner W. H. Anthony, jr., United States Navy (retired), reported it with an amendment and ub­mitted a report (No. 1092) thereon.

Mr. BROOKHART, from the Committee on Military Affairs, to which was referred the bill (H. R. 4687) to correct the mili­tary record of Albert Campbell, reported it without amendment and submitted a report (No. 1093) thereon.

Mr. BAYARD, from the Committee on Territories and In­sular Po ses ions, to which was referred the bill (H. R. 8559) to amend section 58 of the act of March 2, 1917, entitled "An act to provide a civil government for Porto Rico, and for other purpose ," reported it without amendment and submitted a

·report (No. 1094) thereon. Mr. TYDINGS, from the Committee on Territories and In­

sular Possessions, to which was referred the joint re olution (S. J. Res. 9) to establish a joint commission on insular reor-

1928 CONGRESSIONAL RECORD-SENArE 8371 gnnization; reported it with amendments and submitted a report (No: 1095) thereon.

l\Ir. PINE, from the Committee on Indian Affairs, to which was referred the bill ( S. ·3867) to extend certain existing leases upon the coal and asphalt deposits in the Choctaw and Chicka­saw Nations to September 25, 1932, and permit extension of time to complete payments on coal purchases, reported it with an amendment and submitted a report (No. 1097) thereon.

He also, from the same committee, to which was referred the bill (S. 3868) authorizing an advancement of certain funds standing to the credit of the Creek Nation in the Treasury of the United States to be paid to one of the attorneys for the Creek Nation, and for other purposes, reported it with an amendment to the title and submitted a report (No. 1098) thereon. .

:Mr. REED of Pennsylvania, from the Committee on Military Affairs, to which was referred the bill (H. R. 12814) to increase

· the efficiency of the .Air Corps, reported it with amendments and submitted a report (No. 1099) thereon.

THOMAS JEFFERSON SHROPSHIRE

1\fr. REED of Pennsylvania. 1\Ir. President, from the Com­mittee on Military Affairs, to which was referred the bill (H. R. 6185) for the relief of Thomas Jefferson Shropshire, I report the bill adversely and move its indefinite postponement.

1\Ir. BL . .ACK. 1\Ir. President, I do not desire to enter an ob­jection to this action if the Senator from Iowa [1\Ir. BROOK­HART] knows about it. I do not care to object myself, but he is per onally interested in the bill.

Mr. HEFLIN. Let it go over, Mr. President. Mr. BLACK. I want the Senator from Iowa to know about it. Mr. REED of Pennsylvania. I moved the indefinite post-

ponement of the bill, and in two sentences I can explain the situation.

Mr. HEFLIN. l\Ir. President, I would like to have the Sena­tor from Iowa heard, and I may want to be heard myself.

Mr. BROOKHART. What is the proposition? The VICE PRESIDENT. To indefinitely postpone House

bill 6185, for the relief of Thomas Jefferson Shropshire, which was reported adversely.

Mr. REED of Pennsylvania. Mr. President, if the Senator will permit me, I will explain in a word, and then I will ask him for any explanation he may want to make.

This man enlisted in September, 1862, went absent without leave in October, deserted in January, his total military service being something less than two months. He stayed absent in desertion nntil the latter part of ,1864, when he enlisted for 100 days in the Colorado Volunteers under an assumed name. He was wounded in action with the Indians, not with the Confed­erates, and drew a pension for some time under the assumed name. When his desertion was learned about, his pension was ' stopped, and this ·bill is ari effort to give him a pension under his real name. The committee by vote this morning instructed me to report the bill adversely, and to move its indefinite po tponement. · Mr. BROOKHART. Mr. President, the committee vote was

-·a .tie. While there is a record of the desertion of this man, yet afterwards he enlisted, shed his blood for the country, and has suffered from his wounds ever since. This is a meritorious case, and the bill ought to be passed. I object to its indefinite postponement without ·a hearing by the Senate.

The VICE PRESIDENT. Under objection, the report of the committee will have to lie over one day, and the bill will be

,Placed on the calendar. SANTA ROSA ISLA -D, FLA.

1\Ir. FLETCHER. From the Committee on Military Affairs I report back favorably without amendment the bill (S. 3991) declaring certain designated purposes with respect to certain parts of Santa Rosa Island in Florida to be " public purposes " within the meaning of the proviso in section 7 of the act ap­proved March 12, 1926, entitled ".An act authorizing the use for permanent construction at military posts of the proceeds from the sale of surplus War Department real property, and author­izing the sale of certain military reservations, and for other purposes," and I submit a report (No. 1096) thereon. I ask for the present consideration of the bill. It will lead to no debate. It is purely a local matter.

There being no objection, the bill was considered as in Com­mittee of the Whole, and it was read, as follows:

Be it enacted, etc., That the words "public purposes" in the proviso in section .7 of the act entitled "An act authorizing the use for perma­nent construction at military posts of the proceeds from the sale of surplus War Department real property, and authorizing the sale of certain military reservations, and for other purposes," approved March 12, 1926, shall be so construed as to include and permit any lands being a part of Santa Rosa Island in the State of Florida, acquired

by said State or by a county or municipality thereof under the pro­visions of that act to be used for recreational, amusement, and bathing purposes by said State, county, or municipality, or by any person or corporation or thetr assigns with its authority under such regulations and restrictions and at such rates of charge to the public as such State, county, or municipality shall prescribe, provided no charge tor admission to the grounds shall ever be made.

The bill was reported to the Senate without amendment, or­dered to be engrossed for a third reading, read the third time, and passed.

ENROLLED BILLS AKD JOINT RESOLUTION PRESENTED

1\Ir. G REENEJ, from the Committee on Enrolled Bills, reported that this day that committee presented to the President of the United States the following enrolled bills and joint resolution :

S. 750. An act to amend the act entitled ".An act for making further and more effectual provision for the nation~! defense, and for other purposes," approved June 3, 1916, as amended, and for other purposes ;

S. 757 . .An act to extend the benefits of certain acts of Con­gress to the Territory of Hawaii;

S. 2004 . .An act authorizing the paving of the Federal strip known as International Street, adjacent to Nogales, .Ariz.;

S. 2910 . .An act granting to the State of South Dakota for park purposes the public lands within the Cu~ter State Park, S.Dak.;

S. 3571 . .An act granting the consent of Congress to the county court of Roane County, Tenn., to construct a bridge across the Emery River at Suddaths Ferry, in Ro~ne County, Tenn. ;

S. 3598 . .An act authorizing Dupo Bridge C.o., a Missouri cor­poration, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the :Mississippi River at or near Carondelet, Mo.; and

S. J. Res. 135. Jo~nt reso-lution making an emergency appro­priation for .flood protection on White River, .AI·k.

BILLS AND JOINT RESOLUTIONS I:t\'TRODUCED

Bills and joint resolutions were introduced, read the first time, and, by unanimOUlS consent, the second time, and referred as follows:

By Mr. NORBECK: .A bill ( S. 4429) to provide that transferors for collection of

negotiable instruments shall be preferred creditors of national banks in certain cases; to the Committee on Banking and Cur­rency.

By :Mr. FESS : .A bill (S. 4430) granting an increase of pension to Fidelia

Potts; to the Committee on Pensions. By Mr. FRAZIER: .A bill (S. 4431) granting an increase of pension to Etta F.

Bryan (with accompanying papers); to the Committee on Pensions.

By Mr. TYSON: .A bill ( S. 4432) to change the name of Cove Creek Dam site

to Coal Creek Dam site, ~nd for other purposes ; to the Com­mittee on Military .Affairs.

By Mr. ASHURST : .A bill ( S. 4433) for the relief of Jeremiah C. Baisley ; to the

Committee on Military Affairs. By Mr. MOSES: .A bill (S. 4434) g~·anting an increase of pension to Lois J.

Stevens (with accompanying papers} ; to the Committee on Pensions.

By Mr. FLETCHER: .A bill ( S. 4435) for the relief of Martin G. Schenck, alias

Martin G. Schanck; to the Committee on Military .Affairs. By Mr. DENEEN: .A bill ( S. 4436) relating to the Virgil Michael Brand collec­

tion of coins; to the Committee on the Library. By Mr. STEPHENS: .A bill ( S. 4437) for the relief of Alonzo Durward Allen ; to

the Committee on Claims. By l\1r. OVERMAN: .A joint resolution ( S. J. Res. 151) to adopt an official flag

code of the United States; to the Committee on 1\I.Iilitary Affairs. LISTS OF DEATHS IN MILITARY .AND NAVAL FORCES

Mr . .ASHURST. I introduce a joint resolut~on and ask that it be read at length.

The joint resolution (S. J. Res. 152) to provide for the print­ing of the names of and other information relating to members of the military and naval forces who died during the World War was read the first time by its title, the second time at length, and referred to the Committee on Printing, as follows :

Resolved, eta., That the Secretary of War and the Secretary of the Navy are authorized and directed to compile lists of the names of the officers, men, and women in their respective departments who were

8372 CONGRESSIONAL RECORD-SEN ATE !fAY 11 I

members of the military and naval forces of the United States, includ­ing the Marine Corps, and who died between April 6, 1917, and July 2, 1921, both dates inclusive, together with the home address, rank, mili­tary or naval organization, place of death, and address of the nearest r elative, to each such person listed.

SEC. 2. ·Fifty thousand copies of such lists shall be printed and bound together as may be directed by the Joint Committee on Printing, and of this number 35,000 hall be for the use of the House of Repre­sentatives and 15,000 shall be for the use of the Senate.

SEC. 3. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this resolution.

THE STP.ANOE O.ASE OF FLORJDA 'V. MELLON (S. I>O<J. NO. 102)

1\Ir. BRUCE. Mr. President, I should like to have printed as a Senate document a very masterly essay on the subject of the Federal estate tax entitled "The Strange Case of Florida v. Mellon," published in the Cornell Law Quarterly and written by Arthur W. Machen, jr., of the city of Baltimore, one of the most distinguished lawyers of our city.

The VICE PRESIDENT. Is there objection to the request of the Senator from Maryland?

Mr. KING. It has already been published in the REcoRD, but :I have no objection to printing it as a document.

l\Ir. BRUCE. I assure my friend that it should be printed as a document. It is truly an able and masterly paper.

Mr. KING. I am not objecting. The VICE PRESIDENT. Without objection,- it is so ordered.

TAX REDUCTION The Senate, as in Committee of the Whole, resumed the con­

sideration of the bill (H. R. 1) to reduce and equalize taxa­tion, provide revenue, and for other purposes.

l\lr. SMOOT. Mr. President, I was going to ask the Senate this morning to take up the individual surtax provision of the revenue bill, but the senior Senator from North Carolina [Mr. SIMMONS] has just been called to a conference, and therefore I shall ask that we take up the corporation tax amendment, on page 15, line 19, for discussion.

CORRUPTION IN PRIMARY AND GENERAL ELECTIONS :M:r. CUTTING. 1\.Ir. President, in one of the most important

political- speeches delivered this year the senior Senator from Idaho [Mr. BORAH] said:

The improper use of money in politics presents a problem as broad and deep and vital as representative democracy itself, and the people h"Dow it. Partisan fencing will not satisfy them. Purity of the ballot and integrity of officials are the beginning and the end of popular government.

The distinguished Senator from Idaho went on to say that the scandals in the public history of the United States during the last few years were really too fundamental to be used for purposes of irresponsible partisanship. The Vare and Smith cases, Teapot Dome and Elk Hills, the Continental Trading Co. and the Hays deficits, Queens County sewers and public­utility lobbies are, after all, only surface symptoms of a deep­seated disease in our national life. All of us naturally grow indignant over the revelations which have been made, but it is important that our indignation should not evaporate in de­nouncing corruption, when it may be possible for us to take constructive action to strike at the roots of corruption.

A disease of this kind can not be cured or remedied by purely legislative action, but we, as the legislative body of the United States, would be r ecreant in our duty if we did not take what steps we could take to do our share in remedying the condition which exists.

The present Federal corrupt practices act was passed in 1925. I do not wish to make any criticism of it. It was, on the whole, a substantial advance on previous legislation of the kind. But in the last three years our eyes have been opened to a great many matters which were not apparent to us in 1925.

Mr. SHIPSTEAD. Mr. President--The PRESIDING OFFICER (Mr. JOHNSON in the chair).

Does the Senator yield to the Senator from Minnesota? Mr. CUTTING. I yield. Mr. SHIPSTEAD. The corrupt practices act of 1!!25 was an

amendment of the corrupt practices act of 1910, and specifically exempted primary elections from the provisions of the corrupt practices act, and practically gave free hand to these people, public-service corporations, and other corporations, who buy the Government by buying seats in the Senate, to go the limit. Congress itself has not made any provision for closing the door to corruption in primary elections. Under that act they said it was all right to buy the GoYernment in primary elections, which in 42 States are the actual elections. In the general election Congress s~ld they must be more circumspect.

Mr. CUT-TING. Mr. President, that is very much the point I intend to take up, and I thank the Senator from Minnesota for his very clear remarks.

As I see it, the chief defects of the present Federal corrupt practices act are, first, as the Senator from Minnesota so ably stated, that it falls to include primaries or nominations by conventions. ·

Second, that the responsibility under the present act is laid entirely on the treasurer of a political committee and not on the candidate, where it properly belongs.

Third, that while it purports to limit campaign expenditures, as a matter of fact it allows so many exemptions that it is impossible for any poor man to compete on a basis of equality with a rich one. .

Fourth, that it allow~ contributions to be made through non: official agencies.

Fifth, that it provides no method for dealing with the all· important subject of postcampaign deficits.

Sixth, that it creates no effective or continuing machinery to enforce its provisions.

Mr . . President, the matter of legislation of this sort is an enormously complicated one. I know it has engaged the atten­tion of some of the ablest Members of this body for a great man_y rears. I would not want anyone to think that I am sug­gesting that after a few months'. labor I have offered any program which is adequate to deal with the situation as a whole. But at least I have spent a good deal of time in working out the measures which I introduced yesterday. They a1·e not fully satisfactory to me. I am sure they will not be satisfactory to the Judiciary Committee without many amend­ments. Nevertheless, I feel that they represent a substantial advance from the present situation, and I should like to take the time of the Senate for a few minutes to explain the prin­ciples which I am trying to embody in the proposed legislation.

I have introduced five measures. The first is a constitutional amendment giving Congress authority to legislate concerning the nomination as well as the election of candidates for Con­gress. That measure is perhaps the least important of the five, because I feel personally that Congress already has that author­ity. The Senate will recall the decision of the Supreme Court of the' United States in the Newberry case. Four members of the court decided that Congress had not authority to enact legis­lation dealing with primaries. Four members of the court be­lieved that the law in existence at that time, the law of 1911, was constitutional. The ninth member of the court, Justice -McKenna, declared the law unconstitutional because it had been enacted prior to the passage of the constitutional amendment dealing with the election of United States Senators. I feel, therefore', that if the case were presented to the Supreme Court again the chances are that they would declare constitutional a measure dealing with primaries; but that is a great chance to take, and I have therefore proposed a constitutional amendment in order to make the matter absolutely sure.

Secondly, I have introduced an amendment to section 5, Article I, of the Constitution which would make that article read:

Each House shall be the judge of the election, returns, and qualifi­cations of its own Members, but no candidate who, in his campaign for nomination or election, shall have violated any of the Ia;;J regulating such nomination or 'election shall be eligible for membership in either House.

I introduced that in tbe form of a constitutional amendment because the best legal advice I could obtain was to the effect that such legislation would be unconstitutional unless embodied in an amendment. The object of the proposal, of course, is to insure that no one may be elected to a Federal public office or to legislate as a Feder~l official who himself may have been guilty of violation of any Federal statute in obtaining his nomination or election. ·

If such an amendment were adopted, of course the Senate and the House would still remain judges of the qualifications of their membership. They would be the judges of the facts deal­ing with any particular case. But I did want to establish the particular penalty of ineligibility and to place a direct responsibility on the candidate, which, so far as I can see, does not exist under present statutes or: present constitutional provi· sions.

Third, I have proposed an act to create a commission on elections. I suggest such a commission not as an independent governing body or a separate bureau, because I dislike bureau­cracy as much as any Member of this body, but simply as an agency of Congress. It would be a continuing body. It would be an auditing body. It would audit reports, inve tigate cre­dentials, and handle contest cases. It would report facts to the Congress for: the~!': _!lct~o_n. I~ w:ould have no authority on

J

/

1928 CONGRESSIONAL RECORD-SENATE B373 ~.~f

its own initiative. Tlie idea: of a legislative or congressional commission on elections is one that has been adopted in the constitutions of most of the new nations founded since the war.

I especially invite attention to the new German constitution, which provides for an electoral commission selected vartly by the legislative body and partly by the supreme court of Ger­many.

Under our Constitution I do not think that particular method would be proper. I have suggested the method of election by the two Houses of Congress in joint session assembled, to select from names on nomination of the Civil Service Commission. I am not entirely satisfied with that suggestion, but I offer it for want of anything better. If we had direct election by the Members of Congress, it seems to me we might easily fall into the danger of having a bipartisan commission, which would practically mean that the representatives of each political party on the commission might be selected on the ground of their partisan loyalty to their respective parties. I feel that we ought to have nominations sent in by some outside body, and one of the qualifications which l have suggested in the bill for the selection of nominees is a "lack of partisan prejudice."

It seems to me that such a commission is absolutely necessary in order to .vitalize and enforce the provisions of any corrupt practices act. Since I have been in the Senate a large part of the time of three Senators has been taken up by the investiga­tion of one single contest case. I refer to the committee of which the Senator from Colorado [Mr. WATERMAN] is chairman.

In the last few days we have had the beginning of a series of investigations by a very able senatorial committee of the campaign expenditures of candidates for the Presidency. I know that that committee is doing everything in its power to carry out the purposes of the resolution which created it, but I do not see how, under the p·resent law, such a committee can do anything except make a very superficial survey of a situation which ought to be investigated thoroughly and effectively.

A permanent commission of this sort would be absolutely essential in order to provide information not only as to some spectacular contest case, such as the one which comes to us from Pennsylvania, but with reference to the accounts and credentials of every candidate for a Federal office.

One provision ·of the bill authorizes the commission to inves­tigate the possible advantages of a system of voting by mail and of a system under which all campaign expenses should be borne by the public. I do not want to argue those points now becau e both sugge tions are so important that it would take entirely too much time. They are matters whic~ I believe should be thoroughly investigated by some continuing body.

In the fourth place, I have introduced a con·upt practices bill dealing with the nomination and election of Senators arid Representatives. This measure makes several important changes in the present act. It retains the specific limitations of the present statute. I do not know whether those limitations are the best possible ones or not. They vary, as Senators know, from $10,000 to $25,000, varying with the size of the States. It may be that some better figures could be devised.

·My attention was called a short while ago to the English system by which more money may be expended in the rural districts than in the great cities. There may be something to be said for that plan. It is obvious that it costs more to reach 30,000 elector in the State of Nevada than it would to reach 30,000 electors massed in one ward of a great city. I am more inter­ested in the principle than I am in the exact figures, and I have left the figures as they are in the present corrupt practices act.

The feature in which I am most interested in my proposal is that it does away with the exemptions provided in the present act. Senators are, of cour_se, aware that at present moneys expended for postage, writing, printing, and all forms of pub­licity are exempted. As a practical result, of course, this means that a candidate may spend millions of dollars for pub­licity purposes and not be held responsible in any way for his account .

I think that is a dangerous principle. The bill which I have introduced specifies exactly what are legitimate campaign ex­penditures. They are confined to expenditures for the purpose of presenting information, arguments, and advice to electors as to the issues of the campaign. A candidate or his duly authorized agent or committee may lawfully present informa­tion, arguments, or advice to the electors by use of the mails, telephone, telegrapll, advertisement in newspapers, or by posters or on billboards, the radio, personal solicitation, and public meetings. I believe that covers about all which ought to be allowed as legitimate expenditures. The bill does exempt State assessments and fees and personal traveling and subsistence

expenses of the candidate, but makes no other exemptions whatever.

Under the proposed bill every candidate must either person­ally receive contributions and make expenditures or appoint an agent or committee to act for him in receiving and expending money. No one else may spend any money whatever except by authorization from the candidate or his agent. The entire re­sponsibility is on the candidate. Every contribution or expendi­ture must be entered on the candidate's accounts within 24 hours from its receipt' or disbursement, and the accounts are to be open at all times to public inspection. Each candidate has to file his report with the commission on elections on the 30th and lOth days before the date of election or nomination, and also on the 15th day thereafter. The primary elections and nominations by convention, in such States as do not have primaries, are also included in the legislation.

The same financial limitations are placed on the primary cam­paign as have hitherto been applied to the general campaign.

The last bill which I have introduced deals with campaign expenditures by candidates for President and Vice President. The provisions as to the responsibility of candidates as to the publicity of accounts, reports, and so forth, are identical with the provisions of the bill applying to candidates for Congress. The first section proT"ides a limitation of expenditures for the nomination of candidates for President and Vice President and for the election of uch candidates.

Mr. DILL. Mr. President, will the Senator yield? Mr. CUTTING. I yield. Mr. DILL. Do I understand the Senator bas a bill to limit

or control candidates for President? Mr. CUTTING. Yes. Mr. DILL. Does the Senator think that the Congress of the

United States has any right to enact legislation regru.'ding can­didates for President? There is no recognition of candidates for President in the Constitution of the United States. The present system of having candidates for President of the United States has grown up as a custom. The Constitution provides that the Electoral College shall select the President.

Mr. CUTTING. I understand the difficulty suggested by the Senator from Washington. I should like to call his attention to the fact that under the amendment to the Constitution which I am proposing the Congress shall have power to legislate con­cerning the nomination and the election of any candidates for office, including Senator, Representative in Congress, Pre ident. and Vice President of the United States.

1\lr. DILL. Then the Senator does not intend to press his bill until after the amendment to which he has referred shall have been adopted?

Mr. CUTTING. Mr. President, that is a constitutional ques­tion which it is very difficult for me to pass on. I think that as a practical proposition the law should apply to all candi­dates under our present form of government, including actual candidates for the Presidency and Vice Presidency.

Mr. DILL. But that is not so legally. Mr. CUTTING. If it is not so legally, then it is up to the

Senate of the United States and the House of Representatives to enact legislation which will insure the legality of such meas­ures. I do not believe the Electoral College ought to be retained as a permanent institution, l\Ir. President.

Mr. DILL. I thoroughly agree with the Senator. I am not criticizing him, but I want to get the Senator's view as to that question because of the fact that no candidates for President are recognized ·in the Constitution; I do not see bow we have a right to legislate regarding them until we have amended the Constitution so that they may be recognized.

Mr. CUTTING. That is what I propose to do. It seems to me that no candidates for any office are specifically recognized by the C.mstitution. We have reached a stage, however, where candidacies are a vital factor in our political system ; and if the hills which I have suggested do not take care of that situa­tion-and very possibly they do not-then they ought to be amended and this whole question should be gone into with great care.

Mr. DILL. I did not wish to interrupt the Senator's dis­course, but I wanted to get his view.

1\Ir. BRUCE. l\fr. President--The PRESIDENT pro tempore. Does the Senator from New

Mexico yield to the Senator from Maryland? Mr. CUTTING. I do. Mr. BRUCE. I should like very much, indeed, to know in

just what respect our present laws on the subject, especially the corrupt practices act, State and Federal, fall short of se­curing the purity of election . As the Senator knows, in some States-it is certainly true in my State--when a man becomes a candidate for the United States Senate, as I am now, he has

.•

8374 · CONGRESSIONAL RECORD-SEN ATE ~fAy 11 two uodies of law to deal with-the State law and the Federal law. I have had occasion recently, as I have often had occa­sion heretofore, to weigh every line of legislation relating to the candidacy of one for the office of United Stat es Senator, and I am at a loss to see how laws can be made more drastic, more searching, than the corrupt practices acts of the State of Mary­land and of the Federal Government. AB the Senator knows, the corrupt practices act of the Federal Government refers to the State corrupt practices act , and I must say that cer­tainly there is no lack of interest in my State, at least, so far as the Federal and State corrupt practices acts are concerned. It seems to me they are wisely framed, considering the object they hav~ in view.

So I do not see just the occasion for any further reform. I have never in my life spent a dollar unlawfully in any elec­tion contest, and, so help me God, I never expect to do so so long as I live. Accordingly, from that point of view, I am not the least concerned about any legislation the Congress m-ay .vass; but, at the same time, why multiply corrupt practices ~cts, seeing that the ground is already properly covered by State and Federal legislation?

The Federal corrupt practices act, as the Senator knows, provi<Ies just how much may be expended in an election and ex­actly for what purpo es any money can be spent at an elec­tion. I am speaking now more particularly of candidates for the United States Senate. The corrupt practices act of the State of Maryland also covers the same ground. Our corrupt practices act is very detailed and very exhaustive, and seems to have been very wisely conceived to accomplish the purpose in view. That is likewise true of the Federal corrupt prac­tices act, which was introduced some years ago by the Senator from Massachusetts [Mr. WALsH], and which I have had oc­casion to study recently a little more closely than I had oc­casion to do ill the fir t instance.

So the Senator, if I am not t spassing too much on his time, would oblige me very much by stating specifically in what re pect the State and Federal corrupt practices acts at the present time fall short of the prime object of securing freedom and purity of elections.

Mr. CUTTING. Mr. President, I do not know whether the Senator was present when I began my remarks.

Mr. BRUCE. I did not happen to be-present. Mr. CUTTING. I tried to make the point plain at that time,

but I shall try to answer the Senator when I get through with my exposition.

Mr. BRUCE. I will read the Senator's remarks in the RECORD; I will not trouble the Senator to answer the question at this time.

Mr. CUTTING. I should like to get through with the ex­position I am making, and then I will yield to any questions.

Mr. BRUCE. I repeat, I will read the remarks of the Sena­tor in the RrooRD. I do not wish to take up his time.

Mr. CUTTING. The bill which I am proposing, as I have said, contains the same provisions as to responsibility of candi­dates and as to publicity of accounts, reports, and so on, as I have mentioned in regard to the congressional corrupt prac­tices act.

In the first section expenditures for the nomination on the part of a candidate for President or Vice President are limited to $10,000 in any one State and to $480,000 in the Nation as a whole. Of course, the idea of that is that in most of the States, or in a large number of States, at any rate, there will be no necessity for spending anything like as much as $10,000 ; and that the money saved in that way may be devoted to the gen­eral eArpenses of the campaign, such as maintaining national headquarters, and so . on. After nomination the limitation of expenditures is made three times that amount; that is, $30,000 in any one State or $1,440,000 in the Nation as a whole.

I am not sure that those are the best possible figures, but I ·am more interested in the general principle of the bill than in the particulnr figures. Those figures may be too high, and I am inclined to think perhaps they are, though they are very mnch lower than the amounts which have been spent in any of the presidential campaigns in the last few years. At any rate, that is a minor problem which may be taken up by the com­mittee.

Mr. DILL. Who does the Senator propose to have enforce thi • provision of law in regard to candidates for the Presidency?

l\lr. CUTTING. The Congress of the United States. Mr. DILL. What control has the Congress of the United

States over candidates? The Electoral College passes on the candidates for President.

Mr. CUTTING. That brings up the same point I discussed with the Senator a few moments ago ; namely, my proposed constitutional amendment.

Mr. DILL. I do not understand the appropriateness of such legislation from the constitutional standpoint.

1\Ir. CUTTING. If the Senator has no objection, I should like to explain the propo$ed legislation, and then go into the e matters of detail.

This morning I noticed that the first section of this bill is so framed as to suggest that perhap the candidate for Presi­dent and the candidate for Vice President may each incur campaign eb.'J)enses to the amount indicated. The wording is perhaps a little ambiguous in that respect. Of course, the intention was that since the President and the Vice President are ma1."ing a joint campaign, or, rather, since the electors pledged to them are making a joint campaign, there would be only one source of expenditure. It is not intended to dupli­cate the expenditures on behalf of each candidate.

No limit is placed on individual contributions up to 30 days before the election, but in the last month contributions are limited to , '10,000, and in the last 15 days to $5,000.

The further one goes into the question of legislation dealing with elections the more illogical the whole system . of privately financed campaigns appears to be. Yet, so long as we have such a system it seems unreasonabl~ to limit the amount of money that any individual may contribute. It seems to me that under the present system the best we can do is to insure full pub­licity for all such expenditures. That is why large contributions should be forbidden within the last few weeks before the elec­tion, when possibly they can not be made public to the people as a whole.

No contribution can be ma.de in any name except that of the individual who provides the money.

A novel feature, and I think a very important one, is that dealing with postcampaign deficits. I do not believe that the Senate of the United States require any suggestions as to the danger which that problem brings up, in view of the revelations which we have had made to us during the last few months. The difference between a contiibution to a deficit and a contri­bution toward campaign expenditures before the election is very definite.

Take the case, for instance, of Mr. Sinclair. Mr. Sinclair stated before the Public Lands Committee that he did not know whether he wa Republican or Democrat, but he had been in­terested in the Republican campaign at one time and had con­tributed to it. The important point to notice is the exact time when 1\fr. Sinclair become interested in the campaign. We have no evidence that he contributed to the Republican campaign fund at any time before the election. Possibly he did; perhaps he contributed to the campaigns of both parties, for aught we know. A contribution made to a preelection fund would have been in the nature of a gamble, but a contribution made to a deficit and particularly to a deficit of the party which had been successful in the election wa · simply putting his money over the counter and getting a return for his investment. That is a danger which is not dealt with under our present statutes at all.

I have tried to d al with this problem, first, by providing that any deficit is illegal which, added to the campaign expenditures, exceeds the total amount allowed by the law, and, secondly, that individual contributions to a deficit are limited to $1,000.

1\Ir. President, I am sorry to have taken so much of the time of the Senate. I hope especially that the very distinguished chairman of the Judiciary Committee will not think that my remarks imply in any way that the proposed legislation which I have suggested will adequately solve any problem which he and other very able Members of the Senate have spent years in investigating. I do feel that they represent an advance on pres­ent legislation. I certainly have no pride of authorship in these measures. I should be glad to have the Judiciary Committee take them and tear them to pieces and substitute something else· which might he more adequate to meet the purposes in view.

l\Ir. NORRIS. Mr. President--The PRESIDENT pro tempore. Does tl1e Senator from New

Mexico yield to the Senator from Nebraska? Mr. CUTTING. I yield. 1\Ir. NORRIS. Of course, the Senator knows, from hi study

of this question, that it is a very difficult one to solve correctly, even to one's own satisfaction. The Senator r ealizes, too, that the Judiciary Committee, with the work they have on hand, probably will not be able to take up the question that he has submitted at tbi session. They have had such a bill, and have reported a bill; but I do want to say to the Senator that I have been very much interested in what he has said. I am very much interested in the plan he has outlined.

1928 CONGRESSIONAL-- RECORD-- SENATE . 8375 It is a new one. I was informed of it, as the Senator prob­

ably knows, before be introduced his bill and before he made his speech; and I have been thinking about it a great deal. I am not sure but that be has taken a step in advance of any that has yet been taken, and one that may be of very great practical benefit.

I know that the Members of the Senate, and particularly the members of the committee, are deeply interested in the subject. I hope, however, the Senator will realize that at t11e present time the committee is closing up its affairs for the session, and Congress is about to adjourn, and that we J;ler­haps can not expect action at this session. Moreover, part of the program will necessitate an amendment to the Constitution, which the Senator has provided in part of his plan. Its diffi­culties ought not to prevent us from taking it up, however; and I assure the Senator that I shall be very glad indeed to cooperate with him in doing whatever I can, in my weak way, to help bring about proper legislation.

Mr. CUTTING. I want to thank the chairman of the Ju­diciary Committee for his remarks. I realize that his com­mittee is one of the most hard-working of all the committees, and I realize that the chairman himself is one of the most bard-working Members of the United States Senate. I had hoped to be able to get these measures in shape to present them a long time ago ; but, as the Senator will realize, there are so many obstacles at e-very step one takes in such legislation that it has taken me a good many months to get as far as I ­hnve. I believe, of course, that the committee could substan­tially impro•e on the legislation as it is presented.

The only reason why I suggest to the Senator that it might be possible to get at least a start on this form of legislation is on account of its exceptional importance, going, as the Sena­tor from Idaho bas pointed out, to the very fundamentals of representati-ve government. Our Government can not endure under conditions as they have existed in the last few years.

It is for that reason alone that I should like most respectfully to suggest to the chairman of the Judiciary Committee that if there is any way in which they can get started on this legisla­tion, even in the short space of time that remains, it might substantially help the Nation in tbe very important crisis which it is going through at this time.

I do not desire to say anything more on this subject, Mr. President, except to request that the text of these measures be made a part of my remarks in the RECORD.

The PRESIDENT pro tempore. Without objection, it is so ordered. .

The joint resolutions and bills referred to are as follows : Senate Joint Resolution 149, Seventieth Congress, first session

Joint resolution proposing an amendment to the Constitution of the United States, relative to the nomination or election of Members of Congress, President, and Vice President of the United States Resolved by the Senate and House of Representatives of the United

States of Amerioa in Congress assembled (ttoo-thirds of each House concun·ing the-rein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures ~f three-fourths of the several States:

"ARTICLE-

"The Congress shall have power to legislate concerning the nomina­tion or election of any candidate for the office of Senator, Representa­tive in the Congress, President, and Vice President of the United States, and to prevent fraud and corrupt practices in the nomination and election of Senators, Representatives, President, and Vice President."

Senate Joint Resolution 150, Seventieth Congress, first session Joint resolution proposing an amendment to the Constitution of the

United States, relating to eligibility of Members of Congress Resolved by the Scna.te and House of Representatives of the United

States of America in Congress assembled (two-thirds ot each House cotunwri11g therein), That the following article is proposed as an amend­ment to the Constitution, in lieu of the first paragraph of section 5 of Article I thereof, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three­fourths of the several States:

"ARTICLE-

;, Each House shall be the judge of-the elections, returns, and qualifi­cations of its own Members; but no candidate who, in his campaign for nomination or election, shall have violated any of the laws regulat­ing such nomination or election shall be eligible for membership in either House. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent Membe1·s in such manner and under such penalties as each House may provide."

S. 4422, Seventieth Congress, first session

A bill to create a commission on elections, to define its duties, and fox other purposes

Be it enacted, etc., That there is hereby created a commission to be known as the commission on elections (hereinafter referred to as the commission) to be composed of five commissioners elected as hereinafter provided.

SEc. 2. (a) The five commissioners first elected shall be elected at a joint session of the Senate and the House of Representatives from a list to be submitted by the Civil Service Commission, of the names, in alphabetical order, of 25 citizens of the United States selected on the basis of fitness by reason of experience, character, temperament, and lack of partisan prejudice. One of such commissioners shall be elected for the term of 2 years, and one for 4 years, one for 6 years, one for 8 years, and one for 10 years. The terms of office of all successors to such commissioners shall expire 10 years after the expiration of the terms for which their predecessors were elected; except that a commis­sioner elected to fill a vacancy occurring prior to the expiration of the term for which his predecessor was elected shall be elected only for the unexpired term of his predecessor. Ninety days before the expim­tion of the term of any such commissioner, the Civil Service Commis­sion shall nominate four citizens having the above qualifications and submit their names to the Congress in alphabetical order, from the e four nominees and the commissioner whose term is expiring the Con­gress shall in joint session elect a successor. Upon the occurrence of a vacancy otherwise than by the expiration of the term of office, a com­missioner shall be elected from a list of five citizens so nominated and submitted. At all joil;l.t sessions for the election of commissioners each Member of the llouse of Representatives shall have one vote and each Senator four and one-half votes. Any commissioner may be removed at any time by concurrent resolution of the two Houses.

(b) Each commissioner shall receive a salary of $15,000 a year, together with actual and necessary traveling and subsistence expenses while away from the principal office of the commission in the perform­ance of duties vested in the commission by this act . or, if assigned to any other office established by the commission, then while away from such office in the performance of such duties.

(c) The commissioner so elected for the two-year term shall during that term be the chairman of the commission, and during each succeed­ing two-year period the commissioner whose term expires therewith shall be the chairman.

SEC. 3. Vacancies in the commission shall not impair its powers, and a majority of the commissioners in office shall . constitute a quorum for the transaction of the business of the commission.

SEc. 4. The commission-(a) Shall maintain its principal office in the District of Columbia

and such other offices as it deems necessary. (b) Shall have an official seal which shall be judicially noticed. (c) Shall make such regulations as are necessary to execute the

functions vested in it by this act. (d) May (1) appoint and fix the salaries of such experts and a

secretary and other officers and employees, and (2) make uch expendi­tlires (including expenditures for personal services and rent at the seat of government and elsewhere, for law books, periodicals, and books of reference, and for printing and binding) as may be necessary for the execution of the functions vested in the commission and as may be appropriated for by the Congress from time to time. No salary in excess of $10,000 shall be paid to any officer or employee of the com­mission. All expenditures of the commission shall be allowed and paid upon the presentation of itemized vouchers therefor approved by the chairman out of money which may be appropriated for that purpose.

(e) May hold such hearings, require by subprena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths, and take such testimony as it deems necessary for the execution of its functions.

SEc. 5. (a) Any commissioner or duly authorized agent of the com­mission may sign subprenas, administer oaths, examine witnesses, and receive evidence. Such attendance of witnesses and the production (l.f such documentary evidence may be required from any place in the United States, at any · designated place of bearing. In case of dis­obedience to a subpama the commission may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence.

(b) Any district court of the United States within the jurisdiction of which such inquiry is carried on may, in case of contumacy or re­fusal to obey a subprena issued to any person, issue an order requiring such person to appear before the commission or to produce documentary evidence if so ordered or to give evidence touching the matter in ques­tion, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

(c) No person shaH be excused from testifying or deposing, or from producing documentary or other evidence in obedience to a subpceua, before the commission, on the ground that the testimony or evidence may tend to incriminate him or subject him to a penalty or forfeiture;

8376 CONGRESSIONAL RECORD-SENATE J\1AY 11 but no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which he may so testify under oath or depose or in obedience to a subprena to produce evidence; except that no person shall be exempt from prosecution or punishment for perjury committed in so testifying or producing evidence.

SEC. 6. (a) ~'be commission shall receive and have custody of all reports and statements required by law to be filed with it by candidates for nomination or election to any office.

(b) ~'he commission shall audit all such reports a!td statements and shall make such further investigations as it may <leem necessary to determine whether or not there have been violations of any laws relat­ing to the nomination or election of Federal officials.

(c) The commission shall report (1) to the Senate if the nomination ot· election of a Senator is involved, (2) to the House of Representatives if the nomination. or election of a Member thereof or a Delegate or Resident Commissioner thereto is involved, or (3) to both Houses if the nomination or election of any other officer is involved-

(A) The results of its audit of all such r eports and statements; and (B) Its findings of fact concerning a.ny alleged violations of such

laws. (d) The commission shall (1) receive and investigate the credentials

of all Senators elect and all Members elect of, or Delegates elect and Residen t Commissioners elect to, the IIouse of Representatives, and (2) report to the propt>r House its findings of fact relative to the validity a.nd intt>grity of such credentials.

(e ) The commission shall investigate all contested-election cases refet·red to it by either House, and report to the proper House its fi.nd­ings of fact in any such case.

SEC. 7. All records and reports of the commission shall be open to inspection by any person.

SEc. 8. The commission shall, as soon as practicable, make a com­plete and comprehensive investigation and report to the Congress its fi.ndings of fact and recommendations for necessary legislation, with respect to--

(a) The methods, machi.nery, conditions, costs, results, and other aspects of the existing system of balloting for the nomi.nation and election of Federal officers and the advantages and disadvantages of voting by mail.

.(b) The methods, machinery, conditions, costs, results, and other aspects of the existing system of party politics, a.nd the advantages of other systems, especially one whereby all political agencies would be brought under governmental supervision and the legitimate and neces­sary costs of campaigns would be paid out of public funds.

SEc. 9. This act may be cited as the "Elections commission act."

S. 4423, Seventieth Congress, first session A bill to prevent fraud and corrupt practices in the nomination and

election of Senators and Representatives in Congress, to provide pub­licity of campaign accounts, a.nd for other purposes Be it muu:ted, etc., That in a campaign for nomination or election to

th office of · Senator or Representative in the Congress of the United States it shall be u.nlawful to make expenditurefi except for the purpose of presenting information, arguments, and advice to the electors as to the issues of the campaign and the qualifications of candidates. A can­didate or his duly authorized agent or committee may Iaw.fully present information, arguments, or advice to the electors by the use of (a) the mails, (b) the telephone, (c) the telegraph, (d) adveristements in newspapers or by posters or on bill boards, (e) the radio, (f) personal solicitation, and (g) public meetings. The cost of maintaining bead­quarters and of employing persons to conduct the campaign may be laWfully paid out of the campaign fund by the candidate or his duly authorized agent or committee.

SEC. 2. (a) A candidate shall not make or authorize campaign ex­penditures, personally or through the authorized agent or committee p~·ovided for in section 4, in excess of the amount he may lawfully make under the laws of the State in which he is a candidate, or in excess of the amount he may lawfully make under the provisions of this act.

(b) Unless the law of his State prescribes a less amount as the limi­tation of campaign expenditures, the maximum amount which a candi­date may lawfully expend in his campaign for nomination and the maximum amount a candidate may lawfully expend in his campaign for election, shall be-

(1) The sum of $10,000, if a candidate for Senator, or the sum of $5,000 if a candidate for Representative; or

(2) An amount equal to the amount obtained by multiplying 3 cents by the total number of votes cast at the last general election for all the candidates for the office which the candidate seeks, but in no event exceeding $25,000 if a candidate for Senator or $10,000 if a can­didate .t'or Representative; except that in States where Representatives a.re ~lected from the State at large each ca.ndidate for Representative at large may make or authorize campaign expenditures to the same amount permitted a candidate for Senator in the same State. _

(c) Money · expended by a candidate to meet and di charge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which be resides, or expended for his necessary personal traveling and subsistence expenses, shall not be includt>d in determining whether his campaign expenditures have exceeded the sum fixed by this section as the limit of his campaign expenses.

SEc. 3. It shall be unlawful for any person other than a candidate or his duly authorized agent or committee, unless authorized in writing by the candidate or his agent or committee, to make any campaign expenditure in behalf of the candidate, except contributions to the can­didate or his duly authorized agent or committee.

SEC. 4. Every candidate shall either-(a) P et·sonally receive all contributions for the furtherance of the

campaign and make or authorize all campaign expenditures and keep accounts thereof as provided in section 5; or (b) appoint an agent or a committee which shall be charged with sole responsibility for receiving all such contributions, making or authorizing all campaign expenditures, and keeping accounts thereof as provided in section 5.

SEC. 5. (a) Every candidate, or his duly authorized agent or com­mittee, shall keep a correct and itemized account of-

(1) Each contribution received from any source for ' the furtherance of the campaign, together with the name a.nd address of the person who bas made the contribution and the 11ate thereof; and

(2) Each campaign expenditure which the candidate or his agent or committee bas made or authorized to be made, together with the name and address of the person to whom the expenditure was made, the date, and the pru·pose of such expenditure.

(b) Each contribution or expenditure shall be entered on such ac­counts within 24 hours from its receipt, or authorization or payment, respectively.

(c) Such accounts shall be preserved for the period of two years after the date of the election.

SEC. 6. It shall be unlawful for any person willfully to falsify in any way any account required to be kept by this act.

SEc. 7. All such accounts shall, throughout the time they are re­quired to be kept and preservetl, be open to inspection by any person.

SEC. 8 (a) Each candidate shall-(1) On the thirtieth day before the date on which a nomination is

made; (2) on the tenth day before the date on which a nomination is made; and (3) on or before the fifteenth day after the date on which a nomination is made, file with the commission on election' a detailed report showing all contributions received and all expenditures made in his campaign for nomination.

(b) Each candidate who seeks election after the date of the nomi­nation shall (1) on the thirtieth day before the date of the election; (2) on the tenth day before the date of the .election; and (3) on or before the fifteenth day after the date of the election file with the Commission on Elections a detailed report showing all contributions received a.nd all expenditures made in his campaign for election.

(c) Each such report shall be complete as of the day preceding the date of its fili.ng and shall be accompanied by a balance sheet. The reports required by this section to be filed shall be cumulative, but when there has been no change in an item previously reported only the amount need be carried forward.

(d) Each such report (1) shall be verified by the oath or affirma­tion of the person filing such· statement, before any officer authorized to administer oaths; (2) shall be deemed properly filed when deposited in an established post office on the prescribed day, duly stamped, 'regis­tered, and directed to the commission at its principal office, but in the eve.nt it is not received a duplicate shall be promptly filed upon notes by the commission of its nonreceipt; (3) shall be preserved by the commission for a period of two years ·from the date of its filing and shall constitute a part of its public records.

SEc. 9. It shall be unlawful for any candidate directly or indirectly to promise or to pledge the appointment, or the use of his influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support i.n his candidacy.

SEC. 10. It shall be u.nlawful for any person to make or offer to make an expenditure, or to cause an expenditure to be made or offered, to any person, either to vote or withold his vote, or to vote for or against any candidate; and it shall be unlawful for any person to solicit, accept, or receive any such expenditure in consideration of his vote or the withholding of his vote. -

SEc. 11. It shall be unlawful for any national bank, or any corpora­tion ouganized by authority of any law of Con!!ress, to make a · con­tribution in bt>balf of any campaign for nomination or election to any political office, or for any corporation whatever to make a contribution in bt>balf of any campaign for nomination or election at which presi­dential and vice presidential electors or a Senator or Representative in, or a Delegate or Re ident Commissioner to, Congres is to be voted for, or for any candidate, political committee, or other person to a.ccept or _receive any contribution prohibited by this section. Every corpora­tion which makes any contribution in violation of this st>ction shall bP. fined not more than $10,000_; a.nd every officer or director of any cor·

1928 CONGRESSION AIJ RECORD-SEN ATE 8377 poration who consents to any contribution by the corporation in viola­tion of this section shall be fined not more than $5,000 or imprisoned not more than five years, or both.

SEC. 12. Any person violating any of the provisions of this act, except section 11, shall, upon conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both.

Smc. 13. This act shall not limit or affect the right of any person to make expenditures for proper legal expenses in contesting the results of a nomination or election.

SEC. 14. This act shall not be construed to annul the laws of any State relating to the nomination or election of candidates, unless directly inconsistent with the provisions of this act, or to exempt any candidate from complying with such State laws.

SEc. 15. If any provision of this act or the application there~f to any person or circumstance is held invalid, the validity of the remamder of the act and of the application of such provision to other persons and circumstances shall not be affected thereby.

SEC. 16. The Federal corrupt practices act, 1925, approved Feb­ruary 28, 1925 (except section 312 thereof), is het·eby repealed.

SEc.17. As used in this act-(a) The term " campaign expenditures" includes all expenditures

made for the purpose of obtaining nomination, regardless of the method of nomination, and for the purpose of obtaining election after nomi­nation, made or authorized by the candidate between the date of the election and the date of the last previous election for the same office.

(b) The term "candidate" means an individual who is presented for nomination or election as Senator or Representative in, or Delegate o~ Resident Commissioner to, the Congress of the United States, whether or not such individual is nominated or elected.

(c) The term "contribution" includes a gift, subscription, loan, advance, or deposit of money or anything of value, and includes a con­tract, promise, or agreement, whether or not legally enforceable, to make a contribution.

(d) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement. whether or not legally enforceable, to make an expenditure.

(e) The term "person" includes an individual, partnership, com­mittee, association, corporation. or any other organization or group of pet·sons.

SEC. 18. This act may be cited as the "Federal corrupt practices act of 1928."

SEC. 19. This act shall take effect on the date of its enactment.

S. 4424, Seventieth Congress, first session A bill to regulate campaign expenditures of candidates tor President

and Vice President, and for other purposes Be it enacted, etc., That it shall be unlawful for a candidate for

President or Vice President, personally or through a duly authorized agent or committee, (a) to make or authorize expenditures, for the purpose of obtaining his nomination, in an amount in excess of $480,000, or in an amount in excess of $10,000 in any one State; or (b) in the event of his nomination, to make or authorize expenditures, for the purpose of obtaining his election, in an amount in excess of $1,440,000, or in an amount in excess of $30,000 in any one State; except that expenditures for headquarters and other general expenses of a campaign shall not be counted against the limitation of expenditures in each State.

SEc. 2. (a) Any individual who is a qualified elector may, in his own name and not otherwise, make a contribution in any amount to the campaign fund of any candidate for the office of President or Vice President if such conh·ibution is made not later than 30 days before the date of the election. During the period from the thirtieth to the sixteenth day, inclusive, before the election, it shall be unlawful for any indiviQual to make a contribution to such fund in excess of $10,000, and during the period of 15 days next preceding the election it shall be unlawful for any such individual to make any such contribution in excess of $5,000. After the election it shall be unlawful for any such individual to make any such contribution in excess of $1,000 for the purpose of paying a deficit in such fund.

(b) It shall be unlawful for any candidate, or his agent or commit­tee, to receive from any person, during any period specified in subdivi­sion (a) of this section, any contribution in excess of the amount allowed to be contributed during such period under the provisions of such subdivision.

SEc. 3. It shall be unlawful for any person other than a candidate or his duly authorized agent or committee, unless authorized in writing by the candidate or his agent or committee, to make any campaign expenditures in behalf of the candidate, except contributions to the candidate or his duly authorized agent or committee.

SEC. 4. It shall be unlawful for a candidate, or his duly authorized agent or committee, to incur any deficit, which, when added to the contributions actually' received, would make a total in excess of the

L..."''{IX-528

amount provided in section 1 as the limitation of expenditures in a campaign for either nomination or election.

SEc. 5. Every candidate shall either (1) personally receive all con­tributions for the furtherance of the campaign and make or authorize all campaign expenditures and keep accounts thereof as provided in section 6; or (2) appoint an agent or a committee which shall be charged with sole responsibility for receiving all such contributions, making or authorizing all campaign expenditures, and keeping accounts thereof as provided in section 6.

SEc. 6. (a) Every candidate, or his duly authorized agent or com­mittee, shall keep a correct and itemized account of (1) each contribu­tion received from any source for the furtherance of the campaign. together with the name and address of the person who has made the contribution and the date thereof; and (2) each campaign expenditure which the candidate or his agent or committee has made or authorized to be made, together with the name and addt·ess of the person to whom the expenditure was made, the date, and the purpose of such expenditure.

(b) Each contribution or expenditure shall be entered on such ac­counts within 24 hours from its receipt, or authorization or payment, respectively.

(c) Such accounts shall be preserved for the period of two years after the date of the election and shall, during such period, be open to inspection by any person.

SE'C. 7. It shall be unlawful for any person willfully to falsify in any way any account required to be kept by this act.

SEc. 8. (a) Each candidate, or his agent or committee, shall file with the Commission on Elections, on the fifteenth day before the date of the national convention at which such candidate seeks to obtain the nomination, a detailed report showing all contributions received and all expenditures made or authorized to be made by the candidate, or his agent or committee, prior to the time of the submission of such report. Within a period of 10 days after the adjournment of such convention each such candidate, or his agent or committee, shall file with the commission a final and detailed report of all contributions received and all expenditures made or authorized to be made on behalf of such candidate during the period between the date of the last previous presidential election and the date of such adjournment.

(b) On the thirtieth day and on the fifteenth day next preceding the date of the election the tr·easurer of each national campaign committee shall file with the commission a detailed report, attested by the chair­man and secretary of such committee, of all contributions received and all expenditures made or authorized to be made on behalf of all candi­dates since the date of the last previous presidential election. Within a period of 10 days following the election the treasurer of each such committee shall file with the commission a final and detailed report, attested by the chairman and secretary of such committee, of all con­tributions received and all expenditures made or authorized to be made on behalf of all candidates during the period between the date of the last previous presidential election and the date of such report.

(c) In addition to the reports provided for in subdivision (b) of this section, the h·easurer of each national campaign committee shall 1ile with the commission, on such dates as the commission may fix, not less than four reports in any calendar year of the contributions received and expenditures made or authorized to be made by such committee for political purposes. The reports required by this subdivision shall be cumulative during the calendar year to which they relate.

(d) Each report required by this section (1) shall be verified by the oath or affirmation of the person filing such report before any officer authorized to administer oaths; (2) shall be deemed properly filed when deposited in an established post . office on the prescribed day, duly stamped, registered, and directed to the commission at its principal office, but, in the event that it is not received, a duplicate shall be promptly filed upon notice by the commission of its nonreceipt; and (3) shall be preserved by the commission for the period of two years from the date of its filing and shall constitute a part of its public records.

SEc; 9. It shall be unlawful for any candidate to directly or indi­rectly promise or pledge the appointment or the use of his influence or support for the appointment of any person to any public or private position or employment for the purpo~e of procuring support in his candidacy. ·

SEc. 10. It shall be unlawful for any person to make or offer to make an expenditure, or to ·cause an expenditure to be made or offered, to any person either to vote or withhold his vote or to vote for or against any candidate, and it shall be unlawful for any person to solicit, accept, or receive any such e::\.-penditure in consideration of his vote or the with­holding of his vote.

SEC. 11. Any person who violates any of the provisions of this act shall, upon conviction thereof, be fined not more than $10,000 or imprisoned for not more than 10 years, or both.

SEc. 12. If any provision of this act or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the act and . of the application ot such provision to other persons and circumstances shall not be affected thereby.

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8378 CONGRESSIONAL RECORD--SENATE MAY 11 Sxc. 13. As used in this act-(a) The term " campaign expenditures" includes all expenditures

made for the purposes of obtaining nomination, regardless of the method of nomination, and for the purpose of obtaining election after nomina­tion, made or authorized by the candidate between the date ·of the election and the date of the last previous national election.

(b) The term "candidate" means an individual who is presented for nomination or election as President or Vice President, whether or not such individual is nominated or elected.

(c) The term "contribution" includes a gift, subscription, loan, ad­vance, or deposit of money or anything of value, and includes a con­tract, promise, or agreement, whether or not legally enforceable, to make a contribution.

(d) The term "expenditure" includes a payment, distribution, loan, ad.vance, deposit, or gift of money or anything of value, and includes a contract, . promise, or agreement, whether or not legally enforceable, to make an expenditure.

(e) The term "person" includes an indhidual, partnership, com­mittee, association, corporation, or any other organization or group of persons.

SEc. 14. This act may be cited as the "national campaign expendi­tures act of 1928."

SEC. 15. This act shall take effect on the date of its enactment.

Mr. SHIPSTEAD. Mr. Pre ident, I think the Senator from New Mexico [Mr. Cu'ITING] has rendered a distinct public service. It is a strange paradox that while the Senate has spent a great deal of its time and a great deal of money in

·investigating corrupt practices in elections, and I think some very good work has been done--! want to congratulate the members of the various committees that have had that work to do upon the manner in which they have done it-still, except for the unseating of Smith and V ARE, the CC}ngress has done nothing to stop these practices in the future.

It is a good deal like the fact that so many people all over the world are talking against war and for peace . . Even govern­ments indulge in that pastime, but no major government on the face of the earth that I am aware of, and no powerful nation of people, has ceased the economic practices that lead to war.

We talk about corruption, the buying of seats in the Senate, the selling of the Government on the auction block to the highe ·t bidder, but we have done nothing to stop the practice.

Mr. President, I have waited for some of the learned con­stitutional lawyers of the Senate who are so much better equipped than I to study this question and propose a remedy. I am glad that the Senator from New Mexico has opened the discussion of the subject. Some time ago, in my humble way, I spent considerable time in studying this question, and intro­duced three bills that I hoped would at least be a partial remedy. I do not claim that these bills carry an adequate or complete remedy; but I had hoped that the Committee on Privileges and Elections, before which these bills are now pending, would at least give some consideration and hearing to them. In view of the fact that this matter has been brought up this morning, I want to call the attention of the Senate to these bills.

As a matter of fact, I think we have done the State of Illinois and the State of Pennsylvania a grave injustice in this: The country bas been led to believe that ·only in Illinois and Penn­sylvania is there wholesale con-uption of the electorate. I make the charge that if the committee of the Senate or any other reliable, responsible body in the United States will investigate the political machinery of many other States of the Union it will find political machines as corrupt as the political machine of Pennsylvania or of Illinois. I venture to say that it will be found that in very many States of the Union the political machinery is as corrupt and spends as much money in propor­tion to the wealth and population of the States as in Pennsyl­vania or in Illinois.

It is a well-known fact that for years delegates to conventions from the South, made up of office holders, have been sold on the auction block to the highest bidder, to the presidential candi­date whose representatives will pay the greatest sum of money. It is also a well-known fact that they do not stay bought. The man who gets to them last with the money gets the delegates and gets the votes in a national convention.

It is a subject of such grave importance to the life of the Republic that I think the Congress has been very derelict in its duty in not paying more attention to it, in order to find a remedy.

In the opening remarks of the Senator from New Mexico [1\lr. CuTTING] he called attention to the corrupt practices act of 1925. That act specifically excluded from its operation primaries for the selection of candidates for United States Senator. I take it that it was not done with malice afore-

thought. I take it that it was done with the Newberry decision in mind.

Mr. WALSH of Massachusetts. Mr. President, will the Sen~ a tor yield?

Mr. SHIPSTEAD. I yield. 1\Ir. WALSH of Massachusetts. Having been long interested

in that problem I will say to the Senator that the reason why primaries were excluded was because of the decision of the Supreme Court of the United States in the Newberry case.

Mr. SHIPSTEJAD. I want to call the attention of the Senator from Massachusetts, however, to this fact-and I am sure he did it in good faith. I do not call this to the Senator's attention in criticism of whoever inserted that provision in the corrupt practices act--

Mr. WALSH of Massachusetts. I understood the Senator. 1\Ir. SHIPSTEAD. But I want to discuss that provision for

a moment. · 1\lr. WALSH of Massachusetts. May I suggest to the Sena·

tor that in the course of his discussion of this subject he con­sider whether it is possible, by constitutional amendment or otherwise, to limit the abuse of the use of money in elections without forbidding the use of money of any amount by all political parties and all candidates?

I have come to the conclusion, from a good many years of study of the question, that the only way to do away with these election abuses is for the Government to as ume all the legiti­mate expenses of election . What are the legitimate expenses of a candidate? Chiefly distribution of literature, holding pub­lic meetings, and carrying voters to the polls and employing workers on election day. .

Carrying voters to the polls on election day can be taken care of very simply by providing that the communities where elections are held pay for the transportation of invalids and a penalty for repeated failures, with ge}C}d reason, to vote. The distribution of literature can be taken care of by the Govern­ment issuing a pamphlet giving the same proportion of pace to every candidate and every party, and mailing it to every voter. The matter of public meetings can be taken care of by public halls being given over for one or two or three nlghts to each candidate or party in each locality. If that can be done, will the Senator tell me where and how there is need of the legitimate expenditure of money for the election of any can­didate?

Mr. MAYFIELD. Mr. President, will the Senator f1·om Massachusetts yield there?

Mr. WALSH of Mas;sachusetts. The Senator from Minnesota has the floor. I should like to add, however, that if we depart from the principle of no expenditure , we immediately begin to permit all kinds of excuses for the expenditm·e of money in unlimited amounts.

I am very ~trongly of the opinion that we should seek to con­duct our elections like the elections of a high-class busine s cor­poration that wants to elect responsible officers or directors. A man who would go about spending large amounts of money to be elected to the board of directors of a high-class financial in­stitution would not be considered worthy of the office. If those directors want to know something about an applicant they make inquiries, they make investigations, and they pay out of the re­&ources of the company for those inquiries and those investiga­tions;

I repeat, I am very strongly of the opinion-and I should like to have the Senators view on this sooject-that the way to ultimately solve this problem is to forbid the use of money altogether. That will prevent tho e who have great wealth having any advantage over those that have no money. It will prevent the political party that can gather the largest sum of money having any great advantage over the political party that can get only a few thousand dollars, and will do more than anything else to restore the principle of equality of opportunity, which is a cardinal American principle. Equality does not exist in the right to hold public office if one man can use mil­lions of dollars to be elected, and another man can not use it because he can not command the money or declines to be sub­servient to the influences that give money for elections.

Mr. CUTTING. Mr. President--The PRESIDING OFFICER (Mr. LA FoLLETTE in the chair).

Does the Senator from l\linnesota yield to the Senator from New Mexico?

Mr. SHIPSTEAD. I do. Mr. CUTTING. I should like to express my complete agree­

ment with the remarks just made by the Senator from Mas a­chusetts. I believe that within the next 10 years it will be possible to adopt some such system. I am not sure that the public is ready for it at the present time. If it is, I shall certainly be glad tQ yote for such a system.

1928 CONGRESSIONAL RECORD-_ SENATE 8379 Mr. WALSH of Massachusetts. I am pleased to hear that

observation. l\Ir. CUTTING. l\ly legislation is being suggested just for

the present emergency, until we are ready to take the full step suggested by the Senator.

Mr. WALSH of Massachusetts. I agree with the views of the Senator and hope we can make progress toward removing the evil influences of large expenditures of money in our elections.

Mr. SHIPSTEAD. l\Ir. President, on account of the lateness of the hour I shall ask, very respectfully, that I be not inter­rupted.

I want to say to the Senator from Massachusetts that I do not see any reason why the law should not provide that the only money a man should spend in -an election of any kind is his necessary traveling expenses. Let all candidates pay their nec­essary traveling expen es, and present their messages to the people of their district or- their State on a basis of equality.

I want to say, in qualification of a statement I made about the buyi.JJg of delegates from the South, that I do not want to be misunderstood as having reference to the great mass of the people of the South. I had particular reference to officeholders under a Republican admini tration; appointees who, under the peculiar circumstances of the conditions in the South, have a notorious reputation for being venal. I think, in a lesser de­gree, the same criticism applies to delegates from all over the United States.

I desire now to discuss the particular provisions of the cor­rupt. practices act of 1925 exempting primaries from the pro­visions of that act.

1\Ir. WALSH of Massachusetts. l\lr. President, I want to remind the Senator about that. Referring to the act of 1925, the able Senator from Idaho [1\Ir. BoRAH] and several other Members of this body who made a special study of this subject were very much interested in that act; and at that time it was thought that we went as far as possible under existing consti­tutional provisions.

Mr. SHIPSTEAD. I want to be understood as saying that I do not question the ability as constitutional students of the Senator from Idaho and the Senator from Massachusetts. It may be presumptuous of me to discuss the subject, not being a lawyer, but I haYe read the decision, and I propose to make just a few remarks upon that decision as it affects the corrupt prac­tices act as it was enacted in 1925.

The original - Federal corrupt practices act of 1910, of which the present 1925 act is an amendment, covered both pri­mary and general elections. This was before the adoption of the seventeenth amendment, providing for direct election of Senators by the people.

The Supreme Court in the Newberry case held that the 1910 act, being pas ed prior to the seventeenth amendment, could not be validated by the later amendment. The syllabus of the Supreme Court decision in Truman H. Newberry et al., plain­tiffs in error, v. United States of America (254 U. S.) reads plainly on this point:

1. The only source of power which Congress (prior to the seventeenth amendment) possessed over elections for Senators and Representatives was United States Constitution, Article I, section 4, which empowers Congress to regulate the manner of holding such elections.

2. Under the constitutional grant of power to regulate "the manner of holding elections" of Senators and Representatives, Congress could not fix, as it attempted in the act of June 25, 1910, section 8, as amended by the act of August 19, 1911, the maximum sum which a candidate may spend, or advise or cause to be contributed and spent by others, to procure his nomination at a primary election or convention.

3. The validity of the Federal corrupt practices act, antedating the seventeenth amendment, must be tested by powers possessed by Con­gress at the time of its enactment. An after-acquired "power -can not, ex propria vigore, validate a statute void when enacted.

Thus the Supreme Court plain1y intimates that Congress under the seventeenth amendment has an "after-acquired power " additional to that granted in Article I, section 4, and that under this "after-acquired power" Congress has authority to regulate both primary and general elections as provided in the original 1910 Federal corrupt practices act, under which the Government attempted to prosecute Senator Newberry, of Michigan.

Congress has not yet assumed this " later-acquired power" under the seventeenth amendment, the power which the Supreme Court has pointed out to us. The short bill which I have introduced provides for doing so. It provides that the title of the corrupt practices act of 1925 shall be changed so as to include the ·words "primary elections." The bill provides sim­ply that the term "elections " in the Federal corrupt practices act includes primary, general, a11,cl special elections.

Before the ratification of the seventeenth amendment United States Senators were elected by State legislatures. The election of a Senator had nothing to do with the popular-election sys­tem-neither with registration, primaries, nor general elections. After the adoption of the seventeenth amendment the election of Senators fell within all provisions of election by the people­registration, primary, and general elections-and thereby came squarely under Article I, section 4, of the Constitution, granting power to Congress to regulate " the manner of holding elections" of Senators and Representatives. And " the manner of holding elections," elections by the people in this country, includes the whole elective process-registration, primary, and general elections.

PRUdARY ELECTIONS OF SENATORS AND REPRESENTATIVES

Of 96 Senators in this Chamber, 82 come to it through the primary election.

Of 434 Members of the House of Representatives, 420 come to Congress through the primary election.

There are 41 States having state-wide primary elections of Senators, and 42 States having congressional district primary elections of Unitetl States Representatives.

If a Federal corrupt practices act is needed in any elections at all, it would seem to be necessary in the 41 States where in a majority of cases the primary election is the main contest in the election of United States Senator, and in the 42 States where the primary election determines in the majority of cases the contest for Repres-entative.

We have only to glance at the election returns of the last elec­tion, 1926, to note how large a number of the election contests of this country in the election of Senators ancl Representatives are settled in the primary election. In over half the States and congressional districts the main contest is in the primary.

Take the Southern States. With the possible exception of one congressional district in Texas, the entire election of southern Senators and Representatives is settled in the Demo­cratic primary elections. Compare the primary-election vote in these States with the general-election vote.

In Alabama, 1926, the Democratic primary vote for Senator was 207,316, and the total general-election vote was 113,513.

In Arkansas the Democratic primary vote was 220,816, and the fall vote of all parties only 33,214.

The Florida primary vote was 107,129, and the November vote 65,568.

Georgia's primary vote for Senator was 190,090; November total, 47,366.

Louisiana primary contest polled 164,603, and general election 54,180.

South Carolina polled 160,262 in the Democratic primary; only 14,560 in the November general election of Senator.

The primary election is the main contest in a good share of the Northern and Western States. In Illinois, 1926, the Repub­lican primary polled 1,146.798 votes against 842,273 Republican votes for Senator in the November general election. The Illi­nois Republican primary contest polled a larger vote by 300,000.

In Pennsylvania 1,415,577 Republican voters contested for Senator in the May primary, against 822,187 at the same polls in November. The Penn ylvania primary contest brought a larger Republican poll than the general election' by 629,000, or 75 per cent.

There was no corrupt practices act to r·egulate the main contests in Illinois and Pennsylvania, the primary elections in the spring. Had the Federal corrupt practices act been ex­tended to primary ~lections, as the Supreme Court so plainly intimates it could be, does anyone in this Chamber imagine for a moment that the conditions in the prin1ary contests of these two States would have been what the investigations of the Senate have disclosed? The expenditure of thousands of dol­lars and consumption of months of time over two prolonged election contests in the Senate-with the disclosure of condi­tions that are a national disgrace-are logically traceable to the neglect of Congress to apply the Federal corrupt practices act to the primary elections that constituted the main election contests.

Let us consider the increasing part which primary elections play in the political contests of some of our Western States.

The North Dakota primary election of Senator, 1926, brought out 161,958 Republican votes, ag-ainst 107,921 Republican votes in NoYember.

The Republican primary vote in Iowa for Senator was 422,-327, against a Republic-an vote of 323,409 in November.

The CaUfornia Republican plimary contest polled 707,326, against 670,128 Republican votes in November.

The Oregon Republican plimary polled 125;077, against 89,007 Republican votes in November.

-8380 CONGRESSIONAL RECORD-SENATE MAY 11 -Washington's Republican primary vote was 215,642, against

a November Republican vote of 164,130. In Wisconsin, 1926, 466,637 Republican votes were cast in

the pr:i,mary contest, which was 267,000 more than the Republi­can vote in November.

In all of these States the main election conte&t was in the primary election. In 26 having state-wide primary elections in 1926-a substantial majority of the whole-a summary of the total cast in primary contests, as compared with the general election total, makes the following instru~tive comparison: Prim:.u:y total vote of these 26 States------------------- 11, 294, 0~0 General election total for same States __________________ 10, 073, 9o5

CAl\IPAlG~ MILLIONS UNLOOSED BY 'INE WORDS IN 1925 STATUTE

The original Federal corrupt practices act of 1910 was not eArpressly amended so as to withdraw all Federal restrictions upon corrupt practfces in the primary election of Senato~ !lnd Representatives until the statute of February 28, 1925, limited the jurisdiction of the act as follows:

SEc. 302. (a) Tbe term "election" includes a general or special election • • • but does not include a primary election or conven­tion of a political party.

For 15 years-from the original act of June 25, 1910, to the statutory amendment of February 28, 1925--tbe Federal cor­I'upt practices act applied in express terms to primary elections of Senators and Representatives.

The Newberry decision of 1921 was not conclusive of the powers of Congress to punish corrupt practices. The Federal corrupt practices act of 1910 was an extensive act of 19 sections covering many phases of election corruption. It prohibited cam­paign contributions by corporations and corporate officials. It governed the solicitation of campaign funds. It penalized the sale and purchase of votes. It provided for the filing of cam­paign contributions and expenditures. The Newberry decision expressly covered only that phase of the corrupt practices act set up in -the indictment and found that Congress had not the power in 1910 to set a. limit to the campaign expenditures of Newberry in his primary election.

Four members of the Supreme Court held that Congress, even before the seventeenth amendment, had the power to regulate all elections of Senators and Representative , both primary and general elections. Chief Justice White, dissenting, held­page 269:

I can see no re.ason for now denying tbe power of Congress to regu­late a subject whicb from its very nature inberes in and is concerned witb the election of Senators of tbe United States as provided by tbe Constitution.

·Justice Pitney-page 275-with whom Justices Brandeis and Clarke agreed, declared :

There is no constitutional infirmity In the act of Congress tbat underlies tbe indictment.

But be found-there was an en-or in the submission of the case to the jury tbat calls for a new trial.

Justice McKenna, the fifth justice in the case and the one whose opinion governed the verdict, reserved his opinion ex­cept on the one point, that the act of 1910 antedated the seven­teenth amendment and thereby lacked authority to limit the Newberry expenditures. ·

That the moral effect of the 1910 act did not cease with the decision of a divided court is proven by the resignation of New­berry and his retirement from the Senate. He knew, as the country knew, that politically he was dead. Any day there might be a change of court opinion by death or resignation, or by the introduction of a new legal angle into an election case, that would bring disaster to any candidate, or boss, or campaign c ntributor violating the Federal corrupt practices act of 1910. So the case stood until 1925.

But when on February 28, 1925, with 30 Senators and 4W Representatives facing primary elections in 1926, it was ex­pressly declared by Congress that the :F'ederal corrupt practices act as applied to elections " does not include a primary election or convention," then the gates were thrown open.

Section 313, prohibiting corporation contributions to primary campaign funds, a subject not discussed in the Newberry case, was repealed as to all primary contests. This language of the law was stricken out as to primary elections, to wit:

Every corporation wbich makes any contribution in violation of tbis section shall be fined not more th::tn • 5,000, and every officer or director of any corporation who consents to any contribution by the corporation in violation of tbis section shall be fined not more tb::tn $1,000, or im-prisoned not more than one year, or both. -

This provision had stood as a deterring force in all primary contests for 15 years up to February 28, 1925. Congress in 1925 said, in effect, to the corporations of the country and to the political bosses and machines : " Gentlemen, primary E!lec­tions are now open to all the contributions you care to make ~ADd to all the corrupt practices you can invent. Go to it! You are herewith granted complete immunity from the Federal cor­rupt practices act so far, mind you, as concerns primary elec­tions and conventions. See that you restrict your criminal work to prinlary elections and conventions; that is all; go ahead ; make hay while the sun shines."

The 1926 prim~ry-election contests show that the bosses, ma­chines, and corporate affiliations took Congress at its word. The results we have seen. The immunity bath for corrupt practices was such a. stimulu~ in Illinois primaries that the State primary election of Senator, which usually brought to · the polls 800,000 to 1,000,000 votes, swelled the 1926 vote to 1,443,163-and the vote at the Republican primaries was 300,000 larger than at the general election following. Corporate con­tiibutions, or the contributions of corporate officials, ran into :figures never before known in political history.

In years piior to this 1925 immunity bath the Penn ylvania vote in senatorial primary elections had -Stood-534,000 in 1920, 1,117,000 in 1922, and only 816,000 in 1924.. But the immunity grant of 1925 swelled the .Pennsylvania primary vote to 1,616,704-an increase of nearly 100 per cent. The Repub­lican primaries of 1926 in Pennsylvania polled 1,451,577, which was 629,390 more than the Republican vote in November. So Pennsylvania. bosses and corporations obeyed the injunction of Congress to the letter and heaped all their corrupt practices on the primary. They appreciated the courtesy of Congress in giving them their first chance in years to be as corrupt as they pleased.

Further illustrations of the logical effect of the 1925 repeal can be read in the primary election results of numerous States--wherever moneyed interests were concerned in political control. But it is not necessary to extend the grewsome detail. A large percentage of the Senators in this Chamber are familiar with enough cases of the use of unlimited campaign barrels in recent primary contests in their own States to know that the 1925 provision-the nine words exempting the operations of the Federal corrupt practices act from primary elections--was a. vital blunder which endangers government by the people in this country.

The illustrations I have used thus far relate to the primary election of Senators. Perhaps a word should be added in re­gard to the part which primary elections play in the election of Members of the House of Representatives. I have intimated that in a majority of the 434 congressional districts in the United States the main contest is in the primaries. Let us examine the basis for that contention.

If you turn to the statistical pages of the Congressional Directory, pages 182-188, where Clerk of the House Tyler Page compiles the election returns for Members of the House, you will be struck with the following facts:

In about 90 congre sional districts the Congre sman elect has no oppo ition in November, the only election being that at the primary.

In over 150 congressional districts the Congressman elect polled more than double the vote of his defeated opponent. It will be admitted that in such a district the main contest was at the primary, the primary election being the equivalent of election.

Thu , in 240 congressional districts out of the total 434-or 26 more than a majority-the main election conte t is the primary.

To restrict the operation of the Federal corrupt practices act to the minority of congressional districts and deny its operation to the majority, I submit, is to make that act a farcical gestm·e devoid of logic or statesman hip. If Congress is in earnest and sincerely desires results from the enforcement of the Federal corrupt practices act, if it honestly propose to stem the trend of commercial control of seats in these two Hou es, its duty is plain. Extend the act to primary elections, as the Supreme Court plainly indicates we have the power to do. Apply the act to that clas of elections which to-day deter­mine the will of the people in a majority of the States and their congressional districts.

Mr. President, if that be done I think it will tend to allay the fear that is prevalent throughout the country to-day from the revelations that as a matter of fact the very Government of the United States it elf is being sold on the auction block to the highest bidder and being used by tho e who buy it to have legislation enacted, not only in the two Houses of Cougress but in the very admi~str~tion of the law itself in the executive

1928 CONGRESSIONAL RECORD-SENATE 8381 departments, and that those people are using tbe Government for the purpo e of milking the pockets of the American people for their own profits.

1\Ir. President, because of the lateness of the bour I shall not take any more of the· time of the Senate. I had not expected to nddre the Senate to-day at all. At some later time I shall attempt to go into the subject more specifically.

CAMPAIGN EXPENS}ij3 OF GOV. ALFRED E. SMITH

1\Ir. HEFLIN. 1\Ir. President, tbe Washington Herald this morning carried a tatement to the effect that Mayor William A. Gunter, of · Montgomery, Ala., had been elected a delegate at large from the State, and that this was "a repudiation of Senator HEFLIN." It will be recalled that Mr. Gunter is the man who sent a telegram to the senior Senator from Arkansas [Mr. RoBIN ON] criticizing me when I discussed the Roman Catholic-Mexican-Hearst scandal in the Senate in January.

The opposition to Governor Smith in Alabama had 10 candi­dates for delegates from the State at large and we could only elect 4. The opposition to our delegates, those who were said to favor Smith, had only 4 candidates in the field, wbile we had 10. All 10 of our candidates received a good vote. So our forces were naturally divided. But in spite of that, we swept the field entirely, elected the entire delegation of 24, all against Smith, and the lowest delegate selected on our ticket of 4 from the State at large, defeated Mayor Gunter by between 15,000 and 16,000 votes.

A f riend informs me that while some clever citizens and good Democrats voted for Gunter for various reasons, that his main vote came from the Roman Catholics.

That particular vote really represents the real opposition to me in the State because of the fight I have made and am making and will continue to make for tbe protection and pres­ervation of free institutions in Ame1·ica.

1\Ir. Gunter has been rejected. He woufd not ad.J:llit that he was for Governor Smith-so he must have obtained some >Otes on that score. He made speeches o-ver the State and they say he had active workers in various sections of the State. It is believed in the State, and I believe it, that funds were furnished by Governor Smith's secretive and artistic campaign managers. If the Washington Herald thinks or thought, when it thought that Gunter had been elected, that I was repudiated, I wonder now what it thinks about it since he has been over­wheLmingly defeated? I will not take the time to comment on that.

1\Ir. President, I hold in my hand the forerunner-the out­side cover or advertisement of a book that is to appear soon, written by Mr. Hapgood and somebody else, entitled "Alfred E. Smith," a biographical study- in Democratic politics. and so forth, illustrated by photographs, cartoons, original drawings, for sale at $2.50 a volume. Governor Smith has evidently ap­proved this. It must have been submitted to him before it was submitted to tl1e public. It carries this statement, quoting from the Nation:

No new papet· editor or politician who de ires all the facts can be without this volume, and likewise no citizen who wish-es to know truths about the man who will either be the next presidential nominee of his party or be the cause, by reason of his defeat, of his party again going on the rocks.

I want Democrats to take note of that statement. That is being carried in his biography. No doubt he is paying for it or some of his close friends are. They are already spreading the idea over the country, before the convention meets, that this man will be the nominee or his defeat will be the means of driving the party on the rocks.

I have hown heretofore that Governor Smith's friends, the Roman Catholic newspapers, have threatened to defeat the party if they did not nominate Smith. I have shown that their le, uers in various States have said that. But here it comes, with the sanction of Governor Smith himself, it appears, that if he is not nominated they are going to bring about the defeat of the Democratic Party.

1\Jr. President, in addition to that I want this to go in the RECORD to-day. Yesterday Governor Smith was interrogated briefly in New York. He sa id to the Senate committee investi­gating campaign funds that he knew nothing about his cam­paign, that he had authorized nobouy to accept money or to spend money. He knew nothing about anything except about New York, and yet he is running to be Pre ident of a Union of 48 States. He admits by that be is not acquainted with the problems that affect the Nation at large; he knows nothing except about New York.

l\1r. Pre ident, he reminds me of the images of the three little monkey which the Japane e have made well known. One has his hands over his mouth, another has his hands over his ears,

and another has his hands over his eyes-" see no evil, speak -no evil, hear no evil." So Governor Smith sees nothing, hears nothing, tells nothing. That is the situation be is in before the Senate committee. Senators, is it possible that this man is going to let that statement stand-running for President of the United States and yet swearing before a committee of the Senate that he knows nothing about his campaign; that he has authorizeu nobody to make any preparations to run it; that he knows nothing about his campaign expenditures? Is he to let that statement stand before this Senate committee and the country?

Let me suggest to the committee how to get at some of the facts. Call 1\fr. Norman Hapgood before the committee--! sugge t it in the open Senate--and a~k him who furnished the money for the printing of the stories he has written day after day in the Washington News. Call Mr. Hoover's man in and ask him to tell the committee who paid him; and call in the manager of the Washington News and ask who paid for those many pages that appeared day after day for a month, or per­haps more. That cost money. I know, because I myself have been held up a few times by certain daily papers. I remember that a daily newspaper in my State printed a speech of mine and a cut; it filled a whole page; and they charged me only $300 for it in one i sue.

How much did the articles to which I refer cost, appearing 30 or 40 days, page after page? They cost somebody severaL thousand dollars. I now suggest to the committee that they call the News in, and call Norman Hapgood and this other man, who seems to have picked out these two candidates for us, one for the Repu}}lican and one for the Democrat , and interrogate them. ask them who paid them this money and how much.

Let .me say to the Senate that it was disclosed in the testi­mony yesterday that one contractor in New York-just one out of the hundreds and thousands in New York City-had given to Governor Smith's campaign fund $20,000 and had loaned $50,000 more to his committee. Just one contractor in New York hau contributed $70,000 to Governor Smith's cam­paign fund, a contractor who is under obligations to Governor Smith and Mayor Walker for getting these jobs in the city of New York, where Tammany holds sway and feeds and fattens on graft. That is worth looking into.

It has been suggested by a newspaper-and I will discuss the matter more at length later-that there is a graft fund of $60,000,000 being raised in New York for Governor Smith; that it has been collected out of contracts let in New York City for various pm·poses. The suggestion is made in that news­paper that Mayor Walker ought to resign or that he ought to be impeached. I hope our committee has not finished with New York. I trust that it will go back again or call the wit­nesses here.

Let me remind Senators that Governor Smith is following somebody's example. Newberry tried similar tactics on the Senate committee. He said, "I do not know anything about it." The vouchers came in and in spite of the destruction of checks, we traced about $200,000. " But what about this? " he was asked. "I do not know." "Well, but these people say they got the money." "Well, my brother John must have attended to that. I knew nothing about it." I wonder if Gov. Alfred Smith of New York has a friend or brother who imposed upon and mistreated him, or who kindly took the responsibility-all off of him. He said, "I do not know " ; . and that he had authorized nobody-he has just drifted and drifted and drifted on the edge of the sea of politics ; he does not know the way out to the open sea. He said so ; he knows nothing except New York; and yet it is alleged they knew how to grab up this $60,000,000 presidential campaign fund in New York, so this newspaper charges, which I shall later discuss here.

Let the committee go back to New York, call every contractor they can find, and ask him how much he has contributed to Governor Smith's campaign fund. This should be done at once. Let the Senator from Indiana [Mr. WATSON] tell what he knows about Hoover's large expenditures in Indiana. Let some of the friends of the late Senator Willis, the great Senator from Ohio, who died not long ago, tell of the large Hoover ex­penditures there. They made a terrific campaign against him and spent tremendous sums of money. Senator Willis talked about it frequently with some of the Senators here. Let them ask his friends to tell them whom to call here.

Senators, we owe it to our country to interrogate every Republican and Democrat who is engaged in this sort of cor­rupt and infamous business. Both parties ought to join sin­cerely in the effort to crush out the candidates who are trying to put the· Presidency upon the auction block for sale and traffic to the highest bidder. It ought to be stopped; it has got to be stopped ; a,nd we are going to stop it.

8382 CONGRESSIONAL RECORD-SENATE MAY 11 Mr. SIMMONS. Mr. President--Tbe PRESIDING OFFICER (Mr. SHEPPARD in the chair).

Does the Senator from Alabama yield to the S-enator from North Cru:olina?

Mr. HEFLIN. I do, very gladly. Mr. SIMMONS. I should like to ask the Senator from

Alabama if, after the disclosure~ in the Smith and Vare in­vestigations, any friend of a candidate who desired to use large sums of money would be likely to send that money to the candidate or even to the candidate's manager? Would he not, in other words, be disposed to put that money into somebody's hands who was not connected with the organiza-

. tion, and so arrange it that the candidate would know nothing about the expenditures?

Mr. HEFLIN. Certainly; and that is what I think has hap­pened. The Newberry case disclosed that checks had been given, money had been delivered and receipts taken, and vouch­ers were shown. Candidates have learned from that to cover up their tracks, and not to give any checks, not to take any receipts and to have no record which will show the facts­except their own private records locked up in a safe.

Somebody admitted yesterday for Governor Smith that $41,500 was sent to the one State of California. Suppose they are sending $40,000 or $50,000 to each State. That would be a very large sum. But the governor, so he says, does not know anything about it. Strange indeed !

So, Mr. President, I call on my party, in the name of mil­lions of cle·an and . incorruptible Democrats, not to permit this man's nomination. I wish to as ert again-and then I am going to yield the floor-that Governor Smith is not going to be nominated by the Democrats. The true and tried Jeffersonian democracy will hold the line against him. Indiana has gone for Woollen. We will see how strong the people of that State are for their home candidate. They are seeking to make him appear as a stalking horse for Smith­Governor Donahey will hold Ohio ; REED has 100 and more delegates; Smith clai!I).s delegates that belong to REED. Keep your eye on Judge HULL of Tennessee; the solid South will be there standing like the rock of Gibraltar ; and Governor Smith is not going to get enough votes to nominate him. I also think that the defeat of Hoover in Indiana by W A.TSON has " fixed his clock." I think the Republicans are going to hold him, as some of them would like to do, and relieve the country of having to pick between these two. It is to be hoped that that ~ill be done.

PATENT MO ·oPOLIES Mr. DILL. Mr. President, a few weeks ago I introduced a

bill, .being Senate bill 2783, for the purpose of providing that the owners of patents who use them to form corporations and monopolies in violation of the Shennan law or the Clayton Antitrust Act, should forfeit their · patent rights. Hearings were held on that bill before the Committee on Patents, and it was argued that the provisions· of the bill were too stringent; that the punishment was too drastic because of the indefinite provisions of the law, and the fact that the courts have not always made clear exactly what constitutes a violation of the law. For that reason I have introduced a substitute for that bill, which I ask may be printed in the RECORD at this point in my remarks, without being read.

·The PRESIDING OFFICER. Without objection, it is so ·ordered.

The proposed substitute is as follows: Amendment intended to be proposed by Mr. DILL as a substitute for

S. 2783, to provide for the forfeiture of patent rights in case of con­viction under laws prohibiting monopoly, viz: Strike out a.ll after the enacting clause and insert the following : - "'i'hat it shall be a complete defense in any suit for infringement of a

patent to prove that the complainant in such suit is a party to any combination (in the form of trust or otherwise), agreement, under· etanding, license, or cross license, with any other patentee or other person owning or controlling patent rights, the effect of which is sub· stantially to lessen competition or to tend to operate a monopoly in any line of commerce.

"SEC. 2. It shall be a complete defense in any action for infringement of a patent to prove that the complainant in such infringement suit is violating any law of the United States relating to unlawful restraints and monopolies or relating to combinations, contracts, agreements, or understandings in restraint of trade, or is engaged in any practice declared to be unlawful by the Clayton Act or the Federal Trade Com­mission act."

Mr. DILL. Mr. President, the substitute which I have offered provides that in any infringement suit brought. by. the owner or holder of a patent it shall be a complete defense to show that that patent is being used in combination with other patents in _violation of the . Sherma~ Act or the Clayton anti-

trust law. I believe that the greatest monopolies in America to-day are built around the illegal use of patents, and I believe that some legislation is necessary in order to protect the public against such illegal use.

The Constitution gives Congress the right to grant patents for the purpose of encouraging the arts and sciences, but not for the purpose of enabling a few holders of patents to estab­lish monopolies, to pick the pockets of the people in a manner that would not be possible did they not hold such patents. The bill which I offer as a substitute does not destroy the patent rights so long as the patents are used legally, and any­one who is using patents illegally can regain the right to sue for infringements by ceasing to violate the law .

The most striking illustration of the kind of violation which I have mentioned is found in the radio combination that has grown up in this country, generally known as the Radio Trust. This giant monopoly represents a pool of patents of the Ameri­can Telephone & Telegraph Co., the General Electric Co., the Westinghouse Electric & Manufacturing Co., the United Fruit Corporation, and the Radio Corporation of America. This com­bination has undertaken to monopolize radio communication radio broadcasting, and radio manufacturing, and does this ali under the pretense of protection by patents. It has done more than that. It has attempted to apportion this monopoly among the constituent members by a series of cross-licensing agree­ment which violate both the Clayton Act and the Sherman antitrust law. These agreements should be read by everyone who wants to know of these violations, and I therefore ask unanimous consent that they may be printed in the RECORD at this point.

The PRESIDING OFFICER. Without objection, it is so ordered.

The agreements referred to are as follows : LICENSE AGREEl\lEN~ENEBAL ELECTRIC Co. AND RADIO CORPORATION

OF AlllERICA

.Agreement made this 20th day of November, 1919, between General Electric Co., a New York corporation, hereinafter called the General Co., and Radio Corporation of America, a Delaware corporation, here· after referred to as the Radio Corporation

RECITALS

A. The General Co. has developed various inventions relating to, or applicable to, radio work and other communication work.

B. The General Co. is under obligation to certain foreign companies to give them for their territory, respectively, exclusive rights to its various ·inventions and discoveries and to the business of selling General Electric products. Some of these companies are substantially controlled by the International General Electric Co., a New York cor­poration, hereinafter referred to as the International Co.

C. The Radio Corporation proposes to establish, maintain, and oper­ate radio stations, and cable and wire lines and stations, and to deal in, lease, and maintain radio devices, and desires to utilize in sucfl work the various inventions now controlled by the General Co., and which may hereafter be controlled by it.

Article I. Definitions

1. Radio purposes is defined as the transmission or reception of communications, telegraphic, telephonic, or other, by what are known as electromagnetic waves, but not by wire.

2. Radio devices are defined as comprising : · (a) Devices useful only in radio purposes. (b) Devices especially adapted to radio purposes, but capable o!

other uses, such, for example, as the Alexanderson alternator with accessories or the pliotron, except where the same are sold licensed only for uses other than radio uses, in which case the same are not to be regarded as radio devices hereunder.

3. The expression " devices " shall include apparatus, devices, sys­tems, connectioDB, and methods.

.Article II. LicetUJes

1. Reserving to itself and its controlled companies, present and fu­ture, respectively, personal licenses, transferable only to the successors to their business or part thereof, and divisible only as their business is divided, to use for their own communication or other purposes for convenience or to save expense, but not for profit, the General Co. hereby grants to the Radio Corporation an exclusive, divisible Hcense to use and sell as well as a nonexclusive indivisible Hcense to make only when, and to the extent tl!at the General Co. is not in a position to supply the desired device with reasonable business promptness (the right to use and sell being limited to the use and sale of apparatus purchased from the General Co. or with its written consent, so far as the General Co. is from time to time in condition to supply the same with reasonable business promptness) for r~dio purposes under all patents, applications for patents, inventions and rights, or licenses under or in connection with patents which the General Co. now owns or controls, or which it may acquire during the term her eof, except tbose acquired by purcbas~ ~d .referred !o b~low.

1928 CONGRESSIONAL ·RECORD-SENATE· ·.8383 2. The ~neral Co. also grants to the ·Radio Corporation a nonex­

clusive nontransferable license to use, but not to make or sell (with the Rftme limitations) for wire communication purposes under all pat­ents~ applications, inventions, rights, and licenses which it now owns or controls or which it may acquire during the term hereof by inventions of its employees.

3. For the purposes hereof the inventions, patents, and rights of the General Co. are taken as including those of the International Co. as well as following corporations, namely:

Australian General Electric Co. China General Edison Co. (Inc.). Compania General Electric do Brazil. South Aftican General Electric Co. (Ltd.). Cia. General Electric Sudamericana (Inc.). Mexican General Electric Co. 4. The Radio Corporation grants to the General Co. the exclusive,

divisible right to make and to sell radio devices to the Radio Corpora­tion only as well as the exclusive, divisible right to make, use, and sell devices other than radio devices, under all its patents and appli­cations for patents, inventions, and rights, or licenses under or in con­nection with patents which the Radio Corporation now owns or controls, or which it may acquire during the term hereof, except as far as is provided below in the case of certain such acquired by purchase. The Radio Corporation grants the General Co. and its controlled companies, present and future, nonexclusi-ve licenses transferable only to successors to their business or parts thereof, divisible only as their business is divided, to use for their own communication or other purposes for con­venience or to save expense, but not for profit under all the patents which the Radio Corporation now owns or controls or which it may acquire during the term hereof from the General Co. or by inventions of its own employees or through contracts which it now has.

5. The said licenses are all to run for the terms for which the patents are or may be granted, reissued, or extended, and are subject to royalty only in so far as such royalties are payable to others by virtue of the contracts by which the party granting the licenses acquired or shall acquire the right to grant the same, and only at a rate not greater than that paid by such party.

6. Where in any case a party does not own or control a patent but has lawful power to grant rights or licenses thereunder to the other for part or all o! its field of territory it shall do so subject to the condtions hereof.

7. In case the General Co. shall acquire by purchase from others patents, patent applications, or rights or licenses under or in connection with patents, useful for or applicable to radio purposes or wire com­munication, and in case the Radio Corporation similarly acquires such patents, patent applications, or rights or licenses, the party making the acquisition will oft'er to the other to bring the same within the scope of this contract on payment of a fair proportion of the price actually paid or to be paid therefor. This shall not apply in the case of any patent, patent application, right, or license secured by the Radio Corporation from or through the Marconi Wireless Telegraph Co. o! America, Marconi 's Wireless Telegraph Co. (Ltd.), Compagnie Generale de Telegrapbie sans Fils, or others with whom the Radio Corporation may have relations similar to its actual or proposed relations with any of said companies; all such are to be treated as though they were not acquired by purchase.

8. The General Co. bas sold its inventions !or certain countries to -companies other than those mentioned in section 3 of this article. All covenants of the General Co. with respect to such countries. are subject to the present rights of the companies holding such inventions. As such rights revert to the General Co. they shall pass under the operation of this contract without further consideration.

9. Each company agrees to continue the present practice of the Gen­eral Co. of requiring those employees considered likely to make inven­tions along this line of work to assign inventions to it; it being under­stood that each company shall use its best eft'orts to carry out this pro­vision, but i! due care and diligence are exercised neither company shall be liable to damages for failure to carry it out.

10. As soon as is reasonably possible after the filing by or on behalf o! a party hereto <>f a United States patent application, rights to or under which should pass to the other party, the party filing the appli­cation shall transmit a copy thereof to the other party with a state­.ment of its filing date and shall notify the other party of the counries foreign to the United States in which it bas decided to file and will file applications to cover the invention of such application. The other party may then suggest that applications should be filed in additional foreign countries in which the first party has the right to file.. If and so far as the first party does not within 30 days after such sugges­tion agree to file in such other foreign countries the other party may file proper applications for protecting such invention in such other foreign countries, and take patents tbeL·eon in its own name at its own expense. Before either party intentionally drops an application or pat­ent of any country, rights to or under which should pass to the other hereunder, it shall notify the other party, in which case such othe~ party may continue the prosecution of the application or continue the life of the patent in question at its own expense, being entitled in such case to an assignment thereof.

11. In case a right, application, or patent is transferred by one party to the other in accordance with the provisions of section 10 of this article, the party with which such right, application, or patent origi­nated shall be entitled to its full rights thereunder as though such patent had originated with and bad been taken <>ut by the other party subject to any royalty or other payment required to be made to an outsider in accordance with this agreement.

12. The admission of validity implied in the acceptance of licenses and assignments hereunder is limited to the field and terms for which such licenses exist.

13. The General Co. empowers the Radio Corporation to release the United States Government from any and all claims arising from past infringement by the Government of any radio patents which the Gen­eral Co. now owns or under which it bas power to grant such release, provided that this can be done in a contract otherwise satisfactory to the General Co.

A.rticl,e III. Restrictions o-n sales of apparatus 1. The General Co. agrees that it will not sell or dispose of any radio

devices whatever covered by patents, rights under which are granted or agreed to be granted herein, for use in the United States except to fill orders now on hand, and except to the United States Government in cases where the Government insists on purchasing directly from the General Co. (in which case the profits from such sales over the price of such devices to the Radio Corporation hereunder shall be paid to the Radio Corporation). The General Co. further agrees that it will not sell or dispose of for use outside the United States any radio devices whatever covered by patents, rights under which are granted or agreed to be granted herein, except a.s it may be required to do so by existing contracts with others than the companies specifically named in section 3 of article 2 hereof, and except for its own use or for the use of the Radio Corporation. This reservation is not intended to enlarge the scope of the licenses granted in article 2 hereof.

Article IV. Sale of apparatus 1. The Ra.dio Corporation agrees to purchase from the General Co.

a.ll radio devices covered by patents, rights under which are granted or agreed to be granted herein, which the General Co. is from time to time in a position to supply with reasonable business promptness for use in, or which are used in, the business and operation of the Radio Corpora­tion and its licenses and customers.

2. The General Co. agrees to produce or cause to be produced such patented devices of good quality, workmanship, and material with rea­sonable business promptness on the written order of the Radio Corpo-ration. ·

3. The basis for determining the price charged by the General Co. to the Radio Corporation shall be cost plus 20 per cent, except that for all articles complete in themselves wbjch are purcha.sed by the General Co. from outside manufacturers and which form a necessary part of the complete device f1Upplied by the General Co., the price charged by the General Co. to the Radio Corporation shall be cost plus 10 per cent for handling charges.

4. The basis for determining cost shall be in accordance with th~

" Standard accounting and cost system for the electrical manufacturing industry," as approved by the Federal Trade Commission January 27, 1917. .

5. Terms of payment shall conform to the standard term's of the General Co. current at the time of placing the order.

6. If the Radio Corporation in any particular instance wishes the General Co. to make a definite and firm price for such radio devices, and the General Co. consents to make such firm price, such firm price upon acceptance by the Radio Corporation shall be substituted in such instance or instances for the cost plus 20 per cent arrangement above mentioned.

7. All prices mentioned above shall be f. o. b. factory. 8. Standard material not specially designed for radio purposes is to

be sold to the Radio Corporation at standard prices and on standard terms of payment, but at the l-owest price at which such standard material is sold in like quantities to any other customer of the General Co. for use in the United States of America; and if at any tim'e mate­rial, apparatus, or supplies especially designed for radio purposes shall be sold by the General Co. to its other customers for other uses than radio purposes in an amount greater than that taken by the Radio Corporation, the price at which such material, apparatus, or supplies shall be sold to the Radio Corporation shall be the lowest pri._ce at which such material, apparatus, or supplies are sold in like quantities to any other customer of the General Co. for use in the United States of America. In determining such lowest price under this section 8 no account shall be taken of sales:

(1) To those corporations in which the General Co. may own a sub­stantial amount of stock.

(2) Where the General Co. sells material on a schedule, such material is to be billed to the Radio Corporation according to such schedule.

(3) Where the General Co. has a lawful contract not to sen · ma­terial below a certain price, such material is not to be billed to the Radio Corporation for a less price.

(4) To ·the United States Government or any of its departments.

8384 CONGRESSIONAL RECORD-SENATE MAY 11 9. It is agreed that tlie Radio Corporation shall not resell patented

articles except as a part of the radio -system. 10. The Radio Corporation agrees not to lease, sell, or dispose of

deviees bought of the General Co. where the General Co. or one of the companies mentioned in section 3 of article 2 hereof would not be free to sell such devices. It being understood that the rights of the Radi~ Corporation are only for radio purposes as above defined, the Radio Corporation agrees to use care not to enter with any patented device, process, or system into the field of the General Co. or to encourage or aid others to do so, and specifically that in selling radio devices it will use such precautions, by contract of sale, restricted-license notices, etc., : .J may be necessary or advisable to prevent its customers from acquir­ing (by purchase from it of devices or otherwise) licenses to use the same for purposes of which the Radio Corporation has no right to grant such licenses. The General Co. agrees to observe simllar precautions in selling apparatus and devices especially adapted to radio work but capable of other uses.

11. The General Co. agrees to sell the Radio Corporation such pat­ented communication devices as it may be in poslti~n to supply, other than radio devices, on the same terms, but onJY: for the use of the nadio Corporation, and not for resale or lease or other disposal and not exclusively.

Article V. Ale:r:anderson alternator 1. The Radio Corporation agrees to purchase from the General Co.

and the General Co. agrees to sell and deliver f. o. b. factory to it, as fast as they can reasonably be constructed, and prior to January 1, 1922, 12 Alexauderson alternators, complete with accessories, in accord­ance with specifications attached hereto and marked "Exhibit B," at the special price of $127,000 apiece. Spare alternators or other incom­plete spare equipments m'ay be substituted at prices to be agreed upon, provided that the total purchases hereunder aggregate in price the price of the 12 Alex:anderson alternators with their accessories. In consideration for such agreement on the part of the General Co., the Radio Corporation agrees to issue and deliver to the General Co. 304,800 shares of its preferred stock, but subject to the provisions of article 6 hereof.

Article VI. Bale of mate-rials 1. The Radio Corporation proposes to purchase from the Marconi

Wireless Telegraph Co. of America, hereinafter referred to as the Mar­coni Co., all of its property used or useful in connection with its manufacturing business, except the factory at Aldene, N . .T. In case this purchase is made, the Radio Corporation agrees forthwith to sell and does sell the property so purchased to the General Co., such sale to take effect immediately on the purchase of the same by the Radio Corporation, including all fu·awings, blue prints, and material for manu­facture and unfinished parts on band or on order as of the date of the R~dio Corporation's acquisition of the same, and any factory plants, tools, machinery, and dies which it may acquire from the Marconi Co., but not including the publishing plant of the Wireless Press (Inc.) nor the bullding and real estate at Seattle, Wash., which latter will no longer be used for factory pm·poses. The accounts receivable are to be collected and the accounts payable are to be paid by the Radio Cor­poration.

2. The General Co. agrees to pay for the property thus transferred by paying for the unfinished parts, work in progress, and material on hand to be manufactured at actual cost of the sam'e plus 20 per cent, which amount is to be ascertained by two appraisers, one appointed by the General Co. and one appointed by Mr. Edward J. Nally. In case they disagree, the matter shall be referred to Mr. S. Roger Mitchell, or other public accountant satisfactory to both parties, whose decision shall be final.

3. In case the Radio Corporation shall acquire, prior to January 1, 1922, the factory plants, lands, etc., of the Marconi Co. at Aldene, N . .T., as set forth in Exhibit C hereto attached, it agrees forthwith to sell the same to the General Co., and the General Co. agrees to buy the same for $500,000.

4. The payments by the General Co. to the Radio Corporation under this article and deliveries of preferred stock to the General Co. in pay­ment for Alexanderson alternators and their accessories in accordance with article 5 hereof are to proceed as follows : At the time of taking over the unfinished parts, work in progress, and material on hand, a .special account is to be set up between the General Co. and the Radio Corporation, in which account is to be charged against the General Co. the value of such unfinished parts, work in progress, and material on hand, ascertained as above; if and when, prior to January 1, 1922, the Radio Corporation acquires the Aldene factory and h·ansfers it to the General Co., its price, $500,000, is to be charged in the same ac­count against the General Co. As and when the Alexanderson alter­nators and their accessories sold at the special price referred to above are shipped to the Radio Corporation, the price thereof is to be credited to the General Co. on such account until such credits aggregate $1,524,000. At any time when such account shows a balance in favor of the General Co. the General Co. may demand and shall then receive preferred stock of the Radio Corporation at par to any amount de­manded, not exceeding such credit balance, the par value of such stock to be charged to it in such special account; and if at any time the

balance of said account is in favor of the Radio Corporation, the Gen­eral Co. shall liquidate such balance by surrender to the Radio Cor­poration of preferred stock of the Radio Corporation of a par value equal to the amount of such balance. Such special account shall be entirely independent of all other accounts between the parties.

5. The Radio Corporation agrees to place forthwith with the General Co. orders which will exhaust and consume said unfinished parts, work in progress, and material ; unfinished parts, work in progres , and ma­terial not covered by such orders may be regarded by the appraisers as scrap in case the General Co. shall find itself unable profitably to utilize the same.

6. The General Co. agrees to fill the orders so to be placed on it and to bill the same to the Radio Corporation; in making up price of the articles so billed in accordance with article 4 hereof the price of the unfinished parts, work in progress, and material taken over and inven­tories shall be taken as the price actually paid for the same by the General Co. as above set forth, the additional work and material being charged on the basis of article 4 hereof.

Article VII. E:r:pert advice and technical information 1. The General Co. agr·ees that it will from time to time permit the

Radio Corporation to have and will assist it in obtaining full informa­tion concerning inventions, patents, and the patent situation of the General Co. in the radio field. The Radio Corporation · engages recip­rocally to do the same for the General Co.

2. The General Co. agrees upon request to furnish the Radio Cor­poration suitable plans for buildings, layout of machinery, antennre, etc., for use by the Radio Corporation hereunder, and if desired a man or men to supervise the construction and erection of such build­ings, and the erection and installation of such machinery, etc., and also such other engineers and experienced men as the General Co. can reasonably spare and the Radio Corporation may reasonably require in the organization, management, and development of the busine s of the Radio Corporation, and to give the Radio Corporation and those whom the Radio Corporation may designate from time to time all in­formation in regard to teclmical and engineering but not manufactur­ing matters which it may possess from time to time and which the Radio Corporation may reasonably require for the conduct of its radio business hereunder, and further agrees to as ist the Radio Corporation in every reasonable way to the end that the Radio Corporation shall have, whenever needed, in its operations hereunder, the benefits of the widespread experience of the General Co. The Radio Corporation agrees to pay in each case the reasonable cost of furnishing such information and service, but not any part of the cost of acquiring the information except as the same may pr~perly be charged as part of the develop. ment cost of apparatus which the General Co. sells to the Radio Corporation.

3. Each party agrees to give the other at cost of supplying the ame information and advice in connection with patent matters in its field.

4. The Radio Corporation agrees to give full information to the Gen­el·al Co. ·on the same terms, and further agrees to afford the engineer­ing representatives of the General Co. the fullest possible facilities, con­i tent with the reasonable operation of the Radio Corporation, f~r

experimenting and for developing and testing new apparatus, devices, and inventions.

Article VIII. Term and termination 1. This agreement shall continue until January 1, 1945, at which

date it shall expire. As soon as is reasonably practicable after that licenses shall be granted as provided above under all patents to issue on patent applications which are then or may hereafter be filed in any country on inventions made or conceived by employees of either com­pany up to the date of termination.

2. The Radio Corporation shall after Janua1·y 1, 1945, be licensed under all patents referred to in this agreement so far as the General Co. now ha or may hereafter· acquire the right to grant such license to the extent neces~ary to enable it to manufacture for its own usc hereunder, but not for lease, resale, or other disposal, radio devices which it is unable to purchase of the General Co. in accordance with the terms of article 4 hereof.

A1·ticle IX. Ftlrtluw assurances 1. The parties agree to execute such further instruments as may

reasonably be nece sary for carrying out the purposes hereof.

Article X. Controlled cornpa11 ies

1. This agreement shall be binding upon and inure to the benefit of the parties hereto and their su cessors and their controlled companies, present and future.- The British Thomson-Houston Co. (Ltd.) and the· Tokyo Electric Co. (Ltd.) shall not for the purposes hereof be regardell as controlled companies of the General Co. . .

Article XI 1. Inasmuch as the General Co. is not willing to turn over its pat­

ents, patent rights, and licenses for any definite sum of money, but is willing to transfer ucb patents, patent rights, and licenses only for a. considerable interest in the profits to be derived from the use by the Radio Corporation of such patents, patent rights, and licenses, it is

1928 CON GRESS! ON AL RECORD-SEN ATE 8385 therefore tmderstood and ngreed that in the event of the taking over of the Radio Corporation by any superior authority all right, title, and interest of the Radio Corporation in any patent, patent right, or license herein granted or agreed to be granted by the General Co. to the Radio Corporation shall cease and shall be reassigned and shall revert to the General Co. as of the date of such taking over except to the extent provided below. If instead of taking over the Radio Cor­poration the Government takes over its radio stations in any field and/ol' territory, except in and for time of war or public danger, the same result sball follow so far as concerns that field and/or territory. But this action shall in no way affect the rights of Marconi's Wireless Telegraph Co. (Ltd.), or of Shielton (Ltd.) as set forth in the " Radio Corporation and British M'arconi Co. principal agreement" ; such rights shall be reserved from any such reassignment by the Radio Corporation for the benefit of Marconi's Wireless Telegraph Co. (Ltd.).

In testimony whereof the parties hereto have caused these presents to be executed and their corporate seals to be hereunto affixed by their proper officers thereunto duly authorized at New York City the day and yea1· first above written.

Attest:

Attest:

GENERAL ELECTRIC Co., By E. W. RICE, Jr., President.

J. W. ELWOOD, Assistant Secretary. RADIO CORPORATION OF AMERICA,

By FREDERICK C. BATES, President.

CIIARLES H. WHEELER, Searetary.

LICENSE AGREirrMENT-GENERAL ELECTRIC Co. AND AMERICAN TELEPHONE

& TELEGRAPH Co.

Agreement made this 1st day of July, 1920, between the General Electric Co., a New York corporation (herein called the General Co.), and the American Telephone & Telegraph Co., a New York corporation, herein called the Telephone Co. Whereas the Gene1·a1 Co. is engaged in the manufacture and sale in

the United States of apparatus and systems for the generation, dis­tribution, and utilization of electricity for light, heat, power, traction, and associated purposes, and in the manufacture and sale of a general line of electrical and power apparatus, machines, and appliances, and, directly and through affiliated companies, is engaged in the purchase of apparatus and devices of various kinds from others and in the sale thereof ; and is also engaged in the manufacture and sale of wireless apparatus and appliances; and

Whereas the telephone company and its associated companies are engaged in the operation of telephone and telegraph systems; and

Whereas each party is in possession of information, patents and in­ventions applicable to, and has research organizations engaged in investigations beal'ing upon, not only its own business but also the business of the other party ; and

Whereas various patents or applications for patents of the parties aPe involved in interference with each other in the United States Patent Office; and

Whereas the restrictions upon each party imposed by the patent rights of the other and the uncertainties arising out of interferences have tended to, and if permitted to continue will, hamper and delay progress in the development and production of wire and wireless tele­phone and telegraph apparatus and systems; and

Whereas the effective and prompt development of the arts in question can be secured only by the free and frank cooperation and exchange of information between the parties, which can not well take place if improvements and knowledge resulting from one party's cooperation with the other party may without its consent be made available in its field to the use of others ;

Now, in consideration of the premises and the mutual agreements herein contained, it is agreed as follows:

Article I. Definitions For the purposes of this agreement the following terms are defined as

follows: "Wire telephony" Is the art of communicating or reproducing sound

waves (created, directly or indirectly, by the voice. or by musical instru· ments) by means of electricity, magnetism, or electromagnetic waves. variations or impulses conveyed or guided by wires, and includes all generating, measuring, switching, signaling, and other means or methods incidental to or involved in such communication.

" Wireless telephony " is to be taken as meaning the same as the above, except that the waves, variations, or impulses are radiated through ·pace.

"Wh·e telegraphy " Is the art of communicating messages by code signals (such as the Morse code, for example) by means of electricity, magnetism, or electromagnetic waves, variations or impulses conveyed or guided by wires, and includes all generating, measur~ng, switching, signaling, and other means or methods incidental to or involved in

such communication, but does not include such devices as annunciators, elevator signals, engine-room telegraphs, etc.

" Wireless telegraphy " is to be taken as meaning the same as " wi.-e telegraphy," except that the waves, variations, or impulses are radi­ated through space.

" Power purposes " are defined as including all prime movers and their accessories and all generation, use, measurement, control, and appli­cation of electricity for light, beat, and power, but does not include any communication purposes.

"Household devices" are electric or electrically operated devices designed primarily for domestic use, but do not include devices for com­munication purposes.

" Transoceanic ;", communication .shall be understood to include all communication between two continents, or between a continent and an island more than 100 miles from its shores; islands within 100 miles of the shores of a continent being considered parts thereof. North America, including the Panama Canal Zone and all of Central America north thereof, is to be considered as one continent, and South America and all of Central America south of the Panama Canal Zone as another. This definition does not include communication between ships, or between ships and shore.

"The United States Government" shall be understood to include not only the Federal Government but also the governments of the Philip­pines, Porto Rico, and other Federal possessions, present or future, but shall not include any municipal, county, or State government.

" Train dispatching" is telegraphic or telephonic conveyance of train orders or operating information between the office of a train dispatcher or similar official and way stations, or other points along the line of way, or railway vehicles (with or without incidental provision for operating at will in an emergency and not automatically, signals, brakes, stops, and switches) for controlling the movements of trains or other automotive vehicles.

" Railway signaling" is the operation of signals, switches, brakes, stops, etc., controlling the movements of trains or other automotive vehicles controlled by or in accordance with train or vehicle movements or track conditions, including block signaling, cab signals, and train stops. It does not include train dispatching as above defined.

Any question arising as to the meaning or application of the fore­going definitions shall be settled by arbitration, as hereinafter provided.

Article II. Tlle patents included. in this agreenlent The licenses provided for herein are granted and agreed to be granted

under all patents and rights to or under patents of the United States now or hereafter during the term of this agreement owned or con­trolled by the parties hereto, and under all such patents hereafter issued upon inventions now or hereafter during said term so owned or controlled, and to the extent to which the parties have Ol' may have the right to grant licenses, exeepting as otherwise specified in connection with the several grants hereinafter contained, and excepting such patents and inventions as may be excluded from the operation of this agreement in the following manner :

A list of all United States patents under which it now holds trans­fel·able rights shall be furnished by each party to the other within 60 days from the date of this agreement. Such lists shall separately identify those patents and shall also inc-lude those applications as to which rights, if granted hereunder, would be restricted in scope or would involve continuing obligations not implied by law. Copies of all contracts creating such restrictions or obligations shall, upon request, be furnished by each party to the other. Thereupon, and within six months after the receipt of the lists to be furnished as aforesaid, each party may, in writing, advise the other as to the patents and applica­tions described in such list, furnished by the other, which (or the patents to issue on which) it desires to exclude from this agreement; and no licenses are granted by this agreement under any patents so excluded. Each party shall thereafter·, at such periods as may be agreed upon, or whenever requested by the other party, furnish to such other party like lists of subsequent patents and applications, and upon request therefor like copies of contracts: and each pa1·ty may, within six months after the receipt of any such list, advise the other, in writing, as to the patents and applications described in such list which (or the patents to issue on which) it desires to exclude from this agreement, and no licenses are granted by this agreement under any patents so excluded.

Article III. Scope of licenses All of the licenses herein granted are, unless otherwise expressed in

connection with the several grants, licenses to use methods and proc­esses, and to make, use, lease, sell, or otherwise dispose of apparatus, machines, devices, appliances, and systems embodying the inventions of the several patents in the fields in which the licenses are granted.

But no rights are granted to either party to manufacture, or to have manufactured, under patents under which it receives licenses hereunder, apparatus of the character at the time manufactured by the other party, except in factories owned or operated by one or the other of the parties hereto, or by their controlled companies, without the written consent of the party granting such licenses.

8386 CONGRESSIONAL RECORD-SEN ATE MAY 11 Article IV. Reservations and e(J1ceptions to which the licen-ses are

subject

1. Each party Teserves a nonexclusive right, under its own patents, to manufacture for and sell to the United States Government wireless devices, apparatus, and systems and to grant to that Government non­exclusive licenses to make or have made for it any wireless devices, apparatus, and systems; but such devices, apparatus, and systems are licensed to be sold to the Government only for governmental and not for commercial uses or for toll, and not for resale, and the non­exclusive licenses which may be granted to the Government shall similarly be limited.

2. Each party reserves, under its own patents, rights in the fields and for the uses with reference to which it receives licenses under patents of the other party.

3. No licenseil are granted by either party with reference to the manu­facture and sale of wire or cable for the transmission of electric power or telephone or telegraph currents.

4. No licenses are granted to the Telephone Co. for electric lamps or other lighting devices (except nonexclusive licenses with reference to telephone and telegraph switchboard signal lamps and ballast lamps), nor for the working of tungsten. · But the Telephone Co. is licensed to use, in the fields for which it receives licenses hereunder, tungsten pur­chased from the General Co., or from others having the right to make and sell tungsten, and to make, use, sell, or lease (for such fields only), devices. embodying such tungsten. The General Co. agrees to sell and deliver such tungsten for such purposes, in wire or other practical form to be specified by the purchaser from time to time, on the terms specified in Article X hereof.

The Telephone Co. agrees that on all sales of telephone and telegraph switchboard lamps or ballast lamps hereunder, to others than the associated companies of the Bell system, it will pay to the General Co. a royalty of 2 per cent on the net sales price thereof.

5. The licenses hereinafter granted to the Telephone Co., in so far as they cover rights to sell or lease " carrier current," wireless or vacuum tube devices for . use on electric railroads, are limited to the sales or leases of said devices to the railroads ; all sales of such devices to be installed on electric cars or electric locomotives, as a part of the original construction and equipment thereof, shall be through the General Co. only.

Article V. Licenses granted Subject to the foregoing reservations, each party grants and agrees

to grant to the other the following licenses in the following fields of use:

1. Government uses: Each party grants to the other the nonexclu­sive licenses to which all exclusive licenses herein granted are subject, to make any and all wireless apparatus an<f systems for and to sell the same to the United States Government, but only for governmental and not for commercial or toll uses and not for resale.

2. Wireless telegraphy : (a) The General Co. grants to the Telephone Co. nonexclusive licenses in the field of wireless telegraphy for its own communication or for purposes of convenience or to save expense in connection with its commercial operation of wire telegraph and wire and wireless telephone systems, but not for profit or for transmission of messages for the public.

(b) Subject to the foregoing, the Telephone Co. grants to the General Co. exclusive licenses in the field of wireless telegraphy.

3. Wire telegraphy : (a) The Telephone Co. grants to the General Co. nonexclusive licenses to make for its own operation and to operate wire telegraph systems, other than transoceanic; but no licenses are granted with reference to operation on lines leased to others than parties hereto or their subsidiary companies to which rights hereunder may be extended _in accordance with subdivision (b) of section 3 of Article VI ; and no licenses are granted with reference to transoceanic wire telegraphy.

(b) Subject to the foregoing, the General Co. grants to the Telephone Co. exclusive licenses in the field of wire telegraphy on land, and over ocean cables not more than 100 miles in length, and between the main body of the United States and Cuba; but no licenses are granted with reference to other transoceanic wire telegraphy.

4. Wireless telephony: (a) The Telephone Co. grants to the General Co. nonexclusive licenses in the field of wireless telephony for its own communication or for purposes of convenience, or to save expense in connection with its commercial operation of wireless telegraph systems, but not for profit or for transmission of messages for the public.

(b) The Telephone Co. grants to the General Co. licenses (exclusive, except that the Telephone Co. reserves exclusive rights for the uses and to the extent specified in subdivision c of this section 4) in the field of transoceanic wireless telephony, such licenses being limited, so far as concerns service on this continent for the public or for others than the General Co., to rendering such service through only the Telephone Co.'s wire or wireless telephone systems, such limitation to exist so long as the Telephone Co. remains in a position to and does supply that service. The General Co. is, however, licensed to bring transoceanic wireless telephone messages by wire telephony to, and transmit them from, a central or transfer point at a distance from its wireless stations (one such point for each pair of transoceanic stations) and the Tele-

phone Co. agrees· that at such point it will establish communication with its system, but the Telephone Co. shall not be required to accept any such point more than 5 miles from the nearest telephone central exchange of the Bell system. All service for the public shall be through the Telephone Co.'s system, and shall be advertised as service of the Telephone Co. through stations of the General Co. when and so long as the General Co. ·maintains facilities for the transoceanic wireless telephone service.

Joint through rates and the division of rates shall be agreed upon, it being agreed in principle that the General Co. is entitled to its r eason­able tolls between the central or transfer point and the distant country (including the amount, if any, paid to the foreign company with which communication is bad), and that the Telephone Co. is entitled to its reasonable tolls between the central or transfer point and the destina­tion or sending point in the United States.

(c) The Geneml Co. grants to the Telephone Co. licenses (exclusive, except that the General Co. reserves exclusive rights for the uses and to the extent specified in foregoing subdivision b) in the field of trans­oceanic wireless telephony, such licenses being limited, so far as con­cerns service for the public or for others than the Telephone Co., to rendering such service through only the General Co.'s systems for transoceanic communication. But if and so long as the Genet·al Co. is not prepared to and does not remain in a position to and does not supply such service, the Telephone Co. may establish wireless stations for rendering such service, after giving the General Co. reasonable notice and opportunity to do so, and shall have the right to continue to render such service through all such stations established by it except in so far as the General Co. shall elect to cooperate in rendering such service, or any portion thereof, in which event the General Co. shall take over those stations, or such of them as it shan· elect, at the then cost of reproduction less depreciation. While the transoceanic service is being rendered through the General Co.'s stations, the adver­tising and the division of rates shall be as provided in foregoing subdi­vision b of this section 4.

(d) The Telephone Co. grants to the General Co.: (1) Exclusive licenses to make, use, lease, and sell wireless telephone apparatus and systems for communication by and between airplanes, airships, ships, and other automotive devices, except railways, vehicles. The General Co . . is granted nonexclusive licenses to establish transmitting and receiv­ing stations for communication with the foregoing, but is given no right to connect with any public-service telephone system. The Telephone Co. is licensed, but is under no obligation to establish or maintain means by which such wireless telephone communication may be had with and through the Telephone Co.'s telephone system, and the Tele­phone Co. is under no obligation to permit such communication. If, however, the Telephone Co. shall establish, maintain, or permit such wireless telephone communication through stations of third parties, other than the United States Government, it shall do the same with respect to the General Co.'s stations on at least as favorable terms including distribution of tolls, and engineering requii·cments. In cas~ at any time the General Co. bas established such a station as is referred to in this paragraph, and the Telephone Co. shall elect to cooperate or render such wireless service in any substantial part of the same terri­tory, it shall purch~e the said station of the General Co. at the then cost of reproduction less depreciation.

{2) Nonexclusive licenses to establish and maintain transmitting stations for transmitting or broadcasting news, music, and entertain­ment from a transmitting station to outlying points, and licenses to make, nse, sell, and lease wireless-telephone receiving apparatus for the reception of such news, music, and entertainment so broadcast. For the protection of the General Co. under the license which it receives in this paragraph, it is agreed that the Telephone Co. bas no license under this agreement to make, lease, or selT wireless-telephone receiving apparatus except as part of or for direct use in connection with trans­mitting apparatus made by it ; and for the protection of the Telephone Co. under the licenses hereinbelow granted to it, it is agreed that the General Co. has no license to equip v.ireless-telepbone receiving appa­ratus sold under this paragmph with transmitting apparatus, or to sell, lease, or otherwise dispose of transmitting apparatus for use in connection with receiving apparatus sold under this paragraph.

(3) Exclusive license to make, use, lease, and sell all wireless-tele· phone apparatus for amateur purposes.

(4) Exclusive licenses to make, use, lease, and sell all wireless-tele­phone apparatus (but not for public service) where the business use thereof is incidental (as, for example, for farmers), or where at least one of the stations is portable and is intended to be moved from place to place (as, for example, in lumbering operations), or where such wireless apparatus brings communication to new points not at the time served by the Telephone Co

(5) Reserving to itself an exclusive license to make, use, s~ll, and lease all wireless-telephone apparatus to electric light, electric power, and electric tr:action companies for connection with wire or wireless public­service telephone communication systems and receiving from the Gen­eral Co. a similar exclusive license of the same scope under the General Co.'s patents, the Telephone Co. grants to the General Co. exclusive licenses to make, use, sell, and lease all wireless-telephone apparatus

1928 CONGRESSIONAL RECORD-SEN ATE .8387; for electric light, electric power, .and electric traction companies, but only for the use of such companies and not for the use of the public, nor for toll, nor for the operation of a selective train-dispatching system, and not for connection with any public-service telephone system.

(e ) The General Co. grants to the Telephone Co., (1) subject only to subdivisions (a), (b), and (c) and paragraph (1) of subdivision (d) of this section, exclusive licenses in the fi eld of wireless telephony to make, use, lease, and sell .all wireless-telephone apparatus connected to or operated as a part of a public-service telephone communication system, whether wire or wireless.

(2) Subject to all of the foregoing, exclusive licenses in the field of wireless telephony to make, use, and sell for all business, public service, and commercial uses of such character as might be served by leased wires, .as, for example, brokers' offices, "business houses, manu­factudng plants, gas and water companies, mining companies, etc.

(t) It is further agreed that in the fields of the exclusive licenses granted by paragraphs (3), (4), and (5) of section (d) above and in paragraph (2) of section (e) above, and for any wireless-telephone uses not specified herein, each party will on application of the other party grant a license to the other party on reasonable terms for each specific installation for which such other party desires to manu· facture and dispose of such wireless-telephone apparatus; the license fee to be fixed with due regard to the benefits derived by the licensee and the disadvantages suffered by the licensor in the granting of such license.

5. Wire telephony : (a) The Telephone Co. grants to the General Co. licenses (exclusive, except that the Telephone Co. reserves non· exclusive rights) to make and sell (but not to lease) to electric light, electric power, and electric traction companies apparatus for so-called carrier-current telephone communication over wires, or partly over wires and partly across wireless gaps, but in each instance only for the use of such companies and not for the use of public, nor for toll, nor for operation of a selective train-dispatching system, Jtnd not for con­nection with any public-service telephone system.

(b) Subject to the foregoing, the General Co. grants to the Tele­phone Co. exclusive licenses in the field of wire telephony on land, and over cables not more than 100 miles in length, and between the main body of the United States and Cuba; licenses are granted by each party to the other with reference to other transoceanic wire telephony, such licenses being of the character and subject to the Hmitations and provisions expressed in foregoing subdivisions (b) and (c) of section 4 with reference to transoceanic wit·eless telephony.

6. Power purposes and household devices : The Telephone Co. grants to the General Co. exclusive licenses in the fields of power purposes, household devices, and distance actuation and control by wireless for other than communicable purposes. This grant is made with a reser­vation in so far as concerns patents for inventions relating to business of the general character which any controlled company of the Telephone Co. now conducts as jobber, and any extensions of that business along similar lines. · With reference to such p.atents (except those covering articles of the general character which such company now purchases from the General Co., or its affiliated companies, or sells as agent for the same), the Telephone Co. reserves under its own patents (but is granted no license under the patents of the General Co.) the nonexclu­sive right for such controlled companies to make apparatus and devices embodying the inventions of said patents, or have them made for them, and to sell them in the said jobbing business.

7. Railroad signaling, X-ray devices, radio goniometry: The Tele­phone Co. grants to the General Co. exclusive licenses in the fields of railroad signaling (other than train dispatching), X-ray devices and appliances associated therewith, and radio goniometry.

8. Train dispatching : Subject to the foregoing, the General Co grants to the Telephone Co. exclusive licenses in the field of traia dispatching.

V. Submarine signaling, scientific and therapeutic apparatus, shop expedients, and other applications: Each party grants · to the other non­exclusive licenses in the following fields :

Submarine signaling. Scientific apparatus for use of laboratories, colieges, and scientific

societies, as distinguished from commercial use. Wireless apparatus for use of professional investigators (as distin­

guished from amateurs) for experimental purpose only. Therapeutic apparatus other than X-ray devices and appliances. Sllop tools, appliances, and processes, but only for the production of

apparatus and devices embodying inventions which the grantee is licensed to make and use hereunder.

All applications not herein otherwise specified, of inventions pertain­ing or applicable to or to the use of vacuum tubes, and to generat­ing (directly or from other currents), modifying, amplifying, trans­mitting, or receiving electromagnetic waves, variations, or impulses for other than power purposes, including instruments and their records for producing music and other sounds for amusement or artistic pur­poses, with the right to transmit the sound by wire telephony through­out a building.

Article VI. Provisions with reference to foregoing licenses

1. Whenever licenses granted under the terms of this agreement are based upon rights requiring the payment of royalties or other deferred payments, measured by the use made of the invention, the party accept­ing such licenses shall make payments _measured by its use of the inven· tion at the same rate and upon the same t erms as those agreed to be made by the party originally acquiring the rights.

2. The foregoing licenses shall continue, respectively, for the terms of the several patents issued or to be issued under which they are granted .and agreed to be granted, and shall not be limited by the term of this agreement.

3. (a) The Telephone Co. may grant sublicenses under its standard form of license contract (a copy of which is now delivered to the Gen­eral Co.) to such operating companies as are now or may from time to time be operating under such form of contract. .!l'be provisions of this subdivision (a) shall apply to any changed form of license contract provided that, as changed, it grants rights in the fields of the General Co. no broader than those granted by the present form.

(b) Subject to the foregoing subdivision (a), each party hereto may assign or grant sublicenses under any of the rights granted hereunder, provided that in each instance the assent of the other party is first obtained.

(c) No disposition by either party of rights hereunder acquired by it shall relieve such party of any of its obligations under this agree­ment or restrict the rights of the parties hereto in operating under or modifying this agreement.

4. Each party agrees that, so far JlS it is enabled so to do, it will, in disposing of devices embodying inventions pertaining or applicable to vacuum tubes or to generating, modifying, amplifying, transmitting, or receiving electromagnetic waves, or other devices or material, the unrestdcted sale of which would deprive the other party of rights to which it is entitled hereunder, use such precautions by contracts, re­stricted licenses, or otherwise as may be necessary or advisable in order to prevent its customers or others from acquiring (by acquisi­tion of devices from it or otherwise) licenses to use the same which the party disposing thereof has no right to gt·ant.

5. The admission of validity implied in the acceptance of licenses hereunder is limited to tbe field for which such licenses exist.

6. One or the other of the parties hereto having already parted with rights under its inventions, present and future, in most of the foreign countries, it is agreed that the parties will cooperate with each other and with their foreign affiliated companies who may desire licenses under the inventions of the other party, to the end that exchanges of licenses may be effected in such countries. No licenses under foreign patents are now granted or are to be implied; but the licenses herein granted under United States patents include the right to manufac­ture and sell for uses abroad. Each party agrees not to export to any country in which the other party bas an affiliated company, apparatus purchased from such other party which such other party could not itself so export, in view of existing contract obligations, after notice of such obligations and without first securing a written waiver thereof.

7. Each party represents that in its best judgment it has no out· standing obligations which would prevent it from entering Into the agreements and from granting the licenses herein expressed. If, bow­ever, it is found that there are such conflicting obligations, the present agreement is made subject to the right to fulfill those obligations.

Art·i.cle VII. Interferences

The parties agree to use reasonable endeavors to settle, without litigation, interferences now pending or which may arise involving inventions within the scope of this agreement.

Articl-e VIII. Acquisition of patent t·ights

Neither party shall acquire from others rights to or under United States patents or inventions, or rights to use secret processes, ap­plicable to the fields of the other party, of such limited character that the other party does not, by the operation of this agreement, receive . licenses thereunder of the scope and within the respective fields herein set forth, unless the party proposing to acquire such rights shall first have given the other party an opportunity to be represented in the negotiations and thet·eby to acquire rights for its field.

Article IX. Cooperation and ea;ohange of information

1. Each party agrees that it will, from time to time during the term of this agreement, freely permit the other to have all information in its possession which it may have a right to disclose with reference to devices, apparatus, systems, or methods applicable to the uses of tlie other party as herein defined, it being agreed that any secret process so disclosed shall be maintained in secrecy by the party to whom it is disclosed. Blue pt·ints, etc., shall be furn ished at the cost of preparing the same. Each party shall at all reasonable times have access (through a reasonably limited number of accredited representatives who are regular employees under obligation to assign inventions to their em­ployer), to the laboratories, factot·ies, and wireless stations of the other, to the end that development work may be expeuited and ren­dered the more effective.

8388 . CONGRESSIONAL RECORD-__ SENATE ]\fAY 11 Each party shall, with reference to inventions owned or controlled

by it and under which the other party is entitled to rights hereunder, endeavor to obtain or permit and aid the other to obtain proper patents thereon.

2. Publicity with reference to transoceanic telephony shall be joint, and shall recognize that the parties hereto, or their associates, have contributed equally to such work.

Engineering representatives shall be assigned by each of the parties to cooperate in the carrying out of the further work necessary for the development of transoceanic wireless telephony. In case transoceanic telephone service is given from the plant of the Telephone Co. through the stations of the General Co., these englneering representa­t ives shall cooperate in the design of the apparatus and systems for this service, it being recognized that such systems and apparatus must be so designed as properly to fit in with the systems of the General and '£elephone Cos., respectively. -

Each party shall n.fford the engineering representatives of the other the fullest possible facilities consistent with the reasonable operation of the other for experimenting and for developing and testing apparatus and systems for use in tran oceanic telephony, and each shall at all times be given such an opportunity to make such tests, experiments, and observations in the transoceanic stations of the other as do not conflict with the service then being rendered by such stations, and each party shall afford to the other such facilities for test, experimenta­tion, and observation on ships as it may be able to extend.

3. In the operation of wireless and "carrier-current" communication, the parties shall cooperate to the end that interference with the opera­tions of either party, due to the operations of the other, shall be mini­mized, it being recognized that the available wave lengths are limited.

Article X. PurchMes a8 bettoeen parties It is recognized that each party has and will normally continue to

have facilities for manufacturing certain apparatus or parts thereof which may be required by the other party under its licenses hereunder, and that a duplication of such facilities may be wasteful and un­economical. Each party agrees that it will upon request manufacture for and sell and deliver to the othei', with reasonable business prompt­ness, on receipt of orders from time to time, and at favorable prices not to exceed those charged to others (except controlled companies) purchasing in like quantities for use in the United States, such appa­ratus and parts as the former is engaged in manufacturing from time to time and as the latter may desire for use under the licenses granted by this agreement.

Article XI. Litigation Each party shall have the exclusive right to bring suits for infringe­

ment in the fields in which its licenses are herein expressed as exclusive (and the General Co. may bring suits for infringement in the field of transoceanic wire and wireless telephony) joining in any such suit the patent owner or the party which has acquired from the patent owner the right to sue thereunder.

Neither party shall bring suit for infringement of patents against the other party, or against the distributors and jobbing houses owned by or affiliated with either party, because of sales by such party, or by its (or its controlled companies') distributors or jobbing houses, or devices made, in the United States of America, by others than the parties hereto, it being agreed that the remedy in case of any such infringe­ment shall be only by suit against the manufacturer of those devices.

At·ticle XII. Releases E ach party reserves to itself the right to deal with the United States

Government with reference to settlement for past use of its inventions in telephone and telegraph systems and apparatus. Subject to the fore­going, each party releases the other and the vendees and users of appa­ratus or systems made by it, from all claims growing out of past in­fringement of patents, by reason of the manufacture, use, and sale of such apparatus and sy tems by the other party, and its resale or use by such venuees and users.

At-ticle XIII. At·bitration. In case of any differences under this agreement (except in respect of

interferences or priority of rights to inventions or patents) shall arise which the parties are unable to adjust between themselves, either party may, by notice in writing served on the other, designate one arbitrator and call upon tlle other to designate a second arbitrator within 30 days after the receipt of such notice ; and the party receiving such notice agrees so to designate an arbitrator. The two arbitrators so designated shall promptly select a third arbitrator. The matter in dispute shall be submitted to the three arbitrators so selected, and the parties agree that the concurring decision of any two of the above-mentioned three arbih·ators shall be final and binding upon them. Each party shall pay its own expenses, including the fees of its arbitrator, and the fees and expenses of the third arbitrator shall be paid one-half by each party.

Article XIV. Termination of agreement (a) This agreement may, at any time, be terminated by mutual

consent of the parties, in which event all licenses granted herein up to the date of such termination shall become nonexclusive and shall c~M~.tinue to the ends of the terms of the patents.

(b) Unless previously terminated, as above provided, the duration of this agreement shall be 10 years from the date hereof, but shall auto­matically continue in force thereafter until canceled on three years' written notice given, after the expiration of said 10 years' period, by one party to the other party.

(c) Upon any t ermination of this agreement (except under the pro­visions of subdivision (a) of this article 14) all licenses, expressed herein as exclusive, shall remain exclusive during the life of the several patents.

Article XV. Fut-ther assurances The parties agree to execute and deliver such further instruments as

may reasonably be necessary for carrying out the provisions and pur­poses of this agreement.

Article XVI. Successors This agreement is binding upon and shall inure to the benefit of each

of the parties hereto and their several successors in business, except that either party may transfer or dispose of .any part or parts of its business, not involving the grant of any licenses under this agreement, and in such case this agreement shall not be binding upon or inure to the benefit of the successor to that part of the business so trans­ferred.

In witness whereof, the parties hereto have caused this instrument to be executed on the day and year first above written, by their proper officers thereunto duly authorized.

(SEAL.] GENERAL ELEC'.rmc Co.,

Attest:

(SEAL.]

Attest:

By E. W. RICE, Jr., P1·e8ident.

J. W. ELWOOD, Assistant Secretary. Al>1ERICAN TELEPHONE & TELEGRAPH Co.,

By II. B. THAYER~ President.

A. A. MARsTERS, Secretary. Reprinted April 7, 1922.

EXHIBIT H.-LICENSE AGREEMENT-RADIO CORPORATION OF AMERICA AN1>

UNITED FRUIT Co. Agreement made this 7th day of March, 1921, by and between Radio

Corporation of America, a corporation of the State o:t: Delaware (hereinafter called the Radio Corporation), and United Fruit Co., a corporation of the State of New J ersey (hereinafter called the Fruit Co.)

Witnesseth that-Whereas the Fruit Co., either itself or through its subsidiary com­

panies, one of which is the Tropical Radio Telegraph Co., now owns · and operates certain stations for the tran ·mission and receipt of wireless telegraphic communication, including among others a station at Santa • Marta, Colombia, a Rtation at Swan Island, stations in Cost.a Rica, Pan­ama, Nicaragua, and Honduras, a dismantled station in Cuba, and sta­tions at New Orleans and Burrwood, La., and at "Boston, Mass., certain of the apparatus and equipment for said stations at Santa Marta, Swan Island, and New Orleans having been furnished by Marconi Wireless Telegraph Co. of America, under a contract between aid Marconi Wire­less Telegraph Co. of America and the Fruit Co., dated May 7, 1912, as amended by a contract between the same parties dated F ebruary 11, 1915, which contracts were as igned by said Marconi Wireless Telegraph Co. of America to the Radio Corporation; and

Whereas the Radio Corporation, or certain companies in which the Radio Corporation is a stockholder, to wit: The Pan-American Wireless Telegraph & Telephone Co., a corporation of Delaware, and the South American Radio Corporation, a corporation of Delaware, are, or may be, engaged in the business of wireles communication in South America and the United States, and elsewhere; and

Whereas the Radio Corporation own , or may own, certain patents and patent rights in Colombia, Costa Rica, Panama, Nicaragua, Hon­duras, Guatemala, Cuba, and the United States, having to do with wire­less communication and apparatus or devices for use therein ; and

Whereas the Fruit Co. or its subsidiaries desires to improve and en­large said stations controlled and operated by them, and may desi re to build a station at or near Miami, Fla., and may de ire to build addi­tional stations in the territory comprising Costa Rica, Panama (except the Canal Zone), Nicaragua, Honduras (not including British Hondu­ras), Guatemala, and Swan Island, which territory is hereinafter re­ferred to as the "Fruit Co. territory," as well as in Colombia, Cuba, and tbe Panama Canal Zone, and may desire to purchase from the Radio Corporation wireless apparatus for use in aid stations and on ships, and <lesires to be licensed under said patent and patent rights;

Now, therefore, in consideration of $1 and other valuable considera­tions by each party to the other in hand paid, the receipt wher eof is hereby acknowledged, and in consideration of the premises and of the mutual covenants herein contained, it is agreed as follows :

1. The Radio Corporation hereby grants to the Fruit Co. a license to use the inventions covered by any and all patents of the United States, and of any and all countries included within s~d Fruit Co. territory, and of Colombia and Cuba, which it now owns or conh·ols, or may in future own or control, or under which it now bas or may in future have

1928 CONGRESSIONAL RECORD- SENATE .8389 the right to grant a license, having · to do with wireless communication, or with apparatus or devices for use in connection therewith, this license being, however, limited to include only uses of the patented inventions for the folloWing purposes, namely :

(a ) Wireless telegraphic communication from station to station within and between the Fruit Co. territory, Colombia, Cuba, and the Panama Canal Zone ;

(b) Wireless t elegraphic communication between stations in the Fruit Co. terri tory, Colomllia, Cuba, or the Panama Canal Zone, and said sta­tions in the United Sta t es at New Orleans and Burrwood, La., at Miami, Fla. , or vicinity, and Boston, Mass. ; provided, _however, that no license is gr anted for the transmission or receipt of commercial communica­tions between Cuba and said stations in the United States, the rights h ereby granted for communication between Cuba and said stations in the Uni tetl States being limited to communications having to do with the business of the Fruit Co., or its subsidiaries ; and provided further, that said s ta tion at Boston shall be used only for coastal communications or for receiving messages having to do with the business of the Fruit Co., or of its subsidiaries, and not commercial messages; and provided fur­ther , t hat messages destined to points in the Unit ed States may be transmi tted to destination from sa id stations in the United States only through the facilities of the Radio Corporation or by wire, and that messages from points in the United States may be transmitted to said stations in the United States only through the facilities of the Radio Corpora tion or by wire, . it being agreed that the Fruit Co. will not enter into any jQint traffic arrangements with any other company than the Radio Corporation for forwarding such messages between said stations in the United States and other points in the United States, without consent of the Radio Corporation ;

(c) Wireless telegraphic communication between said stations in the United States for messages having to do only with the business of the Fruit Co., or its .subsidiaries, and not for commercial business, said sta­tion at Boston being licensed, as before noted, only to receive and not to transmit such messages ;

(d) Shore to ship and ship to shore wireless telegraphic communica­tion between stations in the Fruit Co. territory, Colombia; Cuba, or Panama Canal Zone, and ships ;

(e) Shore to ship and ship to shore wireless telegraphic communica­tion between said stations at New Orleans, Miami or vicinity, Boston or Burrwood, a'nd ships ;

(f) Wireless telegraphic communication (but only for messages origi­nating in or destined to points in the Fruit Co. territory, Colombia, Cuba, or the Panama Canal Zone) between stations in the Fruit Co. territ ory, Colombia, Cuba, or the Panama Canal Zone, and stations of other parties located on islands adjoining the Caribbean Sea, or in any count ry in Central America (including Mexico), or South America, in which country or island service is not at the time being provided by stations of the Radio Corporation, the Pan-American Wireless Telegraph & T elephone Co., or the South American Radio Corporation or their subsidiaries or associated companies; no license, however, being hereby gra nted to such stations of other parties. Until further notice by the Radio Corporation the Fruit Co. may use said stations at New Orleans, Burrwood, and Miami, OL" vicinity, for the purpose of relaying the com­munications provided for in this clause;

(g) Wireless telegraphic communication between stations in the Fruit Co. t erritory, Colombia, Cuba, or the Panama Canal Zone, and any sta­tions outside said Fruit Co. territory, Colombia, Cuba, and the Panama Canal Zone, which may be now or hereafter operated by the Radio Cor­pomtion, the Pan-American Wireless Telegraph & Telephone Co., or the South American Radio Corporation, or their subsidiaries, under traffic arrangements to be agreed upon with said companies;

(h) Wireless telegraphic communication between any station which the Fruit Co. is above authorized to establish and (1) government sta­tions of the United States or any foreign country on government busi­nes · ; (2) stations of the Fruit Co. or its subsidiaries in parts of the world not covered by this license, such communications to be, however, only for messages having to do with the business of the Fruit Co. or its subsidiaries, and not commercial business, and no license being hereby granted to the Fruit Co. or its subsidiaries for such stations in other parts of the world: or (3) any other stations which the Radio Corpora­tion, the Pan-American Wireless Telegraph & Telephone Co., or the South American Radio Corporation may from time to time allow the Fruit Co. stations to communicate with;

(i) Wireless telephonic communication for the same purposes, in the same territory, and subject to the same limitations as the wireless tele­graphic communications above licensed; provided, however, that no license is granted for wireless telephonic communication in the United States or its possessions;

(j) Wireless telegraphic or t elephonic installations on shipS of United States registry belonging to the Fruit Co. or its subsidiaries ;

The license hereby granted is exclusive for all wireless communica­tion purposes within the Fruit Co. territory as above defined, except that the Radio Corporation reserves the right to build and operate sta­tions in the Fruit Co. territory. for relaying messages between points outside tha t t erritory; and that, further, if in the carrying out of its geneml program the Radio Corporation desires that any station of any

size or nature be built and operated in the Fruit Co. territory, and if the Fruit Co. does not build and operate such station within a reason­able time after request by the Radio Corporation, the Radio Corporation reserves the right itself to build and operate such station.

Except as aforesaid, the license herein granted to the Fruit Co. is nonexclusive.

2. The Fruit Co. grants to the lladio Corporation a license to make or have made, to use and sell, for wireless or wire communication, under any patents of any country, having to do with wireless or wire communication or with apparah1s or devices for use in connection there­with, which it may now or hereafter own or control or under which it may now or hereafter have the right to grant a license. This license is exclusive, except that the Fruit Co. reserves the right to license the Wireless Specialty Apparatus Co. to make, use, and sell under such patents, and reserves for itself and its subsidiaries rights thereunder corresponding in all respects to the Iights which it hereby acquires under the patents of the Radio Corporation, and also the right to manufacture and use under such patents in any part of the world for communications having to do with the business of the Fruit Co. and its subsidiaries, as well as the right to make and sell to the Govcm­ment of the United States of America for Government uses. The Fruit Co. agrees to obtain for the Radio Corporation a license under the patents of the Tropical Radio Telegraph Co. and of any subsidiary company to which it may extend any of the rights which it acquires hereunder, for all uses and purposes having to do with wireless or wire communication or with devices or apparatus for use in connection therewith, similar in scope to the license which the Fruit Co. hereby grants to the Radio Corporation and subject to similar r eservations.

3. The Fruit Co. agrees : (a) That it will not establish nor operate stations for wireless . com­

munication, outside of the Fruit Co. territory, Colombia, Cuba, and the Panama Canal Zone, except said statious at New Orleans, Boston, Burrwood, and Miami or vicinity;

(b) That it will not receive or transmit wireless communications except as provided in article 1 hereof, and that it will not engage in wireless communication, whether by the use of patented apparatus, de­vices, or methods, or of apparatus, devices, or methods not covered by patents, except in the territory and for the purposes and subject to the limitations set forth in article 1 : Pt·ovided, howevl}r, That nothing in this contract contained shall prevent the Fruit Co. or its subsidiaries from establishing or operating in any part of the world outside of the United States stations for wireless communications having to do only with the business of the Fruit Co. and its subsidiaries, and not for the transaction of commercial business, the Fruit Co. agreeing not to use any such stations outside the territory in which it is licensed to operate hereunder for commercial business.

(c) That in transmitting messages destined to pa1·ts of the world outside of the territory in which it is licensed to operate, it will, wherever practicable, use, for transmission of such messages outside of such territory, the facilities of the Radio Corporation, the Pan Ameri­can Wireless Telegraph & Telephone Co., or the South American Radio Corporation or their subsidiaries or associated companies: And prov-ided further, That the· Fruit Co. shall be free to accept messages for delivery to the territory in which it is licensed to operate as above set forth, whenever presented by third parties at its various stations or offices; but the Fruit Co. shall not make joint traffic arrangements with any other company than the Radio Corporation, the Pan American Wireless Telegraph & Telephone Co., or the South American Radio Corporation or their subsidiaries or associated companies regarding messages to or from territory in which said companies maintain a service that is prac­ticably available to the .stations of the Fruit Co. a.nd its subsidiaries : And provided ftwthet·, That the Fruit Co. shall not without the consent of the Radio Corporation handle messages between points in South America (outside of Colombia) and the United States of America (or routed through the United States of America) where the Radio Corpora­tion or its subsidiary or associated companies can offer such service through other routes.

(d) That it will use its influence and power of control, so far as it is lawful and proper, to prevent any of its subsidiary or affiliated compa­nies from doing what it is not itself free to do hereunder.

4. The Radio Corporation agrees-(a) That it will not establish or operate stations in the Fruit Co_

territory for wireless communication except for the purpose of relaying messages between points outside that territory, nor aid others in so doing, nor sell patented radio apparatus for use in such territory ex­cept through the Fruit Co. or with its consent : Provided, h.owever, That if, in carrying out .of its general program, the Radio Corporation desires that any station of any size or nature be built in the F1·uit Co. territory and operated in conjunction with the Radio Corporation sys­tem, and the Fruit Co. does not build that station within a reasonable time after a request by the Radio Corporation, the Radio Corporation may build and operate such station :

(b) That except in the case specified in the last preceding paragraph, it will dellver messages received by it, destined to points in the Fruit Co. territory, only to the Fruit Co. or its subsidiaries for transmission to destination.

8390 CONGRESSIONAL RECORD-SENATE I\fAy 11 (c) That it will use its influence and power of control so far as law­

ful and proper to prevent any of its subsidiary or affiliated companies (othcx than the South American Radio Corporation and the Pan Ameri­can Wireless Telegraph & Telephone Co., which are in contract relations \vith the Fruit Co.) from doing what it itself is not free to do here­under.

5. Each party agrees to receive from the other and to retransmit to destination all messages delivered to it by the other. party, destined for points in the territory served by it, in accordance with joint traffic arrangements to be agreed upon to provide for an equitable distl'ibu­tion (/f tolls. In the event that the parties shall be unable to agree upon such joint traffic arrangements the terms thereof shall be settled by a board of three arbitrators, one to be named by each of the parties and the third to be selected by said two arbitrators, and the parties agree to abide by the decision of a majority of such arbitrators. It is understood that neither party shall be responsible for the transmis­sion of messages by connecting carriers to whom it delivers such messages. 1

6. The Fruit Co. is now under contract obligation to relay messages between British Government stations in British Honduras and Jamaica, using Swan Island as their lay point. The Fruit Co. will cancel said contract as soon as it may legally do so, if and when the Radio Cor­poration so requests.

7. The Radio Corporation agrees that it or the South American Radio Corporation, one or both, will sell to the Fruit Co. and its subsidaries, so far as they have the right to do so, any and all apparatus or devices, of types which may be from time to time manufactured by or for, and used by, or leased or sold to other by the Radio Corporation, for wire­less telegraphic or telephonic communication, and which may be ordered by the Fruit Co. or its subsidiaries, but only for use in accordance with the terms of this agreement at prices equal to the manufacturing cost thereof to or price paid therefor by the Radio Corporation or South American Radio Corporation plus a profit of 20 per cent except in the case of apparatus for use either as new equipment or as repair or spare parts, at said stations at Santa Marta, Swan Island, and New Orleans, in which case the profit shall be 10 per cent. And the Radio Corpora­tion agrees that any such apparatus or devices which it may supply to the South American Radio Corporation for sale to the Fruit Co. and subsidiaries hereunder shall be sold by it at cost, so that the Fruit Co. sh.all not have to pay profit thereon to both companies. And the Fruit Co. and its subsidiaries shall baye the right, at their option, to lease from the Radio Corporation any such apparatus or devices for use in accord­ance with the terms of this agreement on the same terms offered to others by the Radio Corporation; and the Radio Corporation agrees to make delivery of all such apparatus or devices as may be ordered by the Fru~t Co. or its subsidaries for the said purposes, with reason­able promptness. The Fruit Co. agrees to procure apparatus and de­vices embodying, or for use in radio apparatus embodying, the inven­tions of patents under which it is licensed by the .Radio Corporation hereunder, or any of them, from the Radio Corporation only, so long as the Radio Corporation is ready and able to supply the same with reasonable promptness ; except that it shall have the right at its option to purchase wave meters, radio compasses, goniometers, and similar special devices and accessories, ship sets and receiving sets, as well as transmitting sets up to 5-kilowatt power input, and parts and acces­sories for the above (but not "valves"), from the Wireless Specialty Apparatus Co. The Radio Corporation will give to the Fruit Co. or its subsidiaries .,purchasing apparah1s from ~he Radio Cot-poration under this' contract a · patent guarantee 'with au sales of apparatus hereunder, 'but only with respect to United States patents, in the following form, to wit:

"The Radio Corporation agrees that it will at its own expense defend all suits or proceedings instituted agalnst the purchaser and pay any award of damages assessed against the purchaser in such suits or pro­ceedings, in so far as the same are based on any claim that the said apparatus or any part thereof constitutes an intringement of any patent of the United States, provided the purchaser gives to the company imme­diate notice in writing of the institution of the suit or proceedings and permits ' the company through its counsel to defend the same and gives the company aU needed information, assistance, and authority to enable the company so to do. In case such apparatus is in such suit held to constitute infringement and its use is enjoined, the company, if unable within a reasonable time to secure for the purchaser the right to con­tinue using said apparatus by suspension of the injunction, by pro­curing for the purchaser a license, or otherwise, will, at its own expense, either replace such apparatus with noninfringing apparatus or modify it so that it becomes noninfringing, or remove the said enjoined appa. ratus and refund the sum paid therefor."

8. The Fruit Co. agrees, for itself and its subsidiaries, that so far as it may sell or lease to others than its subsidiaries hereunder radio apparatus in or for use in the Fruif Co. territory as above defined, whether such apparatus be purchased from the Wireless Specialty Appa­ratus Co. or ·from the Radio Corporation, it will pay on all such apparatus covered by patents of the United States of America or of the country in question, under which it is licensed hereunder by the Radio Corporation, a royalty of 20 per cent of the net selling price of

such apparatus (or such lower royalty as may be agreed upon in special cases before the sale is ma.de), and further agrees to report such sales to the Radio Corporation in writing and pay the royalties due with respect thereto witbi.n .one month alter the expiration 'of the quarter in which such sale is made.

9. The Fruit Co. agrees to pay forthwith to the Radio Corporation $36,910.53 in settlement of unpaid portions of the purchase price for said stations at Santa Marta, Swan Island, and New Orleans, under said contracts of May 7, 1912, and February 11, 1915, and discharges the Radio Corporation from any ~further obligation under said contracts, except under clause 9 of said contract of May 7, 1912, relating to indemnity against patent litigation, and the Radio Corporation agrees to accept said sum in full settlement of all liability on the part of the Fruit Co. under said contracts and to discharge the Fruit Co. from any further liability thereunder. It is expressly understood, however, that the license to use said stations and apparatus heretofore conferred by said contracts with the Marconi Co. of America is in no way abro­gated or annulled, in so far as it relates to communications for the purposes and subject to the limitations provided in articles 1 and 3 of thls agreement.

10. Each party will give the other the benefit, for the purposes of this agreement, not only of any and all new inventions pertaining to wire­less communication or apparatus or devices therefor which it may acquire as aforesaid, but also of any and all engineering information and experience available to it, pertaining thereto, and will through its engineers aid and advise the · other at any time, upon request of the other, as to apparatus, methods of communication, the construction and equipment of stations, and any other matters of value to the other in connection with its operations hereunder, to the end that each party's methods and apparatus may be at all times maintained in accordance with the highest standards known to the other party. Each party will reimburse the other for the cost of any engineering services rendered hereunder at its request, including salaries.

11. This agreement shall continue until January 1, 1945, at which date it shall expire, except that the licenses granted hereunder shall continue in effect, so far as any patents issued or applied for up to that date are concerned, until the expiration of such patents, respectively.

12. Each party hereby releases the other party from any claim or liability on accoUnt of past infringement of any patents or patent rights owned by it, except claims arising out of the manufacture and sale of apparatus sold to . the United States Government, which claims are not hereby relea ed or discharged, and the Fruit Co. agrees that the Tropical Radio Telegraph Co. will execute a similar mutual release with the Radio Corporation, which release the Radio Corporation agrees to execute.

13. Sublicenses hereunder may be granted by the Fruit Co. to any subsidiary company controlled by it, which shall agree to be bound by the terms hereof, any rights granted to such subsidiary company to con­tinue, however, only so long as it continues to be controlled by the Fruit Co., but not otherwise, unless by mutual consent; and the Radio Corporation may grant licenses under the patents referred to in artide 2 hereof, · to the same extent as if said patents belonged to the Radio Corporation, subject, however, to the rights reserved hereunder; pro­vided, also, that this contract may be assigned by either party to a successor to its entire business, provided such successor agrees to be bound thereby.

14. It is understood that the rights granted by each party to the otbel; hereunder are only such · rights as the party granting them now bas, or shall in future have, the right to grant. Nothing herein con­tained shall require either party to do any act contrary to law ·or con­n·ary to its franchises, or to omit to do any act required by law.

The Fruit Co. bas received a copy of a contract between General Electric Co. and American Telephone & Telegraph Co., dated July 1, 1920, and a copy of the extension agreement between said companies, the Radio Corporation and the Western Electric Co., also dated July 1, 1920, and takes notice of the contents thereof.

In witness whereof Radio Corporation of America bas caused its name to be signed and its corporate seal to be hereto a.tfixed by E. J. Nally, its president, thereto duly authorized, and United Fruit Co. bas caused its name to be signed and its corporate seal to be hereto affixed by Andrew W. Preston, its president, thereto duly authorized, on the date first above written, at New York City, N. Y.

Attest:

Attest:

RADIO CORPORATION OF AMERICA, By E. J. NALLY, President.

C. J. Ross, SecretOtr1J. UNITED FRUIT Co.,

By ANDREW W. PRESTO:-<, President.

ABTHUR E. NICHOLSON, Assistant Secretary . . The General Electric Co. hereby assents to the foregoing agreement

so .t'ar as it is affected thereby. GENERAL ELECTRIC Co.,

By ALBERT G. DAVIS, Vice Pre8ide11t. Attest:

1 . .W,'ELWOOD~ A.ssistatJ.t Secretary.

1928 CONGRESSIONAL RECORD-SEN ATE 8391 LICENSE AGRIDEMENT--GENERAL ELECTRIC CO. A~"D WESTI!'<GHOUSE

ELECTRIC & MANUFACTURING Co. · Agreement made this 30th day of June, 1921, between the General

Electric Co., a New York corporation (herein called the General Co.) and the Westinghouse Electric & :Manufacturing Co., a Pennsylvania corporation (herein called the Westinghouse Co.) Witnesseth : Whereas t he General Co. is the owner of or has the right to grant

and extend the licenses hereinafter agreed to be granted and extended under certain letters patent of the United States and various applica­tions therefor, all of which relate to radio devices as herein defined, or to the manufacture thereof; and

Whereas the Westinghouse Co. is the owner of or has the right to gran t and ext end the licenses hereinafter agreed to be granted and ex­tended undet· certain letters patent of the United States ·and various applications therefor, all of which relate to radio devices as hereinafter defined, or to the manufacture thereof; and

Whereas by a certain agreement, as evidenced by Exhibit A hereto attached, the Genet·al Co. has granted to the Radio Corporation of America, a Delaware corporation (herein called the Radio Corporation), certain rights to use and sell under all its patents, which agreement is not intended to be affected by this present agreement; and

Whereas by a certain agreement, evidenced by Exhibit D hereto at­tached, the Westinghouse Co. bas granted to the International Radio Telegraph Co., a Delaware corporation (herein called the International Co.), certain of the rights to use and sell under all of its patents, and by certain agreements the Radio Corporation bas secured from the International Co. the rights so granted to the International Co., which agreements are not intended to be affected by this present agreement; and

Whereas the parties hereto have in the past by other agreements granted to each other licenses and contracted in regard to patents, and it Is not intended that such other agreements shall be affected by this agreement, or that any further patent agreements made between the parties hall be affected by this agreement, unless such later agreement shall expressly so state; and

Whereas the General Co. entered into certain agreements, dated July 1, 1920, with the American Telephone & Telegraph Co., a New York corporation (herein called the Telephone Co.), the Western Elec­tric Co. (Inc.), a New Yot·k corporation (herein called the Western Co.), and the Radio Corporation whereby the General Co. secured ft·om the Telephone and Western Cos. certain licenses which may be ex­tended and whereby also it granted certain licenses to the Telephone and Western Cos., copies of which agreements are attached hereto as Exhibits B and C ; and

Whereas by an agreement of even date herewith, as evidenced by Exhibits H and I hereto attached, the Telephone and Western Cos. have assented to the extension of licenses under its patents to the Westinghouse Co., and the Westinghouse Co. has granted certain licenses to the Telephone and Western Cos. ; and

Whereas each of the parties hereto is desirous of acquiring from the other license · under the said letters patent, and the patents to issue on said applications, and under other patents on radio devices to be acquired by the other as hereinafter specified.

Now, therefore, the parties hereto have agreed as follows : Article I . Definitions

1. Radio purposes is defined as the transmission or reception of com­munications, telegraphic, telephonic, or other, by what are known as electromagnetic waves, but not by wire.

2. Hadio devices are defined as comprising : (a) Devices useful only in radio purposes. · (b) Devices especially adapted to radio purposes but capable of other

uses such, for example, as the Alexanderson alternator with accessories or the pliotron. except where the same are sold licensed only for uses other than radio uses, in which case the same are not to be regarded as radio ·devices hereunder.

3. The expression " devices " shall include apparatus, devices, systems, connections, and methods.

4. X-ray purposes are defined as the generation, control, and applica­tion of X rays.

5. X-ray devices are defined as comprising all apparatus, devices, systems, connections, and methods in so far as they at·e used for X-ray purposes.

X-ray devices comprise : (a) Devices used only for X-ray purposes. (b) Devices especially adapted for X-ray purposes, but capable of

other uses except when the same are licensed only for purposes other than X-ray purposes, in which case the same are not to be regarded as X-ray devices hereunder.

6. "Wire telephony" is the art of communieating or reproducing sound waves (created, directly or indil:ectly, by the voice or by musical ins truments) by means of electricity, magnetism, or electromagnetic waves, variations, or impulses conveyed or guided by wires, and in­cludes all genemtlng, measuring, switching, signaling, and other means or methods incidental to or involved in such communication.

7. "Wireless telephony" is to be taken as meaning the same as the above, except that the waves, variations, or impulses are radiated through space.

8. "Wire telegraphy" is the art of communicating messages by code signals (such as the Morse code, for example) by means of electricity, magnetism, or electromagnetic waves, variations, or impulses conveyed or guided by wires, and includes all generating, measuring, switching, signaling, and other means or methods incidental to or in-volved in such communication, but does not include such devices as annunciators, elevator signals, engine-room telegraphs, etc.

9. " Wireless telegraphy " is to be taken as meaning the same as "wire telegraphy" except that the waves, variations, or impulses are radiated through space.

10. " Power purposes " are defined as including all prime movers and their accessories, and all generation, use, measurement, control, and application of electricity for light, heat, and power, but does not include any communication pm·poses.

11. " Household devices " are electric or electrically operated devices designated primarily for domestic use, but do not include devices fo.r communication purposes.

12. "The United States Government" shall be understood to include not only the Federal Goverilment but also the governments of the Philippines, Porto Rico, and other Federal possessions, present or future; but shall not include any municipal, county, or State govern­ment.

13. "Transoceanic" communication shall be understood to include all communication between two continents, or between a continent and an island more than 100 miles from its shores, islands within 100 miles of the shores of a continent being considered parts thereof, North America, including the Panama Canal Zone and all of Central America north thereof, is to be considered as one continent, and South America and all of Central America south of the Panama Canal as another. This definition does not include communication between ships or between ship;; and shore.

14. "Train dispatching" is telegraphic or telephonic conveyance of train orders or operating information between the office of a train dis­patcher or similar official and way stations, or other points along the line of way, or railway vehicles (with o.r without incidenta~ provision for operation at will in an ~mergency, and not automatically, signals, brakes, stops, and switches) tor controlling the movements of trains or other automotive vehicles.

15. "Railway signaling" ill the operation of signals, switches, brakes, stops, etc., controlling the Ihovements of trains or other automotive vehicles, controlled by or in accordance with train or vehicle move­ments or track conditions, illcluding block signaling, cab signals, and train stops. It does not include train dispatching as above defined.

16. " Submarine signaiing" is the art of sending or receiving me-chanical vibrations transmitted through water. ·

17. The terms "General Co." and "Westinghouse Co.." as used herein relate to and include, respectively, for the General Co. and the West­inghouse Co., all controlled com-panies, branches, factories, and depart­ments engaged in the manufacture or sale of radio devices, and the terms and conditions hereof ~hall apply to !lny individuals or corpora· tions who may succeed to the business of either of them.

Article II. Ea:ception11

1. The following a re excluded from the operations of this agreement : (a) Devices with respect to which e:xclu ·ive licenses have been

granted to others by the parties hereto as evidenced by Exhibits A, B, C, and D, and the following (some of which are included in the licenses granted evidenced by said exhibits) :

(b) Radio devices. (c) X-ray devices. (d) Submarine signaling. (c) Wire telephony. (f) Wire telegraphy. (g) Train dispatching. (h) Transoceanic communication. (i) All applications (for purposes other than power purposes, rail­

wa-y signaling, household devices as defined, distance actuation and control by wireless for other than communication purposes, scientific, experimental, and therapeutic apparatus and shop tools, shop appliances, and shop processes) of inventions pertaining or applicable to or to the use of vacuum tubes and to generating (directly or from other cur­rents), modifying, amplifying, transmitting, or receiving electromag­netic waves, variations, or impulses, including instruments and their records for producing music and other sounds for amusement or artistic purposes, with the right to transmit the sound by wire telephony throughout a building.

(j) And in so far as the parties are now operating or may in the future operate under licenses granted or to be granted to one by the other, which licenses make no reference to this present agreement, the field of such license is excluded from the present agreement so long as such other license remains in force.

2. The r ight to make and sell (but not to lease) to electric light, electric power, and electric traction companies apparatus for so-called

.8392 CONGRESSIONAL RECORD-SENATE MAY 11 " caiTier current" telephone communication over wires, or partly o.ver wires and partly across wireless gaps, but in each instance only for the usc of such companies and not for the use of the public, nor for toll, nor for the operation of a selective train-dispatching system, nor in connection with any public service telephone system, being a General Electric right under paragraph (a) of section 5 of Article V of agree­ment B, is not, as between the General and Westinghouse Cos., included in the general language of any of the above exceptions.

Article III. Licenses to be granted 1. If at any time any radio devices co.vered by patents of the Gen­

eral Co. come to have a commercial use in a field outside the exclusions specified in article 2 hereof, the General Co. will grant and extend to the Westinghouse Co., at its request, a license in such field under the General Co.'s United States patents then existing and all patents to be issued to the General Co. on patent applications filed in the United States on inventions made or co.nceived by its employees up to January 1, 1945, and all United States patents which it now has or which it shall acquire or with respect to which it has or shall have the right to grant or extend licenses up to January 1, 1945 (except those acquired by purchase and referred to in article 9 of a contract of even date herewith known as agreement E) in so far as such patents are applied to the use of radio devices in such field. The licenses for such use are to be without royalty and on such terms as will permit the Westing­house Co. to deal with its customers with respect to such devices for such use on equal terms with the General Co.; but the General Co. shall not be bound to license the Westinghouse Co. to. do more than 40 per cent of the gross business of the two companies in dollars in any calendar year under any such license so granted in any such field except on payment of a royalty to be fixed by the General Co. The licenses herein provided for shall contain the usual provisions regarding ex­change of technical and manufacturing information with respect to standard devices which at the time when the information is asked for are being manufactured commercially by the General Co., as distin­guished fiOtn devices under development and devices designed for special order ( aid . exchange to be without compensation except the actual cost of furnishing the information).

2: If at any time any radio devices covered by patents of the West­inghouse Co. come to have a commercial use in a field outside the exclu­sions specified in article 2 hereof, the Westinghouse Co. will grant and extend to tbe General Co., at its request, a license in such field under the 'westinghouse Co.'s United States patents then existing and all patents to be issued to the Westinghouse Co. on patent applications filed in the United States on inventions made or conceived by its em­ployees up to January 1, 1945, and all United States patents which it now has or which it shall acquire or with respect to which it has or shall have the right to grant OT extend licenses up to January 1 , 1945 (except those acquired by purchase and referred to in contract of even date herewith known as agreement E), in so far as such patents are applied to the use of radio devices in such field. The licenses for such uses are to be without royalty and on such terms as will permit the General Co. to deal with its customers with respect to such devices for such use on equal tE-rms with the Westinghouse Co.; but the Westingho.use Co. shall not be bound to license the General Co. to do more than 60 per cent of the gross business of the two companies in dollars in any calendat· year under any such Iicen e so granted, except on payment of a royalty to be fixed by the Westinghouse Co. The licenses herein provided for shall contain the usual provisions regard­ing -exchange of technical a:nd manufacturing informatio.n with r espect to standard devices which at the time when the information is asked for are being manufactured commercially by the Westinghouse Co., as distinguished from devices under development and devices designed for special order (said exchange to be without compensation except the actual cost of fur·nishing the information).

3. If either party shall have other li<ensees under its patents in any such field outside the exclusions specilled in ru:ticle 2 hereof, the business of such other licen ees in such field under such licenses shall, for the purposes of the foregoing sections, be included as a part of the business in that field of the party granting such licenses. This shall not apply to the existing licenses granted UI!der the Armstrong patents referred to in an a.greement of even date herewith known as agreement K.

4. The licenses hereUI'lder agreed to be gt·anted shall be under the patents of the United States only. 'l'hey shall authorize the manufac­ture, use, and sale in this country and the manufacture and sale in this country for export, but shall not imply nor shall any act per­formed under this agreement or said licenses imply any right or license to u e or sell under any patent of a country foreign to the United

tates. Art·icle IV.-Arbitr ation

It any controversy shall arise between the parties as to the per­formance of any obligation under this agreement, or as to the meaning of any definition, the matter in controversy shall be submitted, at the option of either party, to thi'ee arbitrators, who shall have the power to decide the matter in controversy, and whose decision shaJl be binding upon the parties hereto. Upon such contingency each party shall desig­nate one arbitrator, and these two shall ·appoint a third arbitrator.

In the event that one party appoints an aroitrator and the other party fails within 30 days, after receipt of written notice, to appoint a second, the decision of the first arbitrator shall be binding upon the parties hereto.

Article V.-Term and termination This present agreement shall continue until January 1, 1945, at which

date it shall expire. The licenses to be granted hereunder shall con­tinue until January 1, 1945, and thereafter to the date of expiration of the last patent owned by either party to which each such license, respectively, applies.

In witness whereof the parties hereto have caused these presents to be executed and their corporate seals to be hereunto affixed by their proper officers thereunto duly authorized at New York on the day and year first above written.

Attest: (SEAL.]

(Signed) (Signed) (SEAL.]

GE:!'I'ERAL ELECTRIC Co., (Signed) By ANSON W. BUl!CHARD, Vice President.

(Signed) J. W. ELWOOD, Assistatlt Secretary. WESTINGHOUSE ELECTRIC & MANUFACTURING Co.,

By GuY E. TRIPP, Chait-man. JAMES C. BENNETT, Secrflta1·y.

LICENSE AGREEMENT-RADIO CORPORATION OF AMERICA, GENERAL ELEC­

TRIC Co., AND W'ESTI:SGHOUSE ELECTRIC & MANUFACTURING Co. Agreement made this 30th day of June, 1921, between the Radio Cor­

poration of America, a Delaware corporation (hereinafter refet'l'ed to as the Radio Corporation), the General Electric Co., a New York corporation (hereinafter referred to as the General Co.), and the Westinghouse Electric & Manufacturing Co., a Pennsylvania corpora­tion (hereinafter referred to as the Westinghouse Co.), the said General and Westinghouse companies being hereinafter collectively referred to as the manufacturing companies

. By an agreement of Novembet· 20, 1919, between the General Co. and the Radio Corporation the General Co. granted certain patent licenses to the Radio Corporation and agreed to manufacture for it, and the Radio Corpot·ation agreed to purchase exclusively from tbe General Co., all radio devices covered by patents, rights under which were granted or agreed to be granted in such agreement, which the General Co. should be from time to time in a position to supply with reasonable business promptness for use in, Ol' which were used in, the busine s and operation of the Radio Corporation and its licensees and customers; and

An agreement of June 29, 1921, was entered into between the West­inghouse Co. and the International Radio Telegraph Co., a Del a ware corporation, hereinafter referred to as the International Co., which agreement contained provisions similar to those in the General Electric­Radio agreement above refen·ed to (copies of the said General Electric­Radio agreement and of the said Westinghouse-International Co. agree­ment being attached hereto as Exhibit A and Exhibit D, respectively, and hereinafter so referred to).

Subsequent to the execution of these two agreements the Radio Cor­poration has (by an agreement of even date herewith which is attached hereto as Exhibit J and hereinafter so referred to) acquired certain of the assets of the International Co. -

It is not practicable for the Radio Corporation to continue to carry out tbe terms of both agreements A and D in the form which they now stand ; and this is particularly clear since radio devices which the Radio Corporation desires to use combine patented inventions of both the General and Westinghouse companies, and it is only by tbe use of the complementary patented devices of both companies in single instruments and sets of instruments that efficient radio communication can be secu1·ed.

Now, therefore, to settle the conflict created by such acquisition and to further define the rights of the parties \vith respect to the manufac­ture of radio devices and to enable the Westinghouse Co. to manufac­ture radio devices for the Radio Corporation under the patents of tbe General Co. and to enable the General Co. to manufacture radio devices for the Radio Corporation under the patents of the Westinghouse Co., the parties have agreed as follows :

Article I As modified by this and other agreements of even date herewith, tbe

parties agree that the Radio Corporation assumes all of the obligations ( ubject to the exceptions noted in the last sentence of paragraph 2 of this article) assumed by the International Radio Telegraph Co. in agreement D above mentioned, and becomes entitled to all of the benefits thereof as though it had been a party thereto in place of the Inter­national Radio Telegraph Co.

Except as providerl hereinafter, the General Co. shall acquire no rights under tbe patents of the International Co. or the Westinghouse Co. by reason of tbe provisions ·of agreement A. Except as provided hereinafter, the Westinghouse Co. shall acquire no rights under the patents of the Radio Corporation o1· the General Co. by reason of the provisions of agreement D.

1928 CONGRESSIONAL RECORD-SENATE _8393 It is agreed that the grants made by· the Westinghouse Co. to Inter­

national Co. and Radio Corporation and by General Electric Co. to Radio Corporation, evidenced by agreements A and D, are made subject to grants heretofore made by such grantors to others.

A~iCle II

Section 1 of article 4 of agreement A and section 1 of articlt! 4 of agreement D are hereby ca!}celed and the provisions and obligations of this Article II are substituted in place thereof.

1. It was the purpose and intent of the General Co. in entering into agreement A to retain the exclusive manufacturing rights under its patents for radio purposes and to acquire similar exclusive manufactur­ing rights under the patents of the Radio Corporation. This purpose was accomplished by granting to the Radio Corporation (except in case of failure of the General Co. to supply) no manufacturing rights what­ever, but merely the exclusive rights for sale and use, as specified, of devices purchased of the General Co., and by acquiring from the Radio Corporation the exclusive manufacturing rights specified under its patents.

The Westinghouse Co., in its dealings with the International Co., evidenced by agreement D, was actuated by a similar motive and acted in a similar manner.

The present situation is such that the Radio Corporation thus finds itself obliged to purchase of the General Co. everything which is made under the patents of the General Co. or of the Radio Corporation, and of the Westinghouse Co. everything which is made under the patents of the Westinghouse Co. and of the International Co. It develops that if the Radio Corporation is to give the efficient service which it desires to give, important devices which the Radio Corporation desires to pur­chase must be manufactured under the patents of the two groups.

In the situation thus created the manufacturing companies have agreed that the licenses are extended as hereinafter specified to enable the Westinghouse Co. to manufacture for the Radio Corporation under patents of the General Co. and of the Radio Corporation, and to enable the General Co. to manufacture for the Radio Corporation under the patents of the Westinghouse Co. and of the International Co., to such an extent that the Radio Corporation in the manner and to the extent herein provided may purchase from time to time from the General Co. 60 per cent and from the Westinghouse Co. 40 per cent of all radio devices covered by patents, rights under which are granted or agreed to be granted in either agreement A or agreement D (provided however that the right of the Radio Corporation to use or dispose of said de­vices arises from the grants of agreements A and/or D) which either the General Co. or the Westinghouse Co. is from time to time in a position to supply with reasonable business promptness fQr use in, or which are or shall be used in, the business and operation of the Radio Corporation and its future licensees a.nd customers and its existing licensees. To this end the Radio Corporation agrees that of the orders which it shall place with the two manufacturing companies during the portion of the calendar year 1921 following the date o:t execution of this agreement and in each calendar year thereafter for the life of said agreements A and D, it will in placing orders with the manufacturing companies for such patented apparatus as it is licensed to purchase only from the manufacturing companies order 60 per cent in selling price to the Radio Corporation in each said period of the G€neral Co., and 40 per cent in such selling price in each said period of the Westinghouse Co. Where. an order is canceled by agreement of the parties concerned, the amount of the cancellation is to be allowed for by proper adjustment of the orders in the period in which the cancellation becomes effective. Any unavoidable excess of orders placed with one company in any such period is to be adjusted by giving to the other company more orders in the next period, except in so far as such excess is due to the failure of the other manufacturing company to supply devices of good quality and with reasonable business promptness.

2. Any obligation to place orders with either manufacturing com­pany is subject to the obligation of such company to produce the devices ordered of good quality, workmanship, and material with reasonable business promptness.

3. As one of the considerations to the manufacturing companies in entering into this agreement and into agreements A aild D has been and is the information and experience which their engineering and manufacturing depaL"tments will acquire by designing and producing devices hereunder, it is agreed that the obligation of the Radio Corpora­tion to place its orders in the ratio of 60 per · cent and 40 per cent shall extend to each of the devices (which devices it is licensed to purchase only from the manufacturing companies covered by patents rights under which are granted or agreed to be granted under agreements A and D) of the classes A, B, C, etc., o:t Schedule X attached hereto and to foreign and domestic business in each of said classes separately, but the manufacturing companies may by arrangement between themselves modify the division of the business or its allocation in classes, either temporarily or permanently, by notice signed by the two manufacturing companies and served- on the Radio ·Corporation.

LXIX-529

4:. The grants of licenses in. agreements A and D to the Radio Cor­poration itself to manufacture when it is not able to obtain radio devices with reasonable promptness :from the respective manufacturing companies are so modified that they shall not be operative except when both manufacturing companies ha:ve refused or failed to supply the devices with reasonable promptness as specified.

A1·ticle III The licenses heretofore granted and agreed to be granted by the

General Co. to the Radio Corporation and the licenses heretofore granted and agreed to be granted by the Westinghouse Co. to the International Co. and transferred or to be transferred to the Radio Corporation and licenses under the patents of the Radio Corporation, the General Electric Co. and the Westinghouse Co. are hereby extended to such extent as may be necessary to permit the General Co. and the Westinghouse Co. to manufacture for and sell radio devices to the Radio Corporation as above provided and to manufacture for their own use to the extent that such use is permitted by Article V hereof.

Article IV An arrangement may be made by the Radio Corporation with the two

manufacturing companies whereby such companies may on equal terms as agents of the Radio Corporation sell for use in the United States of America radio devices purchased by the Radio Corporation as herein provided, or may otherwise acquire such selling rights as may be mutually agreed upon by the three parties hereto.

Article V

The Radio Corporation grants to the Westinghouse Co. and to the General Co., and each manufacturing company grants to the other manufacturing company (so far as it has the right to do so), the following licenses under all patents, applications for patents, inventions, and rights of licenses under or in connection with patents which the Radio Corporation and manufacturing companies, respectively, now own or control, or which they may acquire during the term hereof, or under which they have or may have the right to grant such licenses, except those acquired by purchase a.Iid referred to below.

a. Nonexclusive licenses in the fields of wire and wireless telegraphy for its own communication, or for the purpose of convenience, or to save expense, but not for profit f~r transmission of messages for the public.

b. Nonexclusive licenses in the field of wireless telephony for its own communication but not for profit or for transmission of messages for the public, nor for toll, nor for the operation of a .selective train dispatching system, and not for connection with any public service telephone system.

c. Nonexclusive licenses to establish, maintain. and operate, but not for pay and not to sell or lease, broadcasting wireless transmitting stations.

The grants of this article apply to the companies so controlled by the Westinghouse or General Co. as to subject them to the liabilities of the present agreement~

Article VI It is agreed that each of the manufacturing companies shall have

the right as against the other to enforce the obligations of section 10 (renumbered as section 9 per article 11 hereof) of_ article 4 of each of said agreements A and D.

Article VII On the termination of the said agreements A and D the Radio

Corporation shall be licensed under all patents of the manufacturing companies under which it was licensed in either of such agreements A and D so far as the manufacturing companies have or may hereafter acquire the right to grant such licenses, to the extent necessary to enable it to manufacture for its own use in accordance with the _pro­visions of said agre.ements, but not for lease, resale, or other disposal, radio devices which it is unable to purchase of either of the manufac­turing companies in accordance with the terms of article 4 of each of said agreements .A and D, but only so long as it shall place its orders for devices covered by such patents in so far as they remain unexpired with the two manufacturing companies in general accordance with the provisions of article 2 hereof.

Each of the manufacturing companies is licensed under such patents to manufacture for and sell to the Radio Corporation radio devices in accordance with this article. The grants of article 5 hereof shall extend with respect to all patents, licenses under which are granted or agreed to be granted UDd("r agreements A and D. Except to this extent this agreement shall expire with the expiration of agreement A.

ArticZe VIII

The terms "General Co." and "Westinghouse Co." as used herein relate to and include, respectively, for the General Co. and the Westing­house Co. all controlled companies, branches, factories, and departments engaged in the manufacture or sale of radio devices, and the terms and conditions hereof shall apply to any individuals or corporations who may succeed to the business of either of them. The term " Radio Corporation" includes all of its controlled companies.

8394 CONGRESSIONAL RECORD-SEN ATE ]\fAy 11 Article IX ·

Paragraph 7, Article II of agreement A, and paragraph 7, Article II of agreement D, are hereby canceled, and the following is substituted therefor:

In. case the Radlo Corporation shall acquire by purchase from others patents, patent applications, or rights or licenses under or in connection with patents, which have uses or applications outside of radio purposes, it shall disclose that fact to each of the manufacturing companies and shall otier to bt·ing the same within the scope of this contract. on pay­ment l>y the manufacturing companies jointly of a fair proportion of the price actually paid or to be paid therefor, in which ~ase the payment by the manufacturing companies (except as to any subsequent payments depending on the use of the invention) shall be made in the proportion of 60 per cent by the General Co. and 40 per cent by the Westinghouse Co. {with due allowance for any payments made by others and for such rights as do not pass from one company to the other). In case either the General Co. or the Westinghouse Co. shall decline the offer, the other manufacturing company may, nevertheless, acquire for itself (but not for the other manufacturing company) the same rights which it would acquire if the patents or rights in question were brought within the scope of this agreement, by paying to the Radio Corpora­tion the same amount which in the first case would have been paid by the two manufacturing companies jointly.

In case either of the manufacturing companies shall acquire by pur­chase from others, patents, patent applications or rights or licenses under or in connection with patents useful for Ol' applicable to radio purposes, it ball disclose that fact to the Radio Corporation and to the other manufacturing company. It shall offer to bring the same within the scope of this agreement on payment by the Radio Corporation to it of a fair proportion of the price actually paid or to be paid therefor, and shall also offer to the other manufacturing company to bring the same within the scope of a certain agreement of even date herewith, between the two manufacturing companies, known as agreement F, on payment by the other manufacturing company of its fair proportion of the purchase price unpaid by the Radio Corporation, it being agreed as between the two manufacturing companies that the proper pl'Oportion, unless otherwise agreed in any particulat· case (except as to any sub­sequent payments depending on the use of the invention), is 60 per cent for the General Co. and 40 per cent for the Westinghouse Co. {with due allowance for any payments made by others and for such rights as do not pass from one company to the other).

In case the other manufacturing company shall refuse to join, the patents or rights in que tion shall not be within the scope of the said agreement F but shall be specifically excepted therefrom. In case the Radio Corporation refuses to join and the other manufacturing company does join, the manufacturing company so joining shall have equal rights for radio purposes with the company making the purchase. But this, while releasing the manufacturing companies from all obligations not to sell so far as such particular patents or rights are concerned, shall in no way license or empower either manufacturing company to sell for radio purposes under any patents or radio rights which are owned by the Radio Corporation.

The expression "bring the same within the scope of this agreement" wherever used in this present Article IX shall for the purposes of this at·ticle be taken to include, among other things, that the Radio Cor­poration grants to the manufacturing companies licenses for purposes other than radio purposes which are exclusive to the two manufacturing companies jointly, so far as it is free under its existing contracts to grant such rights (except that they are not exclusive with respect to the reserved rights of the Radio Corporation for wire purposes), and in cnse where one manufacturing company refuses to join, said license shall l>e exclusive to the manufacturing company which makes the pur­chase or which joins in a purchase made by the Radio Corporation. Whether or not either or both of the manufacturing companies partici­pate in a purchase made in accordance with this agreement offered to them by the Radio Corporation, the obligations of the Radio Corpora­tion to purchase radio apparatus thereunder from the manufacturing companies as provided hereunder shall not be ·modified, and the two manufacturing companies are licensed exclusively to manufacture radio devices under patents so purchased to the · same extent as though such patent were owned by the Radio Corporation at the date hereof.

Article X The sentence beginning " But this action " in Article XI of agreement

A is canceled. If at any time in accordance with Article XI of agreement A, or in

nccordance with Article IX of agreement D above referred to, the Radio Cot·poration is taken over by any superior authority or its stations are taken over, as provided in such articles, the agreement that the rights of the Radio Corporation shall cease, be reassigned and revert shall not apply to any patents or righls of countries foreign to the United States which shall at that time have been assigned or agreed to be assigned to Marconi's .Wireless Telegraph Co. {Ltd.), or Shielton (Ltd.), or the South American Radio Corporation, or the United Fruit Co., or ailJ' other stranger to these agreemt>nts.

Article Xl Section 9 of Article IV of agreements A and D are canceled, and

sections 10 and 11 of each of such articles are renumbered as sections 9 and 10, respectively. At ·the end of section 10 of each of such articles (now renumbered as section 9} the following sentence is added:

~·The agreements contained in this' section are conditions and Iimita· tions of the licenses heretofore granted and agreed to be granted."

A.t·ticle XII

The admission of validity implied in the acceptance of licenses and assignments under and in accordance with this agreement and under and in accordance with the agreements known as F, G, and K is limited to the territory and field of use for which such licenses respectively are and may be granted and to the periods thereof respectively,

.Article XIII It is agreed that the Radio Cor·poration and the General Co. may

extend to the United Fruit Co. and to the Wireless Specialty Apparatus Co. rights undet· the patents of the Westinghouse Co. and of the Inter· national Co. for radio purposes to the same extent that they have agreed to extend rights under their own patents.

Either manufacturing company may, howe-ver, from time to time authorized the Wireless Specialty Apparatus Co. to manufacture radio devit:es for the Radio Corporation. Any such devices so manufactured shall be regarded for all purposes under this agreement as manufactured by such manufacturing company, unless the other manufacturing com­pany shall agree that the devices so manufactured shall not be regarded in computing the 60 per cent and 40 per cent under the provisions of Article II hereof.

At·ticle XIV If any controversy shall arise between any two of the parties as to

the performance of any obligation under Article IX hereof or as to the amount of the proportions to be respectively paid under said article, or as to the performance of any obligation under this agreement, or as to the meaning of any definition, the matter in controversy shall be submitted, at the option of either such party, to three arbitrators who shall have the power to decide the matter in controversy, and whose decision shall be binding upon the parties so arbitrating. Upon such contingency each such party shall designate one arbitrator, and these two shall appoint a third arbitrator. In the event that one such party appoints an arbitrator and the other party fails, within 30 days after receipt or written notice, to appoint a second, the decision of the first arbitrator shall be binding upon such parties:

Art·icle XV No license are granted or extended hereby under patents of Canada,

the United Kingdom of Great Britain and Ireland and Japan. Article XVI

I! at any time prior to January 1, 1923, the Radio Corporation anti one of the manufacturing companies request, both manufacturing com­panies will grant to the Radio Corporation the manufacturing rights under their German patents for radio purposes to the extent that and for the term that they have agreed to transfer to the Radio Corpora­tion the selling and using L'ights.

In testimony whereof the parties have caused these presents to be executed and their corporate £eals to be hereunto affixed by their proper officers thereunto duly authorized, at New York City, the day and year first above written.

{Signed) RAmO CORPORATION OF AMERICA,

By EDWARD J. NALLY, President. Attest: [SEAL.] (Signed) LEWIS 1\lAcCoNNACH, Assistant Secretary.

GENERAL ELECTRIC Co., (Signed) By ANSON W. BURCHARD, Vice President.

Attest: [SIDAL.]

('Signed) Attest:

(Signed) J. W. ELWOOD, Assistant Secreta.r·y. WESTINGHOUSE ELECTRIC & MANUFACTURING Co.,

By GUY E. TRIPP, Chairman.

[SEAL.] (Signed) JAMES C. BENNETT, Secretat'']j. For good and valuable consideration the receipt of which is hereby

acknowledged, the International Radio Telegraph Co. consents to, ratifies, and confirms the above agreement and the transfer to the Radio Corporation of America of nll of its rights under said agreement D.

THm INTERNATIONAL RADIO TELEGRAPH co., By CALVERT TOWNLEY, Vice President. (Signed)

Attest: [SEAL.] (Signed) WARREN H. JONES, Assi8tant Secretary.

SCHEDULE X TRANSMITTING EQUIPMENT

A. Spark sets complete with accessories. B. Arc sets complete with accessories. C. Alternator sets complete with accessories, but not including stand­

ard power transformers or generating appat·atos of standard types.

1928 CONGRESSION .AL RECORD-SEN ATE 8395 D. Tube sets compicle with acee-ssories-5 kilowatt output and above. E. Tube sets complete with .accessories-'below 5 kilow.att output. F. Tubes only above 1 kilowatt rated output. G. Tubes only 1 kilowatt rated output <Jr less. H. Transmitting apparatus not otherwise specified.

RECEIVING l!lQUIPMENT

I. Crystal detector sets. J". Tube sets complete with acce-ssories. K. Tubes only. L. Receiving apparatus not otherwise specified.

MISCELLANEOUS EQlJIPMFDIT

M. Direction finders, wave meters, aml similar auxiliary apparatus. N. Miscellaneous radio devices not otherwise specified. 0. Standard power and lighting devices other than those included in

class C. LICENSE .AGREEMENT-WESTINGHOUSE ELECTRIC & MANUFACTURING Co_,

.AMERICA .. c'i TELEPHONE & TELli:GBAPH CO.~ AND W.mSTERN ELECTRIC

Co. Agreement made this 30th day of J"une, 1921, between the · Ameriean

Tel-ephone & Telegraph Co., a corporati<Jn of New ¥<Jrk (hereinafter called the Teleph<Jne Co.), the Western Electric Co. (Inc.) , a cor­poration of New York (hereinaft-er called the Western Co.), and the Westinghouse Electric & Manufacturing Co., a corporation of Penn­sylvania (hereinafter called the Westinghouse Co.)

Witnesseth that-Whereas a.n agreement dated J"nly 1, 1920, has been entered into

between the General Electric Co., a New York corporation (herein­after called the General Co.), a.nd the Telephone Co., under whieh licenses w&·e .exchanged :betw~en the two companies undei" their re­ilp.ective patents for .operation in the respective 1ields of business of said comp::uries; a copy of which agreement is attached herem and marked " Exhibit B '' ; -and

Whereas by virtue of an extension a.greement dated J"uly 1, 1920, a copy of which is .hereto attached marked "Exhibit C.'' the General Co. .bas also received, under the patents and inventions of the Western Co., rights corresponding to th<Jse it received -under the agreement " Exhibit B " ; and

Whereas, pursuant to the provisions of article 6, section 3, 'SUbdi­vision (b), of said agreement, "Exhibit B ," the General Co. desires to extend to the Westinghouse Co., at its request, certain of the tights under the patents and inventi<Jllil o.f the ~lephcme and Western Cos. ~eiv,ed by the General Co. under the said agreemente, and, at the -requ-est of the General -co., the Telephune 'Co., and th.e Western Co. have assented thereto, as shown by the assent attached bereto and marked " Exhibit H " ; and

Whereas the Telephone Co., the Western Co., and the Westinghouse Co. are desirous of exteBding to each other certain additional rights, privileges, information, and assistance pertaining to the existing busi­ness of the respective companies ;

Now, therefore, in consideration uf the premises and the mutual covenants herein contained, it is agreed as foUows ,:

1. The Westinghouse Co. hereby grants and agrees to grant to the Telephone Co., and to the Western Co., under the present and future patents of the Westinghou1:>e Co. and rights to and under patents, in 'SO far as it has or may have the riglit to do so, rights of the same character and scope, and for the same fi-elds of operation, and subject to the same limitations and t!onditions, as the rights granted by the General Co. to the Telephone Co. in and by the said agreement of July 1, 1'920: PrCY,;i.decl, howm:er, 'That all rights, granted and agreed to be granted under this paragraph, are subject to rights which the Westinghouse Co. hereby reserve~ for itself, for the General C6., and for the Radio Co., and their several successors in business, and which are of the same character and scope, and for the same fields, and subject to the same limitations and condition$, as the rights reserved by the General Co. in and by said agreement of J"nly 1, 1920 : Provided further, That no rights are gr~nted by the Westinghouse Co. to the Telephone Co. or the Western Co. pertaining to the fields covered in the first and the last items of section 9, article 5, of the agreement, "' Exhibit B." The admissiO'D. of -validity implied in the acceptance ot licenses hereunder is limited to the fields for which such · licenses exist.

2. The Telephone Co. agrees, in addition to giving its assent to the extension of rights, under its patents, to tbe Westinghouse Co., as aforesaid, and to the granting of the other rights and privileges berein conferred, to pay to the Westinghouse Co. one-third of the sums paid , and payable l?Y the Westinghouse Co. to the i11ventors under a certain ' agreement known a3 the "'Armstrong and 'Pupin agreement," dated October 5, 1920, under which the Westinghouse Co. acquired certain patents and applications of said inventors. One-third of the payments made by the Westinghouse Co. to date under said agreement shall be paid by the Telephone Co. hereunder upon the execution of this agreement, and one-third of future payments as they are due and paid by the Westinghouse Co. und.er the terms of said agreement: Provided, 1lowever, That in case the Westinghouse Co. does not prior to J"uly 10, 1922, acquire the rights relating to .. wired, wireless, or so-called

multiplex telephony and telegraphy" covered by the u Russell agree­ments" referred to in paragraph 13 of said "Armstrong and Pupin agreement," and the Westin,gh(}u. e Co. i.s not then in position to gr.ant to the Telephone Co. rights thereunder corresponding to those granted in paragraph 1 hereof, then the Westinghouse Co. will, upon demand of the Telephone Co., pay to the Telephone Co. a sum equal to .. all sums received by the Westinghouse Co. under said "Armstrong and Pupin agreements" for the rights disposed of under the Russell agree­ments.

3. The Westinghouse Co. agrees that it will not terminate its rights to and ·under the Armstrong and Pupin patents, under the provisions of paragraph J.1 of the aforesrtid "Armstrong and Pupin agreement" without first making such arrangements between the parties then ~­terested in said patents that the Telephone Co. shall continue to enjoy the rights herein granted under said patents without the payment of any consideration other than that herein provided.

4. The provisions of articles 6, 7, sections 1 and 3 of at·tiele 9 ar­ticles 10, 11, 12, 13, Hi, and 16 of Exhibit B contract, :t'elating t~ the licenses granted, the settlement of interferences, cooperation, and ex­change of information, purchases between the parties, litigation, releases, arbitration., :further assurances, .and rights of successors, shall ap.ply to and govern the .relations between the parties ll&eto, the same as if copied in full herein, with the following exceptions :

(a) As to article 6, any extension of rights by the Westinghouse Co. under section a, subdivision (b), can be made only u.pon the consent of the General Electric Co., through whom the Westinghouse Co. -derives its rights.

The first sentence of section 6, ef article 6, is excepted from this agreement, and notwithstanding the remaining provisions of said sec­tion 6, it is understood and agreed that the Westinghouse Co. hereby grants to the Telephone Co. aonaclusive licenses and the right to grant nonexclusive licenses to the foreign associated and allied com­pani~ of the Telepoone Co. and Western Co., unde.r all foreign patents which the We~tinghouse Co. acquires under the "Armstrong and Pupin agreement" of· October 5, 1920, -so far as the Westinghouse Co. has or may have the right to make sueh grants.

(b' As to .article 9, the parties hereto shall be under the obliga­tion to furnish information and permit access to their respective labo:rtt· tories only with respect to devices, apparatus, systems, and methods ru~ to which the development work is snbstantially completed.

fi. Un.les:s previously terminated by mutual consent, thi.s agreement Wall -continue in force Until J"uly 1, 193(), a.nd ft.Utomatieally thereafter until canceled on three years' written notice given after. July 1, 1930. by either party to the other: Pt·ovid.ed, twwever, That it shan not be thus canceled by the Westinghouse Co. during the continuan-ce of agree­ments Exhibits B 1Uld C and its enjoyment thereunder -of rights under th~ patenU; of the Telephone Co. and Western Co. In the event that agreements, Exhibits B and C, or either of them, are terminat.ed prior to the , termination of this agreement, as above specified, the parties hereto shall continue, during the continuance -of thls ~greement, t()

enjoy rights onder each other's patents, and tights t-o and under 'Patents, the same as prior to the termlnatien or such agreements. If this agreement is terminated by three years' written notice, as above specified,. the then existing licenses <Jf both parties shall continu€ during the lives of the several -patents. For the purposes of this paragraph, the Telephone Co. and the Western Co. shall be regard€d :as one party and the Westinghouse Co. as the -other party.

In witness whereof the parties hereto have caused i:bis instrument to be executed in. three originals, and their corporate seals to be :there­unto affi:xed, t:he day and year tirst above writ~n, by th.eir proper -officers thereunto duly :authorized.

(Signed) Attest: (SEAL.]

AMERICAN 'TELEPHONE & TELEGRAPH Co., By W. S. GIFFORD, Vice Presid-ent.

(Signed) A . .A. MARSTERS, Secretary.

(Signed) WESTERN ELECTRIC Co. (INC.),

By H. .A. HALLIGAN, Vive President. Attest: [SEAL.]

(Signed) Attest:

(Signed) GEO. ~."'PRATT, Beet·etary. WESTINGHOUSB ELECTRIC & 1\i.AN:uFACTURL.,.G Co.,.

By GuY E. TRIPP, Ohai:rman.

[SEAL.] {:Signed) JAMES C. BENNE'l'T, Becretarv. .

Mr. DILL. 1\.Ir. President, there has also been much discus-sion of the terms of the patent license agreements granted by this Radio Trust to 25 so-called independent competitors to manufacture tuned radio-frequency receiving sets under a roy­alty of 7lh per cent on their turnover, with a minimum of $100,000 a year from each of these companies. Therefore I also ask to have printed in the REooRn the text of the patent license agreement by which the Radio Corporation is illegally attempt.:. ing to control the · sale of tubes, an agreement which has been deelared illegal by the district court , of the "State of New Jersey.

8396 CONGRESSIONAL RECORD-SENATE ~fAy 11 The PRESIDING OFFICER. Without objection, it is so

o·rdered. The agreement referred to is as follows:

TEXT OF RADiO TRUST PATENT LICENSE AGREE~11!NT

LiCENSE A.GREEUENT

License agreement as of ---, 1927, by and between Radio Cor­poration of America, hereinafter termed Radio Corporation, General Electric Co., and Westinghouse Electric & Manufacturing Co., here­inafter termed licen ors, and ---, a corporation of the State of ---, having an office at ---, hereinafter termed licensee.

Witnesseth: That-Whereas the licensors repre ·ent that they severally own and/or have

the right to grant licenses under various United States letters patent useful in tuned radio-frequency receivers as hereinafter defined ; and

·whereas the licensee desires to make lawful use of some or all of the inventions covered by said letters patent of the United States, and to that end desires to acquire the licenses herein expressed;

Now, therefore, in consideration of the premises, the licenses granted herein by the licensors to the licensee, and the covenants herein con-tained, it is agreed that: _

1. Erich of the licensors hereby gt·ants under all of the United States letters patent useful in tuned radio-frequency receivers, as hereinafter defined in paragraph (d) of article 2, owned by it and/or with respect to which it has the right to grant licenses, during the term of this agreement or until it is sooner terminated as hereinafter provided for, and upon the terms and conditions hereinafter set forth, and solely and only to the extent and for the uses hereinafter specified and de­fined. a personal, indivisible, nontransferable, and nonexclusive license to the licensee to manufacture at its factory, located at ---, in the State of ---, and not elsewhere without previous written per­mission obtained from the Radio Corporation, .and to sell only for radio amateur reception, radio experimental reception, and radio broadcast reception throughout the United States and its Territories or depend­encies tuned radio-frequency receivers, as hereinafter defined in para­graph (d) of article 2, so manufactured by the licensee, except that no license is granted in this agreement under any letters patent with respect to which a licensor can grant licenses only upon the payment of royalties.

It is specifically understood and agreed that no license is herein or hereby granted ot· is to be gt·anted, and that nothing herein contained shall be con trued as extending or conveying a license, to manufacture, sell, or use so-called superheterodyne or superregenerative receivers or parts therefor.

Nothing herein contained shall be regarded as conferring upon the licensee, either expre sly or by estop_pel, implication, or otherwise, a license to manufacture or sell apparatus except such as may be manu­factured and sold by the licensee in accordance with the express pro­visions of this agreement. Nothing herein contained shall be construed as conveying any license expressly or by implication, estoppel, or other­wise under any patents of countries foreign to the United States.

2. (a) That the term "amateur reception," for the purpose of this agreement, means reception by one not a professional investigator who is more than a mere broadcast listener, and who evidences his interest in the art of wireless telephony by study, investigation, or experiment in the art.

(b) That the term "experimental reception," for the purpo.:ie of this agreement, means the use in a laboratory, college, school, or scientific society, or in professional investigations, but not in any case reception of messages, directly or indirectly for business purposes.

(c) That the term "broadcast reception," for the purpose of this agreement, is defined as follows: The reception ft•om radio telephone

. broadcast stations of news, music, speeches, sermons, advertising, and entertainments, educational, and similar matter, or any of them, or com­binations of any of them, for the purpose of exhibition, entertainment, or instruction.

{d) That the term "tuned radio frequency receiver," for the pur­poses of this agreement, is defined as follows : A wmplete radio receiver advertised as such and salable to the using public as such, which may include a cabinet, head set, loud speaker, battery eliminator, etc., and adapted to receive a modulated carrier wave embodying one or more in­put circuits, tuned or capable of being tuned to substantial resonance with , the radio frequency of the carrier wave of the signal to be re­ceived, or coupled to a circuit or circuits so tuned or capable of being so tuned ; one or more devices for relaying or for amplifying such signals at the said radio frequency; one or more output circuits, tuned or capable of being tuned to substantial resonance with the radio frequency of the signal to be received, or coupled to a circuit or circuits so tuned or capable of being so tnned ; a single detecting device for directly con­verting the signals, so received and so relayed or amplified, from said radio frequency into audio frequency signal currents ; and, if employed, one or more devices with their associated circuits, for amplifying such audio frequency currents. In any event, the term "tuned radio fre­quency receiver" shall not, for the purpose of this agreement, include the so-called superheterodyne or superregenerative receiver or parts therefor.

3. The licensee hereby agrees to pay to the Radio Corporation a royalty of 7% per cent on the licensee's net selling price of the appa­ratus licensed under this agreement and sold by it during the contin­uance of this agreement, except that no royalty shall be paid on and no reports are required with reference to sales of apparatus purchased from or through the Radio Corporation. That for the pUl'pose of this agreement all apparatus shall be considered as " sold " when the apparatus bas been billed out, or if not billed out, when it has been delivered, shipped, or mailed.

4. The licensee further agrees to pay to the Radio Corporation during the time that this agreement shall remain in force a minimum royalty at the rate of $100,000 per annum. In case this agreement shall ter­minate at other than the end of a calendar year, the minimum royalty for such year shall be prorated to cover such part of such year as shall have elapsed when this agreement terminates.

5. The licensee within 30 days after and as of the 1st days of Jan­uary, April, July, and October in each year, respectively (hereinafter referred to as " quarter days"), shall furnish the Radio Corporation with written statements, under oath, specifying exactly the total ·num­ber of apparatus sold under this agreement by the licensee during the preceding quarter. Silld statements shall show the licensee's net selling price with respect to all such apparatus, the date when each was sold, and the trade or brand name. The first of such statements shall be rendered not later than the fifteenth day after the quarter day next following the date of this agreement, as of such quarter day, and shall cover the period from the date of this agreement to said quarter day. The royalty prescribed herein shall be due and payable on the 30th days of January, April, July, and October of each year upon all such apparatus sold by the licensee during the preceding quarter, or, in the case of tbe first statement, the period covered thereby. Any amount required to bring the aggregate royalty payments made for any calen­dar year up to the amount of the minimum royalty payable for such year, as above provided, shall be due and payable on the 30th day of January of the next succeeding year. The licensee shall keep true, accurate, and separate books of account containing all the information required to be given in the statements provided for in the preceding clause, and shall permit the Radio Corporation or its duly authorized agents or attorneys at any time during usual busines hours to inspect the same.

6. The licensee shall affix to all apparatus manufactured and sold by the licensee under the terms of this agreement a license plate, reading: "Licensed only for radio amateur, experimental, and broadcast recep­tion " and the word " patented," and giving the dates of the patents which are in the opinion of the Radio Corporation used in such appa­ratus. The licensee further agrees that any and all catalogues, cir­culars, or price list , or general advertising of the licensee shall con­tain a statement to the effect that the apparatus so manufactured and sold by the licensee is "Licensed only for radio amateur, experimental, and broadcast reception."

7. In the event of the failure by the licensee at any time during the continuance in force of this agreement to render any of the statements called for herein upon any of the prescribed dates, or to pay all the 1·oyalties required hereunder when due, or to comply with any of the other obligations of this agreement, it is understood and agreed that should the licensee refu e or neglect so to do for 30 days after notifica­tion from the Radio Corporation by registered mail to the last-known place of business of the licensee, of the licensee's failure in any of these respects, this agreement shall cease and terminate, at the option of the licensor, 30 days after notice in writing by registered mail to that effect bas been forwarded to the licensee, but no such cancellation shall release the licensee from any of the liabilities accruing to the licensor hereunder prior to the time such cancellation becomes effective. No failure on the part of the Radio Corporation to exercise its right of cancellation hereunder for any one or more defaults or breaches of cov­enant sllltll be construed to prejudice its right of cancellation for any subsequent default or breach of covenant. Bankl'Uptcy of the licensee shall terminate this agreement, and the Radio Corpo1·ation shall also have the right to terminate it upon the insolvency of the licensee or the appointment of a receiver for its property.

8. Neither this agreement or any of its benefits shall be directly or indirectly assigned, transferred, divided, or shared by the licensee with any person, firm, or corporation whatsoever without the written consent of tbe Radio Corporation, but this agreement shall inure to the benefit of the successor or assigns of the several licensors, but shall not inure to the benefit of the successors, assigns, or any legal representative or the licensee without the consent of the Radio Corporation in writing having first been obtained.

9. Nothing herein contained shall be construed a.s c~nveying any licenses, expressly or by implication, estoppel, or otherwise, to manu­facture, use, or sell vacuum tubes, except to use and sell the vacuum tnbes purchased from the Radio Corpot·ation as provided herein. The Radio Corporation hereby agrees to sell to the licensee and the licensee hereby agrees to purchase from the Radio Corporation the number, and only the number, of vacuum tubes to be used as pat·ts of the circuits licensed hereunder and required to make initially operative the apparatus

1928 CONGRESSIONAL RECORD-SENATE 8397 Ucensed under this agreement, such tubes to be sold by the Radio Cor­poration to the licensee at the terms and at the prices at which they are then being sold by the Radio C<Jrporation to other manufacturers of radio sets buying in like quantities for the same purposes. But the sale of such tubes by the Radio Corporation to the licensee shall not be construed as granting any licenses except the right to sell such tubes for use in and to use them in the apparatus made and sold hereunder.

10. The licensors, or any of them, or the American Telephone & Tele­graph Co., shall have the right to acquire for itself or for any corpora­tion or corporations controlled by any of them through stock ownership of more than 50 per cent of its issued stock one or more nonexclusive license or licenses ou reasonable terms under any United States letters patent owned by the licensee or under which it may have the tight to grant a license or licenses. The terms of such license or licenses shall not be less favorable to the licensed party or parties than any other similar license from the licensee, and such license or licenses shall remain in full force and effect during the continuance of this agree­ment. If the terms of such license or licenses can not be agreed upon, then such terms shall be settled by arbitration pursuant to the arbitra­tion law of the State of New York. The licensee may terminate such right with respect to any licensor and/or its controlled corporations as above defined and with respect to any specified letters patent by serv­ing written notice upon any licensor that unless said licensor shall advise the licensee in writing within six months of its intention to exercise said right with respect to letters patent specified in said notice such right shall terminate at the end of such six months' period.

ll. The licensee agrees to pay and the Radio Corporation agrees to accept, as and for the damages which the licensors have sustained and the profits which the licensee bas made by reason of the licensee's past manufacture, use, or sale of tuned radio frequency receivers, as herein defined, of any of the letters patent licensed hereunder, the sum of --- as liquidated damages therefor.

It is further agreed that such sum is now due and payable to the licensors of which --- is in hand paid, receipt of which is acknowl­edged by the licensors. The licensors, however, hereby agree that, so long as the licensee complies with all of the terms and provisions of this agreement, they will--except as hereinafter provided-postpone collection of the remainder of such liquidated damages until the 15th day of January, 1931. It is hereby agreed, however, that, in the mean­time, the licensors shall credit to the remainder of the payment of such liquidated damages an amount equal to one-third of each payment of royalty made by the licensee to the licensors on or prior to said 15th day of January, 1931, until said damages are fully paid.

·n is further agreed that the obligation of the licensors to postpone collection of the remainder of such liquidated damages shall cease and terminate on said 15th day of January, 1931; and that, in the event of any default hereunder or of any breach of covenant by the licensee, or in the event of the bankruptcy or insolvency of the licensee or of the appointment of a receiver for its property, the obligation of the licensors to postpone collection of such part of the liquidated damages as shall then be unpaid shall immediately cease and terminate, whether or not this agreement shall have then been canceled or terminated by the licensors, as provided for in this agreement; and, in any such event, the obligation of the licensors to credit to the payment of such liqui­dated damages any portion of royalty payments then, or subsequently to become, due shall also immediately cease and terminate.

It is further agreed that the licensee shall not be required to pay interest upon such liquidated damages unless and until the obligation of the licensors to postpone collection thereof shall cease and terminate as above provided.

12. That the term of this agreement shall be four and one-half years from February 1, 1927, unless sooner terminated, as hereinbefore pro­vided. The termination of this agreement, either four and one-half years from date or sooner, shall not release the licensee from any of its liabilities accruing prior to such termination.

In witness whereof the parties hereto have caused these presents to be executed by their proper officers thereunto duly authorized, and their corporate seals to be hereunto affixed, the day and year first above written.

Attest:

Attest:

Attest:

Attest:

RADIO CORPORATION OF AMERICA,

By --- ---, President.

--- ---, Secretary. GENERAL ELECTRIC Co.,

By --- ---, Presidet~t>.

------,Secretary, WESTINGHOUSE ELECTRIC & MANUFACTURING Co.,

By------, President.

--- --- Secretary. By --- ---, Pre8ident.

- ---, Secretary.

In consideration of the obligations contained in paragraph 10 of the foregoing agreement, the American Telephone & Telegraph co. joins in and assents to the grant of the licenses hereinbefore granted by the licensors.

Attest:

AMERICAN TELEPHONE! & TELEGRAPH Co., By --- ---, President.

--- ---, Secretary. JURY SYSTEM-ENFORCEMENT OF PROHffiiTION

Mr. TYDINGS. Mr. President, I ask unanimous consent to have . inserted in the RECORD two articles from the Baltimore Everung Sun of yesterday, one referring to the jury system and the other to the subject of prohibition.

'!'he PRE~I~ING OFFI~ER (Mr. LA FoLLETrE in the chair). Without ObJection, the articles will be printed in the RECoRD.

The matter referred to is as follows: PEBIRS

By Gerald W. Johnson Some of the jurors in the Sinclair case have admitted that they became

so utterly confused before the thing was over that they hat·dly knew what it was all about. This is not surprising, since the case was one of a certain complexity, and to be understood bad to be studied ~itb a concentration of which not everyone is capable.

In New York the other day Mrs. Knapp, admitting many of the facts as charged, nevertheless argued so cleverly that what she bad done was not criminal that she succeeded in banging the jury. There was no great complexity about this case, but a powerful persona.lity impinging upon weaker ones swayed them irresistibly.

In Chicago a few weeks ago a juryman voted stubbornly against a verdict for first-degree murder against bandits who killed a man when he interrupted them in the job of robbing his safe. This juryman stated his belief that a man has the right to stage a hold-up if he can, and that when the intruder refused to put up his hands and made as if to molest the burglar, shooting him became an act of self-defense. This juryman, regardless of his intelligence quotient, is evidently a moral imbecile who iJ! incapable of grasping an ethical point which is as plain as a pikestaff to the normal man.

Well, what of it? Is the system of trial by jury becoming hopeless? These three cases certainly reveal defects in it, and they seem to be very serious defects indeed. It is conceivable that here is evidence that it is rotten to the core.

But is our ~merican system, after all, the old system of the English common law? That provides for the trial of the accused by a jury of his peers. Perhaps the Chicago juryman is actually the peer of the bandits; but it is preposterous to argue that the Sinclair jurors were the peers of the accused intellectually, whatever their relative moral rank may be. It is not likely, either, that the jurors in the Knapp case were the peers of Mrs. Knapp, who is a politician-which is to say a practical psychologist-of exceptional attainments. ·

In the Sinclair case, indeed, we have an unusual proof of this in­adequacy of the · jury. Shortly before his acquittal on the criminal charge, Sinclair had been tried on essentially the same set of facts before jurors who were at least his equals intellectually and morally to wit, the justices of the Supreme Court of the United States. They were not in doubt as to their understanding of the case, and their verdict was not that of the petit jury.

The fact is that a man's peers are likely to be rougher on him than are his superiors. This is well understood by veteran criminals. In Maryland, where the accused may elect to be tried by the court with­out the assistance of a jury, it is exceptional for a man who bas been in court on many petty charges to demand a jury. He knows that he has a better chance with the judge, who is socially and financially as well as morally, his superior. '

In England, once, a nobleman, charged with an offense for which an ordinary court would have given him a fine and possibly a short ~rison term made the mistake of demanding a jury of his peers; that lS to say, of members of the House of Lords. He got it, but be wished he hadn't asked for it, for the lords gave him 20 years.

There is much complaint that it is become practically impossible in America to do anything with rich, prominent, and able scoundrels. Perhaps one way of remedying the situation would be to have them tried by juries who are really their peers. If Sinclair had been ac­quitted by a jury of first-rate business men, men who have made national reputations for their astuteness, his reputation now would be better. Such a verdict would not have been open to the suspicion that it w~s reached by men fumbling through mental obscurity, and therefore Just as likely to return an unjust as a just verdict.

Money enables a man on trial to employ better counsel than ordi­narily represents the State, and astute counsel are able to secure endless delays, and when they do go to trial to obscure the issue and ?bfuscate the jury. But even without this advantage, if the prisoner 1s obviously an able and successful man, he possesses an advantage over a jury likely to include a l&rge proportion of conscious failures.

8398 CONGRESSIONAL RECORD- SENA.TE· l\fAY ll Envy of the rich may influence some verdicts, but respect for and fear of a forceful man probably influences a great many more.

But aside from these debatable factors it is perfectly clear that there are certain cases which should be submitted only to specially selected panels. Consider the Sinclair case, for example ; it was a criminal prosecution, to be sure, but it necessitated the consideration by the jury of some highly complicated business operations, difficult for well-trained busine s men to understand and quite beyond the comprehension of a jury drawn off the street. It is really no wonder certain me~bers of that jury are now admitting that the whole thing was incomprehensible to them.

Similarly in the Kn!liJp case the offense with which the defendant was charged lay in the obscure borderland between official discretion and outright embezzlement. To decide on which side of the line it lies requires a nicety of judgment which the jury admittedly did not possess and it never reached a '--erdict.

o a jury which is to reach a true verdict must be adequate, not only to the defendant but also to the intricacies of the case. Every man above the level of the Chicago juryman already mentioned is aware that murder, tlleft, and arson are crimes, and in such cases it is simply a matter of proving the responsibility of the accused for the offense which bas occurred. Such matte1·s are usually within the comprehension of the first 12 men one meets, and as a jury they are able to return a verdict which is likely to be just.

Even so, a battery of high-priced criminal lawyers and a powerful personality in the accused may defeat justice; but justice has at least a fighting chance. Add to such handicaps a case so intricate that it is altogether beyond the comprehension of the jury, and the cause of jus­tice is lost at the start. It is a gamble then, with natural human sym­pathy stackinf; the cards in favor of the accused.

What, then, is to be done about it? Obviou ·ly, nothing unless and until we revise om notion that all men are equal before the law. All men are not equal anywhere, and money alone does not constitute the difference. A forceful, successful man bas an initlal advantage over any jury not composed of men at least as forceful and successful as be is.

But one proof of a man's forcefulness and success in life is llls ability to avoid jury duty. In this be is powerfully aided by the bar, for the lawyer who has any doubts about his case usually prefers to try it before a jury whose minds he can mold. Therefore be eagerly assists strong men to avoid serving. He doesn't want them.

The recent failures of the jury system are simply another phase of the protean question with which democracy wrestles incessantly­namely, bow the great mass of mediocre men is to control strong and unscrupulous individuals.

FANATICS BARBED WAY TO A REALLY DRY AMERICA

(The Rev. C. W. Tinsley, pastor of West View M. E. Church, writing in the Pittsburgh Press)

For years before 1920 the evils of drink in the United States were lessening, the per capita consumption was decreasing, drunkenness was more and more frowned upon as an inexcusable vice, and social custom was banishing the use of intoxicants from reputable circles. Even ex­treme prohibitionists concede all this. The situ.ation was not desperate, tlle patient was convalescent and did not require this violent form of surge1·y. The people were finding ways to lessen the drink evil, alcohol wa · being banished from medical practice as useless, and a really " dry" America was on the way, and no doubt would have arrived in time under more local and popu1ar "methods," even if Volsteadism bad never been imposed upon the Nation.

It was not because there was no other or better way, but because an intense, intolerant, impatient minority sought a short cut to reform tba t this assault· upon our Federal Constitution was made. Even grant­ing that a majority did it-that does not make it either right or wise. Majorities have no right to impose upon the rest of the people their notions of social conduct when the thing prohibited does not " neces­sarily " infringe upon the rights of others. American " citizens" should never be made "subjects" in matters of social. habit and custom. Be­fore 1920 we supposed that our Federal Constitution was full protecti~n against such tyranny.

To-day "force" bas fascinated - the minds of many church leader·s­a sinister sign of the decadence of faith in sph·itual forces. The spirit of t)le Ku-Klux Klan has invaded certain groups of the Protestant Church. They act ns if might cou1d make things right. They wou1d compel men to conform to their notions re pecting temperance, the Sabbath, etc.

That "state of mind" is chiefly an inheritance from Calvinism, which held to the ideal of a Biblically controlled society.

They say " God's Word " can make the world right; so write His name in the Constitution, for this is · a "Christian Nation." It's the same narrow spirit that caused the burning of the witch and the whipping of the Quaker. Christians should not give it any sanction.

It is high time that all good citizens call a halt to the efforts of these sh1cere but utterly mistaken people in their attempts to "regu1ate" evet·ybody.

This is not a "Christian Nation'' and never was. Genuine Ameri­canism forbids any such false claim. If it were really " Christian" it would not try to compel total abstinence through " force."

Churches sbou1d not attemPt to "dragoon the body, but to convince the soul," to use President Coolidge's apt phrase.

AGRICULT RAL DEPARTMENT APPROPRIATIONS

The PRESIDING OFFICER (Mr. LA FoLLETTE in the chair) laid before the Senate the action of the House of Representa­tives receding from its disagreement to the amendment of the Senate No. 98 to House bill 11577, the Agricultural Department appropriation bill, and concurring· therein; receding from its disagreement to certain amendments of the Senate to the said bill and agreeing thereto severally with an amendment, and also insisting upon its di agreement to the amendment of the Senate No. 100, which was read, as follows: ·

IN THE HOUSE OF REPRESENTATI>ES, U. S., May 10, 1928.

Resolt·ed, That the House recede from its disagreement to the amend­ment of the Senate No. 98 to the bill (H. R . 11577) entitled "An act making appropriations for the Department of Agriculture for the fi cal year ending ;Tune 30, 1929, and for other purposes," and concur therein.

That the House recede from its disagreement to the amendment of the Senate No. 56, and agree/ to the same with an amendment as follows:

In lieu or the matter inserted by said amendment insert the following : "Horticultural experiment station, Cheyenne, Wyo.: to enable the

Secretary of Agriculture to carry into effect the provisions of the act entitled "An act providing for horticultural experiment and demonstra­tion work in the semiarid or dry-land regions of the United States," approved March 19, 1928, including the erection of buildings and fences, the construction of irrigation facilities, the employment of per­sons, and for other neeessary expenses, to be immediately available, $100,000 : Pt·ovi4cd, That the limitations in this act as to the cost of buildings shall not apply to this paragraph."

That the House recede !rom its disagreement to the amendment of the Senate No. 59, and agree to the same with an amendment as follows:

In lieu of the sum inserted by said amendment insert "$4,380,436." That the House recede from its disagreement to the amendment of

the Senate No. 80, and agree to the same with an amendment as .follows:

In lieu of the sum inserted by said amendment insert " $650,000." That the House recede from its disagreement to the amendment of

the Senate No. 84, and agree to the same with an amendment as follows:

In lieu of the sum inserted by said amendment insert the following: "$1,125,500: Provid-ed, That the Secretary of Agriculture shall inves­tigate and report to the next regular session of Congress .as to the feasi­bility of a five-year cooperative program, or a program extending oYer such term of years as to him shall seem most advisable for tbe purposes in view, for the eradication, suppression, or bringing under control of predatory animals within the United States, and the· estimated cost thereof as compared to the present method."

That the House recede from its di agreement to the amendment of the Senate No. 85, and agree to the same with an amendment as follows :

In lieu of the sum inserted by said amendment insert " $1,165,000." That the House recede from its disagreement to the amendment of

the Senate No. 86, and agree to the ·same with an amendment as follows:

In lieu of the sum inserted by said amendment insert " $211,000." That the House recede from its disagreement to the amendment of the

Senate No. 99, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment, insert the fol­

lowing: "FLOOD R_ELIEF, VERMONT, NEW HAMPSHIRE, AND KE!oi"TUCKY

"For the relief of the following States as a contribution in aid from the United States, induced by the extraordinary conditions of necessity and emergency resulting from the unusually erious financial los to such States through the damage to or destruction of roads and bridges by the floods of 1927, imposing a public charge against the property of said States beyond their reasonable capacity to bear, and without acknowledgment of any liability on the pa1·t of the United States in connection with the re toration of such local im'Provement , namely: Vermont, $2,654,000; New Hampshire, $653,300; Kentucky, '1 88!),994; in all, $5,197,294, to be immediately aYailable and to remain available until expended: Provided, Tilat the sums hereby appropriated shall be expended by tbe State highway departments of the r csp ctive States with the approval of the Secretary of Agriculture for the restoration, including relocation, of roads and bridges so damaged or destroyed, in such manner as to give the largest measure of pc1·manent relief, under rules and regulations to be pr<.>scribed by the Secretary of Agriculture: P,t·ovidcd fut·thcr, That the amount hel'ein appropriated fOl' each State

1928 CONGRESSIONAL RECORD-SEN ATE 8399 shall be available when such State shall have or make available a like sum from State funds for the purposes contained herein."

That the House recede from its disagreement to the amendm'ent of the Senate No. 102, and agree to the same with an amendment as follows :

In lieu of the sum inserted by said amendment insert " $139,138,-793.88."

That the House furtfier insist on its disagreement to the amendment of the Senate No. 100.

Mr. McNARY. I move that the Senate agree to the amend­ments of the House to the amendments of the Senate numbered 56, 59, 80, 84, 85, 86, 99, and 102, and that the Senate recede from its amendment numbered 100.

The motion was agreed to. TAX REDUCTION

The Senate, as in Committee of the Whole, resumed the con­sideration of the bill (H. R. 1) to reduce and equalize taxa­tion, provide revenue, and for other purposes.

The PRESIDING OFFICER. The question is on the commit­tee amendment on page 15.

Mr. SMOOT. Mr. President, I suggest the absence of a guo rum.

The PRESIDING OFFICER. The Secretary will call the roll.

The Chief Clerk called the roll, and the following Senators answered to their names : Ashurst Fess La Follette Barkley Fletcher Locher Bayard George McLean Bingham Gerry McMaster B~~ Gillett M~acy Blaine Glass Mayfield Blea. e Goff Metcalf Borah Gooding Moses Bratton Gould Neely Bt·ookhart Greene Norbeck Broussard llale Norris Bruce Harris Nye Capper Harrison Oddie Car a way Hawes Overman Copeland Hayden Phipps Couzens Heflin Pine Curtis Howell Pittman Cutting Johnson Ransdell Dale Jones Reed, Pa. Deneen Kendricks Robinson, Ind. Dill Keyes Sackett Edwards King Schall

Sheppard Shipstead ShortTidge Simmons Smoot Stelwer Stephens Swanson Thomas Tydings Tyson Vandenberg Wagner Walsh, Mass. Walsh, Mont. Warren Waterman Watson Wheeler

The PRESIDING OFFICER. Eighty-five Senators responded to their names, a quorum is present.

having

MOTHERS' DAY

Mr. SHEPP .ARD. Mr. President, I ask unanimous consent that to-morrow, at the beginning of the . ession, the senior Sen~ ator from West Virginia [Mr. NEELY] be permitted to address the Senate on the subject of Mothers' Day.

The PRESIDING OFFICER (Mr. LOCHER in the chair), Without objection, it is so ordered.

WATER POWER AND ELECTRIC TRUSTS

Mr. NORRIS. Mr. President, recently there was held in the city of Washington the annual meeting of the ·chamber of Com­merce of the United States. .At that meeting a remarkable address was delivered by Mr. Edwin B. Parker, chairman of the board of the Chamber of Commerce of the United States. The address is quite lengthy and I hardly feel justified in having it printed in the CoNGRESSIONAL RECORD in its entirety, but I can not permit the occasion to pass without calling the attention of the Senate and of the country to at least some very imp01·tant extracts from that eloquent and logical address.

If the doctrines proclaimed in that address by 1Ur. Parker were lived up· to by the business men of the United States, a large portion of whom, as far as money is concerned, he was addressing when he delivered his speech, many of the difficul­ties that confront society would disappear.

He said, for instance : The times demand straight thinking and frank speaking. They de­

mand that we consider the disturbing evidences of a business atavism, of a throwback to a day of unrestrained individualism, a day of " the public be damned," when men of great business ability, with an eye single to their own selfish interest and immediate returns, and without regard to the future, ruthlessly pursued their predatocy lusts in a spirit of " after me the deluge ! ,.

The recent conspicuous examples of individuals, prominent in big business, becoming intoxicated with power and involved in transactions tainted with fraud and corruption, violating every principle of sound business conduct, holding themselves above the law, are not peculiar to this day nor to the profession of business. Every generation, every pro­fession has its unfaithful members. But business, which bas lately been defined as " the oldest of the arts and the newest lif the professions," must, in order to maintain its professional status and reap the unques-

tioned advantages of group action, scrupulously discharge its group resp,onsibilities.

Among these responsibilities is to see to it that the profession of business is purged of those pirates whose acts stigmatize and bring business generally into disrepute. Such individuals, unminUful of their duties to the public, inevitably bring upon themselves and the entire institution of business the thunderbolts of public wrath in terms of legislative and governmental regulation that hamper a legitimate free­dom of initiative. Ruthless and selfish initiative must be curbed in the public interest and in the interest of legitimate bu iness.

l\1r. President, in the few minutes that I have before 3 o'clock it will be impossible for me to read as much of that fine address as I should like to. I ask, therefore, to include in my remarks at this point the marked passages in the address, which I send to the clerk's desk.

The PRESIDING OFli'ICER (Mr. LA FoLLETTE in the chair). Without objection, it is so ordered. . The matter referred to is as follows:

Business does not exist unto itself alone. Business exists only by reason of what it does for others. It finds Hs opportunities to con­tinue and to develop only in advancing the welfare and the happiness of all those from whom it buys, those to whom it sells, and those whom it employs. In the final analysis business deals with human welfare and human happiness. Its function is to find ways of pro·­moting human welfare and of adding to the opportunities for human happiness. Without teamwork that function can not be successfully performed.

• • • • • • • Just as nations will decline to rP.cognize, as a member of the family

of nations, a government committed to destroying the foundations of our civilization; just as the legal profession has taken mea ures for disciplining and disbarring the "shyster"; just as the medical pro­fession purges itself of the unethical practitioner, so business will decline to recognize as a member of the profession of business, and trade associations will decline to receive into their ranks, or will expel, an individual or an organization that willfully violates the fundamental principles upon which sound business rests, or that per­sists in ignoring the -decencies of business· intercourse, and besmatters all business witl1 the slime of corruption or with the muck of unclean practices.

Shall the business community as a whole lose the ground that it has painstakingly and deservedly gained in order that a few-a very few in relation to the vast host engaged in American business--a few who hold themselves above the law, may crash through and demolish the canons of sound business practices? Those canons have been set up by organized business for its self-government not only for its own protection but as an assurance to the public that business may be trusted to formulate and enforce its own rules of fair play-its rules of good sportsmanship--and to do and do thoroughly its own housecleaning. If organized business is content to sit supinely by and permit the ruthless few to undermine the sound foundation on which it rests, then, indeed, does business richly deserve that swift mani­festations of public indignation that will surely be visited upon it.

Much has been said and written of late of the betrayal of public trusts by those in high places. All such must be dealt with by the courts and by the voters to whom they are accountable. I have neither the time nor the disposition to deal with them here. The present concern of business is to cast the beam out of its own eye ; to purge itself of those corrupters of public servants whose moral tUI'pitude in making possible the betrayal of a public trust is even greater than that of those whom they would debauch; and to put the ban of out­lawry upon those who have a contempt for the public interest, those who have a contempt for the Government that affords protection to them and to their property, and those who have a contempt for our institutions of justice. Organized business will have the courage and the sound judgment to cast out these defilers of the institution of business, both in its own interest and in the interest of the public, which in turn will be quick to brand the offenders with the contempt which they richly deserve.

Leaving all public agents entirely out of the picture, and dealing solely with the shortcomings of its own members, business is here con­cerned with purging its profession not only of the principal offenders but of those accessOiies, either before or after the fact, who, unmindful of the public interest involved and of their duties to the public, are guilty of a suppression of the truth which the public has a right to know.

It is the function of government to deal with crime. But there is a twilight zone between acts which are illegal and criminal on the one hand and acts which are simply unmoral on the other. Tbose whose conduct fal1s within this zone, whose acts, while within the law, are repugnant to the public interest, must be branded as social outlaws.

We are here concerned in awakening the seemingly dormant business consciences of many of the stockholders of corporations who, through nonaction, impliedly place tbe seal of their approval on the acts of

8400 CONGRESSIONAL RECORD-SEN ATE ~fAy 11 their offending agents. All such owe it to themselves, to the profes­sion of business, and to the Government publicly to repudiate those who misrepresent them. They can not accept the profits flowing from corruption and escape the moral stigma whlch inheres in such profits. Neither can they permit those who act for them to profit personally through corrupt corporate transactions or shield others who do.

• • • • * • • This chamber is committed to the pr·inciple that government should

not enter the realm of business to undertake that which can be success­fully performed in the public intere t by private enterprise. This principle is politically and economically sound. We are here con­cerned in pointing out to business men everywhere that this principle is in far less danger from the propaganda <Jf radical agitators than from the members of the business profession who are faithless to their obligatitms, who break down public confidence, and who provoke Gov­ernment regulation!

Congressional investigations of particular busine s activities are sometimes bitterly denounced. Many congressional investigations are of the highest value to the public, including business. The demoraliza­tion to legitimate business that sometimes follows in their wake can be largely avoided by organized business doing its own inyestigating, and frankly and fully laying all pertinent facts pertaining to any busi­ness aJiected with a public interest before the tribunal <Jf public opinion. A business which can not stand this acid test is not entitled to prosper. The public, which is entitled to know the facts, will be satisfied with nothing less. Organized business should itself perform this task in its own and in the public interest. Failing to do so, Congress should and will act.

• • • • • " Slacking" did not end with the war. Every member of the pro-

fes ion <Jf business who fails to observe the canons of decency and fair play and good sportsmanship, or everyone who, living up to those canons himself, lacks the courage to speak out in condemnation against that minority which brings business into disrepute, is " slacking" in his duty-in his duty to himself, in his duty to business, and in his duty to the public. And organized business, if it is to continue to deserve public confidence, must brand such "slackers " business outlaws.

• • • • • • • The machinery is at hand. Let us use it to the full. Will not this chamber at this its sixteenth annual meeting repudiate

those whose ruthless methods tend to discredit all business, and re­affirm its allegiance to those sound principles of conduct which beget confidence, upon which to endure all business must rest?

As members of this American federation of business, shall we not pledge <Jurselves to team play with every element of the community of which we are a part, and with our neighbors of other lands, to achieve an all-embracing prosperity, inclusive of all groups and all clas.-es?

Shall we not dedicate anew our best efforts to the diligent pursuit of the greatest of all vocations-the business of right living-preclaim­ing to the world that he who would be great among us must become the servant of all?

Mr. NORRIS. I repeat, if the doctrines that should con­trol business as advocated by this able man had been in force, and the business world had adhered to the principles that he ha laid down, we would have had no Sinclair ca e ; we would have had no Teapot Dome steal; we would have had no steal­ing of the public lands at Elk Hills, in California, by Mr. Doheny; it would have been unnecessary to have such a thing as a Daugherty investigation, or a Daugherty trial in New York City. Forbes and Fall and Miller would have been unable to sell the power that they had by virtue of holding public office, because there would have been no dishonest busi­ne s men to buy them.

But while this speech was being made, an investigation of big business was going on before the Federal Trade Commis­sion, and some wonderful disclosures were taking place there. I read a letter printed in the Washington Herald on May 9, written to J. J. Davidson, president of the National Electric Light Association, by Mr. Charles Penrose, a brother of the late Senator Penro e.

I will omit the formal part of the letter, which I ask may be printed, but will read from the main part.

DEAR MR. DAVIDSON: I greatly appreciate your sending me, received this morning, the editorial from Omaha Bee of January 2. It is fine and very much to the point in the present situation. I shall see that copies get to fruitful spots in Pennsylvania.

Then he goes on to thank this man to whom he is writing for th!s editorial in the Omaha Bee, which he uses in the State of Pennsylvania, where they are trying to overthrow the ad \·ocates of public ownership of public utilities, particularly GoYernor Pinchot.

I ask that the balance of the letter, together with the com­ment unaer it made by the editor of the Herald, be printed at this point as a part of PlY remarks. '

The PRESIDING OFFICER. Is there objection? There being no objection, the matter was ordered to be printed

in the RECORD, as follows : LOBBY PICKS "FRUITil'UL SPOTS "

(Personal)

PHILADELPHIA, January ~, 19U. J. E. DAVIDSON, Esq.,

President National Electric Lig]J,t Association, Care Nebraska Power Co., Omaha, Nebr.

DEAR MR. DAVIDSON: I greatly appreciate your sending me, received this morning, the editorial from Omaha ·Bee of January 2. It is fine and v~ry much to the point in the present situation. I shall see that copies get to fruitful spots in Pennsylvania.

The deeper we go into it the greater appe.ars the realization outside of Pennsylvania of the menace nationally of Pinchotism. In this morn­ing's mail is a letter from lHr. Layman, president <Jf Wagner Electric Corporation at St. Louis, from which I quote in his reference to the giant power situation:

" Some of us outside the State of Pennsylvania have come to look upon Governor Pinchot a a very great menace in public life. Political ambition seems to be his guiding motive, and it is certainly leading him to dangerous lengths."

In the same mail is a longhand letter written on New Year's Day from the president of Mississippi Power Co., Mr. Eaton. I am having it copied in order to attach hereto, as expressing the same thought.

Unmistakable approval of what we are attempting to do to combat Pinchotism is expressed in another letter, dated De~mber 31, from one of the vice presidents of Bankers Trust Co., of New York. Literally, I could cite scores of letters.

I know all of this will be of interest to you at this time. With warm regards,

Sincerely yours, CHARLES PE~ROSE.

Cc. t<J Maj. J. S. S. Richardson, 1410 Widener Building, Philadel­phia, Pa.

Here is Exhibit 1260 in the Federal Trade Commission's current investigation of the power lobby and the so-called Power Trust.

It is a letter from Charles Penrose, brother of the late Boies Penrose, Republican "boss " of Pennsylvania. Charles Penrose is thanking the president of the National Electric Light Association for sending him an Omaha editorial attacking Governor Pinchot's water-power plans.

Mr. Penrose will ee that this editorial "gets to fruitful spots in Pennsylvania " ; that is, he will see that it is published in Pennsylvania newspapers.

Penrose sends a copy of his letter to Maj. J. S. S. Richardson, wlto until June of this year was director of the Pennsylvania Public Service Information Committee, the Pel1llsylvan1a State propaganda organiza­tion. From this job he was last June promoted to be publicity director of the national power lobby.

Very likely Richardson helped Penrose get the anti-Pincbot editorial " to fruitful spots." The present Trade Commission inve tigation has r evealed a letter written to Richardson by the president of the New Jersey Gas Association, and reproduced in facsimile in this newspaper yesterday morning, giving the names of New Jersey newspapers to which llichardson was to send "some of the editorials which are fur­nished by y<Jur bureau."

Another letter to Richardson, disclosed by the Federal Trade Com­mission, is one complimenting him on the publication of anti-Pinchot editorial material on the editorial page of the Philadelphia Public Ledger. C. R. Stull, of the investment department, Am erican Gas Co., wrote Richardson in August, 1925 :

" I want to compliment you on getting this material together as you did, and further for your ability in have it appear in the Ledger in the form which this is ·ue carried it."

Before holding the jobs with the P ennsylvania and national power lobbies, Major Richardson was city editor of the Philadelphia Public Ledger.

Mr. NORRIS. There was offered in evidence before the Fed­eral Trade Commis ion a vast amount of correspondence. It would be interesting, if we had the time, to read all of the cor­respondence that bas been taking place between the officials of the great Water Power and Electric Trusts. But here is a letter dated January 22, 1925, offered in evidence, written on the letterhead of the Philadelphia Co., Pittsburgh, Pa. The letter is as follows :

Mr. J. S. S. RICHARDSON,

{Exhil.Jit No. 1192] PHILADELPHIA CO.,

Pittsburgh, Pa., Ja11uary 22, 1925.

Director P~nnsylvania Public Service Information Committee, 930 City Ce-nter Building, Philadelphia, Pa.

DEAR MR. RICHARDSON : At the meeting to-day of the western Pennsyl­vania executive committee of the Pennsylvania Public Service Informa-

1928 CONGRESSIONAL RECORD-SENATE 8401 tion Committee we discussed the r~um6 of analysis made by the Illinois Committee on Public Utility Information of the accredited text­books used in the regular courses of the Illinois public schools relative to their treatment of public utility problems. We were astonished at some of the statements to be found in these textbooks. No doubt the books in our own State are much the same.

Mr. Shearer, of Altoona, advised us that the Electric Association had this matter in hand and was making an investigation of Pennsylvania textbooks, and that he would send us a list of the books. Everyone was very much interested. It would seem that here is something that our committee might take a real interest in and see where we could help.

The thought occurs to me that the reason· why so many educators are more or less hostile to big business is in many cases due to the fact that they themselves are not successful in a business way. There ought to be some way in which educators could be better paid. It would certainly help to cure at least some of their mental bias.

The same thought has come to me in regard to ministers, who are gen­erally unfairly critical of corporations, including public-service companies. However, this is going pretty far afield, but nevertheless I believe that leaders in our business life could well consider the advisability of giving some real attention to the economic welfare of educators and others who are largely responsible for training the minds of our children.

As I write, the final thought comes to me in regard to the textbook matter-would it not be possible for some of our men to approach the large publishers of textbooks and produce some quick results in clearing up the situation?

We were very sorry to miss you, and hope to see you at the next meeting.

Very truly yours,

That letter was answered on January 24. as follows:

Mr. A. W. RoBE:&Tso::-.-,

A. W. ROBERTSON.

The answer reads

J A::-<'UARY 24, 1925.

Vice Pt·esident a11(l Geneml Attcwney Philadelphia Co., Pittsbut·gh, Pa.

MY DEAB 1\i:R, ROBEllTSON : Apparently I bad overlooked informing you that for the past three months this bureau has been engaged in making an analysis of textbooks used in the schools of Pennsylvania. The survey is nearly three-quarters complete, and should be finished very soon.

We have encountered obstacles in this State which, I am informed, do not exist in other States. For instance, each district superintend­ent in Pennsylvania appears to have carte blanche in selecting such textbooks as be deems proper. Consequently we have bad to cover much ground. The returns show that several unwholesome textbooks are being used.

I was very glad to note your expressions relating to the underpay­ment of teachers. If the utility companies, in a discreet way, could foster a movement for adequate remuneration of teaching personnel in our public schools, I am convinced good results could come. The reason some of those superintendents approve the use of so-called Gov· ernment and municipal ownership propaganda in textbooks is the usual reason for indorsing such stuff. They are sour. Their outlook is dis­torted and their judgment warped through personal disappointment.

That is true also of some denoiBinational ministers, though not to the same extent.

I regret my inability to attend your meeting, and assut"e you I shall make strident efforts next month.

Very truly yonrs, J. S. S. RICHABDSON.

Here is a letter that was offered in evidence, dated January 21, 1925, directed to Mr. Aylesworth, managing director of the National Electric Light Association:

[Exhibit No. 954] JANUARY 21, 1925.

Mr. H. H. AYLESWORTH, Managing Direotor NationaJ Eleotric Light Association,

!9 West Thirty-ninth Street, Nf;.W Yorl• Oity. MY Dl!IAB MR. AYLESWORTH: I have not replied to your wire relating

to the Chicago meeting of the 28th and 29th, as Mr. Oxley assured me personally he would list me among the starters.

By the way, do you desire an itemized bill of my expenses incurred in preparing the article on the Smithsonian Institution Niagara mono· graph and unloading it in Washington?

With sincere personal regards, Yours very truly,

J. S. S. RICHA.l!DSO::-<~ Director.

Here is a letter signed by Samuel S. Wyer, who is probably the man who was the author of this article referred to in the Ieter I have just read. This is written to Mr. Richardson, and reads:

[Exhibit No. 9381

MuscLE SHOALS, June .$, 1925. Mr. ;r, S. S. RICHARDSO::-<,

Director Penn81flvan.fa Publio Service Information Committee, 990 Oity Center Building, Ph4Zadelphta, Pa.

DEAR Sm: I assume you have received the newspaper story on my Muscle Shoals paper to be released June 7, which Mr. Oxley has arranged to send out.

I understand that Mr. Oxley has also arranged to send a copy of the reprint direct to each Member of the incoming Congress in addition to all of the daily newspapers in the United States: It has occurred to me that some live newspaper man could write a most interesting Muscle Shoals symposium by getting in touch with leading Members ot Congress and get an expression from them regarding the Muscle Shoals situation after they have read the report. Furthermore, I believe that such a program would be of very great service in securing a wider ditfusion of this information-

He is talking about his own pamphlet, which he sent out-The electric industry to-day is very much under fire primarily

because of the misinformation on Muscle Shoals; and one of the most effective ways of righting public opinions will be to show the insig­nificance of Muscle Shoals and, therefore, the needless fears from the fictitious Power Trust.

If this suggestion appeals to you and you can do anything with it, then merelY" act along the lines indicated by your own judgment.

I am inclosing four reprints that you might want to use with local newspapers.

Yours truly, SAMUEL S. Wnm.

Samuel S. Wyer is the same man who has figured in other exhibits offered in evidence. He is the same man who several year..., ago this trust sent over to Canada. He went over there and with many false pretenses he secured information and gave out misinformation to the people of the United States, all in the name of the Smithsonian Institution in the United States, and tinder the theory that he was acting for it. I exposed that fraud in the Senate shortly after it occurred and put into the RECORD at that time, two or three years ago, the letter of reply written by Sir Adam Beck. It seemed to me then, it still seems to me, that those in charge of the Smithsonian Institution were conniving with this Water Power Trust through the instru· mentality of this Wyer to put out misinformation to the people of the United States under the guise that it was scientific in­formation coming from the Smithsonian Institution. I said then that the head of such an institution who would permit anyone in the name of the institution to participate, even- though he might believe be was on the right side, in an activity of that kind, misrepresenting a friendly nation, ought to have been removed from the institution. This bears out that I was right at that time. He ought to have been removed for thus bringing the name of a great institution into disrepute in behalf of the Power Trust in a disreputable way, without letting the people of the country know that this man was paid by the Power Trust for the efforts he was making. This letter shows what a willing tool this man was of the Power Trust.

I have only a few minutes left, and I think I will be justified in reading a letter from my own State that was offered in evi­dence before the Federal Trade Commission. This letter is dated January 28, 1926. It is written on the letterhead of the Nebraska Power Co., which is a concern affiliated with the trust. It was written to Mr. R. V. Prather, secretary-treasurer Great Lakes division, National Electric Light Association, 205 Illinois Mine Workers' Building, Springfield, Ill. It is as follows:

[Exhibit No. 343]

Mr. R. V. PRATHER, Secretary-Treasurer,

NEBRASKA POWER Co., Omaha, Nebr.~ Ju1~ 28, 1926.

Great Lakes Divisio1~, National Electric Li.g11t Association~ 205 Illinois Mine Workers Building, Springfield, Ill.

DEAR MR. PRATHER: I wish to thank you for your letter of June 22 for the proceedings of your last meeting, which are both very interest­ing, indeed. You have a great division and are doing splendid work.

As you say, you are fortunate in having several large companies who can spare men to do the work. We are in rather sparsely settled territory and find it bard to get anything of real value done.

You very kindly requested me to ask any questions which came to my mind. At this time I am particularly interested in public-utility infor· mation work. In Nebraska we have a newspaper man in c~arge of this work, but about all we are doing is putting out a weekly bulletin to all the newspapers in the State. We find that a . certain proportion of this material is used by t.be country papers, although not as large a proportion as we would like.

. .

8402 CONGRESSIONAL RECORD-SENATE l\{Ay 11 So they are sending to every newspaper in the State their

bulletins, their side of the controversy, and I presume the readers of those papers, if they read the articles, have no information that they are coming from the Water Power Trust.

It would appear from your proceedings as if you are doing consider­able work among the schools in your area. We receive reports from your public-speaking activities and know that they are very extensive.

I would be pleased to know if there are any other activities engaged in by the utility-information committee, and would also be glad to know what you do with regard to school work.

They are trying to get ready to go after the school children of Nebraska.

Any pamphlets you have which have been distributed among the schools of your district would be appreciated.

We feel that here in Nebraska there is a fertile field for work in the State which produces a HowELL and a NORRIS. We feel that this work in tlle past bas not been done, and we are particularly anxious to get any -information we can about what a public-utility information com­mittee could do in addition to sending out the weekly bulletins.

I call the attention of my colleague to the fact that­They have him on the list, And they're su~e he won't be mis ed.

Thanking you for your courtesy in supplying the information already given and trusting that we are not troubling you too mu~h in asking

. for this further information, we are Yours very truly,

MACKIMON.

So, Mr. President, if we would follow the E:'vidence, we would find there is no locality in the United States that is being missed by this great corporation, and E:'verywhere it is developing, so far as anything in that line has developed at all, that they are starting with the children in the school. , they are putting the poison into the minds of the growing children, they are doing it under a deceptive practice, they are doing it without letting the children or the parents of the children know that they are getting information from men whose reputations may be establi bed in the communities, but they are secretly drawing pay from this great trust.

Mr. ·HOWELL. 1\lr. President, will the Senator yield? . Mr. NORRIS. I yield.

Mr. HOWELL. I would like to ask my colleague if there i any evidence indicating that Mr. Wyer was paid by the electrical interest of this country for the pamphlet that wa is. ued under the auspices of the Smithsonian Institution.

Mr. NORRIS. Oh, ye ; it was paid for by the National Electric Light Association. I. do not think that is disputed. He was paid, as some other endence has already developed, for other work he did in Ohio, either directly by the Electlic Li(J'ht Association or some one of the corp(}rations connected with that organization.

MEMORIAL .ADDRESSES ON THE LATE SENATOR WILLIS

The VICE PRESIDENT. The hour of 3 o'clock having ar­rived, the clerk will read the special order.

Tile Chief Clerk read as follows : Onlered, That Friday, May 11, at 3 o'clock p. m., be set aside for

memorial addres es on the life, character, and public services of Ron. FRANK B. WILLIS, late a Senator from the State of Ohio.

Mr. FESS. Mr. President, I ask that the resolutions which I send to the desk be read and adopted.

The VICE PRESIDENT. The resolutions will be read. The - reNolutions (S. Res. 231) were read, considered by

unanimous consent, and unanimously agreed to, as follows: Resol~d, That the Senate has heard with profound sorrow of the

death of Ron. FRANK B. WILLIS, late a Senator from the State of Ohio. Resolved, That as a mark of respect to the memory of the decea ed

the bu iness of the Senate be now suspended to enable his associates to pay tril>ute to his high character and distinguished public service.

Reso,ved, That as a further mark of respect to his memory the Senate at the conclusion of these exercises shall stand in recess.

Resolved, That the Secretary communicate these resolutions to the House of Representatives and transmit a copy thereof to the family of the deceased.

Mr. FESS. 1\Ir. President, on such sad occa ions as will mark thi hour it is very difficult for one who has been very closely associated with our departed friend to utter what is in his heart, and I do .not intend to speak at any length whatever.

I knew Senator WILLis probably as intimately as anyone out­side of his own family would know him. I learned to love him when be- first came to the university in which I was at that time a teacher. He was not only in my classes, but he studied his Latin under Mrs. Fess, who was also a teacher in the uni-

versity. That brought him into close intimate relationship with our family. He frequently came to the home, and later on, with two other students who were quite favorites of ours, was a frequent visitor not only at the home but at the table. I learned to know him very intimately and grew into a very high appreciation of his qualities.

When we analyze characters of his sort, quite naturally we look into what he received from his ancestry and also from his a sociations with books and friends. From that source of judg­ment, Senator WILLIS was rich in promise. We find that the Willis family dates back in America as far as 1630, only 10 years after the landing of the Pilgrim Fathers. I also note that one of his ancestry owned the property which has been ·o distinguished by the literature of a great poet in which he christened Wayside Inn. One of the Willis ance try owned all the property surrounding this particular locality. An an­cestor of the Senator built the famous Way ide Inn. The grandmother of the Senator lived there and was marlied in that famous hostelry. In the famous inn to-day has been placed the furniture by a brother of the Senator, who had collected it in other days and later returned it where it now is.

Senator WILLis came from an unu ually patriotic stock. The father and mother, caught up in the excitement of the move­ment west, and especially in that stimulating era of 1849, tarted west and got as far as Kansas in 1 50, and, because of

illnes , they in time returned and took up their permanent re i­dence in Ohio. While in the West the Senator's father fell under the influence of the leadership of Abraham Lincoln when he attended some of the famous debates between Lincoln and Douglas, and became later (}ne of the ardent advocates of the war Pre ident. I am of opinion that this background will largely explain a certain type of thought that dominated Senator WILLis throughout hi public life.

I recognized, as soon as an opportunity wa given to test him as a pupil, that he was one of the brightest that has come to the university. The one subject which appealed to him most was hi tory. Later on he pecialized in that subject together with the ldndred subject of political science. He was all eyes and ears for anything of a political nature. The literary societies of the college gave him a forum for his talent, that of oratory. Senator WILLIS was a very clear-headed thinker, and I sometime think in his frequent addresses that he spoke often without the preparation that he was so capable of giving any ubject which he might attack.

Senator WILLIS became one of the most popular men of the college, and on the day of his graduation wa made a member of the faculty. I was very closely associated with him in that when I left the university he became my succes or, taking up the work that I left. Soon after I had gone he entered the political field. He had been elected to the State legislature, where he added to his record laws that reflected credit upon a constructive mind. He wa later promoted to member hip in the lower House of Congress. When I came to Oongre s in 1913 I found my former pupil there to greet me. 'Vhen I walked down the aisle to take the oath of office -I was honored by being accompanied by him to the dais of the Chamber.

After two terms in the House, where he had been very active upon many lines of legi lation, he was promoted to the aovernorship of our State in 1914. Later on he was elected to this body. When I was elected in 1922 I was greeted at the door here by my former pupil, Senator WILLIS, and was accom­panied down the aisle by him. He said to me, "The one thing that I wish .could happen would be that our old friend, Doctor Lehr," the president of the college which opened its doors to him and thousands of others, "could be alive and ee his two boys walk down the aisle of the United States Senate together.''

I know very few men who have the lofty ambition to achieve in public life, a did Senator WILLIS. He had <> completely de­voted himse~ to public service that at times he was criticized because, it wa said, he was doing nothing except serving the public. I recognized that his ambition from the beginning was to be a public servant, and it was perfectly natural, with the background this man had, with the possibilities of the future in a Republic like ours, that he should have an ambition, if the way were opened, to pas from this body to even a higher pro­motion.

Senator WILLIS was known in his day as one of the best political speakers we ever had in our political history. I need not mention incidents which are historic that would indicate his power. Two or three stand out and will stand alone in the political history of our country. Suffice it to say that he was a very ready speaker, having received the training in his college career. He was a keen tbinke.r, spoke often extemporaneously, and -was unusually versatile and fluent. He bad a wonderful speaking voice that would .immediately command attention either in or out of doors, no matte! w:h~t size the ~udience.

1928 CONGRESSIONAL RECORD-SENATE '8403 Those of us who knew Senator WILLIS best knew his fine per­

sonality. I do not think that he had any real enemy anywhere. Those who might differ from him, either in principle or in method, always recognized that he was one of the most lovable characters we ever had in pubUc life. In that way he gripped the public. He probably knew more people whom he could call by name in our State than anybody living to-day, and I doubt whether there was anybody in the past who was his superior in that I'espect. When he would meet a friend and slap him on the shoulder, sometimes it would provoke a criticism, but it was not the basis for criticism, because that was the heart of FRANx B. WILLIS. It was the sincere expression of his attitude toward friends. To meet him was to like him. To know him was to love him. That can be attested by every person who was associ­ated with him here in public life. He was a genuinely good man.

Mr. President, it seems difficult to explain that one so young, so full of promise, with such conditions of health. with such laudable ambitions, should pass on as did our lamented friend. But if we could choose the way that we were to go, I do not know anything finer than to die with the harness on, in the midst of one's friend~ who had gathered about to express their great love and gratitude and aspiration for his possibilities, as was the case of our lamented friend. To know him was to love him and the time will never come when we will forget the pleas­ing personality and the charming individuality of the much­beloved FRA.NK B. WILLIS, of Ohio.

Mr. SHEPPARD. Mr. President, the State of Ohio has furnished this body with many leaders in legislative science and in political philosophy. Among them we find Jeremiah Morrow, prominent in the affairs of Ohio and the Nation, governor and Congressman ; William Allen Trimble, military commander, wounded and decorated at Fort Erie; Ethan Allen Brown, law student unde·r Alexander Hamilton, member of the State supreme court, head of the State government; William Henry Harrison, hero of Tippecanoe, diplomat, President of the United States ; Thomas Ewing, Secretary of the Treasury under President William Henry Harrison, Secretary of the Interior under President Taylor, delegate to the peace congress which endeavored to avert the Civil War, tendered the Secretaryship of War by President Johnson, refused confirmation by the Senate; Thomas Co"r"win, master of humor and of eloquence, notable for utterances that have become a part of our perma­nent literature; Salmon P. Chase, one of the great figures of the Civil War era, author with Giddings of what has been termed the first proclamation of Republican Party doctrine, writer of a standard edition of the annotated laws of Ohio, drafter of the Liberty platform of 1843, the Liberty address of 1845, and of the declaration of principles of the Free Soil Party, celebrated lawyer, Secretary of the Treasury in Lincoln's war Cabinet and father of the natiQnal banking system, Chief Justice of the United States, rendering landmark opinions, in one of which he described the Nation as an indestructible union of indestructible States; John Sherman, 30 years a Senator, Secretary of the Treasury and Secretary of State, influential in party councils, molder of the Government's financial poli-

' cies in war and reconstruction, one of the principal fra.mers of the Sherman Antitrust Act of 1890; Allen G. Thurman, dis­tinguished for half a century in both law and politics, asso­ciate and chief justice of the State's highest legal tribunal, important aspirant for the Presidency; Stanley Matthews, noted jurist, potent in political management and legal disputa­tions of four decades, Associate Justice of the Supreme Court of the United States; George Hunt Pendleton, Democrat in the National House of ReJ)resentatives during the Civil War, scholar, practitioner of the law, railroad president, originator of the initial civil service act, the Pendleton Act of 1883; Warren Harding, the only man in our history elected President while a :Member of tbe Senate.

FRANK B. WILLis was qualified by nature, training, and expe­rience for a conspicuous place in this succession. Equipped with a. university education, member of a university faculty, member of the bar, twice a member of the Ohio General Assem­bly, Representative in the National House for two terms, Gov­ernor of Ohio for two years, he came into the Senate already trained for its multifold demands, with a national standing ~llready his. Also he was already recognized as · one of the most powerful advocates of prohibition in the United States.

In committees and on the floor his activities were intense and varied. In fact, they attained such chai'acter and volume as to become a peril to his health, vigorous as he usually was. His addresses and discussions in the Senate related to hundreds of subjects, covering almost the entire range of national juris­diction and concern. He was skilled in the presentation of measures and in conducting them through parliame~tary chan-

nels. He was especially active in securing substantial addi­tions to the Volstead Act, among them the measures known popularly as the Willis antibeei· bill.

His first assignment to committees included Commerce and Territories, and these he held throughout his service, becoming chairman of the latter. In connection with the former be took a deep interest m the Shipping Board, the merchant marine, the improvement <Jf rivers and harbors, the promotion of the foreign commerce service. His work on the Committee on Territories made him familiar with the needs and aspirations of their peoples. He sponsored a number of measures for their advancement. From the Senate and House of Rep'resentatives of Porto Rico came official expressions of grief over his death, the bouse resolution referring to him as Porto Rico's kind and distinguished friend.

Soon after his entry here he became ·a member of the Com­mittee on Immigration and was one of the chief developers and advocates of legislation regarding entrants from abroad which set up ·new safeguards for the standards and traditions of our country. Later he reached that aristocrat of commit­tees, Foreign Relations, and became one of the most diligent students, one of the most earnest defenders, of the foreign poli­cies of his party. He spoke with characteristic aggressiveness and thoroughness on the Colombian treaty, naval disarma­ment, the treaty of peace with Germany, our relations with Haiti and San Domingo, the Isle of Pines, the Near East, the foreign-debt settlements, the Wol'ld Court, Central American affairs, Nicaragua, and Mexico.

Among other subjects on which he spoke and labored were prohibition, welfare of ex-service men, Federal reserve sys­tem, farm relief, national resources, particularly forestation, the tariff, internal tax revision, Muscle £hoals, good roads, postal rates and salaries, commercial and military aviation, cooperative marketing, radio control, railway-labor disputes, the Oldroyd collection of Lincoln relics, compensation for quaran­tine losses, oil pollution of navigable waters, seasonal coal rates, -agricultural diversification, and industrial conditions.

Such is a meager outline of the amazing labors he crowded into the brief space of his seven years and two months in the United States Senate. Impressive in stature, attractive in per­sonality, tireless in research, able, courageous, resourceful ; combining with these attributes a boldness, a directness, and a resonance of expression, it is not strange that he loomed large in the Nation's life as orator and statesman. On the lec­ture platfarm and as a speaker for patriotic and historic occa­sions he was in constant demand outside the Senate. Naturally his time and strength were taxed to the breaking point. When to all this was added the strain of his candidacy for President, a distinction that came to him as the logical outgrowth of his career, the burden was too colossal even for his unusual strength. With the plaudits of. the people of his home city ringing about him and as he was about to speak before them of his claims to the loftiest position in our political system dissolution suddenly came.

Viewing his life as a whole, we may well conclude that nu­merous as were the subjects with which he dealt, diversified as were the interests he touched, honorable and exalted"" as were his public capacities, the dominant feature was his devotion to prohibition. For his work in behalf of prohibition he will be best remembered and most loved. With that momentous cause, that magnificent reform, he was most intimately associ­ated in the public estimation and will be most signally iden­tified in history. From the· early contests on local option to the struggles in the States and in the Nation, he was ever at the front for prohibition, a favorite among its hosts, a terror to its adversaries. How admirable such an existence! How glorious to be so catalogued! I would rather be FB.A.NK WrLLrs and take to the assizes of eternity the record of a life whose best efforts had been expended against the traffic in intoxicat­ing liquor than to be the monarch of the earth with all its treasure, its glitter, and its pomp at my command.

!.fr. GOFF. Mr. President, to-day our thoughts turn to res­ignation and reverence as we meet to honor FRANK B. ".,.ILLIS with the tribute of ·aur praise. In recollection of when he was here moving among us, beautiful unpainted pictures appear in the mind of how much sweeter life is that he lived. He ·was a friend, a friend worthy of the name in the best sense of the word, and I would be false to my deepest emotions if I failed to bring the love of my heart and embalm it in his memory to-day. ·

The warm, red blood- of the Anglo-Saxon flowing and com­mingling with the life currents of other peoples has in all history produced men to stir with quickening speech, to thrill with ecstatic song, to die with superb daring, to live in truth !01· their loves and iii faith for their friends, and with it all

8404 CONGRESSIONAL RECORD-SENATE to wear a sun smile in their souls that carries warmth and cheer wherever it beams. This was the blood from which FRANK B. WILLIS sprung, and eminently did he illustrate its noblest traits. He had excellent common sense. He was definite in his purposes. He believed in what was just. He never descended to vindictiveness, so often the weapon of the prejudiced and the insincere. He was not a man of expediency. substituting tact for courage ; nor did his affection for his friends :find its origin in dependence. It was the impulse rather of a heart as tender as it was fearless and true, and his gracious manner and winning smile gained for him the con­fidence and the esteem of all who knew him. It is not the length of an association that iives it value but the lifelong impression it makes and the good that comes from it.

Death always preaches an impressive sermon and warningly teaches us what shadows we are and what shadows we pursue. We understand death for the :first time when it lays its im­mot·tal hand upon those we love. We know little of each other, even under conditions of the greatest intimacy. We mingle with men who can never know us and whom we can never know. Our real world is within ourselves, secret chambers to which no one carries a key. Across its portals none may ever step except to catch the imperfect reflections of another soul­the twilight that faintly heralds the glow of the approaching dawn.

FRANK B. WILLis was typically human-so true and so real. He was untaught to feign. He was wedded to the principles and the practices of self-trust and strong and great in all that should become a man. He saw· things straight as a ray of light. He, too, had heard the lions roar. but he knew no fear except the fear of doing wrong. In his real world he wore the breastplate of untainted candor. He believed that the essential element in all life is conduct and that conduct springs from what we are taught, what we cling to, what we yearn for in faith and resolution. He lived the truth that it is not life that matters but the valor we bring to it, the spirit that enables us to do the best we can just when and where we ar·e.

Every environment produces its type, every age its men. In America birth has neither given the rank nor determined the s tation. Every path leading to a goal has been free to every foot. Our great and worthy men ha>e risen by their innate qualities and powers. Our departed friend demonstrated that i t is the thoughts that come from the brain and the heart that move us to action. And as he came and went among us he always sought the contests of struggle and toil, because he realized that all man can do is to turn and face the battle, just as we now know that in the hour of pain :and sorrow-

Memory is the only friend That grief can call her own.

Tuming to where man meets man in the absorbing activities of life, where can we go or to whom can we point as a truer example of American manhood than Senator Wrr.r..Is? No storm of passion ever unbalanced him; and we who knew him realized that he possessed a standard of h·uth which no ambition could ever cause him to violate. He lived the best of all lives, be­cause he lost elf in the service of others. He knew that no man ever makes a friend who has never made a foe. I can never forget him, Mr. President; he was such a sturdy, kindly, rugged man-divine with all the divinities.

After all is said and all is done; when the play is over and the player gone, the spirit of duty remains ; not success for its awn sake, but the doing justice between man and man, our brother and the stranger within our gates.

There is nothing heroic in the discharge of duty. The incen­tive is often lacking, and at times it will cost us the admiration and the respect we crave; but if we are content with our part and our share in common hope, and responsive to the highest promptings, then we will the best express, as FRANK WILLIS always did, the ideals of the r.ace and the Nation. He lived a friend of man in that mystic house by the side of the road where all the world i kin. No truer eulogy can be paid his name and his fume than is contained in the words "death" and "duty."

Dead at the post of duty. . What finer eulogy-All the boast of pomp and glory seem but idle breath Beside the calm, quiet dignity of death, Where death and duty meet, I found solution most complete Of all life's problems; 'tis enough­Dead at the post.

Death always leaves in its train the thought that he who was talien was fitted for a higher destiny and for grander achieve­ments. Such occasions always seem like a~monitions. To-day our brother sleeps. It is we who speak. To-morrow our lips

may be silent and other voices speak as we are doing now. The dread moments are sure to come, when the happiness of a life­time melts away in one sad moment. Yes; when the pale mes­senger lays his hand upon an accomplished life, a life which has rounded out the years allotted to human endeavor; wheu those years have been occupied and :filled with usefulness, re­warded by success, and crowned with love and gratitude; yes; when a good man, having performed the trust· and discharged the duties of life, lies down calmly and peacefully to his :final repose we may grieve, but we can not complain. The tears of deep affection can not be kept back, but the voice of reason is hushed.

To complain at the close of such a life as FRAN·K B. WILLIS lived is to complain that the ripened fruit drops from the over­loaded bough and that the golden harvest waits for the sickle. To complain under such circumstances is to reprove the Creator because He did not make man immortal on the earth. We can not understand, and here we shall never know.

It is the temporal conception of life that so profoundly dis:­turbs mankind. Three thousand years of profound· thought, grave ·contemplation, · philosophy, and religion, · and we have advanced no nearer the solution of the problem. · We must not despair. This is a worlcl in the making. We must find hope in growth, faith in conscience, courage in knowledge, and inspira­tion in the listening planets and the sentinel stars. We can do this only as FRANK B. WILLis did it, by keeping our hearts and our hands clean.

What a comfort it is to have had him with us, and to have heard, as we hear now, the echo of his thrilling and convincing voice! What a consolation it is that where he was known, respehed, and loved undaunted and unafraid, he gladdened the everlasting God by lying down to his dreamless sleep in the unmolestell hope of a glorious immortality!

How wonderful is death! Death and his brother sleep.

But he is not dead. He lives in his example and his influence. He lives in the splendor of his deeds. He lives in the hearts he left behind. He will live in the traditions that pass from gen­eration to generation and from age to age. He has just wan­dered over the boundary, there to illuminate and irradiate the pathway of mankind. His sunset has come, but we believe it was a sunrise that will never again set.

We have gratitude, honor, pride, and affection, but no blinll­ing tears for such a man as he. We should save· our tears for those who have failed, for those who have fainted by the way­ide; not for tho e who have :finished the journey without a

spot or a blemish on their escutcheon. This we know, that in the death of Senator FRANK B. WILLIS,

who e career and whose services we commemorate to-day, an earnest, active intellect is stilled; that just as he harkened to the call of duty, God's :finger touched him, and he slept; beck­oned him away from all the splend-id, majestic achievements and beauties of life, from love and care and sorrow, to awaken in eternity free from grief and pain. He is safe without pane­gyric. No; he is not dead. The living are the only dead.

The dead live never more to die; and as we bid him a gracious, a sorrowful, yes, a lingering good-by, let us think of him as John o' the Mountains :

John o' the Mountains, wonderful John, Is past the summit and traveling on ; The turn of ihe trail on the mountain side, A smile and " Hail " where the glaciers slide. A streak of red where the condors ride, And John is over the Great Divide.

John o' the Mountains camps to-day On a level spot by the Milky Way; And God is telling him how he rolled The smoking earth from the iron mold, And hammered the mountains till they wet·e cold, And- planted the redwood trees of old.

And John o' the Mountains says: "I know. And I wanted to grapple the band o' you ; And now we're sure to be friends and chums, And camp together till chaos comes."

Mr. ROBINSON of Indiana. Mr. President, school days come back to me this afternoon. I find my feeling · sh·angely stirred. The old university_ rise up before me. Back there was my dear friend, the Senator from Ohio [Mr. FEss], who is with us to-day. There also was dear old "Prexy" Lebr, the president of the university. There, too, was this great, big, :fine, wholesome young man who had recently become a member of the faculty and whose memory we honor to-day.

1928 CONGRESSIONAL RECORD-SEN ATE 8405 How loyal he remained to the old university throughout the

years, ever ready to assist in all its -worthy undertakings ! For more than a quarter of a century I enjoyed the intimate

friendship of FRANK B. WILLIS, and what a loyal friend he was!

Throughout his distinguished career, I have followed him with the greatest admiration and the most profound respect.

To-day, on this solemn occasion, I go back iri memory to the first time I ever saw him. It was in 1901. He was a teacher at Ohio Northern University in Ada, Ohio, and I was a student. Big in body and mind, popular with faculty and student body alike, wholesome, magnanimous, be could only be an inspiration to all who came in contact with him.

In t.bose days~ as throughout his life, he was universally admired~ and with infinite patience be gave of his talent and his genius to the youth of the land. From every State in the Union and from most countries of the earth they came there for light, and none left the university without having been in­fluenced tremendously, and for good, by the nobility of character of FRANK B. WILIJs.

Small wonder that in the years which followed those who had known him in college days rallied unanimously to his support! ·

His entire life was given to the public service. He was the most industrious man I ba ve ever known. " Toiling upward in the night," be fitted himself for the law, and in 1906 was admitted to the bar in Ohio, where he continued to be an hon­ored member to the day of his death.

We who loved him watched his rapid rise in public life. It seemed his people delighted to do him honor. As their repre­sentative he served with distinction in the seventy-fourth and seventy-fifth general assemblies of his native State. Here, in­deed, his service was so outstanding that he was promoted to the National House of Representatives, where be was an hon­ored Member during the Sixty-second and Sixty-third Con­gresses.

That his untiring efforts in behalf of the people of Ohio and the Nation were fully appreciated by the folks at home is at­tested by the fact that be was triumphantly elected to the office of governor while in the House, and resigned his seat there in January, 1915, to become the chief executive of the State of Ohio.

Throughout these years we who had known him in college days looked on with admiration and applauded.

As Governor of Ohio his courage and force of character were splendidly tested, and the people found him in the forefront and on the right side of every great moral issue.

From this high office to the Senate of the United States was but a logical step and none was surprised to see him over­whelmingly triumphant in both nomination and election.

Coming to the Senate in January, 1921, when his friend and neighbor, Warren G. Harding, became President of the United States, be served with great distinction until the day of his tragic death. ·

What a wholesome influence be wielded in this body! Genial, companionable, helpful, and withal tremendously able, he was a powerful moral force in the Government of the United States.

Senator WILLis was a righteous man. He had moral stamina and his counsel was good. He was an ideal public servant who could never be stampeded from what he conceived to be his line of duty.

And now, in the prime of life, he is sb.icken down. The ways of the Infinite are inscrutable, but we know that He doe-th all things well.

The living are the only dead, the dead live never more to die.

FRANK B. WILIJs, in the flesh, has departed this life but his gentle spirit and his great influence for good go on forever. He has passed on, out into the silence and has taken on the robes of immortality. ·

In the fact that all men speak well of him, that he was a Christian gentleman who rendered outstanding patriotic service to his country and his people throughout his life, he bas left a priceless heritage to his loved ones.

America was proud of him and every State in the Union shares the grief of Ohio in the loss of her distinguished son.

Mr. GEORGE. Mr. President, I wish that I might pay suit­able tribute to the memory of the late Senator FRANK B. WILLIS, of Ohio. Words do not enable me to do so. A certain physical disability makes it necessary for me to speak but briefly. ·

Senator Wrr...r.Is was a strong man physically. He had all the elements of physical strength which make death all the more difficult to realize. We have always admired strength, even physical strength, since the earlier days, when the crude cave

man stood at the doorway of his cave a1;1d, with stone-pointed weapons, defended i)le woman whom his savage heart loved, the children she had borne him. We have always admired fine physical strength and courage.

Our race is no exception. We have admired physical strength, the thing that we call physical courage, and that quality which we call courage which consists of a commingling of both the mind and the heart with the physical strength of the body to endure. As a nation we have admired strength and courage throughout our history, from that hour when Betsey Ross first pieced together the colors in our flag, to the last battle in the la It war in which our sons were engaged.

Senator WILLIS was a man of superb physical strength. He was a man of fine mental strength. He was a man of great vigor of intellect. He was a man of infinite good nature and infinite good will.

He spoke often in this body. He spoke upon many occasions and upon many public questions. It would be most difficult to recall a single sentence from his lips which impugned or ques­tioned the motive of any man.

He did not agree with the opinions of men, he differed from their views, he was willing to take his side upon issues, and not one of his colleagues can recall when he failed to take his position upon any question of moment or of importance, whether we agreed or disagreed with the position taken by him.

He fell in the very prime of his life. In action he passed away. It is most difficult for all of us, for any of us, to realize that he has gone. It seems strange that a man of such strong physique, such robust mental vigor, such intense activity, such infinite good will and good faith, should pass away in action in the prime of life. We do not yet realize it. His going serves to remind us again and again that in the midst of life we are in death.

It is difficult to appraise men here, Mr. President. It is diffi­cult to estimate them at their true value. Suffice it to say that whatever may be our judgments in this body, engaged as we are in the consideration of public questions of great moment, it is hardly probable that any one of us conies here who does not possess in some marked degree the elements of human greatness and strength.

In this body the man who does not possess some element of strength, some virtue of mind or soul, some willingness and capacity to work and to labor will scarcely attract the atten­tion of his neighbors about him. Senator WILLIS bad a zeal for his work. I think that no one of his colleagues would question that statement. He W&-S always industrious, he was always alert. he was always active, and be seemed to have a zeal for public service. It therefore is not strange when we read that he was a representative in his State legislature, a Member of the other House of Congress, a governor of his State, and a United States Senator from his State.

Certainly there was no abatement of his energy in the study of public qu~stions ; certainly there was no slackening of the pace in his prosecution of his duties as a Senator from his State. Back in his State at the time of his death he was engaged in an ardent campaign. He was still carrying forward with that same physical strength and mental vigor so char­actetistic of him in this body.

It would be untrue to say, and no occasion, it seems, would demand a statement inconsistent with the facts, that Senator WILIJs never made mistakes upon public questions. That we can always occupy the right position upon great questions which disturb the thought of the people is scarcely to be hoped. But whether he was right or wrong his colleagues here knew _ his position. He stated his position with force and with energy. He was prepared to maintain his position and did maintain it upon every important question to which he gave his thought and attention.

He serVed his State well in this body. He was alert in the interest of his immediate constituents. But his interest and his sympathy and his efforts were not confined to Ohio. He linked his name with the great causes which have inspired men of this generation in America. He took his side upon a great question, and there was never any doubt about his loyalty and devotion to the side on which he cast his affections. He was a man of loftiest patriotism. He possessed the virtues common to all men of greatness. -He possessed a certain fine strength, a certain strong and charming personality, a certain mental and moral vigor that distinguished him even in this body in a day of men of great strength and vigor.

On occasions like this, Mr. President, we regret that we have not the words to pay suitable tribute, but those of us who were privileged to associate with the figures that have left their impress upon this body and upon the history of this time may pay genuine and sincere tribute to one such, who in due season, has been called away.

8406 OONGRESSION AL RECORD-SEN ATE MAY 11 Mr. LOCHER. Mr. President, as the successor of him whom

we honor to-day, I rise to add, in my humble way, an expression of deep admiration for one of Ohio's best loved sons.

Sen a tor FRANK B. WILLIS was a man of the people. He was their leader, and it was their pleasure to confide in him to trust him, and to honor him. I honor his memory both ~s a brother Ohioan and as a Member of this body, where his ability as a state man is fully recognized.

Since the sudden and tragic passing of Senator WILLIS, I more clearly understand the words of Seneca, who said, "All that lies between the cradle and the grave is uncertain." Who in this assemblage to-day believed for one moment that when the departed colleague went forth to seek the highest honor within the gift of his party he would not return again victori­ous, perhaps, but in any event he would return th~ robust, confident, and energetic personality that he was? His was a tragedy of premature death. But if God, in His wisdom, saw :fit to beckon Senator WILLis from the strife and toil of things earthly to a greater, fuller reward, how fitting it was that his last hours should be spent with those whom he loved and who loved him.

1\Ir. President, I have said that FRANK WILLIS was a man of the people. His early life in Delaware County, where he was born December 28, 1871, was not unlike the childhood days of other illustrious sons of Ohio. After obtaining an elementary education in the common schools of the county, he sought the wealth and satisfaction of a higher education at Ohio Northern University. His alma mater utilized his learning and for several years after graduation he served her as a teacher. During this period he frequently lectured before teacher's gatherings throughout Ohio, and his departure leaves a vacancy in the hearts of many who had received hope and inspiration from him. He was their friend and they were his friends.

Later he was admitted to the bar and set forth to win renown at the polls. After serving two terms in the General Assembly of Ohio, he was twice elected to the National House of Repre­sentatives, resigning his seat to become governor of his State, and on January 13, 1921, he became a Member of the United States Senate.

The still recent and still mourned loss of Senator WILLIS presents an opportunity for brief comment on his career. He had an abiding conviction that the application of his time, energy, and talent would produce fairly proportionate results. Conviction and zeal served him as a sustaining force. Politics were never irksome to him. His victories in this realm furnish abundant proof of his popularity, of his affability, of his ca­pacity to make friends easily, and to bind them to him in many ways.

Senator WILLis was a child of his epoch. It is timely, per­haps, to say a word on the felicitous way in which FRANK WILLIS and Warren Hurding complemented and supplemented each other. Each served his native State in the United States Senate. Senator WILLIS, who succeeded Senator Harding, when the latter became President, was energetic, dynamic; President Harding, earnest and devoted. Each was loyal to the other ; each was loyal to his friends; each contributed to the others success ; each had a multitude of friends in Ohio who cherish the friendship which only death could sever.

l\!r. President, it is unavailing for his friends to speak of what might have been had FRANK WILLis lived. Verily he had his reward in the hearts of his friends. He fought out well nigh all his battles. His personal character is easily analyzed. Everyone who has intelligently read his life and studied his deeds can not avoid recognizing two outstanding qualities--determination and rectitude. It is needless to eulo­gize his absolute integrity. To say that be never used his office to betray a trust imposed; that he was never silent when he believed he ought to speak; that suspicion never smirched his name, is to tell his colleagues and his friends that which they already know. The beauty of his pure life overshadows all. If I interpret the psychology of FRANK WILLIS aright, if I apprehend his philosophy of life, I make bold to assert that be would prefer this eulogy :

His life was de-voted to an unending effort to serve those who loved and honored him.

As his successor in this honorable body, which universally mourns his sudden and untimely passing, I say with the poet:

Early didst thou leave the world, with powers Fresh, undiverted to the world without,

Firm to their mark, not spent in other things, Free from the sick fatigue, the languid doubt.

1\Ir. DILL. Mr. President, I had not intended to make any remarks on this occasion, but as I have listened to other Sena-

tors I have felt impelled to give expression to some of the thoughts that have crowded through my mind.

I was born, reared, and educated in the State of Ohio. I have always kept in closer touch with that State than with any other than my adopted State. I know something of its people and its history. I had heard of Senator WILLIS when I was a boy, long before be had become so noted as he became in later years. I heard of him as a young professor in the normal school at Ada, who had a great future as yet unde­termined.

After I had gone to the Northwest I learned of his rise to Congress, and then when I came to the Hou e he became gov­ernor of his State, and when I came to the Senate I met him here. I knew him best in my associations with him here, and his robust, earnest personality often made me think of the saying of the Greeks, " Those whom the people love, they place in charge of their city."

There is one of his characteristics I want to mention which impressed me most, namely, his genial nature. I believe that you can best gauge and te t the character of a man when you see him in a fight. Then pretense is put aside and the real character stands forth. I have never seen a man fight on this floor with a smile as effectively as did FRANK WILLis. I have seen him attacked, sometimes abused here, and always be would meet it first with a smile, and then with arguments, plain, direct, and effective but never personal nor bitter. I have always felt that his hearty handclasp and his broad smile, his friendly voice, and his wholesome attitude on every que tion were expressive of his great soul and his big heart.

I regretted to see him enter the race for the Presidency, not because I felt he was unworthy of it at all, but because that road is such a broad and teep but dangerous pathway over which so many men pass to political misery or to world fame. And yet it was but natural, coming from the great State of Ohio, that he should turn toward the White House. It is worth recalling again that, just as the great State of Virginia was the pivotal State in the early history of the country which sup­plied more Presidents than any other State, so the State of Ohio has been the pivotal State of the Union since the Civil War.

Every Republican Pre::3ident who has entered the White House by the votes of the people since the Civil War has come directly from Ohio or been born in Ohio. 'The only other two Presidents of the Republican Party who entered the White House have entered by way of the Vice Pre idency. So I say it was but natural ~ should turn his attention toward the Presidency; and, from the standpoint of integrity, of character, and of ability be was fully fitted to occupy t~at or any other office.

I have often wondered why the State of Ohio has produced so many notable men in so many different walks of life during the last 75 years, and I wa1:1 impressed recently in talking with the governor of that State when he said that one of the eJ..'J)la­natiolli2 might be found in the fact that there were more sol­diers of the Revolution buried in the State of Ob,io than in any other State in the Union ; in other words, it was the aggressive, ac1ive men of the Revolutionary period who crossed the Alle­gheny Mountains and settled in the then great Northwest Ter­ritory, largely as the result of grants of land that were given them, that caused the population of Ob,io to be descended from the best blQOd of th,e Colonies. It is but natural, therefore, that such a remarkable galaxy of men and women in every walk of life should com_e from that great State.

We shall miss FRANK Wn.us. We shall miss him not only here in the Senate ~nd about the Capitol, but we shall miss him in Ohio, and we shall miss _l!im in the public life of the country, because he was a man who 4ad not merely opinions on public questions but ~e had convictions. Having convictions, he stood for them, he fought for them. He was not concerned so much, about the temporary victory or defeat that might come in a contest as he was· that be sb,ould do his part and make his record clea~. so that all who run might read. His life and his work should be an inspiration to the young men of the country and to public men everywhere.

Mr. HEFLIN. Mr. President, this is a sad occasion to me. A fine and great American Senator has gone from this august and historic place. I recall his service in the House of Repre­sentatives. We served together in that body, and as the Senator from Washington [Mr. DILL] has said, he resigned his place there to become Governor of Ohio. I remember how happy and cheerful FRANK WILLIS looked when we were telling him good bye as be went a way to fill that lofty place in the great Commonwealth of Ohio. He served with distinction as governor, and then came to this body. He merited every political position th~t he ever held. He filled every one of them

1928 CONGRESSIONAL RECORD-SEN ATE with credit to himself and credit to his country. He was a brave fighter, and he always fought in the open. There was nothing hid,den about FRANK WILLIS. He was absolutely fear­less in the positions which he took, and he never took a posi­tion until he felt that he was right, and then well and ably and powerfully did he defend that position.

As the Senator from Georgia [Mr. GEORGE] has said, in the heat of debate in this body Senators frequently indulge in sharp and caustic language born of the deep and intense inter­est Senators on opposing sides had in the cause being dis­cus ed. The fine and genial smile of FRANK WILLis, which has

· been spoken of, was a wonderful weapon in debate, but follow­ing that smile he had a magnificient ability to argue his cause and he presented it in powerful fashion.

. lle was a man of deep convictions and high ideals. He was · a clean man ; his life was without spot or blemish so far as I know, and that is what those who knew him best and loved him best say of him. Senators, a name like that is a noble heritage to leave behind by a man who has been in lofty station, as FRANK WILLIS has been. He died fighting for the things that h~ had fought for so effectively in the Senate. Duty had called him into a larger field where friends delighted to support him for the highest office within the gift of the American people. He fought against overwhelming odds; he was fighting against forces that spent a vast sum of money to defeat him. I talked with him about these things and he talked to the Senator from Utah [Mr. KING]. He knew what a difficult undertaking it was. Some people advised him not to go into the race for President; his great admirers and friends in Ohio and else­where urged him to run. They said" it is your duty." He told me that he felt that it was his duty to carry forward the great principles that he and his friends had fought for, and that he would do so at any cost to him politically or otherwise.

He viewed with alarm the bold declaration that the old bar­room forces were coming back into control in the United States. He was an ardent prohibitionist. He was not a crank on the subject, but he was thoroughly convinced that the whisky traffic and the return to the United States of the open barrooms, with all their attendant evils, would do more than anything else to drag down the young manhood of the country and to crush out the hopes and ambitions of b.right boys who, if free from that awful influence, would become good and useful citi­zens. The petitions of the good women of the country who have suffered most from that terrible monster, the open saloon, appealed strongly to and touched deeply the heart of FRANK ·wiLLis; and whe~ his Republican friends looked with fear and trembling- upon the bold announcement that the enemy would bring those evils back and said, "Senator, it is your duty to get out in front and lead this fight for us," he bared his breast to

. the enemy and led the :fight. He did not ask any quarter, but waged an open, effective, and aggressive war; and if he had lived there is no question under the sun about his carrying Ohio, his home State, to the Republican National Convention. The truth is he almost carried it after death had silenced his elo­quent tongue.

He was a splendid public servant and a fine and wonderful man. He spread sunshine and good cheer wherever he went. He was outspoken, as I have said. It was not necessary to take a search warrant to find out where FRANK WILLis stood on public questions, and if the question was one between good morals and bad morals you knew without asking that he was on the side of good morals.

Shakespeare has nobly said: Let all the ends 'tlrou aim'st at be thy country's, Thy God's, and truth'!'!.

FRANK WILLis was on the side of his country; he was on the side of truth ; he was on the side of his God. He fought a good

-. fight; he kept the faith; he died as die the bra•e-in the fore­front of the fight; he never lowered his banner or surrendered his convictions. He did not flee from the enemy.

· Immense sums of money and con-upt practices were in evi­dence in the Ohio campaign against him for the Presidency, but that did not intimidate or deter him for a moment. He was making a triumphant march toward the convention, with his State delegation solidly behind him, when mysterious death came and touched its dreamless slumber to his eyelids, and he fell asleep.

1\Ir. President, before I sit down I must say a word about ber who through all the years of his useful and eventful life was his good angel. Tender, affectionate, and loving, she walked by his side, aiding, comforting, and cheering him to the day of his death. She was with him in his home State when be was at various places in Ohio, when he died amongst those whom he hltd served and whom he loved so well, and amongst those who loved and honored him. It was a beautiful

life that they lived. We resided at the same h'otel for years. I admired and esteemed them both greatly. They were devoted,' congenial, and happy in their daily life. Senator W1LLis could say truly that she was his good angel.

We have lost a dear friend and a great American statesman has gone. E\ery man in this body respected and adrnired FRA.xK WILus. Every Senator here who knew FRANK WILLIS well loved him. The Senate and the country mourn the un­timely taking off of this fine American citizen, this devoted public servant, and this splendid Christian statesman.

Mr. FESS. Mr. President, I ask unanimous consent to insert in the RECORD, as a part of these proceedings, the prayer of the Chaplain of the Senate delivered on April 2, at the first meeting of the Senate after an adjournment upon the news of the death of our departed friend.

The PRESIDING OFFICER (Mr. LOCHER in the chair). Without objection, it is so ordered.

The matter referred to is as follows: The Chaplain, Rev. ZeBarney T. Phillips, D. D., offered the following·

prayer: " One sweetly solemn thought

Comes to me o er and o'er; I am nearer home to-day

Than I've ever been before.

Nearer my Father's bouse, Where the many mansions be ;

Nearer the great white throne, Nearer the crystal sea.

Nearer the bound of life, Where we lay our burdens down ;

Nearer leaving the cross, Nearer gaining the crown.

But lying darkly between, Winding adown through the night,

Is the silent unknown stream That leads at last to the light.

Father, be near when my feet Are slipping over the brink ;

For it may be I am nearer home, Nearer now than I think.''

Let us pray. 0 Almighty God, who art found of those who seek Thee in loneliness, and whose portion is sufficient for the sorrowing souls of Thy children, remember in tender mercy the family and loved ones of him who bas now fallen on sleep in the full strength of his glorious manhood. Thou only canst keep our feet from falling and our eyes from tears. Make us, therefore, ever mindful of the time when we shall lie down in the dust ; and grant us grace always to · live in such a state that we may never be afraid to die; so that, living and dying, we may be Thine, through the merits and satis­faction of Thy Son Christ Jesus, in whose name we offer up this our imperfect prayer. Amen.

Mr .. FESS. Mr. President, I hold in my hand a brief charac­ter sketch of Senator WlLLis by the one who was more closely associated with him officially than any other person, Charles A. Jones, his secretary for seven years. I ask unanimous consent to have it inserted in the RECORD.

The PRESIDING OFFICER. Without objection, it is so ordered.

The matter referred to is as follows : SE.::-<ATOR FRANK B. Wn,I,IS AS HIS OFFICE AsSOCU.TES SAW Hu.i:­

TRIBUTE PAID AT THE FUNERAL SERVICES I~ GRAY CHAPEL, AT DELA­

WARE~ OHIO, TUESDAY~ APRIL 3, 1928

By Charles A. Jones, for 7 years private secretary to the Senator and his associate in political campaigns for 14 years

If I can control the emotions that overwhelm me to-day, there are just a few things I want to say relative to this chief of ours who has gone. I want to speak not only for myself but also for the two Marthas who have typed tens of thousands of his messages to the people of Ohio ; to speak for Mr. Tipton, who was his secretary when he was governor, and for 1\Ir. Dodds, who was his secretary when be was in Congress; to speak for that little group who have had the great privilege of living intimately with this man who lies here now at the close of a strenuous life of 30 years, leaving as was so fittingly stated by the Cleveland Plain Dealer in its editorial "A record that calls for no excuses."

The public in general, many men who have been acquainted with him from time to time, know, of course, a great deal about Senator WILLIS. I am not going to try this afternoon to say anything about his public career. All I want to do is to say a few things of a per­sonal nature that I know, that we know, about this man.

8408 CONGRESSIONAL RECOR.D-SENATE l\{AY 11 You know when men live in an office with a man, when they see

him in the early morning hours and in the nighttime, when they see him in the hours of victory and in the hours of defeat, when they see him when the shadows have fallen upon him and when there is triumph in his voice, they know what the public sometimes does not know.

'.rhis morning, as the birds began tn sing I wondered what I might say to best sum up his life. Leafing through this same little New Testal'm!nt that I have seen him read hundreds of times, and which I took from his body after be had gone away over here on Friday night, I found these words, and I do not believe that there are anywhere words that sum up more clearly what this man tried to be than these words, which are the only ones of the Beatitudes that are underscored: "Blessed are the pure in heart." That was what Senator WILLIS wanted to be.

I want to say first of all that this man who served supremely . never had a servant. There was never anybody in his office who felt that this man wanted him to be a servant.

When I first w~nt to his office in 1921, he called me in one day and said to me substantially this : " Jones, you are new to Washington. Before you have been here very long you will see · many people who have become mere clerks, who because they are in a sense employees feel that they can not express to the man with whom they work their real thoughts. I want you to understand that what I a ·k of you is service and not subservience. Because I am a Senator and you are my secretary does not mean that I shall always be right. I shall sometimes be wrong. When you think I am wrong, I want you to counsel with me. .And when the time comes that you can not tell me exactly what you think about things that are important to me, then, I do not want you with me at all." That was the spirit in which Senator WILLIS alway carried on.

He himself gave service, but no man or woman ever found him subservient. I saw Senator WILLIS angry very few times. Most of the times when I did see . him angry was when somebody came to him and said, " Senator WILLIS, I have 10,000 votes in my pocket. If you do not vote for a certain bill, these 10,000 votes will be cast against you." On an average, a man never got that sentence completed. Sen­ator WILLIS let him know immediately that he would vote for the bill if he thought it was the right bill; but if he thought it was not the right bill, he would not vote for it, votes or no votes.

The Senator, of course, recognized the dignity of his high office. He under tood the distinctions of life. He recognized -them. But there was no division line when it came to the friendship which he showed to u and which we tried to show to him.

I never saw · anything in Senator WILLIS's life any place, any time, that will contradict the statement I am now about to make, that Sen­ator WILLIS played square in all the relationships of his life. He did not believe in, he did not practice, and he did not permit those who were with him to put into execution the petty tactics of politics that are so often permitted.

I never knew him to make a decision on an important question on any other basis than that which, as he saw it, was for the best interests of the people.

The thing he was most criticized for in all of his service in the Senate was his vote for the adjusted compensation bill. I think that the m'orning that he voted for the passage of that bill over the Presi­dent's veto was to him one of the most trying mornings in his entire life. I took in and put on his desk 1,457 telegrams that said, "You must not vote for this bill," and 53 that asked him to vote for it. And I said to him, " Senator WILLIS, most of those 1,457 telegrams are ft·om the most prominent men in Ohio. I do not know from these other 53 whether the soldiers are much interested in this bonus or not."

We discussed the whole question, the two of us alone there in the office. Finally I said to th-e Senator, "If you vote to override the President"s veto to-day, you may be voting yourself out of public life." He looked at me about a half a minute, then he turned around and looked at the picture of his soldier father, to which he always gave the place of prominence in his office. Then he turned back and look-ed again at those 1,457 telegrams. .And he said to me this: "Jones, you were not reared in the home of a soldier. You did not fight the

"battles of the Civil War at the breakfast table and at the luncheon table and at night. I promised these soldier boys I would vote for this bill. They know I will. They know it is not necessary to send me these telegrams. So far as voting myself out of public life is concerned, that is much less to me than believing myself a coward every time I look at my face in the mirror the rest of my life. I am going to vote for that l.Jill this afternoon because I think it is the right thing to do. The effect of my vote upon my future political career must take care of itself."

I could tell a similar story about the way in which he drafted the famous Newberry resolution. This man always faced questions, whether they were great or small, faced them in his office where none of us knew and the world did not need to know, on the same basis that be always advocated outside.

Moreover, Senator WILLIS never forgot and he nevet· betrayed a friend. When he was thinking about what he would do for a man, he never asked what that man would do for him. '.rime after time he did things for men who hiid done things against him, and then when they did new things against him, he did new things for them, because he thought be ought to do them.

I never knew this man but once to say that any other man had deliberately falsified to him. He said it once in all the seven years that I was with him. He was far more lenient in his judgment of men than sometimes I thought they were lenient of him while he lived.

It is my firm judgment to-day that the faults which Senator WILLIS had, and every man has certain faults, were faults more harmful to himself than to others. He never knew when to stop work. So long as there was something to do for his people he did it. He was happy when he was doing something to help somebody in Ohio, or in the Nation, and lonesome when there was nothing of that kind to do. I believe the highest tribute I cay pay to him to-day is this, and I have paid him this tribute before: That in all the years of my association with him, I never knew him to do a thing that, from the viewpoint of broad manhood, from the viewpoint of h·uthful and courageous relations with hi fel1owmen, could be called a 'little thing.' He was a Christian gentleman everywhere.

Not very long ago I related to him in full detail evidence that he was very loath to believe of a mean, little trick that a man whom be had befriended far beyond his deserts had done to him. There was a way in which be could have returned the meaHness in kind, but when the story had been finished be looked across the desk and said, "Jones, I am not going to degrade myself because somebody else degraded himself." He stood on that principle.

I said on this platform just after he had gone away Friday night that Senator WILLIS had come home to go home, or substantially that. I also said that if he had been choosing-and I know he did not choose to go now, because he fully expected that there would be many, many years of life and activity ahead of him-but if he had known and be hall been choosing, this was the place, among the friends who knew him all his life, who knew more about him than anybody else, this was the place where he woul<l have liked to have gone. .And I think he went the way he would have liked to have gone, in the full vigor of manhood, without any sickness, without any impairment of his powers. Ob, I think. he would have liked to have had long enough to have said good-bye to his lovell ones. I know be would have liked to have had that. But if he could not have that, he would have pre­ferred death the way it came. He would have preferred to have gone· home bere at home among his fl'iends.

Doctor Smith has said a great deal about th~ friendships of this man. I never got over being amazed at the number of friends he had. Glancing over the thousands of telegrams and the thousands of letters that have come in since he went away, the one outstanding note is his friendship. .And I do not know how many hundreds of men have grasped my band to-day and yesterday simply to say this, "Mr. Jones, Senator WILLIS was my friend." They have said that more than anything else. .And he was their friend.

Oh, how he liked to sit down and talk to a humble citizen of this country about the interests and the joys and tragedies of life, and how he tried to help them. I presume we have larger files in the Senator's office in Washington relative to compensation for the soiUier boys, rela­tive to pensions for the comrades of his father, than bas any other office in the whole Senate Building-thousands and thousands of cases. No case was too humble, no case involved too much time and trouble for Senator WILLIS to give it attention. Whether the man could write English or could not, it was all the same. One of the touching things that has come since he went .away was a little tribute from one of these soldier boys who could not write either the Senator's name or his own legibly upon the envelope which he addressed.

He was a man who loved his country and loved to serve his country. He gave to his country everything that be bad to give. Often be talked to me about the fact that so many people wanted to get from their country, rather than give to their country, and he often wondered what the future of a country was to be, in which almost everybody wanted something from it, not to give to it. He gave a full measure of patriotism and devotion ; all that he bad and more.

I could speak about his love for his family. He thought a great deal of McKinley. All of you know that McKinley has been the fumily ideal of the .American people. I never knew, I never saw, Mr. McKin­ley. He was gone when I was a boy, But all I need to say to-day, I think, is this: Whatever was true in his life, in his purity of family relationship, was true also of Senator WILLIS.

From his pocket on Friday night, after he bad gone, I took this book of poems, which he long sought for and which, after he had obtained, he carried with him many, many times. In it I found that he bad cut out this poem. Because it represents him to me, as I believe he wanted to be represented, I am going to read it. It is not an uncommon poem at all :

' 1928 CONGRESSIO!fAL RECORD-SEN ATE 8409

"There are loyal hearts, there are spirits brave, There are souls that arc brave and true;

Then give to the world the best you h!tve, And the best will come back to you.

"Give love, and love to your heart will flow, A strength in your utmost need;

Have faith, and a score of hearts will show Their faith in your word and deed.

" Give truth, and your gift will be paid in kind, And honor will honor meet;

And a smile that is sweet will surely find A smile that, is just as sweet.

" Give pity and sorrow to those who mourn, You will gather in flowers again

The scattered seeds from your thoughts outborne, Though the sowing seemed in vain.

" For life is the mirror of king and slave, 'Tis just what you are and do ;

Then give to the world the best you have And the best will come back to you."

Looking back over the inexpressibly beautiful associations of these weven years now brought to a close, associations that I scarcely expect shall again be duplicated in life, I say on my own part and on the

'part of the others of us who were so intimately in touch with him, he has fought a good fight, and in all things he bas kept the faith.

l\Ir. FEJSS. l\Ir. Pre~ ident, I also a k unanimous consent to insert in the RECORD the funeral oration of the Hon. Ralph D. Cole, who was a colleague of the Senator's in the university, and was his predecessor in the House of Representatives. Mr. Cole would have presented the name of Senator WILLIS at the Kan as City con\ention had the Senator lived. • The PRESIDING OFFICER. Without objection, it is sa ordered.

The matter referred to is as follows: ADDUESS OF HON. RALPH D. COLE

We have lost our leader; our noble friend is gone; our chief has fallen in battle. In the hour of his supreme triumph his spirit took its flight to Him who gave it. On the 30th day of March, in the city of Delaware, Ohio, Senator FRANK n. WILLIS, forty-fifth Governor of Ohio, responded to the final call of the Great Commander.

He was at home, in his native city, decorated in the emblem of the Republic, the colors of the flag that be loved ; all her streets, thronged with a mighty host of his fellow countrymen, who loved him; proudly proclaiming him worthy of highest honors ; in this very hall, conse­crated to the exalted purposes that inspired his life, all hearts united in harmony to the sweet strains of " When we come to the end of a perfect day," the final summons came and he waved a last farewell.

Fortunate city! You did not wait until to-day to pay your tribute. He saw your faith, he heard your praise, he felt your love and loyalty; you filled his heart with joy as his ship sailed out to sea.

He died in the afternoon of life, in the fullness of fame, rich in honors, royal in friendships, with all his great faculties anq powers mantled about him, and before time had levied its relentless toll upon a life of unceasing action.

The career of FRANK B. WILLIS is the grand epic of Amt-rican nobility. Observe the familiar steps so many of the inspiring leaders of a great enlightened . people have trod in their march to the heights of immortality. Born .on a farm, nurtured in a Christian home, edu­cated in the public schools, taught school, attended college, a professor in law, admitted to the bar, member of the State legislature, United States Congressman, Governor of Ohio, and United States Senator. Study the lives of American immortals, compare their career with his, and behold how perfect the climax-the Presidency of the United States.

In the analysis of his character we find body, mind, and heart perfectly balanced. He was marked from boyhood in the image of his Maker. His commanding presence was but counterpart to his high intellectual and moral endowments. The dominant characteristic of Senator WILLIS was his humanness.

He was thoroughly human. He loved his fellow men and sought to serve them. He was natural, not artificial. He despised hypocrisy. He possessed intellectual as well as moral integrity. He was dignified; not the sham pretense of selfish exclusion, but a noble simplicity, the unfailing work of genuine greatness; not a puppet of conventions, but the natural conduct of a man endowed with a wealth of human sympathy and understanding. He was loyal-to betray a trust was not in his power. He was loyal to his borne, his State and Nation. He was an ardent patriot. He was loyal to his friends. A host of witnesses will rise and give proof. Duplicity he despised. Disloyalty lle abhorred. Honest criticism he coveted, for that dispels all clouds

LXIX--530

of doubt and lets in the sunlight of truth. Magnanimous, generous, appreciative, and always grateful.

Love of country was kindled in his heart at the fireside of his father, a Union soldier. He was an American. He was willing and anxious to extend a helping band to all nations, but entertained au unahangeable conviction that America's primal duty is to America. The greatness of FRANK B. WILLIS is America's greatness, truly typi­cal of this continent; God's eternal gifts of freedom and opportunity, embraced by an honest boy and transmuted by the alchemy of toil into the gold of exalted manhood.

The home life of Senator and Mrs. FRANK B. WILLIS was a gem of domestic felicity, an inspiration to the various circles in which they moved and the communities in which they lived.

They were childhood playmates at Galena, Ohio. From the date of their marriage, through the changing years and all of life's vicissi­tudes, they were almost inseparable. Notwithstanding almost con­tinuous public activities, Mrs. Willis was always at her distinguished husband's side.

She was with him at the home-coming meeting where his life came to its tragic but glorious close.

Their home life was shared by a daughter, Helen, who now is a teacher in the university where the Senator received his education and in which he always maintained a keen anrl active interest.

The constant devotion of the members of this family to one another should prove a lesson to others and a source of treasured memory to them. ·

The public life of Senator WILLIS covered a period of 30 years, during which time I knew llim intimately. I know the motives that -deter­mined his course in relation to questions of public welfare. He did what he thought was right as God gave him to see tile light. On all questions involving a moral principle he was adamant. Immovably centered in his high purposes, he defied all danger and battled every adversary. He threw his shining lance full and fair in the face of public wrong, and so fighting fell on the field of conflict. As a soldier falls in battle, so fell he in action.

On questions of public policy and administration he was guided by principles fundamental to the public weal. He had faith in ·rree institutions and in the capacity of the people for self-government en­lightened by the truth. The people of Ohio reciprocated that trust and had faith in him, as he held the greatest and most loyal personal following of any Ohio leader since William fcKinley.

He believed' that a democracy could best be preserved and its administration most efficiently served through the agency of political parties. He therefore fought fearlessly for his political faith. He advo­cated principles as the foundation of political parties and not person­alities. In his last public address, with what now appears as prophetic vision, with most impressive solemnity, he declared, "Men pass on, but principles endure." He was not an opportunist, never " embraced doc­trines fashioned to the varying hour." He determined his course on the high seas of public service by the fixed stars of fundamental prin­ciple. It can be said of Senator WILLIS, as was said of Fabricius, the g1·eat Roman consul. " It would be as difficult to turn the sun from its course as to turn Fabricius from the path of honor."

Senator WILLIS was a man of God; as Lincoln was in deep devo­tion true to God, so WILLIS had faith in a Divine Providence that determines the destinies of nations and guides in the affairs of men ; that faith in God that marked his long career radiating from his life brought him through the storms and tempests of the voyage with a reputation stainless as a star, a character rugged -and invincible as truth.

Better than all wealth, better than all power, better than all posi­tion, to have the character, courage, and manhood of FRANK B. WILLIS.

Farewell to you, my noble friend ! Farewell to you ! " Men pass on. Principles endure."

l\.1r FESS. Mr. President, I also hold in my hand two edi­torials, one from the Cleveland Plain Dealer-an independent paper with Democratic leanings, which makes a very splendid statement on the character of the Senator-and one frpm the Cleveland News. These are very significant utterances. I ask unanimous consent to have them inserted in the RECORD.

The PRESIDING OFFICER. Without objection, it is so ordered.

The matter referred to is as follows: [From the Cleveland Plain Dealer of April 8, 1928]

SENATOR WILLIS

FnA:!\"K BARTLETTE WILLIS died as one might wish to die-painlessly, at the peak of a notable career, in the midst of friends gathered to do him honor, in the town which had proudly sponsored him through many years of public service. Political history affords few incidents so dramatic as this passing of Ohio's senior Senator.

Tongues that ye>terday were denouncing WILLIS as a contender for the favor of his State as a presidential aspirant will to-day speak the Senator's praises. For both as a man and as a public servant there

8410 CONGR.ESSIONAL RECORD-HOUSE l\fAy 11 was much in WILLIS that merits praise. He embodied many of the traits that bas made America a natio-n powerful and respected. The bitterness of a primary campaign is hushed in the presence of death.

Mr. WlLLIS expected to · be an educator, but politics captured him young. As a member of the legi lature and then of Congress, as a governor, and as a United States Senator be continued to advance in the esteem of his party in Ohio. Whatever else be aid of his desire to be nominated for Pre itlcnt in June, the ambition was natural and logical and none now will ever know what chance he might have had in the convention.

In politics WILLIS played the game hard and square. The fact that in his long career be never lost a primary battle indicates a hold on his party in this State that had given his opponents in the present campaign more than one moment of concern. Even when defeated for re~lection to the governorship in 1916 be ran many thousands of votes ahead of his ticket.

During the years when Ohio was slowly emerging from the wet column to join the dry Stutes, WILLIS made himself a leader of this reform movement; with the advent of State and national prohibition he continued its spokesman at home and in Washington. No man was quicker to accept the challenge of the wets on the floor of the Senate than this school-teacher from Ohio. No one could rattle him, blul!: him, or scare him. Prohibition was almost a part of his religion and he <lefended it with militant sincerity.

In elections the Senator was always stronger than his party. By long service be had built up in the minds of thousands of Ohioans the conviction that FRANK WILLIS was honest, that he saw problems from the viewpoint of average people, and could be trusted to do the square thing always. The rough politics of his early years taught him the art of mixing with folks. The high hat was no part of his equipment. No man had a heartier handshake or a more cordial manner of greeting his friend .

Mr. WILLIS falls in the hardest battle of his life. It was fairly characteristic of him that when his political dominance in his own State was assailed be lost no time in buckling on the armor worn through so many fights and made straight for the scene of conflict. He had never learned to dodge a blow, but stood to take and return it. It was the ~arne old WILLIS of a decade or more ago who swung into the primary fight in Ohio at the challenge of Hoover-the WILLIS who asked no quarter but knew that the outcome of this primary battle would determine the most momentous issue of his political life.

Death scores against a man whom no party opponent had ever been able to down. * * *

Friend and political foe alike may well pause in homage to one who served his State diligently and creditably, and who leaves at death a record that calls for no excuse.

[Editorial from the Cleveland News of April 1, 1928]

NATION MOURNS HIM

Ohio has lost a loyal son, an honest, able, and courageous man, in the untimely passing of Senator FRANK B. WILLIS. The Nation, too, bas suffered the loss of a loyal servant, a worker at all times intensely devoted to the welfare and happiness of the people.

It is doubtful that Ohio has ever produced in its long list of illus­trious sons a man more lo>able and beloved in both bi.s public and private life than was Senator WILLIS. Not only was he esteemed for his works as a lawmaker and executive but be was ardently loved for his personal deeds and hi affection for his fellow men. He was per­sonally known to tens of thousands of men, wo~en, and children throughout the great State be was so proud to own as his birthplace. Each of these thousands had for him the warmest of affection, and in his or her turn was proud to acknowledge the friendship of FllANK

B. WILLIS. Posse sed of indomitable courage and determination, he was a per­

sistent and unrelenting fighter for any cause he believed to be just. He never compromised on an Issue or with his political foes, nor did be ever give up a fight for an ideal until be bad won the victory. He never dodged meeting an issue face to face, nor could he ever bting himself to a>oid conflict because of a:ny political expediency. His political enemies were among· his warmest per onal friends, for no one could do other than admixe his sincerity and unflagging courage.

His whole life was one of conte-st, of battling for the things be believed to be right. Often abandoned by his party leaders in the midst of a strenuous campaign or given half-hearted support, Senator WILLIS never complained nor became bitter. He went on with his fight, deter­mined to carry on to the last, along the lines be bad mapped out for himself. By force ot habit and character be b came to a large extent un individualist. He sought help in his campaigns from those be believed hould be allied with his cause. If this help was not forth­coming, he went ahead on his own. Like all men of his determination, be wa bound to uffer many defeats along the way. But defeat no moFe shook bis courage than did victory cause him to cease struggling. His characteristic determination was shown when he told those who led the campaign of Secretary Hoover against him that be would not com­promise with them on the naming of the Ohio presidential primary can-

didates. He told them that even if defeat for him in the primary cam­paign meant the end of his political career he would not waver in his plans to carry on the fight to a fini h. IIe would put his fate to the test, regardlfss of the outcome and regardless of the fact that an easy way out of the problem could be effected by acceptance of a compromise plan.

No man can but admire such courage. His ardent devotion to pro­hibition cost him many friends, yet be never permitted crHicism or cert.'lin loss of votes to influence his open campaigning for the cause he espou ed. Nor did he ever stay away from the enemy's strong­holds in his campaigns. He loved to carry the fight into hostile towns and cities; fear bad no pat·t in his make-up. Warnell often by friends that be would be making a mistake to talk prohibition in a locality known to be opposed to tbat proposi't:ion, be still would in ·ist on carrying on his campaign in that place, and with added vigor and intensity.

In this characteri tic, at lea t, be was Roo eveltian in his make-up. As a teacher, Congressman, governor, Senator, and candidate for the greatest office open to any American, Senator WILLIS wa ever an able, courageous, bone t, and sincere man. He loved to fight for the right as he saw· it. And he died as be doubtles woulU have wished to have passed, had he hi choice. Deatb came to him in the mldst of the greatest fight of hi life. A tragedy, it is true, that bas shocked and saddened Ohio an<l the Nation. But he went down fighting to the last, a glorious death for such a man as be.

The Nation's estimate of Senator WILLIS is well expre sed in the message sent to Mrs. Willi by President Coolidge. It follows:

"News of the sudden passing of your husband has been a great bock to me. He rendered distinguished service in his State assembly,

later as Governor of Ohio, and al o in the National House and Senate. He was an earnest and effective advocate of causes which he con idered just, and a man of upright character. His going will be a distinct loss to our public life. Mrs. Coolidge joins me in deep sympathy for yon and your daughter and his other relatives and friends."

A fitting epitaph, indeed, for any man !

Mr. FESS. Mr. President, as a further mark of respect to the memory of our deceased colleague, I move that the Senate stand in recess until 12 o'clock to-morrow.

The motion was unanimously agreed to ; and (at 4 o'clock and 30 minutes p. m.) the Senate took a recess until to-morrow, Saturday, May 12, 1928, at 12 o'clock meriatan.

HOUSE OF REPRESENTATIVES FRIDAY, May 11, 1928

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

the following prayer:

Holy, true, ·and merciful Lord, Thou dost always keep in remembrance Thy gracious promise, namely, "I will never leave por forsake thee." 0 God of our fathers, withhold not Thy presence from our bcl<>ved land. 'orne Thou to all the children of men and put a new face on this weary old earth, and the powa· of intellect and the skill of genius shall be uperseded by the holy Babe of Bethlehem. Oh, that all men would be lovers, uiligent and faithful, patient and hopeful, justifying their pres­ence in the world. It is our mission and our glory. 0 teach us that blessed is the man who is guided along this way. In the blessed name of Jesus. Amen.

The J om·nal of the proceedings of ye terday was read and approved.

MESSAGE FROM THE SENATE

A message from the Senate, by Mr. Craven, its principal clerk, announced that the Senate had passed without amendment bills and a joint resolution of the House of the following titles:

H. R. 15. An act authorizing an appropriation to enable the Secretary of the Interior to carry out the provi ions of the act of l\fay 26, 1926 ( 44 Stat. L. 655) , to make additions to the Absaroka and Gallatin National Forests, and to improve and extend the winter-feed facilities of the elk, antelope, and other game animals of Yellowstone National Park and adjacent land;

H. R. 158. An act to amend chapter 137 of volume 39 of the United States Statutes at Large, Sixty-fourth ongr·ess, first session;

H. R.167. An act to amend the act of February 12, 19-25 (Public, No. 402, 68th Cong.), so as to permit the Cowlitz Tribe of Indian · to file suit in the Court of Claims under aid act;

n. R. 332. An act validatino- homestead entry of Engleha1·d Sperstad for certain public land in Alaska ;

H. R. 491. An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California ;

H. R. 3467. An act for the relief of Giles Gordon ;

1928 GONGRESSION AL RECORD-HOUSE 8411 . H. R. 4303. An act for the relief of the Smith Tablet Co., of

Holyoke, Mass. ; H. R. 4396. An act for the relief of Jesse R. Shivers; H. R. 4619. An act for the relief of E. A. Clatterbuck; H. R. 4927. An act for the relief of Francis Sweeney; H. R. 5681. An act to provide a differential in pay for night

work in the Postal Service; H. R. 5935. An act for the relief of the ~1cAteer Shipbuilding

Co. (Inc.); H. R. 7459. An act to authorize the appropriation for use by

the Secretary of Agriculture of certain funds for wool stand­ards, and for other purposes ;

H. R. 7900. An act granting allowances for rent, fuel, light, and equipment to postmasters of the fourth class, and for other purposes;

H. R. 7946. An act to repeal an act entitled "An act to extend the provisions of the homestead laws to certain lands in the Ye1lowstone forest reserve," approved :March 15, 1906;

H. R. 8001. An act conferring jurisdiction upon certain courts of the United States to hear and .determine the claim by the owner of the steamship City of Beaumont against the United States. and for other purposes;

H. R. 8307. An act amending section 5 of the act approved June 9, 1916 (39 Stat. L. 218), so as to authorize the sale of timber on class 3 of the Oregon & California Railroad and Coos Bay wagon-road grant lands;

H. R. 8337. An act to amend the air mail act of February 2, 1925, as amended by the act of June 3, 1926 ;

H. R. 8474. An act for the relief of Elmer J. Nead; H. R. 8810. An act for the relief of John L. Nightingale; H. R. 9568. An act to authorize the purcha e at private sale

of a tract of land in Louisiana, and for other purposes-; H. R. 9612. An act authorizing and directing the Secretary

of the Interior to allow Norman P. Ives, jr., credit on other lands for compliances made in homestead entry, Gainesville, 021032;

H. R. 9789. An act for the relief of Sallie E. McQueen and Janie McQueen Parker;

H. R. 10067. An act for the relief of l\Iarion Banta; H. R. ~1245. An act to cancel certain notes of the Panama

Railroad Co. held by the Treasurer of the United States; H. R. 11475. An act to revise and codify the laws of the Canal

Zone: H. R. U 716. An act authorizing and directing the Secretary

of the Interior to issue patents to Ethel L. Saunders, and for other purposes ;

H. R. 11852. An act providing for the confirmation of grant of lands formerly the United States barracks at Baton Rouge, La., to the board of supervisors of the Louisiana State University and Agricultural and Mechanical Co'Ilege ;

H. R.11960. An act for the relief of D. George .Shorten; H. R. 12049. An act to authorize the Secretary of the Interior

to sell to W. H. Walker, Ruth T. Walker, and Queen E. Walker, upon the payment of $1.25 per acre, the southeast quarter sec­tion 34, township 2 north, range 14 east, Choctaw meridian, Clarke County, l\Iiss.;

H. R. 12379. An act granting the consent of Congress to Howard Seabury to construct, maintain, and operate a dam to retain tidal waters in an unnamed cove which is situated and extends from Cases Inlet into section 28, township 21 north, 1·ange 1 west, Willamette meridian, in Pierce County, State of Washington; •

H. R. 12383. An act to amend section 11 of an act approved February 28, 1925 (43 Stat. 1064, U. S. C., title 39), granting sick lea\e to employees in the Postal Senice, and for other purposes; and

H. J. Res. 256. House joint resolution authorizing the United States Bureau of Public Roads to make a survey of the uncom­pleted bridges of the Oversea Highway from Key West to the mainland, in the State of Floriua, with a view of obtaining the cost of the construction of said bridge , and report their findings to Congress.

The message also announced that the Senate had passed, with amendments in which the concurrence of the House of Representatives was requested, bills of the House of the fol­lowing titles:

H. R. 4664. An act for the relief of Capt. George R. Arm­strong, United States Army, retired;

H. R. 5695. An act authorizing the Secretary of the Interior to equitably adjust disputes and claims of settlers and others against the United States and between each other arising from incomplete or faulty surveys in township 19 south, range 26 east, and in sections 7, 8, 17, 18, 19, 30, 31, township 19 south, range 27 east, Tallahassee meridian, Lake County, in the State of Florida;

H. R. 8110. An act withdrawing from entry the northwest quarter section 12, township 30 north, range 19 east Montana me1idian; '

. H. R. 10~59. An act granting pensions and increase of pen­swns to Widows and former widows of certain soldiers sailors and mariiles of the Ci¥il War, and for other purposes;' '

H. R. 10374. An act for the acquisition of lands for· an addi­tion to the Beal Nursery at East Tawas, Mich.; and

H. R.11990. An act to authorize the leasing of public lands for use as public aviation fields.

The message further announced that the Senate had passed bills and joint resolutions of the following titles, in which the concurrence of the House was requested:

S. 61. An act granting an increase of pension to Louise A. Wood;

S. 116. An act for the relief of R. S. Howard Co.; S. 382. An act for the relief of Joseph F. Thorpe; S. 443. An act for the relief of Larry M. Temple ; S. 460. An act for the relief of the owners of the barge

Mary ]J[;

S. 860. An act allowing credit to postal and substitute postal employees for time served in the Army Navy or Marine Corps of the United States; ' '

S.1251. An act to regulate the marking of platinum imported into the United States or transported in interstate commerce, and for other purposes ;

S. 1344. An act to amend an act entitled "An act to provide for the protection of forest lands, for the reforestation of denuded areas, and for the extension of national forests and for other purposes, in order to promote the continuous pr~duc­tion of timber on lands chiefly suitable therefor," approved June 4, 1924;

S. 1511. An act for the exchange of lands adjacent to national forests in Montana;

S.1577. An act to add certain lands to the Boise National Forest, Idaho ;

S. 1578. An act to add certain lands to the Idaho National Forest, Idaho ;

S. 2107. An act to provide for steel cars in the railway post-office servjce; ·

S. 2289. An act authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Veterans of Foreian Wars of the United States, Department of Minnesota the b~ll formerly on the old cruiser MvnneapoUs ~· '

S. 2526. An act for the relief of Sheldon R. Purdy ; S. 3039. An act authorizing an appropriation for the construc­

tion of a bridge and approach road leading to 'the Zillah State Park, Wash.;

S. 3056. An act for the relief of the estate of Moses M. Bane; S. 3281. An act to provide a shorter workday on Saturday for

postal employees ; S. 3328. An act to amend title 39, the Po tal Service, chapter

2, section 32, the Code of Laws of the United States of Amer­ica in force December 6, 1926 (vol. 44, Pt. I, U. S. Stat. L.);

S. 3452. An act for the relief of George W. Abberger; S. 3525. An act for the relief of A. M. Thomas ; S. 3595. An act for ~ the relief of Arch L. Gregg; S. 3620. An act g1·anting certain land to the Roman Catholic

eongregation of St. Joseph's Roman Catholic Church in the parish of East Baton Rouge, La. ;

S. 3743. An act for the relief of C. N. Markle; · S. 3794. An act for the relief of R. E. Hansen ; S. 3800. An act to carry out provisions of the Pan Anterican

Postal Convention concerning franking plivileges for diplomatic officers in Pan American countries and the United States ;

S. 3827. An act to exempt employees of the public-school sys­tem of the District of Columbia from the $2,000 salary limita­tion provision of the legislative, executive, and judicial appro­priation act, approved May 10, 1916, as amended.

S. 3912. An act for the relief of Gustave Hoffman; S. 3931. An act for the relief of Augusta Cornog; S. 3954. An act to quiet tjtle in the heirs of Norbert Bou-

dousquie to certain lands in Louisiana ; , S. 4022. An act authorizing the Secretary the Interior to ,

lease land in Stanley County, S. Dak., to Henry A. O'Neil for a buffalo pasture ;

S. 4087. An act authorizing the use of certain land owned by the United States in the District of Columbia for street purposes;

S. 4124. An act to provide for notice to owners of land as­sessed for benefits by the \ei'dict of condemnation juries in the Dish·ict of Columbia, and for other purposes;

S. 4126. An act authorizing the National Capital Park and Planning Commission to acquire title to land subject to limited

8412 CONGRESS! ON AL RECORD-HOUSE MAY 11 rights reserved, and limited rights in land, and authorizing the Director of Public Buildings and Public Parks of the National Capital to lease land or existing buildings for limited periods in certain instances ;

S. 41.73. An act to transfer jurisdiction over certain national military parks and national monuments from the War De­partment to the Department of the Interior~ and for other pul'p(> es;

S. 4257. An act to authorize the payment of certain salaries or compensation to Federal officials and employees by the trea urer of the Territory of Alaska;

. 4273. An act authorizing certain Indian tribes and bands, or any of them, residing in the State of Washington to present their claims to the Court of Claims ;

S. 428S. An ·act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct. maintain, and op­erate a bridge aero s the South Fork of the Cumberland River at Burnside, Pulaski County, Ky.;

S. 4289. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and operate a bridge aero · the Cumberland River at or n·ear Neelys Ferry in Cumberland County, Ky.;

S. 4200. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to con truct, maintain, and oper­ate a, bridge across the Cumberland River at · or near Burkes­ville, Cumberland County, Ky.;

S. 4291. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and oper­ate a bridge aero s the Cumberland River at or near Arat, Cumberland County, Ky.;

S. 4292 . .An act authoriztng the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and oper­ate a bridge acros the Cumberland River at or near Center Point, in Monroe County, Ky.;

S. 4293. An act authorizing the State Highway Commission, Commonwealth of Kentucky, to construct, maintain, and oper­ate a bridge ac1·oss the Cumberland River at or near Creelsboro, in Russell County, Ky.;

S. 4294. An act authorizing the State Highway Commis ion, ·Commonwealth of Kentucky, to construct, maintain, and oper­ate a bridge aero the Cumberland River at or near Burnside, Pulaski County, Ky.; ·

S. 4295. An act authorizing the State Highway Commission, Commonwealth pf Kentucky, to construc-t, maintain, and oper­ate a bridge aero the Cumberland River at or near the mouth of Indian Creek, in Rus ell County, Ky.;

S. 4302. An act to authorize the Secretary of Commerce to convey the Federal Point Lighthouse Reservation, N. 0., to the city of Wilmington, N. 0., as a memorial to conui:lemorate the Battle of Fort Fisher; ·

S. 4382. An act to amend the act {Public, No. 135, 68th Cong.), approved May 24, 1924, entitled "An act for the r eor­ganization and improvement of t4e Foreign Service of the United States, and for other purposes" ;

S. J. Res. 130. Senate joint resolution suspe:pding certain pro­visions of law in connection with the acquisition of lands within the Alabama National Forest; and .

S. J. Res. 110. Senate joint resolution to provide for annexing certain islands of the Samoan group to the United States, and for other purpo es.

The message al o announced that the Senate agrees to the amendment of the House of Representatives to the bill ( S. 3674) .entitled "An act to amend the act entitled 'An act to pro­vide that the United States shall aid the States in the construc­tion of rural po t roads, and for other purposes,' approved July 11, 1916, as amended and supplemented, and for other purposes."

The message further announced that the Senate agrees to the amendments of the House of Representatives to the amend­ments of the Senate numbered 56, 59, 80, 84, 85, 86, 99, and 102 to the bill (H. R. 11577) entitled "An act making appropria­tions for the Department of Agriculture for the fiscal year end­ing June 30, 1929, and for other purposes," and recedes from its amendment numbered 100 to said bill.

· Tbe message Ill o a.nn·ounced that the Senate agrees to the amendments of the Hou e of Representatives to the amend­ments of the Senate numbered 42 and 43 to the bill (H. R. 12875) entitled "An act making appropriations for the legisla­tive branch of the Government for the fiscal year ending June 30, 1929, and for other purposes.

HISTORICAL MUSEUM IN DEFIANCE, OHIO

Mr. LUCE . . Mr. Speaker, I ask unanimous con ent to take from the Speaker's table the resolution ( S. J. Res. 82) providing for the erection of a public historical musuem on the site of Fort Defiance, Defiance, Ohio, and consider the same in the

House as in Committee of the Whole. If consent is granted I shall move to amend by certain amendments which wer~ embodied in the report from the House Committee on tlle Library in a similar bill.

The SPEAKER. The gentleman from Ma aclmsetts a ks unanimous consent to take from the Speaker' table Senate J oint Resolution 82, and consider the same in the House a in Committee of the Whole. The Clerk will report the resolution.

The Clerk read the resolution, as follows : Senate joint resolution (S. J. Res. 82) providing for the erection of

a public historical museum on the site of Fort Defiance, Defiance Oh~ '

Whereas on the 9th day of August, 1794, Gen. Anthony Wayne, a gallant and distinguished soldier of the Revolutionary and Indian Wars, erected a fort at the confluence of the Maumee and Auglaize Rivers, known as Fort Defiance ; and

Whereas the original site of old Fort Defiance is now preserved as a public park of 3 acres, wherein the State of Ohio bas expended $26,000 to construct a concrete retaining wall, and a further appropriation by the State of Ohio is available for landscaping and beautification of site ; and -

Whereas the site is one of national as well as local significance: Therefore be it

Resolved, etc., That the Secretary of War is authorized and directed (1) with the approval of the proper official of the State of Ohio, to select a site in the public park maintained by the State of Ohio <>n the site of Fort Defiance, at Defiance, Ohio, and (2) to construct there­on, as a memorial to Gen. Anthony Wayne, a public museum suitable for housing a collection of historical relics which is already available; but such museum shall not be constructed . until the State of Ohio has made adequate provision for its care and maintenance, and the Secretary of War may, in his discretion, suspend all con tructlon under this act until the State of Ohio has made available a sum equal to that hereinafter authorized to be appropriated, to be used in the construction of such museum.

SEc. 2. The plans for such museum shall be subject to the approval of the National Commi sion of Fine Arts.

SEc. 3. There is hereby author~d to be appropriated the sum of $50,~0.0, or so much thereof as may be necessary, to carry out the provisiOns of this act.

The SPEAKER. I there objection? There was no objection. The SPEAKER. The Clerk will read t11e bill fo amend­

ment. The Clerk read the bill for amendment. Mr. LUCE offered the following amendments: Line 1, page 2 of the

Senate bill, strike out the words " with the approval of the " and insert the words " to cooperate with the."

Linee2, sb·ike out the words "to select" and insert the words "and the proper official of t he county of Defiance, Ohio, in selecting."

Line 11, page 2, strike out the words "a sum equal to that herein­after authorized to be appropriated " and insert " the sum of $50,000, and the county of Defiance, Ohio, the sum of $25,000."

The amendments were agreed to. 1\lr. LUCE. Mr. Speaker, I move to strike out the preamble. The motion was agreed to. 'l'he bill as amended wa ordered to be read a third time was

read the third time, and passed. ' The motion of :Ur. LucE to reconsider the ~ote was laid on the

table. • A similar House bill was laid on the table.

NATIONAL SA.FE:I'Y LESSOl'l' CONTEST

1\Ir. SINCLAIR. l\Ir. Speaker, I ask unanimous consent to extend my rema1·ks in the RECORD by printing the " Winnin ... Les;ron," by Miss Anna M. Keedy, of North Dakota, in th~ national safety contest conducted by the highway education board under the auspices of the National .Automobile Chamber of Commerce.

The SPEAKER. The gentleman from North Dakota asks unanimous consent to extend his remarks in the RECORD in the manner indicated. Is there objection?

There was no objection. Mr. SINCLAIR. Mr. Speaker, under the leave granted to me

to extend my remru·ks, I desire to insert in the RECOIID the winning lesson in the 1926-27 National Safety Lesson Contest. T~is was submitted by Miss Anna M. Keedy, a teacher in the Mmot (N. Dak.) public chools, and won for her first national honors in the sixth of a series of similar contests, conducted each year by the highway education board among the ele­mentary- chool teachers of the Nation.

By process of elimination, Mi s Keedy's les. on was chosen succes ively as the best f~om her school, the best from North Dakota, ang eyentually, gye!: more than 80,000 other lessons,

1928 ·CONGRESS! ON AL. RECORD-HOUSE 8413 as the best from the United States. The committee that awarded her first honors for North Dakota was named by the State superintendent of public instruction, while the national judges were Dr. M. L. Duggan, State superintendent of schools, Atlanta, Ga. ; Mr. Bruce Wil~on, national director, American Red Cross, Washington, D. C.; and Mr. A. H. Hinkle, highway engineer, State Highway Commission, Indianapolis, Ind. By the decision of the committee Miss Keedy has won a trip to Wa~hington from her home in North Dakota, with all expenses paid, and a check for $500. Her a wards are the gifts of the National Automobile Chamber of Commerce, donor of approxi­mately $6,500 in prizes for pupils and teachers who particip]lte in the essay and lesson contests. Miss Keedy is in Washington this week, and on the 9th was received by President Coolidge. By him she was presented with a ce~ificate of award for meritorious achievement in street and highway safety educa­tion.

The question of safety on our streets and highways is becom­ing more and more one of national importance. These con-

, tests serve a most useful purpose in educating the youth of the land and in molding public opinion. As the Representative of the district in which Minot is located, I take this opportunity of saying that all North Dakotans are proud of the merited honor which Miss Keedy has brought to our State.

The matter referred to is as follows:

WINNING LESSON IN THE 1926-27 NATIONAL SAFETY-LESSON CONTEST­

STREET AND HIGHWAY SAFETY COORDINATED WITH ORAL A:-i'D WRI'l'TJJN

COMPOSITION

Keeping in mind characteristics always found in the average child of the eighth grade, a project was planned for the boys and girls, with an endeavor to stimulate interest along chosen lines. It was carried out by means of pupil activity under teacher guidance.

The grade is composed of five divisions, averaging 42 pupils in a division.

Project: Teaching street and highway safety. Teacher's aim ; 1. To help my pupils to realize that education in safety on streets and

highways is necessary. -2. To create in each pupil a desire to prevent accidents on streets

and highways. 3. To aid them in the formation of habits of safety. 4. To assist them in their desire to help others, especially younger

children. Early in October I had told my pupils to keep their eyes open for

anything dealing with safety on streets and highways. Now that the time for the safety campaign had arrived, they brought to school great quantities of material-magazine and newspaper clippings, pictures, street and crossroad oiagrams, etc. The following are some of the facts gleaned from this material;

1. Travel and tran,portation in the United States have greatly increased in the last 20 years.

2. Means of travel and tl·ansportation have changed in recent years. 3. Transportation and travel are much more rapid. 4. Population has greatly increased. 5. -The number of motor conveyances has increased. In 1912 there

were 1,000,000 automobiles in the United States; in 1926, 22,000,000 motor vehicles. (North Dakota has 1 automobile to every 4.5 persons.)

6. There has been a resulting increase in traffic fatalities. _(In 1926, 7,000 children under 15 years of age were killed in or died as a result of tr·affic accidents. There was an annual average of 25,000 deaths and 100,000 injuries because of accidents on streets and highways.)

A brief discussion of the foregoing facts at once led to the statement, '' Something must be done to meet this new condition."

It was decided that each pupil find out all he could about what had been done and bring in at least one new suggestion.

The recitation next day showed that many things had been done­highways graded, embankments fenced, streets widened, curves posted, etc. One boy said he really believed the sign, " Caution-School," placed about a half block from our school grounds helped, and that people in general respected these signboards.

All this had been done, but accidents continued to increase. What more could be done?

The most interesting part was what the pupils thought they could do. Their suggestions were :

1. We can write a code of safety laws and live up to them. 2. We can help each other in obeying these laws. 3. We can make posters and put them up in public places and in

other schools. 4. We can write plays and put on a safety program. 5. We can make speeches, and we might have a debate. In order to facilitate the writing of the safety code each division

was further separated into eight groups. (Five pupils constitute a good working unit.) Each group wrote a code of 10 laws. These eight sets of rules were submitted to a committee made up of one representa­tive from each group. This committee sifted and revised the eight

codes, making a · new one. This -was then -placed on the blackboard, discussed, revised, and adopted by the class. _Each of -the five divisions made its own set of laws. The following set of laws was- adopted by one division :

1. I will not play on streets and highways. 2. I will always stop, look, and listen before crossing the street. 3. I will cross streets at crossings and always at right angles. 4. I will not compare my rate of speed with that of an approaching

vehicle and take a chance. 5. I will bold my umbrella upright when crossing the street. 6. I will avoid running behind and in front of ears. 7. I will not book rides on automobiles, trucks, and other moving

vehicles. 8. When riding in an automobile I will not attract the driver's

attention. 9. I will always try to help elderly people and little children_ when

crossing the street. . 10. r will try to make these laws a habit. In order to assist the children in living up to their "safety code,"

and in so doing form habits of safety, a "roll of honor" was devised. Each pupil · who for one week - lived up to the code accepted by his division was to have his name placed on the " roll of honor." This was very successful, the children keeping check on each other. Addi­tional interest was aroused by this recognition of satisfactory results.

One day was poster and slogan day. Another day was safety verse and song day. Two days were spent on oral composition work. At this time we had try-outs to choose the members of the flying squadron, composed of girls, and the minute men, composed of boys. These pupils gave talks on safety on stt·eets- and highways to the children in the fourth, fifth, and sixth grades and carried safety posters, which they explained to the first, second, and third grades. These talks were very helpful. The older children felt that they had a responsibility. They must not only tell the younger children but must set them a good example.

One day the pupils put on a safety assembly program. Original poems and codes of laws wet·e read. Safety songs were sung, and talks on safety were given. The following playlet and song, written durin-g our 1924 safety campaign, were again presented;

SAF-ETY DIALOGUE FOR EIGHT PUPILS

CHARACTERS

Uncle Sam, an eighth-grade boy, dressed as Uncle Sam, seated at desk, reading statistics and looking very much worried and perplexed.

Traffic, large boy, carrying box of shredded wheat, box: of coffee, eack of salt, etc.

Carelessness, girl dressed in keeping with her name. Selfishness, small eighth-grade boy. Law Enforcement, boy dressed as traffic officer. Education, girl wearing college cap and gown. Courtesy, girl wearing crown marked "courtesy,'' in gold letters. Obedience, boy wearing scarf marked " obedience " in blue letters,

carrying the pledge of carefulness. Uncle SA~r (slowly leafing over papers and talking slowly) : Twenty

thousand killed or died as a result of traffic accidents in 1926. An annual average of 25,000 deaths and 100,000 _Persons injured because of accidents on streets and highways. Something must be done. Some­tbing-m ust--be---done.

(As Uncle Sam is meditating, Trame enters and salutes.) Uncle SAl\f : Traffic, I am glad to see you. I have a problem on hand

just now. It . is one in which you, too, are interested and will be likely to give valuable assistance.

TRAFFIC: Oh, certainly, I will be glad to help you in any way I can; wondrous busy, though. Not a ton of coal is mined or a bale of cotton grown but I carry it to its destination. The West wants what the East produces, and the East wants what the West yields. . I am kept eve:r increasingly busy, to the great enrichment of our people.

UNCLE SAM.- That is very true; and if that were all, we might well rejoice. I read here, however, of the great loss of life by accident. It makes me think of widows, orphans, childless homes, and of un­told suffering.

TRAFFIC. Yes; I am responsible for some of that ; but I'm not al· ways to blame. People are so thoughtless and selfish, and some are ignorant. They rush headlong into my way, and I can not stop for them. Commerce demands that I hurry. -

UNCLE SAM. I wish you would remember that human life is a sac;red thing, and the lives of my people are dear to me. It pays to be careful.

TRAFFIC. Your wish is law to me. (While Traffic is leaving the platform, Carelessness enters.) CARELESS:-iESS. Oh, I am so worried and so sorry ! Can't you help

me? UNCLE SAM. And what is the trouble now? CARELESSNESS. My brother, Jay Walker, has had both his legs cut

oii right above the knees. He was just running across the street from the Globe Gazette to the Benno Drug, when Traffic came along and ran right over him. ·

UNCLJD SAM. Was not Traffic doing his duty?

8414 CONGRESSIONAL RECORD-HOUSE ~fAy 11 CAitELESS::O.""ESS . . Oh, maybe be was. Of course, the street is slip­

pery .tbere, and he says his brakes did not work quickly. He kn<>ws Jay Walker and should have been on the lookout for bi.m. Poor Jay just wanted to see what the boys were looking at in the shop window. lie always said ·he was not going t<> walk his legs off by ' going to the crossings.

UNCLE SAM. The person who crosses the street in the middle <lf a block invites an extra hazard, for statistics show that half the tra ffic accidents occur in that way. Does Jay Walker not know the laws of proper conduct on streets and highways?

CARELESSNESS. Oh, yes; Mother Love and Education both have taught him ; but when Jay Walker was a little fellow he chummed with Dis­obedience, and he likes to have his own way.

UNCLE SAM. I am sorry, but lawbreakers must take the conse­quences of their own acts, and it is much the same with those who violate traffic rules.

(As Carelessness leaves, Selfishness enters.) SELFISHNESS. There, now, tbat car of ours was just smashed all to

pteces just because that truck load of grain was in my way. UNCLE SAM. And where did all this happen? ~JilLFISHNESS. Right out of town on the Burlington Road. It wasn't

my fault, either. I know all about the traffic laws and can manage a car perfectly. Never get a bit nervous. It was just a new car, too, and I was trying it out to see what I coulrl do. We were coming down the hill at a great rate when right around the curve we struck that truck. Its driver should have heard us coming and have pulled out to the side.

UNCLE SAM. Seems to me you are hardly old enough to drive a car. SELFISHNESS. Well, I'm not, according to the law, but sometimes I

take Dad's. He'll not like it when he finds this out. I'd have gotten along all right it I could have had the whole road.

UNCLE SAM. Selfishness, I do not like your manner, and scarcely believe the public would be willing to maintain roads solely for you. But here com~.s my good friend and helper Law Enforcement.

(Law Enforcement enters and salutes; Selfishness leaves.) UNCLE SAM. Glad to see you. How are things coming now? LAw ENFORCEl!rU!lNT. Accidents are not a necessary eovil. The number

can be greatly reduced. Education can do more than all <>ther agencies, but her work must be continuous and systematic. The public must be educated in traffic regulations, safety-first measures, and the duty of the pedestrian as well as that of the driver.

UNCLE SAM. I am told Education is already at work. I will call her. (Education enters as Law Enforcement leaves.) EoucilloN. I will help solve this great problem. Was it not I who

taught the children the harmful effects of alcoholic liquors? I have the power to mold the lites of the youth of this great land, and I will teach childhood the lesson of safety. I am already at work, but the accom­plishment of so great a task will take time.

UNCLE SAM. I am interested to know some of your plana. EDUCATION. I intend, of course, to continue the instruction of the

public in the general laws of safety first and in all traffic regulations, but my real effort is to be with the children. Some ·school lilYstems have already adopted a course of safety lessona as a part of the cur­riculum. Safety subjects are used in various phases of classroom work, where the constructive side of safety is emphasized. Children of all ages are illterested in learning ways and means of saving lite. The Highway Education Board is rendeling valuable assistance by its annual campaign with essay and lesson contests.

UNCLE SAM. Education, I like your plan of work. You have accom­plished grell.t things, and I believe you can do even greater. What you tell me sounds encouraging, and I hope you W'ill go right ahead. There is need of more education as to individual responsibility.

EDUCATION. I hasten, that no time may be lost. (EducatlOll leave~a a.s Courtesy enters.) COURTESY (bowing). I beg your pardon for this intrusion, but I have

heard of the great problem that confronts this Nation of ours, and I am come to offer my assistauce. I would teach youth to respect the rights of others, to be quiet and thoughtful on streets and highways, to help the aged and litUe children, and alwaya to remember " safety first."

UNCLE SAM. Courtesy, you were ever an obedient daughter, and will be a worthy helper of your elder sister, Education.

COURTESY. Thank you. Good-by. (Enter Obedience, Traffic, Carelessness, Selfishness, and Education.) UNCLE SAM. Obedience, what news to-day? OBEDIENCE. I carry here the pledge of carefulness (reads tbe pledge) :

<fpLEDGE OF CAREFULNESS " Realizing my .responsibility as an American citizen to secure the

safety of others by careful conduct on the streets ; "Realizing that the accident and death toll of my Nation, State,

an<l cit y can best be reduced by thoughtfulness and carefulness ; "I pledge lllyself to be considerate of the rights of others while on

the streets and highways ; to learn and observe traffic rules and regula­tions to the best of my ability; to cooperate 1n a campaign of care­tulne s, either as a pedestrian or as a driver of a vehicle ; and I will, by

precept and example, endeavor to assist others in making streets and highways safe." ·

These are the signatures of the children. TRAFFIC. I, too, would sign the pledge. C.AIUilLESSNESS. Education bas made me ashamed of my old habits. 1

now wish to sign the ple<lge. My brother is working hard to earn a new name, and desires to sign the pledge.

SELFISHNESS. I, too, am ashamed of my old self, and have turned a new leaf..

Enu<;:ATIOY. I will sign, !or it points in wisdom's way. CouRTESY. I pledge to be considerate of the rights of Qthers. OBEDIENCE (handing pledge to Uncle Sam). That safety and happiness

may dwell in our land.

SONG (Tune : " Marching Through

Come we now with joyful he~rts To sing our safety lays ;

Georgia")

Sing them with a f ervor we'll Remember all our days.

Sing them now and always sing, In gladsome happy lays­

Three cheers for Safety, Grand old Safety.

Then hurrah ! hurrah ! for the safety laws we know ; Hurrah ! hurrah ! these laws to all we'll show; So let us shout their glories, be we far or be we near, Three cheers for Safety-grand old Safety.

Safety first and safety last And safety all the way ;

Safety now for you and me And safety every day ;

Safety first for young and old Means more to us than gold.

Three cheers for Safety, Grand old Safety.

When to this slogan all give heed, What joy will here be found,

What pleasure then to be abroad On highway or 1n town.

So let us wave her banner, wave It higher than before ;

Three cheers for Safety, Grand old Safety.

Exhibiting the gold medal, State prize, won by one of our boys in the 1926 safety campaign, essay writing was motivated; a:ll the awards offered by the highway education board and the prizes offered by the State were explained. Every member in the eighth grade then wrote an essay on safety on streets and highways. ~be lessons in safety were carried into the homes, the older pupils

acting as teachers. The pupils seem to realize that they have an active part in the life of their com'munity and are in a great measure respon­sible not only for their own conduct but for that of their companions. ~be street and highway safety campaign has been an annual event in

our school for the past five years and is now a recognized part of our junior high-school work.

PENSIONS

Mr. W . . T. FITZGERALD. Mr. Speaker, I call up the bill (H. R. 13511) g1.·anting pensions and increase of JXm,sions to certain soldiers and sailors of the CiVlil War and certain widows and dependent chiLdren of soldiers and sailors of said war and I ask unanimous consent that the bill may be considered i~ the Hou e as in Committee of the Whole. · ·

The Clerk reported the title of the bill, as follows: A bill (H. R. 13511) granting pensions and increase o! pens.tons to

certain soldiers and sailon of the Civil War and certain widows and dependent children <>f soldiers and sailors of said war.

This bill is a substitute for the followin~ House bills refel'red to said committee : H. R. 503. Hattie White. H. R. 505. Homer W. Lane. H. R. 506. Nettie J. Atkinson. H. R. 511. Hannah Engler. H. R. 516. Elizabeth Smith. H. R. 522. Martha W. Welch. H. R. 523. Cynthia A. Bondy. H. R. 526. Henrietta E. Davis. H. R. 527. Nancy J'. J'ohnston. H. R. 528. Mary E. Muldrew. H. R. 529. Mahala C. Lydic.k. H. R. 531. Sarah M. Pelley. H. R. 532. Margaretta Lock. H. R. 534. Rubama Wood. H. R. 535. Margaret D. Archey. H. R. 536. Sebina L. Hill. H. R. 539. Mary V. Heston.

H . R. 542. Melissa Kim'berland. H. R. 544. Mary E. Chambers. H. R. 547. Margret A. Henry. H. R. 556. Caroline Sauer. H. R. 570. Malvina Wilson. H. R. 572. Sarah C. Riley. H. R. 585. Anna M. Painter. H. R. 743. Albert L . Robinson. H . R. 755. Sarah ~ergus.on. H. R. 772. Abbie J. Bennett. H. R. 801. Laura A. Martin. H. R. 803. Catherine J. Yates. H. R. 807. Sarah Hall. H. R. 809. Sarah F. Davis. H. R. 818. Mary E. Miller. H. R. 823. Mary J. Lawson. H. R. 824. Emiiy R . .Askren.

1928 H. R. 825. Martha Moorman. H. R. 826. Annie M. Shipley. H. R. 827. Jennie Thornburg. H. R. 830. Mahala Hargis. H. R. 833. Mary E. Jellison. H. R. 41. Sarah J. Orange. H. R. 843. Fannie J. Carpenter. H. R. 844. Geaean J. Bennett. H. R. 848. Thirza St. Clair Gandy. H. R. 849. Emma N. Evey. H. R. 857. Selma H. Cheney. H. R. 858. Isabel Light Green. H. R. 949. Martha Chadwick. H. R. 950. Susan A. Fuller. H. R. 953. Almira A. Mitchell. H. R. 954. Sarah Morrison. H. R. 956. Elizabeth Cochran. H. R. 958. Mary Elizabeth Doner. H. R. 959. Catherine Brandt. H. R. 960. Hester Pritchett. II. R. 988. Caroline B. Spainhower. H. R. 989. Sabina Chaney. H. R. 992. Martha E. Richeson. II. R. 993. Elizabeth White. H. R. 1019. Victoire Morey. H. R. 1040. Jennie H. Lockard. H. R. 1042. Agnes M. Hobbs. H. R. 10D5. Eveline Adams. H. R. 1104. Alice L. Briggs. H. R. 1105. Emma M. Carpenter. H. R. 1106. Ella V. Cazeau. H. R. 1110. Alberta V. Coughnet. H. R. 1116. Frances Decker. II. R. 1118. Mary Denno. H. R. 1119. Maria J. Dodge. H. R. 1122. Catherine Forest. H. R. 1123. Della E. Fowler. H. R. 1126. Mary Gleason. II. R. 1128. Margaret A. Ilayt. H. R. 1133. Mary E. Hunting. l-I. R. 1135. Jane Joslin. H. R. 1136. Anna Kennedy. H. R. 1137. Nancy Kimble. H. R. 1138. Catharine Klein. H. R. 1147. Mary A. Murphy. H. R. 1148. Margreat Neef. ll. R. 1155. Mary Putnam. H. R. 1157. Mary Rauber. l-I. R. 1160. Elizabeth Sauer. H. R. 1162. Mary Seiford. H. R. 1177. Catharine Whittleton. H. R. 1209. Ellen C. Angel. H. R. 1219. Rena Hardy. H. R. 1221. Sarah A. Higgins. H. R. 1222. Luceta Icenhower. H. R. 1224. Hannah King. H. R. 1225. Rachel A. Lewis. H. R. 1226. Sarah A. Male. H. R. 1227. Drusilla Newman. H. R. 1229. Victoria Pemberton. H. R. 1230. Adaline J. Phillips. H. R. 1242. Elizabeth Sullivan. R R. 1243. Mary A. Swisher. H. R. 1245. Sarah A. Wild. H. R. 1257. Jeannie Manwell. H. R. 1262. Elizabeth Murphy. H. R. 1265. Martha A. Charles. H. R. 1268. Dnll,y A. Chain. H. R. 1270. Mar~ E. Davis. H. R. 1271. Eliza Sheppard. H. R. 1273. Nannie J. Knox. H. R. 1277. Mary Johnson. H. R.1278. Mat·y E. Apgear. H. R. 1279. Janet Hiett. H. R. 1280. Phoebe A. Myers. H. R. 1283. Martha A. Mcintire. H. R. 1284. Effie Nelson. H. R. 1287. Nancy Shiveley. H. R. 1288. Elizabeth South. H .. R. 1321. Therasa Rhoades. H. R. 1334. Mary E. Daniels. H. R. 1337. Mary C. Fleming. H. R. 1339. Elizabeth B. Fogle. H. R. 1350. Annette J. Shipley. H. R. 1369. Emma J. Mandigo. H. R. 1384. Mary Meade. H. R. 1394. Hannah J. Marchant. H. R. 1412. Addie L. Bailey. H. R. 1413. Edla P. Watson. H. R. 1419. Susan M. Snowden. H. R. 1420. Mary A. Simpson. H. R. 1422. Jane Riley. H. R. 1424. fary E. Nordyke. H. R. 1425. Annie E. McC<>m'bs. H. R. 1426. Elizabeth A. Mills. H. R. 1427. Hannah V. Medlin. H. R. 1430. Nancy :ro. Lemon. H. R. 1432. Mary E. Hubler. H. R. 1438. Louisa Fleetwood. H. R. 1448. Mary E. Brann. H. R. 1449. Nancy A. Cary. H. R. 1452. Mary A. Smart. H. R. 1456. Maud M. Jones. H. R. 1459. Mary Cox. H. R. 1541. Ada E. Wainscott. H. R. 1575. Carrie L. Douck. H. R. 1576. Charlotte L. Elliott. H. R. 1580. Mary J. Richards. H. R. 1583. Martha J. Taylor. H. R. 1669. Mary E. Lincoln. H. R. 1679. Clara Canham. H. R. 1681. Mary Cypher. H. R. 1683. Mary Catherine Staley. H. R. 1694. Amanda E. Coughanour.

CONGRESSIONAL RECORD-HOUSE H. R. 1703. Hannah J. LeffingwelL H. R.l'816. Mary M. Lovelace. H. R. 1817. Rachel Rappleyea. H. R. 1818. Melvina D. Ritch. H. R. 1822. Mary Sullivan. H. R. 1883. Helen Kellsy. H. R. 1885. Emma Kingman. H. R. 1886. Mary H. Lamper. H. R. 1887. Mary P. Lewis. H. R. 1888. Huldah ID. Lewis. H. R. 1892. Mary J. Miller. H. R. 1893. Laura Nutt. H. R. 1894. Lovina Roberts. H. R. 1895. Sarah M. Rockwood. H. R. 1897. Elizabeth Sickenger. H. R. 1899. Harriet Smith. H. R. 1903. Mary S. Steval. H. R. 1905. Emily Roxanna Swart. H. R. 1910. Mary A. Williams. H. R. 1911. Martha Allen. H. R. 1919. Marcia E. Garey. H. R. 1921. Martha I. Crane. H. R. 1924. Elizabeth Kennedy. H. R. 1927. Emily C. Stevens. H. R. 1929. Elizabeth J. Burd. H. R. 1932. Rosette Hamilton. H. R. 1933. Emma L. Hemenger. H. R. 1942. Mae Washburn. H. R. 1949. Carrie C. Hall. H. R.1950. Mary E. Hadley. H. R. 1960. General M. Brown. H. H. 2005. Morilla T. Alwens. H. R. 2013. Margaret White. H. R. 2016. Agnes Badger. H. R. 2017. Marie A. Bertrand. H. R. ~019. Sarah M. Bloss. H. R. 2023. Esther A. Capell. H. R. 2026. Achsa C. Donaldson. H . R. 2029. 1\Iary L. Flack. H. R. 2031. Fannie P. Foster. H. R. 2035. Myra B. Hall. H. R. 2039. Zeruah F. Hyde. H. R. 2041. Mary M. Johnson. H. R. 2042. Louisa La Bounty. H. R. 2043. Mary J. Langlois. H. R. 2044. Eliza J. Martin. H. R. 2045. Rosilla Mathews. H. R. 2046. Adeline Murkin. II. R. 2056. Mary Rock. H. R. 2057. Mary J. Rounds. H. R. 2058. Mary M. Sabre. H. R. 2059. Ellen Selleck. H. R. 2061. Olive Surrell. H. R. 2062. Catherine Tebo. H. R. 2063. Janet Tenney. H. R. 2065. Isabelle D. Vrooman. H. R. 2067. Harriet Walcott. H. R. 2068. Mary Wright. H. R. 2107. Sarah E. Waters. H. R. 2108. Elizabeth H. Cranston. H. R. 2111. Mary J. K elley. H. R. 2114. Louise D. Henley. H. R. 2115. Almena C. Carrier. H. R. 2116. Jennie C. O'Neil. H. R. 2119. Emma Griswold. H. R. 2120. Emma J. VanBrocklin. H. R. 2122. Vina B. Acker. H. R. 2123. Adelaide E. Baker. H. R. 2126. Rosa A. Milligan. H. R. 2127. Rhoda C. Reed. H. R. 2158. Sallie A. Puthuff. H. R. 2197. Hattie E. Jones. H. R. 2200. Eliza Stanley. H. R. 2203. Amelia J. Craig. H. R. 2204. Hester A. Delp. H. R. 2206. Lydia A. Fisher. H. R. 2207. Ann E. Wood. H. R. 2210. TamE>r Ann Holloway. H. R. 2215. Martha E. Stephens. H. R. 2234. Margaret Skean. H. R. 2235. Emily H. Harrington. H. R. 2236. Iminild I. Colburn. H. R. 22i!7. Catherine F. Heffelfinger. H. R. 2241. Ella M. Simons. H. R. 2242. Elizabeth S. Johnson. H. R. 2312. Ellen K. Horton. H. R. 2319. Susann Thomas. H. R. 2321. Lucinda Bandy. H. R . 2326. Eliza J. Harbison. H. R. 2340. Ada L. Harper. H. R. 2342. Margaret D. Price. H. R. 2344. Jennie Kann. H. R. 2345. Mary E. Landis. H. R. 2347: Matilda V. Miller. H. R. 2348. Sarah E. Murray. H. R. 2349. Rachel Roth. H. R. 2350. Charlotte Swartz. H. R. 2352. Catharine A. Yingling. H. R. 2355. Elmira B. Adams. H. R. 2:156. Evaline Andrew. H. R. 2358. Ellen S. Dalby. H. R. 2359. Isabella Daughenbaugh. H. R. 2360. Margie C. Easter. H. R. 2361. Louisa Fike. H. R. 2367. Mary L. Little. H. R. 2369. Susan E. McMahan. H. R. 2372. Catharine Roush. H. R. 2374. Mary E. Stewart. H. R. 2375. Hannah Walker. H. R. 2376. Rebecca E. Wallace. H. R. 2377. Belle c. Williams. H. R. 2379. Sophia M. Jones. H. R. 2381. Louisa Mark.

H. R. 2391. Charlotte A. Horner. H. R. 2392. Laura B. Anderson. H. R. 2393. Mary J. Acton. H. R. 2394. Emma L. Allen. H. R. 2395. Mary E. Sh·atton. H. R. 2541. Emeline B. Green. H. R. 2544. Caroline Kinsey. H. R. 2545. Ella G. Himes. H. R. 2558. Helen E. Morse. H. R. 2561. Amy Green. H. R. 2566. M. Melissa Canfield. H. R. 2567. Maria C. Nichols. H. R. 2589. Julia A. Wright. H. R. 2592. Mary E. Tullis. H. R. 2606. Grace Andrews. H. R. 2618. Clark Wells. H. R. 2635. Catharine H. Mills. H. R. 2692. Sarah J. Kocher. H. R. 2813. Anna Leach. H. R. 282 . Mary Racklyeft. H. R. 2870. Maggie Mitchell. H. R. 2872. Harriet Mealy. H. R. 2874 . .Anna McCaffrey. H. R. 2877. Catherine Giffen. H. R. 2888. Susan E. Smith. H. R. 2931. Sarah L. Bean. H. R. 2964. Nancy E. Hazlewood. H. R. 2968. Frances E. Arie. H. R. 2971. Almira Lentner. H. R. 2973. Almira Robbins. H. R. -3015. Matilda G. Blain. H. R. 3039. Jessie M. Monroe. H. R. 3050. Laura W. Ada ms.

~: l: ~8~5: 8~ts~i~i\J.a~~~:~en. H. R. 3081. Mary Latta. H. R. 3089. Hannah Maffit. H. R. 3091. Mary E. Sherrard. H. R. 3092. Anna M. Sale. H. R. 3095. Catherine Crawford. H. R. 3096. Laura P. Walter. H. R. 3097. Eliza A. Slatzer. H. R. 3098. Laura A. McCormick. H. R. 3101. Matilda Baumaster. H. R. 3102. Lyd1a Bock. H. R. 3105. Catharine Wilkins. H. R. 3106. Lucy Nihiser. H. R. 3107. Iartha F. Brown. H. R. 3108. Martha J. Mundell. H. R. 3112. Mary A. Morris. H. R. 3113. Josephine Woodrum. H. R. 3117. Amelia Moritz. H. R. 3122. Eunice Tisbue. H. R. 3123. Tina L. Allen. H. R. 3134. Emily Saint. H. R. 3136. Mary E. Whipple. H. R. 3146. Maria Monroe. H. R. 3147. Lydia J. Peck. H. R. 3149. Catherine Phalen. H. R. 3156. Margret Foley. H. R. 3157. Mary C. Billings. H. R. 3159. Etta l\f. fcNeil. H. R. 3160. Ella R. Graham. H. R. 3175. Edith B. Burchfield. H. R. 3179. Julia A. W. Pollyard. H. R. 3180. Mary C. Klinger. H. R. 3183. Jen.nie ID. Lauth. H. R. 3184. Mary Arnold. H. R. 3187. Martha A. Rockwell. H. R. 3188. Dianna C. Alters. H. R. 3220. Nellie Mcintosh. H. R. 3226. Ewin E. Thompson. H. R. 3290. Nancy A. Hailey. H. R. 3292. Nancy Hays. H. R. 3318. Jennett Reed. H. R. 3324. Jane S. Mehuron. H. R. 3327. Ida l\L Brigham. H. R. 3328. Mary E. Bates. H. R. 3331. Mary Ann Evans. H. R. 3336. Sarah M. Allen. H. R. 3357. Louisa Brumfiel. H. R. 3374. Mary A. Tweed. H. R. 3375. Mary A. Rees. H. R. 3376. Elvira Cunning. H. R. 3371. Lucy A. Hemphill. H. R. 3380. Kathrine Howerton. H. R. 3406. Jane Eaton. H. R. 3413. Anne J. Greene. H. R. 3421. Sellie Baker H. R. 3423. Elizabeth L. Cook. H. R. 3424. Mary Josephine Searles. H. R. 3426. Satilla Cox. H. R. 3428 . .Tulia L. Darling. H. R. 3429. Hariet E. Bubb. H. R. 3430. Elizabeth Gilbert. H. R. 3447. Mary E. Stahl. H. R. 3449. Bertha W. Weego. H. R. 3457. Flora Garrison. H. R. 3496. Catherine Berry. H. R. 3500. Sarah E. Farley. H. R. 3505. Mary J. Lewis. H. R. 3507. Annie R. Ramsey. H. R. 3512. Anna C. Vogan. H. R. 3513. Homer Sheeley. H. R . 3516. Sarah Linton. H. R. 3517. Mary E. B. Stevens. H. R. 3518. Harriet L. Faulk. H. R. 3519 . .Jennie Boyd. H. R. 3521. Sarah R. Bailey. H. R. 3524. Jane B. FaithfuL H. R. 3525. Victoria L. Haverty. H. R. 3527. Sarah C. Mitchell. H. R. 3552. Christina Flint. H. R. 3553. Elizabeth Thompson.

8415' H. R. 3554. John Watkins. H. R. 3555. John W. Duckworth. H. R. 3567. James Rumble. H. R. 3569. Anna J. Wandel. H. R. 3634. Kerilla Hedgspeth. H. R. 3639. Sarah M. Hedden. H. R. 3643. Amelia Gehlhausen. H. R. 3644. Philli;:; Gilchrist. H . R. 3648. Mary E. Fortune. H. R. 3654. Lydia C. Clark. H. R. 36J5. Sarrah E. Carrigan. H. R. 3659. Charlotte Bt·edenkamp. H. R. 3661. Mary M. Archer. H. R. 3670. Anna P. Curtis. H. R. 3684. Sarah A. Pickett. H. R. 3685. Mary E. Daniels. H. R. 3705. Della V. Kelsey. H. R. 3709. Julia E. Winslow. H. R. 3710. Angeline Williamson. H. R. 3712. Harriet C. Stryker. H. R. 3714. Emma A . Sackett. H. R. 3716. Alice A. Parker. H. R. 3719. Emily P. Squires. H. R. 3720. Laura Liming. H. R. 3742. Catharine Campbell. H. R. 3744. Mary C. Needham. H. R. 3745. Susan B. Harrington. H. R. 3749. Sarah Tolbert. H. R. 3750. Mary C. F. Adams. H. R. 3751. Leander J. Stone. H. R. 3767. Lydia A. Campbell. H. R. 3773. l\lary A. Buttermore. H. R. 3775. Lydia I. Beck. H. R. 3778. Eleonora B. Beatty. H. R. 3781. Fannie Akins. H. R. 3782. Christena Adams. H. R. 3786. Martha B. Wallace. H. R. 3787. Charlotte Wirsing. H. R. 3789. Evaline Wiant. H. R. 3790. Sarah Agnes Wirsing. H. R. 3794. Margaret Stine. H. R. 3795. Settia I. Steiner. H. R. 3797. Mary E. Smith. H. R. 3798. Emma Stehler. H. R. 3804. Dollie Shaner. H. R. 3806. Mary E. Stimel. H. R. 3811. Margaret Reed. H. R. 3813. Kate Piper. H . R. 3814. Bertha Otte. H. R. 3816. Lucinda Nedrow. H. R. 3826. Lydia E. Lewis. H. R. 3830. Katharine Kittell. H. R . 3839. Mary J. France. H. R. 3840. Stattira Y. Eicher. H. R. 3886. Harriet J. fcC ray. H. R. 3898. Harriet Miller. H. R. 3901. Louisa Courtright. H. R. 3910. Sarah M. Henry. H. R. 3912. Caroline Pease: H. R. 3914. Elizab1:!th Simon. H. R. 3915. Mattie L. Breckenridge. H. R. 3920. Euphemia A. Feasel. H. R. 3924. Marie E. Hackett. H. R. 3925. Annie E. Lutz. H. R . 3950. Elizabeth Campbell. H. R. 3951. Anna Maria Luth. H. R. 3953. Mary A. Lewis. H. R. 3981. Mary Glasgow. H. R. 3988. Sarah J. Clark. H. R. 3989. Alvina A. Adams. H. R. 3990. Annie E. Curtis. H. R. 3991. Elizabeth Powell. H. R. 3992. Lizzie W. Smith. H.lt 3995. Mary Cavanah. H. R. 4002. Louise Steffan. H. R. 4010. Carrie L. Daniels. H. R. 4032. Sarah L. Bowman. H. R. 4060. Sarah E. Watson. H. R. 4082. Mary L. Miller. H. R. 4121. Mertle Elery. H. R. 4132. Anna E. Hann. H. R. 4134. Sarah L. Blauvelt. H. R. 4142. Charlotte Sizemore. H. R. 4149. Josephene A. Green. H. R. 4150. Olive E. Hinds. H. R. 4151. Sarah E. Chase. H . R. 4152. Amelia M. Butler. H. R. 4153. Elsie Woodin. H. R. 4156. Martha J. Moore. H. R. 4157. Mary Elizab~th Mc-

Mahan. H. R. 4159. Elizabeth Rockeff'ller. H. R. 4160. Lucinda Fitzwater. H. R. 4161. Lydia A. Ayres. H. R. 4163. Jane R. Brooks. H. R. 4164. Emma C. Waldron. H. R. 4165. Alice J. Fletcher. H. R. 4180. Quintilla Rice. H. R. 4198. Sarah J. Riley. H. R. 4199. Annie B. McCandless. H. R. 4200. Lucy Machesney. H. R. 4201. Margaret J. Kepple. H. R. 4217. Lottie A. Rice. H. R. 4221. Sarah Zeppernick. H. R. 4228. Sarah M. Parrill. H. R. 4245. Mat·garet Frasier. H. R. 4247 . .Tulia H. Quinnell. H. R. 4269. Sarah A. B. Callahan. H. R . 4270. Eliza Dibert. H. R. 4271. Minnie E. Bani . H. R. 4293. Mary E. Davis. H. R. 42!=15. Catharine E Donnelly; H. R. 4298. Anna l\1. E. Spotts.

8416 1 H. R . 4305. Ida F. Grant.

H. R. 4~f07. Ellen R. Stebbins. H. R. 4308. Cornelia M. Jandro. H. R. 4310. Elizabeth Connor. II. R. 4312. Johanna Patterson. H. R. 4315. Mary E. Tredo. H. R. 4325. Jean Duckworth. H. R. 4336. Isabelle Chalfant. H. R. 4340. Lizzie Rankin. ll. R . 4342. Sanh A. Gee. H. R. 4344. Martha McCormick. H. R. 4346. Perry Anne Waldeck. H. R. 4355. Manda McFarland. H. R . 4364. Elizabeth A. Mahan. H. R. 4384. Mary A. Kretschmar. H. R. 4385. Ellen N. West. H. R. 4398. Rebecca Mauger. H. R. 4410. Elizabeth J. Hall. H. R. 4415. Huldah Marshall. H. R. 4434. Mary A. Brick. H. R. 4500. Mary A. Shrider. H. R. 4501. Maria McKinney. H. R. 4503. Mary Ann Jones. H. R. 4513. Mary P. Ripley. H. R. 4522. Annie Light. H. R. 4524. Lizzie Cooper. II. R. 4525. Annie Buckius. II. R. 4532. Sarah Hurlburt. H. R. 4543. Ma1·garet Roush. H . R. 4545. Mary J. Wilson. H. R. 4580. Mary E. Thomas. H. R. 4644. Mary E. Neti. H. R. 4677. Margaret A. Banks. H. R . 4709. Rebecca J. Green. II. R. 4713. Levarah A. Jenkins. H. R. 4721. Jennie P. Alexander. H. R. 4722. Josephine Kelley. H. R. 4723. Sarah E. Howard. H. R. 4726. Minnie R. Goldsberry. H. R. 4727. Lizzie Bowen. H. R. 4734. Mary E. Bradeen. H. R. 4738. Mary F. Robinson. H . R. 4750. Salena J. Martin. H. R. 4751. Catharine Grubbs. H. R. 4753. Harriet Gri wold. H. R. 4754. Laura Haynes. H. R. 4758. Eliza Loving. H. R. 4759. Sarah E. Niuffer. H. R. 4761. Margaret L. Huffman. H. R. 4768. Johanna Smith. H. R. 4478. Caroline Clark. II. R. 4782. Elizabeth Orff. H. R. 4795. Edwina B. Vaughan. H. R . 4797. Louise E. Ort. H. R . 4816. Maria Aberns. II. R. 4817. Mary Gregg. H. R. 4828. William A. Alexander. H. R. 4831. Susan Beaty. II. R. 4832. Martha E. Smith. H. R. 4834. Jennie Scholes Archer. H. R. 4 51. Fannie M. Allsheskey. H. R. 4855. Kate Sloane. H. R. 4858. Sarah J. Gibson. H. R. 4861. Mary S. Walter. H. R. 4873. Matilda M. Long. H. R. 4874. Emma E. Stevenson. H. R. 4875. Bethenia A. Johnson. H. R. 4876. Anna Sparks. H. R. 4877. Rachel Graham. H. R. 4878. Mary G. Benn. H. R. 4881. Eliza J. Haines. II. R. 4883. Mary Schreel. H. R. 4884. Nancy E. Meeks. H. R. 4885. Margaret Boggs. H. R. 4886. Jo ie Ranes. H. R. 4950. Elizabeth Hedrick. H. R. 4957. Mary J. Murray. H. R. 4959. Eliza Evans. H. R. 4998. Jennie Sheets. H. R. 5009. Jane N. Geer. H. R. 5020. Sarah A. Sloan. }J. R. 5029. Margaret Powell. H. R. 5035. Minnie P. Hawley. H. R. 5041. Sarah A. Cheesman. II. R. 5049. Joanna Crabtree. H. R. 5081. Sarah B. Metcalf. H. R. 5082. Abbie E. Fisher. H. R. 5086. Clarina Hammons. H. R. 50 9. Emma J. Blackburn. H. R. 5090. Su an Ziegler. H. R. 5091. Sarah A. Zeigler. H. R. 5092. Elizabeth .Ann Wilkin·

son. II. R. 5094 . .Annie Wagner. II. R. 5104. Harriett E. nyder. H. R. 5105. Hemietta Stine. II. R. 5152. Susan C. Englebert. H. R. 5155. Carrie Good. H. R. 5234. Emma B. Cht>noweth. H. R. 5268. Anna M. Schlaudecker. II. R. 5271. Ellen Green. H. R. 5274. Julia Ann Smallwood. H. R. 5277. Mary J. Beatty. H. R. 5305. Catherine Patton. H. R. 5339. Frances A. Tower. R. R. 5433. Mary E. Sanders. H. R. 5436. William R. Lewis, alias

William W. Lewis. n. R. 5437. Mary E. Matheney. H . . R. 5440. Annie El. Fawver. H ; R. 5441. Jane F. Smith. 11. R. 5451. Harriet A. Reed.

·coNGRESS! ON AL RECORD-HOUSE B. R. 5906. Ellen L. RusseD. H. R. 5907. Eliza ~- Alton. H. R. 5912. Elizabeth A. Blazer. H. R . 5921. Lucy C. Ratli.fr. B. R. 5937. Harriet Ollom. H. R. 5938. Catherine Burlingame. H. R. 5940. Delilah Root. H. R. 5942. Mary A. Helmenstine. H. R. 5956. Catherine Sage. H. R. 6003. Ellen Taylor. H. R. 6109. Emily A. Kelley. H. R. 6115. Frances J. Robinson. H. R. 6132. Emma D. Phelps. H. R. 6189. Cath~rine T. Pickett. H. R. 619 . Esther H Kendall. H. R. 6211. Rebecca E. Clailin. H. R. 6212. Catherine Woessner. H. R. 6214. Harriett E. Mereness. H. R. 6223. Henrietta Sinclair. H. R. 6224. Eva A. Lee. H. R. 6255. Annie E. Hastings. H. R. 6265. Sarah B. Yarnell. H. R. 6290. Manerva J. Merrill. H. R. 6294. Margaret J. Lawrence. H. R. 6296. Sarah A. Lane. H. R. 6297. Caroline Hoagland. H. R. 6300. Amelia Hartupee. H. R. 6301. Laura E. Hancock. H. R. 6304. Mary A. Dewitt. H. R. 6307. Mary A. Clements. H. R. 6311. Margaret R. Batch. H. R. 6312. Martha Barrick. H. R. 6313. Sarah M. Barrett. H. R. 6318. Permelia E. Williams. H. R. 6320. Eliza J. White. H. R. 6323. Mary E. Swick. H. R. 6326. Eliza Schoonover. H. R. 6330. Sarah J. Prame. H. R. 6331. Mary J. Mahurg. H. R. 6335. Helena Farmer. H. R. 6336. Sarah Rutter. H. R. 6338. Ml}llie Yocum. H. R. 6344. Isabella F. Barton. H. R. 6346. Lydia Lefferts. H. R. 6401. Mahala Ford. H. R. 6449. Rebecca J. Bitner. H. R. 6452. Mary Clem. H. R. 6455. Lydia Jones. H. R. 6456. Ellen Shannon. H. R. 6458. Sarah Writenour. H. R. 6537. Mary I. Converse. H. R. 6541. Martha J. Harris. H. R. 6542. Carrie C. Stilwell. H. R. 6571. Emma Short. H. R. 6617. Cathrine Moore. H. R. 6629. Mary E. Sheets. H. R. 6631. Nancy J. Payne. H. R. 6695. Mary E. Cline. H. R. 6710. Mary J. Smith. H. R. 6713. Ge1·trude Palmer. H. R. 6746. Nina Hart. H. R. 6770. Sarah E. Alexander. H. R. 6779. Sarah Gaston. H. R. 6791. E. Adelia Dann. H. R. 6792. Rachel U. Vansice. H. R. 67!H. Julia A. Foltz. H. R. 6795. Susie C. Bales. H. R . 6797. Mary E. McCord. H. R. 6807. Joseph Mielke. H. R. 6813. Mary E. Hall. H. R. 6838. Cyrene Younkin. H. R. 6895. Mariette Hawley, H. R. 6910. Rebecca Weaks. H. R. 6920. Martha J. Turpin. H. R. 694 7. Adelbert E. Bigelow. H. R. 7042. Alice T. Rawlings . H. R. 7049. Celia B. Se Cheverell. H. R. 7052. Maryett C. Snyder. H. R. 7057·. Lida B. Elkins. H. R. 7071. 11'annie King. H. R. 7086. Ellen M. Willey. H. R. 7103. John H. Sarrett. H. R. 7106. Catherine Burkhart H. R. 7132. Sallie E. Masmar. · H. R. 7172. Bell Doll. H. R. 7260. Sarah J. Lowe. H. R. 7261. l'lfary E. Hambright. H. R. 7262. Louise K. Helle. H. R. 7275. Flora A. Slenker. H. R. 7285. Myra A. Mur,Phy. H. R. 7313. Lydia I. Chrisman. H. R. 7326. Amanda J. Foster. H. R. 7379. Anna M. Rowe. H. R. 7388. Mary E. Carey. H. R. 7395. Hannah B. Mead. H. R. 7408. Sarah E. Mitchell. H. R. 7416. Jennie E. Powell. H. R. 7 426. Bridget M. Brashna. H. R. 7430. Anna Cox. H. R. 7431. Catherine Leonard. H. R. 7 435. Evaline Harris. H. R. 7481. Honol'a Taylor. H. R. 7488. Mary J'. Jones. H. R. 7 493. Eliza Williams. II. R. 7509. Sallie H. Murphy. H. R. 7514. 1\fary A. Donston. H. R. 7529. Amanda Pierson. H. R. 7547. Elizabeth Davis. H. R. 7699. Margaret S. Butler. H. R. 7710. Elizabeth Mulford. H. R. 7766. Mary P. Dudrow. H. R. 7767. Lucinda A. Fortney. H. R : 7769. Nancy Baker.

H. R. 7778. Kit Dougherty, alias -Kit (Christof)her) Dougherty.

H. R. 7785. Melissa Gill. H. R. 7787. Sarah Rice. H. R. 7789. Hannah B. Troup. H. R. 7794. Lydia A. Ingerson. H. R. 7813. Sarah C. Brown. H. R. 7817. Rebecca Berry. H. R. 7830. Nannie F. Flenner. H. R. 7859. Katharine Lochbaum. H. R. 7860. Maria E. HalL H. R. 7869. Caroline F. Snyder. H. R. 7874. Hannah J. Wright. H. R. 7884. Lavina C. Hicks. H. R. 7885. Addie Hursey. H. R. 7993. Mary A. Hubbard. H. R. 8011. Minnie Starmer. H. R. 8014. Vashti Rogers. H. R. 8020. Jane C. Bishop. H. R. 8036. Hannah Bryant. H. R. 8064. Caroline Hetzel. H. R. 8102. Amanda Kelley, H. R. 8163. Sallie Coleman. H. R. 8210. Annie Evans. H. R. 8214. Mary W. D. Perkins. H. R. 8242. Sarah Henderson. II. R. 8245. Mary J'. Irvin. H. R. 8264. Sarah M. Gross. H. R. 8266. Virginia E. Gates. H. R. 8345. Manervia Ann McClain. H. R. 8347. J'osephine L. Pierce. H. R. 8351. Alice A. Wing. H. R. 8353. Mary Trower. H. R. 8356. Catharine A. Campbell. II. R. 8378. America Hamilton. H. R. 8409. Christina Hildinger. H. R. 8410. JaneL. Crysler. H. R. 8411. Ellen Treadwell. H. R. 8412. Rose Lapier. H. R. 8425. Elizabeth Johnson. H. R. 8432. Nola F. Frank. H. R. 8434. Sarah E. LeValley. H. R. 8459. Jane Cattrell. H. R. 8460. Grant Cowen. H. R. 8461. Margaret A. Schofield. H. R. 8466. Tillie Conrad. H. R. 8467. ·Mary M. Freeston. H. R. 8478. Mollie Rambo. H. R. 8489. Lucinda Baker. H. R. 8493. Louise J. Covel. H. R. 8496. Cl.ua J. Crozier. H. R. 8497. Mary F. McCombs. H. R. 8502. Mary Flanigan. II. R. 8510. Anna K. Vibert. IT. R. 8570. E ther L. Sweet. H. R. 8576. Angeline Stanley. H. R. 85 0. Angeline R. Davis. H. R. 8591. Ellen Lawler. H. R. 8600. Jennie Stutzman. H. R. 8622. Sarah D. Brownell. H. R. 8631. Phoebe J. Hickman. H. R. 8632. Elizabeth A. Smitll. H. R. 8636. Esther Van Buskirk. H. R. 8654. Thomas Ward. H. R. 8660. Addie Decker. H. R. 8662. Frances A. Hill. H. R. 8663. Hannah Breen. H. R. 8668. Elizabeth Roche. H. R. 8692. Hettie C. Graves. H. R. 8699. Margaret Gillfillan. H. R. 8700. Susannah M. Scott. H. R. 8702. Elizabeth Adams. H. R. 8708. Mary J. Brown. H. R. 8754. Betsey Crandall. H. R. 8763 . .Addeline Stewart. H. R. 8773. Sarah B. Platt. H. R. 8774. Carrie Stepp. H. R. 8802. Elizabeth Riley. H. R. 8840. Mary E. Gilbert. H. n.. 8843. Rosanna J. Peters. H. R. 8850. Pauline Snyder. H. R. 8853. Sarah E. Phillips. H. R. 8873. Harrison Ogle. H. R. 8933. Maxey A. Dow. H. R. 8935. Margarette E. G. At·

kin son. H. R. 8936. Lavina Prentice. H. R. 8939. Pricilla Hillegas. H. R. 8948. Mary Jarrell. H. R. 8960. Maggie E. Rose. H. R. 8969. Mary V. Pierce. H. R. 8971. Anna Hicks. II. R. 8995. Ollie Painter. H. R. 8996. Elizabeth Day. H. R. 8998. Margaret A. Davis. H. R. 90111. Clara B. Holbrook. H. R. 9066. Ruth Nelson. H. R. 9089. Maggie Shaw. H. R. 9101. Elizabeth Kagan. H. R. 9109. Sarah El Harrison. H. R. 9111. Cahterine Rarick. H. R. 9120. Elizabeth Hamacher. H. R. 9164. Sarah Green. H. R. 9212. Lucinda M. Melson. H. R. 9223. Polly A. Smith. H. R. 9235. Cynthia C. Eaton. H. R. 9243. Dillie Shuman. H. R. 9245. Mary A. Moore. H. R. 9261. Alice F. McMullan. H. R. 9262. Hulda E. Lamott. H. R. 9265. Clara L. Stanbrook. H. R. 9274. Falinda Austin. H. R. 9275. Llda 0. Craig. H. R. 9299. Emma Willits.

}fAY 11 H. R. 9304. Ella C. Baker. H. R. 9308. Amanda C. Long. H. R. 9311. Ella E. Clark. II. R. 9312. Mary Ann Zebley. H. R. 9314. Millie I. Croco. H. R. 9375. Margaret A. Walter!!. H. R. 9378. Fannie A. Davis. II. R. 9384. Elizabeth Rose. H. R. 9407. Ellen R. Phillips. H. R. 9435. Jane Walkl'r. H. R. 9438. Rachel Masker. H. R. 9440. Christina Nauman. H. R. 9441. Elizabeth Brady. H. R. 9442. Susie T. Coleman. H. R. 9443. Martha Bogert. H. R. 9446. Elizabeth Clark. II. R. 9454. Susan Rettinger. H. R. 9458. Lucinda J. Mayes. H. R. 9459. Isabell Kennedy. H. R. 9462. Mary E. Collins. H. R. 9468. Catharine Hall. H. R. 9518. Julia Van B. Parsons. H. R. -9534. Mary A. Rogers. H. R. 9538. Sarah E. Prior. H. R. 9542. Elizabetll B. Huffman. H. R. 9627. Amanda S. Fano. H. R.. 9708. Elizabeth Grigory. H. R. 9726. Anna M. Shoop. H. R. 9731. Mourning Sisemore. II. R. 9733. Stella C. Cole. H. R.. 9741. Martha M. earles. H. R. 9745. Lydia 1\1. Rice. H. R. 9746. Mary Armentrout. H. R. 9788. Louisa A. Parker. H. R. 9792. Clarinda Mason Smith. H. R. 9794. Ro a Matheney. H. R. 9797. Susie O'Neal.. H .. R. 9708. Amanda J. Gilliland. H. R. 9799. Manerva Hedges. H. R. 9805. Catherine Donald. H. R. 9818. Emma J. Bull. H. R. 98 8. Mary E. Sharp. H. R. 9894. Maggie Barr. H. R. 9895. Anceline D. Lazenby. H. R. 9896. Mary E. Taylor. H. R. 9900. Martha Murrell. H. R. 9910. Mary E. IIaverfield. H. R. 9941. Lydia Waggoner. H. R. 9990. Emily B. Renshaw. H. R. 9991. Kate Searer. H. R. 10006. Helen M. Freeman. H. R. 10012. Anna M. Bircher. II. R. 10040. Harriet R. Yule. H . R. 10046. Lovicy A. Lee. H. R. 10054. Rachel Jane Oyster. H. R. 10060. Nancy Collett. H. R. 10096. Henrietta H. Gordon. H. R. 10105. Elizabeth S. Havens. H. R. 10110. Julia A. Queen. H. R. 10113. Margery 'l'rimmer. H. R. 10184. Lillian V. Mauger. H. It. 10189. Christena F. Bennett. H. R. 10201. Anna A. Eno . H. R. 10209. Hannah Morgan. H. R. 10214. Martha E. Acton. H. R. 10233. Sophrona Hotchkiss. H. R. 10235. Elizabeth Couch. H. R. 10240. Charlotte Hartsell. H. R. 102n2. Nellie Shout. H. R. 10259. Mary A. Denning. H. R. 10260. Mary .A. Steck. H. R. 10278. Mary A. E. Clark. H. R. 10311. Emma W. Smith. H. R . 10314. Delia M. Yeager. H. R. 10320. Julia L. Sparks. H. R. 10329. Chester R. Stroud. H. R. 10339. Sereny C. B. Babb. H. R. 10341. Lucy A. Stubbs. H. R. 10356. Sarah R. McGinnis. H. R. 10357. Clara J. Horner. H. R. 10384. Majoria E. Wilburn. H. R.10385. Mary S. Waugh. H. R. 10394. Melissa A. Delawter. H. R. 10407. Mary A. Simpson. H. R. 10414. Cynthia Kelley. H. R. 10455. Ca~·rie Hemingway. H. R. 10499. Clara A. Cobb. H. R. 10500. Mary S. Walker. H. R. 10513. Agnes Folger. H. R. 10:5:'2. Sarah E. Barr. H. R. 10:533. Florence Witt. H. R. 10538. Alice A. Ferguson. II. R. 10577. Margaret Mead. H. R. 10582. Ida K. Lauderback. H. R. !0600. Sarah Fuchs. H. R. 10618. Mira P. Brown. H. R. 10626. Anna E. Allen. H. R. 10627. Amanda Lightfoot. H. R. 10633. Anna Liza Manring. H. R. 10661. Herbert M. Pierce. H. R. 10662. Emma Smith. H. R. 10684. Mary C. Conley. H. R. 106 8. Laura E. Rullock. H. R. 10690. Sarah McGinnis . . H. R. 10727. Ann P. Brown. H. R. 1074 . Jennie E. Forsyth. H. R. 10749. Harriet Ill. tGranger. II. R. 10769. una Hilbert. H. R. 10782. Zippora B. Sownrrls. H. R. 10794. Rebecca B. McCon·

naugh;r. H. R. 10796 . .Anna Cupp. H. R. 10825. Lenora V. Ruley. H. R. 10826. Ruth A. Sharer.

1928 H. R. 10827. Susan A. Riffie. · H. R. 10837. Ca tharine Grace. H. R. 10845 . Harriet I. Inman. H. R. 10356 . .Jennie Hollern. II. R. 10389. Sarah E. Woodall. H. R. 10 "96. Susan F. Pierct>all, H. R . 108!l9. Rebecca L. Huff. H. R. 10904. Bertha C. Harper. H. R. 10915. Melvie A. Reed. H. R. 10922. William I. Jones . . H. R. 10925. Isabelle T eel. H. R. 10945. Ma ry A. Ashcraft. H. R. 10946. Elizabeth Heironimus. H. R. 10984. Sa ra h H. Day. H. R. 10985. Susie E. Brown. H. R. 10986. Missouri Bunch. H. R. 10987. Christena Figgemeier. H. R. 10997. Alice R. Husted. H. R. 11002. Louesa F. Wagaman. H. R. 11011. Martha E. Twaddle. H. R. 11012. Rosanah H. Bradl~y. H. ll. 11016. Judith F. Whiteford. H. R. 11029. Katharine Grannis. H. R. 11051. Nancy King. H. R. 11052. Rosa M. Able. H. R. 11062. Ellen E. Whitmer. H. R. 11065. Robert G. Rhea. II. R. 11095. Minerva J. Buck. H. R. 11098. Margaret E. New-

comb. · II. R. 11099. Bell Ward. H. R. 11118. Mary Constine. H. R. 11160. Eliza Hagenbach. H. R. 11218. Maggie ~tewart. H. R. 11219. Amanda J. Marshall. H. R. 11220. Mary E. Louck. H. R. 11228. Lucy L. Heritage. H. R. 11233. Phoebe Pierce. H. R. 11234. Jane Martin. H. R. 11235. Lavina A. Cunning-

ham. H. R. 11237. Amanda J. Ra pp. H . R. 11242. Olive Held. H. R. 112·1:6. Hannah C. Hunter. H. R. 11253. Alvira J. Conner. H. R. 11292. Mary A. Grubb. H. R. 11308. Amanda E. Ba iley. 11. R. 11367. Mary A. Ackley. H. R. 11396. Kate Mathews. H. R. 11424. Ca tharine Shirk. H. R. 11425. Ama.nda H. Lind-

strom. II. R. 11440. Margaret M. Noonan. H. R. 11441. Angie Konkoskia. H. R. 11449. Louisa Mitchell. H. R. 114ti0. J ennie Lea Lawson. H. R. 11454. Sarah C. ·Lacy. H. R. 11455. Rose Bullard. ll. R. 11496. EUzabeth Swan.k. H. R. 11517. Cordelia Keech. H. R. 11518. Anna Gilroy. H. R. 11524. Amy I. Davis .. H. R. 11556. Ellen J. P erkms. H. R. 11561. Anna 1\l. Venus. ll. R. 11564. Sara h E. Petty. H. R. 11569. Mary E. Allen. H. R. 11602. Clay F. Pack. H. R. 11610. Sar ah J. McCauley. H. R. 11612. Eliza E. Patton. H. R. 11641. Emmerrancy J. Hay-

ford. H. R. 11642. Julia Plefi'ert. H. R. 11661. Clara L. Ross. H. R. 11G62. Charles T. Smith. H. R. 11664. I sabell Critchfield. H. R. 11675. Ellen Higley. H . R. 11676. Anna M. Orcutt. H. R. 11702. Minnie c. Holland. H. R. 11711. Harriette J. Cochran. II. R. 11718. Sa rah Gallagher. H. R. 11730. Charlotte C. Bran-

dau. H. R. 11733. Emma P. Tracy. H. R. 11740. Tildy J. Hamilton. H. R. 11742. Gondelia Randall. H. R. 11743. Ida F. Moore. H. R. 11744. Plymouth Weeks. H. R. 11747. Mary L. Goodman. H. R. 11769. Ella B. Craft. II. R. 1177'(}. Libbie Jump. H. R. 11771. Hannah Geibig. H. R. 11777. Ella D. Wilkinson. H. R. 11811. J essie M. Willia ms. H. R. 11814. Nannie Lindsey. H . R. 11816. Malissa E. Tibbetts. II. R. 11840. Martha B. Johnson. H. R. 11842. Louisa Roach. H . R. 11843. Lucinda J. Foltz. H. R. 11845. Mary L. Kirlin. H. R. 11856. Mar g a r e t W.

Creamer. H. R. 11880. Mary T. Fitzgerald. H. R. 11883. Mary F. Leavitt. H. R. 11900. Ballard P. Pettry,

alias B. P. P etrey. H. R. 11901. Ada Lee Ritter. H. R. 11906. Mary Kitchen. H. R. 11911. Caroline D. Owens. H. R. 11912. Ethel V. Sweetser. II. R. 11927. Meli sa Bemis. H. R. 11937. Mary E. fassey. H. R. 11939. Emma Bellew. H. R. 11962. Flora Young.

CONGRESSIONAL RECORD-HOUSE 8417 H. R. 11972. Fanny G. Pomeroy. H. R. 12006. Mary Ann Brought. H. R. 12011. Mary E. Fry. H. R. 12013. Edith A. Fuller. H. R. 12025. Halana Schlick. H. R. 12026. Alice Morgan. H. R. 12028. J ennie A. Pyle. H. R. 12052. Carrie I. Crane. H. R. 12054. Leva ry E. Powell. H. R. 12061. Elizabeth Scott. H. R. 12071. Eleanor I. Jordan. H. R. 12073. Mary E. Fisher. H. R. 12078. Elinor A. Taylor. H. R. 12081. Elizabeth Nail. H. R. 12089. Lucy 1\l. Ford. H. R. 12096. Margaret Holcomb. H. R. 12121. Mary L. Riggs. H. R. 12122. raomi S. Brinegar. H. R. 12123. Martha A. Wykle. H. R. 12127. Emma C. Pardee. H. R. 12128. Marion F. Wilber. H. R. 12129. Fanny A. Frank. H. R. 12142. Ellen T. Richey. H. R. 12153. John H. Blackburn: H. R. 12193. Moses Dashnaw, alias

Dashman. H. R. 12215. Calista Ferris. H. R. 12219. William Bailey. H. R.12252. Helen L. Huff. H. R. 12269. Margaret J. Humbert. H. R. 12281. Mary Mauller. H. R. 12282. George C. Adcock. H. R. 12299. James A. Ray. H. R. 12303. Mary Ellen McGuire. H. R. 12308. Annie E . .James. H. R. 12314. Frances H. Fowler. H. R. 12328. Mary M. Wilson. H. R. 12338. Ann Crow. H. R. 12341. Anna C. Tway. H. It. 12344. Minnie Leeper. H. R. 12345. Susan Maynard. H. R. 12346. Annie L. Thomas. H. R. 12357. Gertrude R. Hammill. H. R. 12358. Caroline M. Loomer. H. R. 12360. Myrta M. Clements .. H. R. 12373. Mary E. Lowther. H. R. 12377. Ellenora Stump. H. R. 12426. Amy D. Lampman. H. R.12429. Hanorah Barry. H. R. 12486. Louisa Debuke. H. R. 12465. Ida Hazlett. H. R. 12476. Elizabeth E. Fisher. H. R. 12477. Nancy Mayes. H. R. 12488. Nimshi Nuzum. H . R. 12490. Ada P. Thompson. H. R. 12503. Mary A. Worden. H. R. 12505. Julia A. Woodruff. H. R. 12511. Olive Pitcher. H. R. 12514. Melissa Bailey. H. R. 12515. Ernest H. Lewis. H. R. 12543. Sada N. Willson. H. R. 12544. Margaret E. Sanders. H. R. 12545. Martha 1\ietz. H. R. 12547. Aurora C. B. Kinney. H. R. 12552. Mary 0. Putnam. H. R. 12562. Lulu Gay. H. R. 125 0. Mercy A. Wilson. H. R. 12586. Sarah A. Lansing. H. R. 12588. Amy C. Kolb. H. R. 12590. Jennie G. Murphy. H. R . 12591. Nora Cathcart. H. R.12614. Sarah M. Brady. H. R. 12635. Delia B. Crafts. H. R. 12636. Mary Ruckle. H. R. 12645. Abby Fordyce. H. R. 12647. Louisa S. Pease. H. R. 12673. Lorena Bartle. H. R. 12698. Nancy Ellis. H. R. 12709. Mary W. Plank. H. R. 12717. Elzabeth McCuen. H. R. 12718. Helen M. Barnes. H. R. 12720. Nora Porter. H. R. 12729. Susan Lewis. H. R. 12742. Lana Titus. H. R. 12752. Martha L. McSurley. H. R. 12756. Martha J. Lambier. H. R. 12757. Susan H. Mann. H. R. 12784. Alice Brookman. H. R. 12795. Martha J. Simmons. H. R. 12796. Magnolia A. Simmons. H. R. 12797. Lilly 0. Weaver. H. R. 12804. Susan Lewis. H. R. 12833. Frances A. Dodsworth. H. R. 12842. Jesse M. Mansfi.eld H. R. 12843. Matilda .J. Price. H. R. 12846. Sarah A. Elliott. H. R. 12850. Martha J. Gallop. H. R. 12858. Sarah E. Campbell. H. R. 12860. Ellen Ellison. H. R. 1286fi. David Marple. H. R. 12872. Sarah P. Richardson. H. R.12873. Mary J. Wood. H. R. 12880. Susanna Hallman. H. H .. 12923. Sarah J. Draper. H. R. 12928. Homer Dye. H. R. 12929. Mary Shotwell. H. R. 12935. Margaret McCarty. H. R. 12945. Mariah Detherage. H. R. 12964. Sarah A. Carlin. H. R. 12977. :Matilda T. Plotts. H. R. 12978. Caroline Brown. H. R. 12980. Martha Baggs. H. R. 12981. Julia Wittich.

H. R. 12994. Ella J. Wilson. H. R. 13000. Kate C. Kingston. H. R. 13025. Alma McGuire. H. R. 13029. Martha E. Wa terman. H. R. 13042. Nancy E. Dietz. II. R. 13046. Emma M. Paxson. H. R. 13054. Louisa Ackley. H. R. 13056. Pearl Massay. H. R. 13058. Polly Mcintosh. H. R. 13072. Pearl S. Brown. H. R. 13076. Lydia L. Reid. H. R. 13077. Eliza A. Praul. H. R. 13078. Louisa Mcintyre,

Mr. W. T. FITZGERALD. ing amendments :

The Clerk read as follows:

H . R. 13083. Rebecca J. Sawyer. H. R. 13098. Annie E. Springer. H. R. 13138. Mary 1\l. Edmonds. H. R. 13160. Willis Castle. H. R. 13184. Mary E. Gnau. H. R. 13193. Joseph Miller. H . R. 13196. Susan R. Holmes. H. R. 13219. Mary Ker. H. R. 1325'1. Ka te Neal. H. R. 13351. Nancy E. Rose. H. R. 13358. Kate B. Frederick. H. R. 13364. James W. Chapman. H. R. 13438. Catherine q. J'ones.

1\Ir. Speaker, I offer the follow-

Page 33, strike out lines 4 to 9, inclusive. H. R. 1942 (Rept. p. 61). Mae Washburn. The beneficiary in this

case is deceased. Page 60, line 26, after the word "of," strike out the numerals

" $50 " and insert in lieu thereof the numerals " $30." And on the same line, after the word " month," strike out the words "in lieu of that she is now receiving."

H. R. 3188 (Rept. p. 105). Dianna C. Alters. The claimant . in this case is not now receiving a pension, and the committee recommends $30 a month which is the usual rate in this class of claims.

Page 74, strike out lines 5 to 9 , inclusive. H. R. 3778 (Rept. p, 128). Eleonora B. Beatty. The beneficiary in

this case is deceased. Page 77, strike out lines 20 to 23, inclusive. H. R. 3840 (Rept. p. 134). Stattira Y. Eicher. The beneficiary in this

case is deceased. Page 150, strike out lines 15 to 18, inclusive. H. R. 9407 ( Rept. p. 258). Ellen R. Phillips. The beneficiary in this

case is deceased. Page 169, line 9, after the first word " of,'' strike out the numerals

" $50 " and insert in lieu thereof the numerals " $70." H. R. 10782 (Rept. p. 290). Zippora B. Sowards. The beneficiary

is now receiving pension at the rate of $50 a month under the act of July 3, 1926, she having been the wife of the late soldier during his service in the Civil War, and the committee recommends her pen­sion be increased to $70 a month, to include $20 a month to the help­less and dependent son, Charles l\f. Sowards, subject to the usual provisions and limitations of the pension laws.

Mr. HASTINGS. Mr. Speaker, I rise in opposition to the amendment for the purpose of making an inquiry of the chair­man of the committee in charge of the bill. I want to know for my information and the information of the country what is the rule of the committee with reference to the allowitnce of $50 a month for widows? I want particularly to direct at­tention to the inquiry as to the date of marriage. Are there a number of special pensions for widows of the Civil War vet­erans includ~d in this bill where the maniage has been sub­sequent to June 27, 1905?

Mr. ELLIOTT. In answer to the gentleman's question I will say that the present law provides that widows who were married to soldiers prior to June 27, 1905, are eligible for pensions under the existing law provided the husband had 90 days' service in the war and was honorably discharged. We have been granting pensions to widows who were married

-between June 27, 1905, and June 27, 1915, where it was shown that they were in destitute circumstances or where they were very much in need on account of the lack of money or were not in good health.

Mr. HASTINGS. I want to ask if you have allowed pensions to any \\idows where the marriage took place after June 27, 1915? I thought I noticed in the last report a case or two of that kind.

Mr. ELLIOTT. I do not remember of any case of that kind. 1\Ir. HASTINGS. I am making the inquiry not on account of ·

any opposition to such legislation, but I have to write to my constituents on the policy of the committee, and I therefore make the inquiry so that I may inform them correctly about it. As I understand it, it is the policy where they are shown to be in destitute circumstances to allow some increase where the marriage took place aftoc JU1le 27, 1905, and not later than June 27, 1915.

Mr. ELLIOTT. As I understand it, the gentleman from Oklahoma has one case in this bill-! can not recall the name of it at this time--where the widow was married some time between June 27, 1905, and June 27, 1915.

Mr. HASTINGS. I want to know whether or not a pension in any case so far has been granted where the marriage took place after June 27, 1915.

Mr. ELLIOTT. I do not know of any case of that kind. It is the policy and the rule of the committee that they must be married prior to June 27, 1915, in order to get a pension by special act. The gentleman asked another question in regard to

•

84.18 CONGRESS! ON AL RECOR-D-HOUSE MAY 11

the increase of the widow's pension, where the widow is now on the rolls at $30 per month. Here is the rule of the committee in regard to that~

(b) No bill proposing to increase the pension o! a Civil War widow now receiving the maximum rate provided by existing law will be favor­ably considered unle s it is clearly established by competent testimony that the applicant ·for such increase is old and helpless and dependent; and where any such widow is the owner of a comfortable home or pos­se ed of a substantial income aside from her pension, no recommenda­tion will be. made by the committee to increase such widow's pension over the rate allowed by existing law to the thousands of other widows of veterans who may be less favorably situated.

Mr. HASTINGS. The reason I ask now is that I do not want to be writing erroneously to the people whom I repres·ent in my district I want to know whether that is a fixed rule of the committee.

Mr. :ELLIOT!'. I suggest to the gentleman that there are printed rules of the committee which be can procure at the com­mittee rooms, and he can send them out to people who make inquiries, if he desires.

Mr. HASTINGS. And also I want to know whether the rules are adhered to.

Mr. :ELLIOTT. Tbey are. Mr. BANKHEAD. Mr. Speaker, I move to strike out the last

word. Just a few days ago I had an inquiry from a widow of a Union veteran, and I made inquiry at the Pension Office to find out if she was eligible for a pension. She married the­veteran in 1907. The Pension Office replied that under the law she would not be eligible to a pension. They did not tell me that she might come within the provisions of the rules of the committee and be eligible under a private bill. The gentleman Eaid that if it could be shown that the widow is in destitute circumstances, that the committee would go beyond the law and grant a special pension if the m.aniage occurred prior to 1915. Is that true?

Mr. :ELLIOTT. Yes. Mr. BANKHEAD. In all cases where destitution or poverty

is shown? Mr. ELLIOTT. In all cases where she would have been en­

titled to a pension under existing law, if she had been married to her soldier prior to June Zl, 1915.

Mr. BANKHEAD. What is the character of proof required by the committee on the showing of poverty or destitute cir­cumstances? Does the committee r 'e!er that to an inspector?

:Mr. ELLIOTT. No; that is proved by affidavit. We have blank affidavits in the committee which the gentleman can pro­cure and send out and get this evidence from the people who know the conditions.

Mr. BANKHEAD. I have very few of these cases. I am not familiar with the law. My inquiry is purely for information.

Mr. ELLIOTT. If the gentleman would go to the clerk of the committee, he could have the matter cleared up.

Mr. HASTINGS. What is the status of the bill that was pa ed by the House and sent to the Senate increasing the pension of wiqows in all cases to $40 a month?

Mr. :ELLIOTT. The Senate passed that bill last night, and as I understand it as the Senate passed it, it gi"\"es a pension of $40 per month to all of the widows who are now entitled to a pension under existing law, provided they have arrived at the age of 72 years.

Mr. HASTINGS. And 75 years was the limit in the House bi~l. That is the only difference between the House bill and the Senate bill?

Mr. ELLIOT!'. I think so. Mr. HASTINGS. That is a matter of three years. Mr. ELLIOTT. Yes. Mr. COCHRAN of Mis ouri. Can the gentleman tell the

House whether the Hou e committee proposes to accept that amendment?

Mr. :ELLIOTT. I could not tell the gentleman at this time. Mr. COCHRAN of Missouri. The sentiment is very strong

for that. Mr. ELLIOTT. That is a matter that we have not had a

chance to take up. We will take it up in due time. Mr. TIMBERLAKE. Under the provisions of the bill which

the gentleman said the Senate passed last night, will this in­crea e to $40 to widows now receiving $30 be automatic with the department?

Mr. ELLIOTT. I think that they have to prove their age. The SPEAKER. The question is on agreeing to the com­

mittee amendment . The committee amendments were agreed to. The bill as amended was ordered to be engrossed and read

a third time, wa" read the third time, and passed. ()n motion of Mr. ELLIOTT, a motion to reconsider the vote

by which the bill was passed was laid on the table.

OKLAHOMA-ITS THIRTY-NINTH ANNIVERSARY

Mr. HOWARD of Oklahoma. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD on the subject of the thirty-ninth anniversary of the first opening of public lands of Oklahoma to white settlement.

The SPEAKER. Is there objection? There was no objection. 1\lr. HOWARD of Oklahoma. Mr. Speaker and Members

of the House: Thirty-nine years ago, on the 22d day of April, several thousands of sturdy pioneers engaged in a mad 1·ace for homes in a mo t virgin part of this counh·y that was the first opening to white settlement of public land , and marked the beginning of what is to-day one of the greatest State of the Union. That race for homes was the start of the consti11ction of the great State of Oklahoma. That fertile counti·y which was inhabited in the morning by the occa­sional cowboy and coyote, at eventide of that same day_ boasted of cities of thousands and a population running nigh to the hundred thousand mark. Thereafter there was opened to set· tlement in succession the Cheyenne and Arapaho country ; the Sac and Fox Reservation; the Cherokee Strip; the surplus lands of the Pottawatomies and the rich ~nd fertile Kiowa and Comanche domain. After that for about six years Okla­homa was one of the bright young tenitories of this Nation. Then in 1907 by act of Congress this great domain, comprising what is now the western part of the State of Oklahoma, was merged with that great counti·y, famous for its fertile valleys and prairies, known then as the Indian Territory, and through that merger _ there came into the Union the forty-sixth State of the Nation, and there was formed what i to-day probably our richest State in agriculture and mineral products. The name of Oklahoma wa selected for this great State and very appropriately so, the word Oklahoma being of Indian origin and meaning " Happy Home of the Red Men."

About the first history we have of this great country was from the pen of Washington Irving, who during his celebrated tour of the prairies told the outside world of the wonder of Oklahoma 96 years ago. But the Oklahoma he knew was a land of varied forests, mountains, and plain , populated with wild Indians and the habitat of roaming herd of buffalo.

A short time before his death, in speaking of the great State of Oklahoma, the Hon. Champ Clark said :

Of the many things I have done in my 26 years of service in the House there are many upon which I look back with pride and pleru ure. One of these is that for years I did my best to bestow the boon of statehood upon Oklahoma. Two of the most pleasant weeks of my life were spent in that beautiful land htmting and fishing. I drove over it in a spring wagon and viewed the landscape o'er with ever-increasing delight. Anybody could tell that it would some day be a great agri­cultural State, but the chances are that in that far-away day even the most imaginative and enthusiastic of boomers never dreamed what a rich and mighty Commonwealth she would become within two decades, with fair prospects of becoming one of the greatest and wealthiest States of the Union. Neither Jules Verne nor any other novelist ever wrote a tale so fetching as the history of Oklahoma. Her population is composed of the very cream of the peoples of the older States-the young, the vigorous, the adventurous, tQe daring.

The story of Oklahoma by these two great men was the story of it before it had an opportunity to respond to the industry of men and the advance of civilization. The story of Oklahoma to which I want to direct your attention is the story of its 39 years of development.

In 1889 Oklahoma was a virgin wilderness, only a few thou­sand tons of coal being mined each year at McAlester, in the Choctaw Nation. At the beginning of the present century the mineral production of this region amounted in value to less than $4,000,000 a year. To-day it is over $500,000,000, or an increase of 12,500 per cent. Only two States-Texas ·with four times our area and twice our history, and Pennsylvania with .200 years of civilization and her vast stores of anthracite coal--exceed Oklahoma to-day in new wealth per year from the two great basic industries--a O'riculture and mining. Yet our resources have scarcely been tapped.

In 1907, when Oklahoma became a State, Louisiana had been a State for 95 years, Mi souri for 86 year , Al.·kansas for 71 years, Texas for 62 years, Iowa for 61 year , Kansas for 46 years, and ~ebra ka for 40 years.

To-day Oklahoma leads the Nation in the value of diversi­fied crops; is second in the value of mineral produced each year; is second or third each year in the production of cotton, and produces more broomcorn than all of the other States in the Union combined.

One county in Oklahoma, Ottawa, produce more zinc than the rest of the United States.

1928 CONGRESSIONAL RECORD-HOUSE 8419 Y:ining QOal to-day at the rate of 3,000,000 tons a year, at

that rate we have a supply of this fuel which will last for 25,000 years.

For 8 of the last 11 years crude oil pxoduced in Oklahoma was worth more at the well than the output of any other State. In 1926 the State of Oklahoma produced more oil than Russia and Me>..."i.co combined. This State is first in the Union in wealth t:le1ived from petroleum, and its two allied products, natural gas and casing-bead gas. There are more than 100,000 producing oil and gas wells in Oklahoma, located in more than 100 separate fields in 40 of the State's 77 counties.

But we should not permit the State's vast mineral produc­tion to overshadow the unexampled progress of the Oklahoma farmer.

In three and one-half decades 197,218 farms, averaging 156 acres, have been opened and are operating to-day. This land is valued at $897,334,827; .their farm buildings at $169,422,4~9; livestock on these farms is worth $102,998,393, and the imple­ments, $58,379,199.

Oklahoma has a growing season of 209 days with a soil and climate adaptable to a variety of crops. Significant is the fact that iu 1926 _this State produced cotton wQrth $95,550,000 and wheat worth $87,019,000. What other State ranks as high in the production of these two all-important crops?

Yet, that is but a small part of th.e story. That same yea1· Oklahoma produced 61,178,000 bushels of corn, 38,304,000 bushels of oats, 6,856,000 bushels of peanuts, and tame and wild hay valued at $13,672,000. Oklahoma alfalfa was shipped as far east as South Carolina, and other dairy feeds, such as grain, sor­ghums, oats, corn, by-products of wheat and cottonseed meal, were shipped to distant points in Scotland, France, Germany, and Denmark.

Each year Oklahoma's dairy products are valued in excess of $18,000,000.

In 1924 at the International Exposition at Chicago, Oklahoma won .more championships on lard hogs than all other exhibitors combined. The highest-price brood sow sold in the United States in 1927 was produced in Oklahoma.

The first year Oklahoma entered into national egg-laying com­petition it ranked third in the United States in the average pro­duction per hen, and in the second year the winning pen in the State contest ranked as the highest-producing pen in the United States for that year. The State has a poultry populRtion of 13,023,482, with commercial poultry plants springlng up to build up this new industry.

Oklahoma is known as one of the billion-dollar States, deriv­ing that income from three sources-$500,000,000 from agricul­ture, $500,000,000 from minerals, and $400,000,000 from manu-factured articles. ·

Oklahoma is over 400 miles long from east to west, extending from the foothills of the Rockies in Colorado to . the Ozark Mountains of Arkansas. Its elevation slopes from 4,000 to 400 feet. It has many kinds of soils, and the precipitation varies from 55 inches on the eastern border to 20 inches on the west border. It overlaps the grain and livestock regions of the North and the cotton r egions of the South. It is the meeting place and overlapping grounds of all crops, all· conditions, all peoples. From each region have come pioneer men and women to seek homes in a new and growing country. This mixing of peoples and interchanging of ideas has resulted in a condition that has been very beneficial. Development bas been fast and perma­nent, and conditions are so favorable and the resources of the State so great that there is no question but that development in the future will continue perhaps even more rapidly than in the past.

As a result of legislation passed by this session of Congress there will be placed upon the markets within the next two or three years hundreds of thousands of acres of virgin, fertile, and productive lands to which I have referred. No doubt thou­sands of citizens from other parts of the Union, seeking new fields and new homes, will take advantage of the opportunity that will be offered. Let me say to them that from the pro­gressive, patriotic, and industrious citizens of Oklahoma they will receive a royal welcome and will find there a people whom they will l.Je delighted to live among.

No spot in all the world has undergone a similar transfor.­mation in the last 39 years. Illustrations of this are plentiful, but one will suffice to indicate many others. It is: Twenty-five years ago Tulsa, which is my home city, was a struggling vil­lage of a few hundred inhabitants. Neighboring villages laughed at the city of Tulsa for building a 48-room hotel. To-day that same village has grown into a city of 150,000 people. It is known for its progressi\eness throughout the civilized world. It is the oil capital of the world, and in con­trast to the 48-room hotel of 25 years ago it to.-day possesses

more rooms and finer hostelries than any city of the great Southwest, regardless of size. Twenty-five years ago its country banks boasted of deposits of a few thousand dollars. To-day the deposits in its banks average daily more than $100,000,000. All other lines of commerce and trade have kept pace, ·while in its schools and churches few, if any, cities of equal or larger population measure up to the high standards in these matters set by the city of Tulsa.

l\lr. Speaker, this is only a brief and hunied outline of the story of the settlement, development, and accomplishments of the great State of Oklahoma. It has taken its place as one of the great States of the Union. Her hills and valleys are · dotted with schools and churches where the children of these sturdy pioneers, and those who came after them, are being edu­cated, according to the highest standards, and where we wor­ship God according to the dictates of our own beliefs. Her citizens are comprised of the very best blood from the East, from the West, from the North, and from the South, and to those others who decide to make Oklahoma their borne they extend a friengly and welcoming hand. They are not jealous of their blessings an.d prosperity, and those who journey there will find a wide field before them, for their efforts, if they are industrious, ambitious, and honest, will be crowned with suc­cess in Oklahoma, the land of happy homes, if they but persevere.

THE M'N.ARY-H.AUGEN BILL

J,\Ir. EDWARDS. Mr. Speaker, I ask unanimous consent to extend my remarks on the subject of farm relief.

The SPEAKER. Is there objection? There was no objection. Mr. EDWARDS. Mr. Speaker, the McNary-Haugen bill has

been sent to a certain veto, and by whom? By those claim­ing to be the only Simon-pure friends of the farmer. They have insisted upon the objectionable and unconstitutional equali­zation fee being placed upon cotton, tobacco, hogs, cattle, and other farm products. It bas deliberately and knowingly been sent to a certain veto, for the President vetoed it before because of this tax, and everybody knew he would veto it again. I voted for the bill with the fee stricken out. I , of course, could not vote for the tax that it proposes to Jevy on every bale of cotton, each pound of bright-leaf tobacco, every pork and beef, as well as other agricultural products, with its fixed penalties to be exacted in the United States courts if not paid.

VOTED FOR FARM RELIEF BUT AGAINST TAXES

No one can truthfully say I have not voted for: farm relief, and if the so-called "friends of the farmer " had been in earnest they would have joined in and helped pass the bill without the fee, and in this way we would have made a\ailable $400,000,009 as a revolving fund that would have benefited the farmer, and it would have carried no tax or fee upon his products. Like­wise, it can also be truthfully said that I ha\e voted to protect the southern cotton and tobacco farmers against the greatest nuisance and injustice tb,~t has ever been proposed in Con­gress, and that is the levy and collection of the proposed equalization-fee tax on their: products.

WHAT SOUTHERN DEMOCRATIC LEADER THINKS

Congressman FINIS J. GARRETT, of Tennessee, the Democratic floor leader in the House, in speaking on thil!l bill on April 30, 1928, said:

I have never been able to bring myself to the belief that the compli­cated system which it is proposed to found upon the stabilizatio.n fund, which fund is to be created by tbe levy of a tax, called an equalization fee, will prove workable in fact or beneficial to the farmer. Upon the contrary, it has been and is my firm belief that such a system would subject the agricultural interests to an exploitation exceeding any­thing that we have ever witnessed, and not only that, but I fear it would lead almost if not quite to revolution.

Thus it will be seen that Mr. GARRmT, a southern Democrat, and one of the most sincere, fearless, and able men in public life, predicts that the levy and attempts to collect the proposed tax on each bale of cotton, each pound of tobacco, each pound of meat, and other products would perhaps lead to revolution. The people would not submit to it. Why try to deceive them when we know what would result if it happened to go into effect?

SOUTH CAROLINA DE~IOCRAT AND FARMER AGAIXST !rilE FEE

Congressman STEVENSON, of South Carolina, one of the ablest men in Congress, in discussing this bill on April 30, 1928, in his opening rerun rks said :

I happen to lle one of the class they are trying to relieve. T.he only industry I have, outside of being a politician, is being a farmer.

8420 CONGRESSION A.L RECORD-HOUSE MAY 11 In speaking of the application of the fee to keep up the

revolving fund, by putting the tax on cotton, tobacco, and otb(>r farm product:s, l\Ir. STEVENSON said:

You are not going to have the money to do this unless you take it out of the farmer wllo is selling his cotton upon the market, and what will be the result'! Tllet·e wi11 be the devil to pay by the time you get through with it, I will tell you that right now, because they are not going to stand for it, and I do not blame them.

I have belonged to cooperatives, and, as I have said, I have no stones to throw at them. They had a difficult problem, but I will tell you now

· you can not force the American farmer, as I know him, into belonging to a cooperative it be does not wani to any more than you can force him to belong •to the Catholic Church or to the Ku-Klux Klan. [Laughter and applause.]

Mr. STEVENso~. continuing in the same addres. , with reference to forcing all the farmers into the cooperative.::, said:

I tried the cooperatives. My croppers said that we prefer to sell it on the market, and do you know what my colored men did? I am not saying it disrespectfully, but they beat the cooperatives 3 cents a pound for three years in succession in selling cotton, and when the colored people on my farm can do that I said, "You go to it, boys; l am not in the cooperatives any more," and I told the cooperatives so.

Mr. SCHAFER. The gentleman hl,l.d bettE'r cotton. Mr. STE\ENSON. No; I did not-the cotton went to the gin side by

side. The cropper and I got alternate bales. My colored men sold their cotton for 3 cents a pound higher on the average than it brought by putting it into the cooperative.

THE BILL FORCES FARMERS INTO COOPERATIVE ASSOCIATIONS

The bill provides that whatever funds that might flow from the revolving fund, whether it be the fund appropriated by Congress or as built up through the tax on cotton, tobacco, and other farm products, must and hall be through the cooperative a sociations. In Georgia there are less than 6 per cent of the farmers in the cooperative associations. About 94 per cent of the farmers ha-ve not joined. I have nothing to say against the cooperative associations. The general idea of cooperative mar­keting is good, but for some reason the farrnel's in GeOl'gia have not seen fit numerously to join the association. While the bill was up under the five-minute Tule on May 3, Congressman BRAND of Georgia, a gentleman of long legi lative experience and plendid ability, offered an amendment, and I quote from the REcoRD, as follows :

The amendment is to that part of the bill which provides for cooper·a­tive associations creating corporations to be controlled by them. I add to it this [reading] : "or corporations created by the laws of any State, members thereof to be composed of bona fide farmers who are not members of any cooperative association or any corporation created by a cooperative association, provided such corporations created by the laws of the State a1·e given no more or other auth01ity than the cooperative associations po sess."

In Georgia, for instance, and it is true of almost every cotton-grow­ing State, we have not 30 farmers out of a thousand who belong to a cooperative association. Nine hundred and seventy farmers out of a thousand will not get the benefits of this bill in so far as the loan privileges are concerned unless you adopt an amendment like this or something similar to it, so that they can, under the laws of Georgia, form a corporation and become eligible to receive the full benefits of this bill.

What went with this splendid amendment providing that not a few but all the farmers might get the benefit of whatever relief funds we might appropriate? It was immediately voted down by the Corn and Wheat Belt machine. They are driven by the cooperatives and are determined that the American farmer must join the cooperati-ves whether he wants to or not. This bill would force them in.

NO DEFI~ITE ALLOCATION · FOR COTTON

As I stated in my address in the House on l\Iay 2, 1928, the revolving fund could all be used for wheat and corn to the exclusion of cotton, tobacco, and other southern crops if the board so decided. To correct this, Congressman W. C. WRIGHT, of Georgia, another experienced and able legislator, offered an amendment to allocate or set aside a part of the fund for the use of cotton producers, which was as follows:

.Amendment offered by Mr. WRIGHT: On page 57, line 4, after the figures " $400,000,000," strike out the period, add a colon, and insert the following: "Prm.:ided, That at least $200,000,000 of said revolving fund is hereby made available and shall be used as a stabilization fund for financing the purchase, withholding, or the disposal of agricul­tural products in the event that a marketing period shall be declared for one or more of such products as hereinbefore authorized, and that said fund shall be allocated ratably to the stabilization funds of the

several products according to the values of their respective exportable surpluses."

The CHAIRMAN. The question is on agreeing to the amendment offered by the gentleman from Georgia.

The question was taken, and the amendment was rejected.

. This wise, just, and helpful amendment went "up the creek," JUSt as Judge BRA~J)'S amendment went. The Wheat and Corn Belt, from which the South buys flour, meal, and meat, is not keenly interested in doing what will materially help the cotton producers. ·Tho e we tern people want cheap cotton and tobacco, but they want to sell the South their flour, meal, corn, and bacon at as high a price as po ible. It is that sel..fishness that is found in all people, each taking care of hi own section and his own products. I cite these two worthy amendments offered by these GeOJ'gia state men to show the attitude of the Corn and Wheat Belt machine toward the South.

. THE T.AX IS CERTAI~, UNLIMITED, AND COMPULSORY

If there is any doubt about the tax on cotton, tobacco, and other agricultural crops being unlimited and compulsory, listen to ·what Le-ader GARRETT said : ·

Let it be borne clearly in mi.nd 1hat the proposal of the bill is to clothe a board of 12 men with the power to levy a tax upon every bushel of wheat or corn, upon every bale of cotton, upon every pound of meat-in short, upon some unit of every product of the farm. There is no limit placed upon the board's discretion as to the amount which it may levy, and the fund thus created is to be expended by the very board which levies it.

• * * * • • • '.fbis fee is to be compulsory ; it is not a matter of free action on the

part of the farmer entering into a contract as be does when be joins a cooperative marketing association or other farm organization. It iB to be levied upon him by a board and collected from him by the agencies of law.

Surely no one will deceive himself into the belief that this fee will not come from the farmer him elf. It is immaterial at what point in the handling of the product the tax may be imposed, whether at the time of the fit·st sale or when it is transported or when it is processed, it will be paid by the farmer who . grows the product.

* * * * * * • If that be true, how is the farmer to be bene1lted by paying his own

losses from his own pocket?

* * * * * * * Vice can not well be made a foundation stone upon which to erect a

structure of virtue.

* * * * * • * Is it possible that there are any considerable numbers of people in

America who believe that the farmers are ready to have their farms and industry placed in the category of a public-service corporation and made rnbject to governmental regulation and control?

If so, they will be rapidly undeceived once the effort is made.

No man has yet denied wl.Jat Mr. GARRETT, the great Demo­cratic leader, said. There is no wiser man in or out of Con­gress than Congressman GARRETT. The whole country and men of every party respect his opinions and admire his ability as a statesman of the very highest order. It is the general opinion in Washington he is the ablest man in Congre sand he ranks as one of the greatest thinkers in the United States.

IS THil TAX ON COTTON AND 'rOBA.CCO UNLIMITED?

While the bill was under consideration I interrupted Con­gressman LANKFORD, who has hown great intere. t in trying to bring about farm relief, with two que tions which, with his answers, convince me the tax on tobacco and cotton, two of Georgia's leading crops, is unlimited. The questions and an wers were as follows :

Mr. EDWARDS. Is the equalization fee on tobacco limited or unlimited in the bill?

Mr. LANKFORD. It is unlimited. Mr. EDWARDS. 'l'he same is the case with cotton? Mr. LANKFORD. Ye . Some people say that it will not be very high.

If it is not going to be high, why not put a limit on it? Tobacco, of ali farm products, bas borne a greater bu_rden of taxes in the past than any other one farm commodity. Ever since the Civil War there has been a tax on tobacco. It has always been borne by this commodity, and under this bill you seek to put a heavier and more direct tax on tobacco than upon any other one commodity. It is not fair, it is not ju t. I will not vote to: the bill if it stays in. [Applause.]

This was in the presence and hearing of Mr. HAUGEN and others advocating the fee on agricultural crop . No one rose then, or at any other time, to deny what Mr. LANKFORD aid, and it is true that these taxes are unlimited and compul ory. Do the people of the South want these taxes levied upon them? I think not.

1928 CONGRESSIONAL R.ECORD-HOUSE _8421' It is a rather significant thing that eacli time the Haugen

bill witn the fee 'in it passes Congress the price of cotton takes a drop. It went off this time nearly 2 cents on the pound The fee means no increase in the price of cotton or tobacco.

THE POWER TO TAX IS THE POWER TO DESTROY

In his splendid address before the House on May 1, Mr. LANKFORD said :

The bill gives the board-a big majority of whom would not live in the South and all of whom probably would not be in sympathy with the cotton and tobacco growers-the full authority to assess taxes against the production of cotton, tobacco, and other products grown by my people. "The power to tax is the power to destroy," and I will not knowingly give the power to destroy my folks to those who do not live among my people, who are not in sympathy with them, and who ofttimes hate them.

The older the McNary-Haugen bill gets, the worse it gets. It does not at all improve with age.

He further said: • • • You :ue about to tie the farmer band and foot and deliver

him into the hands of his avowed enemies. · • • • There are many other objections to the bill which have been in the bill from the begin­ning. • • • I have tried· to point out wherein the bill is now much worse than ever. The vicious provisions now so far outweigh the meritorious ones until I can not vote for the measure in its present form. • • All bills have in them the good and the bad. To my mind at present the bad in this bill predominates.

Mr. LANKFORD, an experienced and able legislator, from a cotton and tobacco producing district, who has heretofore sup­ported the Haugen bills, saw grave danger in the present bill, with its unlimited and compulsory taxes on cotton, tobacco, and other products of the State he is from, and he opposed and voted against the fee. He condemned it as vicious and unjust. lle, like nearly all the Georgians, voted for the Haugen bill, as I did, with the fee stricken out. This is the way the bill should have passed and it would have no doubt been signed by the President and the farmers would have gotten a revolving fund of $400,000,000, without the taxes. .My vote was for the bill with the fee out and then against the tax. There is no fair­ness in taxing the farmer to keep up the revolving fund. The fund ought to be appropriated directly out of the Treasury and be free from taxes.

The defeat of the Haugen bill can be laid at the door of the Corn and Wheat Belt group who have insisted upon this iniquitous tax on cotton, tobacco, hogs, cattle, and other farm products or nothing. The bill that was up in the House, as I stated in my address of l\Iay 2, is quite a different bill to the McNary bill as it passed the Senate. The Senate bill carried the McKellar amendment that practically rendered the fee inoperative.

I VOTED FOR HAUGEN BILL WITHOUT THill TAX

We pa ed the bill, carrying $400,000,000 as a revolving fund, without the fee or tax, in the Committee of the Whole House, when Congressman AsWELL, of Louisiana, moved the Haugen bill without the tax as a substitute for the one carryin·g the tax; but the Corn and Wheat Belt machine was too powerful for us, and in the House, after the committee rose, the tax was put back in the bill. They were determined that the fee should be in shape where if the $400,000,000 was used on wheat or some other crop, the revolving fund could be speedily rebuilt out of money exacted from the cotton and tobacco growers, and other farmers, by the levy and collection of the fee. It would be levied upon every bale of cotton, every pound of tobacco, and upon other crops, just as Mr. GARRETT, Mr. AswELL, and others have said.

WOULD THE TAX 0~ COTTON EXCEED $10 PER BALE?

Congressman WRIGHT, of Georgia, offered an amendment to limit the fee to $10 per bale on cotton and it was voted down. How high would this tax be levied? Evidently they expect to pop more than $10 per bale on the farmers or they would have been willing to limit it to that amount. Is this good and wise legislation for the Georgia farmer? Let him decide, especially as no one argues it will increase the price of cotton or tobacco. They merely argue it would "stabilize" it, but it might be stabilized at a price below the cost of production by a board that has all authority over the machinery. I can see wherein it would not only possibly bring revolution but absolute ruin to the South. The South now has a monopoly on raising cotton and tobacco. Why should we-bind our farmers hand and foot and deliver them and their destinies into the hands of a board that might not be friendly to the South? · Only 3 out of 12 members of the board are to come from States primarily in­teres ted in cotton and tobacco; 9 out of 12 of the board come from sections that w~t cheap cotton and cheap tobacco. What

would that board likely do in stabilizing the prices of cotton and tobacco? There is too much at stake to take a chance, and I can not conscientiously vote to " hog tie " the f;irmers of the district I represent and turn them over to a board that will not be from our section and which might not be friendly to tbe South, nor can I stultify my conscien·ce and vote for taxing the farmers.

They are already too heavily taxed, and if you are as interested in their welfare as many of you profess to be you would be trying to reduce their taxes by cutting down the tariff rates and otherwise making their burdens lighter instead of increasing them with additional fees. I will vote for tax reductions, but not for new taxes or higher taxes. Relief can only come through this course. The people know this, and you are not fooling them '\'y'ith this complicated piece of dema­goguery.

I, of course, preferred my own bill, which I introduced early in this session, somewhat similar to the Crisp and Hare bills, which carries $750,000,000 as a revolving fund for the farmers and has no tax ·or fee in it. It is a straight-out governmental appropriation to make and keep up the revolving fund for the ­agricultu:t·al industry, for the good of the whole country, with­out further burdening the farmers with fees and additional taxes. It carries nearly twice as much money as any of the relief measures. Along with my bill many other good bills that can·ied no fee were pushed aside by the Corn and Wheat Belt machine who seemed to be determined to levy the fee tax or let farm relief fail. They have sacrificed the whole thing rather than take it and experiment with it without the tax as many of us tried to get them to do. The blame is not with me and others of my view. It is with those who have insisted upon additional taxes upon the people in the nature of the fee, which the President has held is unconstitutional and which he will almost be obliged again to veto.

WHY IT HELPS WHEAT AND NOT COTTON AND TOBACCO

The question arises, .If the fee helps wheat, why will it not help cotton and tobacco? The answer is simple and conclusive. Cotton and tobacco are exportable crops. The tariff is not effective on these raw products, but it is effective on wheat and corn, and the fee would be a boost in conjunction with the tariff. There being no tariff that can give a boost to raw cotton and tobacco, then there can be no boost in the price thereof from the fee. The fee might become a help to the Wheat and Corn Belt but would prove to be a decided detriment to the Cotton and Tobacco Belt.

It would increase the price of flour that the poor man has to buy in the South by $2 per barrel, and it would increa e the price of meal and western meats, but would not nor could not increase the price of cotton and tobacco, the principal money crops of the South. That is exactly what the Corn and Wheat Belt group want. They want the ptice of flour, meal, and western bacon, which their section produces, increased in the price the South and the rest of the countl'Y pays., but likewise these same shrewd but rather selfish gentlemen from the West are also interested in seeing their people in the 'Vest get cheap cotton goods and cheap tobacco without regard to the results to the South that produces cotton and tobacco.

OUGHT TO BE INDEPENDENT OF THE WEST

The southern farmer ought to become independent of the West. Wheat, corn, cattle, and bacon can and should be raised in the South. It can be successfully done. The South is a golden empire in opportunities. Nearly anything and every­thing will grow there, and we have the best climate in the world. The South's great son-the statesman and orator who · "died literally loving a nation into peace "-the sweet-spirited and nationally beloved Georgian, Henry W. Grady, had this vision when he said :

When every home-owning farmer in our Southland shall eat bread from his own fields, meat from his own pastures, disturbed by no creditor and en-slaved by no debt, shall sit amid his teeming gal'dens, fields, orchards, vineyards, dairies, herds, and barnyards, with his . money crop a surplus Cl'op, selling at his own time, getting cash and not a receipted mortgage-then will be the breaking fullness of day.

These words were spoken by this great American years ago, but time has demonstrated clearly that he was right in his conception of diversified farming as a means to prosperity in agriculture. In Mississippi, where the farmers huve turned from cotton to dairying, many large milk-condensing plants and cheese factories have been located and are meeting with great success. The people who have diversified in l\Iissi sippi and elsewhere are prosperous and happy.

I wish the good people whom I represent might give more at­tention to diversified farming and to dairying, for I think they would be more prosperous and consequently more happy than

8422 CONGRESSIONAL RECORD-HOUSE MAY 11 they ru:e. God knows, I hopa and work for all that I believe will bring better things to our section that has suffered so much. Because of my interest in fru:ming and the interest I have in the people who have intrusted me pere to speak and vote for them, I can not vote for anything that I believe hurts more than it will l1elp them. God being my judge, I believe the proposition to tax cotton, tobacco, and other crops is unjust and wrong in principle. I have acted and voted at all times as I conscientiously telieved to be in the interest of the good people who sent me l::.ere as their Representative. If I have made errors they have been of the head and not of the heart, for I yield to no man in my de­votion to the people and the section I have the honor to repre­. ent. I have tried to see the good others claim to see in the equalization fee, I have worried and prayed over it, but my conscience has ever pointed an accusing finger at this proposed tax and has condemned it as unfair and unjust. While I have voted for everything that promised relief for the farmers, even for the Haugen bill itself with the fee eliminated, I have felt it a duty to protect, as far as possible, the cotton and tobacco farmers of the South ~<"'U.i:nst this Corn and Wheat Belt idea of an unlimited and compulsory tax on every bale of cotton, every pound of tobacco, and other farm products. This tax is wrong and noth:ing but trouble, annoyance, and additional burdens can possibly come to the South from the scheme. I have been honest in my convictions and have discharged my duty in the light that has come to me on it. In it I trust I may have the a~ prcval of the people of the :first Georgia district, one of the greatest agricultm·al districts in Georgia, in whose interest I have voted for the bill without the tax and in whose interest I have voted against the tax, believing that they do not wish to be burdened and annoyed with additional taxes and believing it is wrong, unfair, and unjust to put this tax upon the men who toil in the sun, who work early and late, on the farm.<:; of the Southland. [Applause.]

NATIONAL SAFETY ESSAY CONTI!ST

~{r. .ARNOLD. Mr. Speaker, recently a contest was held thr'oughout the Nation participated in by the intermediate school children on the subject of street and highway safety. The contest was participated in by something like 400,000 school children. The winner of the contest, Miss Chloe Haw­kins, is a resident of my district, liring in Centralia, ill. I ask unanimous con ent to extend my remarks in the RECoRD by having printed the essay which she wrote on this subject. It is not over 500 words in length. It may serve as some­thing of a caution to people in respect to streets and highways.

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

remarks in the RECORD, I include the following essay by Miss Chloe Hawkins, of Centralia, Ill., in my district, who was the winner of a contest participated in by the school children throughout the Nation for the best essay on the subject of street and highway safety : WHY I SHOULD BE TAUGHT STREET .A....''ID HIGHWA.Y SA.li'ETY AT HOMJI.l A~"D

AT SCHOOL

By Cole Hawkins, Central School, Centralia, Ill. One of the problems of the present day is traffic on our s treets and

higl;lways. Each year there is an increase in the number .of motor rari, and with the increase of traffic there is an increase in accidents and fatalities.

Last year there were approximately 24,000 deaths, and many more were injured in the United States by motor cars. This is approxi­mately one-third the number whieh America lost on the battle fields of the World War. Of all the causes of accldoo.tal deaths, the motor car heads the list.

It can reasonably be expected that traffic over the country will increase, and as it increases the tratfic will beeome more compli-cated. There seems to be but one .way to C9pe satisfactorily with this prob­lem, and that is to .edueate the public as to street and highway safety.

Laws and traffic rules are no protection to a public ignorant of them.

Safety councils of States and " safety-first campaigns " can not reach the masses as they should.

Everybody Should be taught to feel a personal responsibility in trying to lessen traffic accidents, and this can be done only when traffic rules are taught systematically at home and at school.

It would appear that there are but few subjects, if any, taught in our public schools worth more than a thorough Jrno ledge of street and · highway safety. Is not the law of self-preservation one of the fu.IJ..damental Jaws of life? .An education is incomplete if it does not include knowledge that will enable us to surviTe the best possible. Our environment is changing all the time and nowhere is this seen more than on,. our streets and highways.

Twenty-five years ago traffic was slow and rarely congested, and there were but few fatalities; it was therefore unnecessary to know much about traffic rules ; now traffic is :fast, congestion Is a big problem, and the traffic fatalities are so great as to claim approximately 100,000 victims every four years.

What we learn becom~s a part of us, or, as some would term it, " second nature " ; so must street and highway safety laws and rules become second nature to us and a real part of us. This can be done by repetition and systematic teaching, beginning when we are small children. To accomplish this best the mind of youth is best adapted for the training. Street and highway safety should be taught in the home as well as in the school because the first six: years of one's life Is before school age, and all children are in danger of tra11ic accidents.

True mothers should not depend altogether on the school to form the habits and dispositions of their children which go to make up per­sonality and character ; nor should they depend altogether upon the school to teach their children street and highway safety, so neces ary for the protection of their lives and well-being.

ARl'IOLE BY MR. WHEELER W. MOORE, OF ILLINOIS Mr. KING. 1\Ir. Spea~er, I ask unanimous consent to ex·

tend my remarks in the RECORD. The SPEAKER. Is there objection? There was no objection. Mr. KING. Mr. Speaker, Mr. Wheeler W. Moore 1s a resi­

dent of Buena Vi ta Township, Schuyler County, in my district. His business is that of a farmer, a11d he runs and owns hi<; O\Vn farm. He is a student of agriculture from per onal study of actual conditions, in other words, "a dirt farmer." He is also a student, and the time on his farm has not ucceeded in a failure to cultivate his mind, with the result that his studies in his library on the farm, coupled with the e:x:p~orative trips, have led him to the firm conviction that the geologists are 1n error as to the real formation of the glaciers. This confronts us with a very important and startling suggestion, one that might well attract the attention of Congre and the general public when it is announced. So full of startling information is his development that I think it wise to give his theory to the world's greatest publication, the CoNGRESSIONAL RECORD. The following is the theory of Mr. W. W. Moore, et out verbatim as he has sent it to me:

INTRODUCTIO:-i With a spirit of re~pect to the pioneers of America wbo made our

land one of the free and peaceful nations of all the earth, and with full confidence in believing the Congress of the United States will ever retain its good will and confidence by fair and impartial dealing with its own native inhabitants and with the world at large, I thus submit a subject of the deepest import, suggestive to the removal of a clouded title now shadowing every interest existing under man'l!l ob ervation.

The rising and passing of a clouded title shadowing a public school or free institute or the world's business enterprise at large . is nothing more than a budding and growth of another new trutb, which, in the march of events, continues to displace theories and establish facts in harmony with the Divine Providence who created all; but why delay and grope in darkness and the shadow of ignorance while an endleJ s world of undiscovered treasures resolved under a master mind. yet remains to compensate a worthy deserver?

It seems from the tide and trend of things our vision of fame and honor is being misdirected, inasmuch as it confirms too much to the massing of great wealth and fortunes, ' which, while being of a noble and worthy purpose waen rightly used, yet there seems to be an urgent and more demanding need for intelleetual thinking and physical exer­tions in the open field of undiscovered realities.

Civilization, wllile owing much to its wealth saved from its coun­try's earnings, its educational system ~tnd moral obligations, depend largely upon scientific discoveries and a true vision of realities. The truth along these lines is the source of peace and freedom ; every new discovery is educational and intensifies an optimistic vision of the immeasurable wealth and opportunities of our land.

.As pr8of of my convictions I will follow these pages with a few inclosures disclosing only a few of the shallow mysteries of nature now existing under our everyday observation. With a fouRdatlon based upon the h'llth, the phenomenon of every objeet will correlate with every other object and with suck measurable reactions as to withstand every test and give cause for every effect

In the very heart of our civilization we stand aghast and amazed at our own ignorance 11s we refresh our minds with thes::! simple problems of vital importance. We are not responsible for what we perceive in nature or our deduction and view drawn therefrom. We a.sk no one for enlightenment; we accept no one's conclusions ex.cept as they conform to the laws of ethics and the geographical engraving on the trestle board.

The whole phenomenon of both land Hnd sea is a self-explanatory history of the works of the wise Creator; every object on the map, both animate and inanimate, is observed with utiring interest and under-

'' 1928 CONGRESSIONAL RECORD-HOUSE 8423 standing as it is surveyed and marvelously measured by the power of the mind.

There is no insane wondering in the field of natural science; our mighty rivers, our expanded lakes, our snow-capped mountains, the canyon, the cataract, the high and low plains are all explanatory subjects with such measurable relations as to carry us far into th(> deeper mysteries of nature, which likewise · surrenders their secrets.

Novel as it all seems and the · endless pleasure it affords, it carries with it a spirit of the truth which enriches us with useful and valuable knowledge concerning our lands, their soil, and the importance of their conservation. Every object, animate and inanimate, only functions as an effect; the cause is that of a higher power; thus science and religion are inseparable associates, harmonizing with every spirited truth in the Bible.

A revelation of the truth is the source of inspiration by which we are guided. We are not laboring under a false illusion or confronted with pertmbing question which can not be understood, answered, and substantiated; neither is it possible to doubt the existence of an intelli­gent creator from a true knowledge of science.

Close the great open book of all the ages and cancel all its records ; shadow the calendar of the whole world's activities, and from afar off into the background of chaos, try and feature the unfolding of all the marvelous wonders of creation as they now appear - without a divine Creator and it can not be done.

From every angle and point of view consider the lightning and its trackless path as it flashes before our eyes and from a vision of om own we behold a helpless coll~ction of electrons driven into seclu­cion and commanded to action by that same Master Mind that brought forth the beast of the fields, the fowls of the air and all the creeping things of the earth, and of which our own observing mind is a part.

Consid~r the ninety some odd el~ments of nature with their billions of infinitesimal electrons, timed, proportioned, and locked in secrecy and subject to release and made available under advancing conditions in the formation of countless living organism, and all is a ceaseless tide of evolution acting under the command of a Master Mind.

Why all this fuss and prejudice toward evolution? Is it because Darwin and his theolies on the subject were not in full accord with the divine truth? It rmiy best be undel·stood from a standpoint of knowl­edge of that of my own experience.

My view of Darwin and his prescribed theories up to the time I was past 21, was transitory and of a skeptical and prejudiced nature, acquired in my home, the school, church, and from public opinion, and many of whom, like myself, no doubt, had no personal knowledge of what his work consisted other than that of hearsay.

In following the regular prescribed course of study in the latter part of my school days, some 38 years ago, I found it necessary to take up the study of zoology and as a matter of consequence, I frequently referred to the preface of the book (the fourth edition by A. S. Parker) in which· it referred to the works of Darwin for collateral reading.

I believed him an atheist and that his work In support of his belief and to prove that man was a descendant of a monkey and the monkey from something lower and so on down the line; I thought seriously over the matter and wond€red why a religious institution such as I was attending should allow a book in the school that would r efer the student to an infidel's work as that of the Origin of Species, by Darwin.

However, deciding to carry out the instructions of the author and decide for myself as to the harmful atheist's jnfl.uence that I expected to find in the work, I thus secured a book from a b ·iend and with some fear and wonder I secretly and promiscuously scanned its pages from cover to cover, but to my smpt"ise and astonishment I could only feature the strenuous effort of an honest man in search of the truth.

From my own point of view, his object of purpose was to prove by test the theories of evolution. He actually saw a varying difference between the species-a missing link and a whole chain gone-and set out to find it through propagation and breeding. But · his method of practice was not in full accord with the Divine. creation of things and his work stands in proof of his application.

Every species of the land is a relative compound made up of a certain number of distinct elements, united and commanded to action by a compelling force that demands a division and the missing link was a purpose of God.

Darwin went to the extreme limit of his ability with his tests and most of Ws answers were minus and negligible. Many times he detached himself from his regular course of procedure and studied his problem from a standpoint of geology. In this field he found it unexplored, misinterpreted, and a mystery, and with an open mind announced there was something wrong with geology.

But his work was not a failure; it stands as one of the greatest educational works in the support of a Divine creation and a Christian religion that ever was published ; not that it is based upon the facts and coii.forms to the truth in all of its phases, but it reveals the lack of a divine inspiration which, as a matter of consequence, · he could not vision the functioning of nature in a. true science for an explanation. .

Thus Darwin, honest, sincere, and an earnest student of the material things of life, should not be stubbornly condemned for his untiring efforts in proving to the world that no method of practice will ever enlighten or civilize humanity only as it conforms to the spirit and letter of a Divine Power.

The question o{ evolution covers a broad field and as a matter of judgment, in keeping the reader within the bounds of reason and under­standing, I refrain from giving all my views to the full depth of my vision at this time.

It has now been some 10 or more years since I made these simple discoveries which I herewith disclose as only a part of the work. The whole scene was flashed before me in a moment of t ime as I approached a narrow gorge extending eastward of a lonely valley of which I had just passed through.

God, science. and all the wonders of the world, previous to this time to me, were bewildering and a tangled net of unrealities. I halted with astonishment and for a few moments stood motionless, silent, and alone in solemn meditation and thought. I was not confronted with a stupendous flight of imagination in the field of endeavors. The cur­tains were lifted and some of the world's greatest tragedy stood before me in reality. I featured the land of promise from "Dan to Beer.­sheba," and staged the last grand drama. as played by the ten tribe-s of Israel, and ·with new thoughts, new aspirations, and with a spirit of delight I proceeded on up through the narrow gorge of which I had previously traveled in ignorance, mystery, and wonder as to its formation . .

The World War was on at that time and my fir·st thought was some­thing for peace and America first ; but au my effor·ts to make a thing worth while proved futile, and instead of finding a place in our modern school curriculum it became a secret functioning barometer in a field of conflict and the author an innocent victim of circumstance.

As an Anierican citizen functioning off the stage of action with a matter of such import as to interest every nation of the earth, I ask that every honorable Member of our Congress detach himself from his public duties at a convenient time and study this matter from an educational point of view. My composition and ways of explanation are faulty and hard to understand. Our thoughts ar(.\ the only things worth while. We are all geniuses in this field if we will only think for omselves.

If., from the meaning of the eighth clause of sectlon 8 of article 1 of our Constitution, I should secretly withhold scientific discoveries or permit them, first, to go beyond the confines of our own 'border­land, then I stand as a selfish and unwort.hy citizen of the United States, disloyal to my family, and ungrateful to my God for a gift of intelligence.

The suppression of these facts, in so far as t hey have not added to my comfort or welfare or become known to the general public, they bad just as well be sleeping in the silent tomb of some Egyptian king, and the world at large moving in ignorance and worshipping idols.

This long-protracted siege of silence concerning matters of such det>p import and concern as to interest every nation of the wot·Id seems to be out of all reason and an insult to the intelligent acts of our early statesman, who, by an expression of their wisdom, granted certain powers to Congress as means of promoting the progress of science and useful acts by securing for limited times, to authors and inventors, the exclusive right to their writings and discoveries.

It is not so much of a q~estion of time, energy, and expense in­volved in the accumulation of the required data from research and study in awakening the world to thought as it is to overcome the disqualifying effect that keeps a living truth off in the background.

However, the truth can not be suppressed only as it arises again, and without praise to myself or prejudice or gratitude to any particular party, creed, or race, I submit a minor part of my conclusion in evidence of my convictions.

In all of my physical industrial functioning and mental exertions in the acquirement of a purpose worth while, it seems to have proven futile and without success. I go back over the Eeld and from a stand­point of my own implication I try to adjust my affairs to a more scientific and economical method of practice and every new effort seems to ,tide me still farther away from the things that m'ake ror success.

Where is the trouble? We try to play the game of life on the ·square. Is success, after all, an act of dishonesty? We are not different from that of other people except that our own immediate industry is carried on wholly within the confines of our own native land, while that of many others are national and international in scope, where we find from · experience their operations are intricate nnd delicate-where a disorganized world seems to be making its last grand play for the natural r esources of the land.

Scientific men are no different than other people, only that they stand aghast and amazed at the indifference of the jazzy, on-rushing crowd with silent tongue and thoughtless minds in the face of the facts and .t·evelation o! the Divine truth.. Science sees God in all nature and to ignore the truth is to deny Him, which, as a matter of consequence, he bows and becomes a worshiper of idols in which there is no future, no fame,- and no honor.

8424 CONGRESSIONAL RECORD-HOUSE }fAy 11 The world's evil seems to be the results of illiteracy, ignorance con­

cerning the laws of nature. Science demands forethought, exactness, and a knowledge of the truth in every honest effort of purpose ii peace and prosperity is to reign and rule in our land and in the world at large.

Science seems to have been ignored, despised, and suppressed throughout all the ages of time. Isaiah away back 712 B. C., ~s we read in the book, was ignored and despised. In the twenty-fourth chapter and seventeenth verse we read: "Fear, and the pit, and the snare, are upon thee, 0 inh1lbitants of the earth," and in reading the remaining verses of the chapter and we find his thoughts were based upon fact and was in evidence of the truth concerning the previous dangers of the ten tribes of Israel and other inhabitants in similar ones throughout the region.

With a definite understanding of Isaiah's ideals, as found in his prophecies, might have enabled the COJlgress of the United States in 1922 to have conformed to a more definite and peaceful and practical measure relative to their active part taken in the Illinois and Michigan canal without a comeback of just grievance by a certain coope1·ative group of inhabitants from the peaceful valley of the Illinois River now after more th1ln a century of time. Congress sanctioned the act and should pay for their blunders.

Isaiah's prophecies were in a manner cOrrect, and it he had had the support of the leaders of organized societies during his time he would have walked the streets with a spirit of di.,anity and honor and well dressed, · and the 10 tribes would have been saved from one ~f the most tragic deaths in the history <ll the world.

Illiteracy and the suppression of the truth and the loss of the multitudes throughout the land is what drove Isaiah to appear as a crank or bore, and walked the streets in an old slave coat and finally con­demned to death. Every public enterprise constructed and carried on In ignorance and disrespect to science and the laws of nature will functio.n out of harmony and destroy the cooperative spirit between city, State, and Nation.

As a native-born inhabitant of the Middle West, and reared and schooled on the border of the Mississippi River, my chief prayer is that the Seventieth Congress of the United States may study, analyze, and know for themselves all the details of this age-old Indian corpse, and with skill and the aid of science control the tidewater rushing through the bowels to the good and satisfaction of the inhabitants living therein.

My school days up to the time I was 21 years of age were limited and my studies consisted only of the three R's, and from practical experience since that time I have added another R to the common curriculum, and it is only through the kind consideration of men of tho.ught and understanding and hono·r that I confront with these simple interesting problems at this time.

Our aim of purpose and activities seems to be misunderstood and objectionable to the swiftly moving crowd who apparently have detached themselves from their duty and obligation and gone afar off on an ex­ploration tour of the world, leaving us isolated, alone, and tangled in our own net, with an impression that fortune only knocks but once at a man's door in a lifetime.

But with all of our trfals, discouragements, and adversities we are not without hope, promise, or opportunity. The world's geographical area at large is our vineyard. The harvest is ripe and the reapers are plentiful. Our Government officials are America's gardeners­servants of the people's choice for world service.

As an overreaching ambitious individual, delinquent in the field of conservatives, I ask our worthy captains of the vineyard to pause for a moment of time for thought, study, and consideration of this ama­teurish, paradoxial introduction. I urge that they detach themselves from their earthly duties at a convenient time and follow me afar off into the jungles of time, where I have frequently ventured in quest of health, wealth, and wisdom, and a remedy for the inveterate ills of a certain class of agriculturists.

As a special introduction to my observance and as a further guide into my foregone -conclusions, I herewith rehearse the . scenes with a new spirit of hope, confidence, and independence.

RETROSPECTION

Reviewing the scene of the past as it appeals to our imagination and vision of thought from the totality of things, and there is a rever­ential and awe-inspiring significance which leads us to believe the works of nature to be an act of purpose at the command of a Divine Provi­dence.

Ft·om the sequence of events every river system of the land was once a living organ, created, dominated, and controlled by a master mind in a manner susceptible to our knowledge and understanding and explanation.

They all lived in reality, and after years of growth and preparation each gave birth to a certain type of creature, all specific in kind and nature and endowed with a faculty of defense and an instinct to act in behalf of their own common good and in the propagation of their offspring. Thus they all march in separate and distinct cooperative classes from their bumble beginnings throughout the entire period of time with man and mind in the lead of the procession.

Deviating from a summary of our retrospective views to a more minute and rational point of view, we thus compile om· deductions and views as it conforms to the interpretation of life from its earliest somnolent awakening on the paradisiacal isles of peace through a period of disaster, isolated confinement, solitudes, wars, and on up to our present era.

RIVER SYSTEMS

Research and study of the Mississippi River system throughout its breadth and length and all, reveal time perspective in which various changes are recorded, portraying the spectacular stage of action in which animal and vegetable life were brought forth and conditions made possible for a continuance of their existence, with man and mind in lead of the procession_

From every angle and point of view we conceive the entire Missis­sippi River system as once a molecular eroded excavation extending out from beneath the Gulf of Mexico to the extrem'e end of all tribu­taries-an act of creation at a period of time in which the entire region was submerged from below sea level.

Upon the receding of the water from the highlands as the conse­quence of the lowering of the sea floor at the Gulf, the highest land elevation throughout the region was that of the upland plains extend­ing out over the broad reaches of the valley lands and the groups of mounds · on the invisible bluff connected therewith.

For a long period of time these upland plains remained a paradise for the peaceful abode of all the species existing thereon and created therein, but, like that of the Garden of Eden, the water level fell below a point of support and the broad plains, with their flourishing growth of vegetation, were broken down and countless living creatures were lost, including many of its tribes.

PARADISIACAL ISL.U."'D

The history of the species from its beginning throughout the period of time in which they inhabited these upland-valley plains was one of peace and tranquility. The region abounded with a prolific growth of vegetable life, which being most suitable in kind and quality to satisfy the era vings of the beast of the field, they thus remained peaceful and h1lrmless throughout the period.

Tree, vine, and shrub of a fruitful kind and of many desirable varieties were scattered throughout the plains and offered their was ting quantities to the full requirement and ' desire of man, fowl, and the creeping things thereon; and they, too, remained in peace and satisfied until the plains became submerged and broken down and all surviving the catastr~phe were forced to retreat to the bordering hills where they took on a new aspect of life and fought for supremacy, food, and control.

SURVIVAL OF THE FI'ITIOST

The surviving multitude, after a division of the lands, took refuge in caves and on high hills and on isolated structures over the tribu­taries, which being too limited in scope in many regions for the occu­pancy of its number, man, beast, and varmint all fought, suffered, and died unitedly in their struggle for existence.

In other less populated regions of greater dimensions and food in sufficient quantity for their existence, many of the species multiplied and as the water receded from the land they emigrated and replenished the earth.

LAST GEOLOGICAL ERA

The last geological era represents that period of time in which the igneous and stratified rock were polished and conditioned by nature as implements of defense for the use of man and scattered throughout the land in various assortments, which, upon the settings of the stone age, man found flint the most acceptable to his use and skill.

FIRST GEOGRAPHICAL SETTING

The first geographical era of our earth covers th1lt period of time in which the upland plains of all our river systems existed as a suitable structure for the propagation and abode of their own created species, with a special and distinct type of man and mind, crea t ed in the image of God, in their midst. This period ended at the time their plains were broken down and the inhabitants were forced to the hills, where history, archreology, and geology were dawning as a feature of understanding.

SECOND GEOGRAPHICAL SETTING

The second geographical setting began at the dawn of the old S'tone age and extended throughout that period of time iu which the water was receding from the river systems and the way made passable for the multiplying inhabitants to roam the country at large. This period ended preparatory to the uniting and intermingling of the distinct species and tribes of the >arious river systems of the d.ilferent con­tinents.

MORAINE HILLS

The Champaign moraine and the Shelbysville moraine and all moraine hills extending throughout the Mississippi River system, like that of all river systems of the land, m·e natural conditions con­tributed to the actions of a portion of ~ invisible atmospheric ele-

1928 CONGRESSIONAL RECORD-HOUSE .8425 ments while confined within a subterrane channel preparatory to the receding of the water from high Jands.

We vision the entire load of these terminal moraines, preparatory to the receding of the water, as an active swiftly shifting debris, slowly advancing to a higher elevation under the in1luence of the molecular contined forces and terminated under a diminishing pressure. The scene as it lays before us suggests itself as an unfinished product of our basic soil.

Singling out and speculating upon the altered and relative features of the moraine's rocky debris and all is a self-explanatory history from which we record our conclusion. If the debris consists principally of unworn limestone fragment, we know they were carried but a short distance and suggest that the soil extending out from the region from whence they were removed should be rich in lime. If the debris consists principally of particles of coal, slate, shale, and sandstone, likewise we know i-t was removed from stratas of like proportion but a short dis­tance from below, and suggest a soil extending out therefrom as of a less value.

Every questionable feature of the whole phenomena is a revelation and acts as its own interpreter. Some moraines were released abruptly, while others were released under a slow declining pressure, suggesting a condition in which many of the great bowlders throughout the land were suspended while in a balanced condition and in conspicuous places.

Propounding for a while upon the many interesting and suggestive features of the moraines, we divide our time and from the valley below make a research of relative condition as proof of our conclusions. From observation we measure the width of the valley and from their sides spe:!ulate as to the amount and kind of material detracted therefrom, and from a topographical feature of the surrounding country contiguous thereto determine with some degree of accuracy the kind of soil and the value of the land.

In conclusion, every terminal moraine is the result of advancing gases and the receding of the water under which the load was advanced, and each in their turn were consecutively suspended, beginning at the highest elevation and extending back each at a lower level.

CANYO:YS

All rivers of the land were eroded at the same period of time while the land surface yet remained submerged and it was during this closing period that all canyons were eroded. Canyons were eroded by the same molecular forces that eroded the river systems and under the same condition. These turbulent forces by which a canyon was created circulated their many tons of bowlders and rock fragments into a sand and soil producing material beginning at the bottom of the canyo.Q and continuing upward until the great mass was removed and crushed in a manner beyond description, except, as may be suggested by the action of the silent whirlwind which in its trackless path we observe its captured debris circulating hither and thither cushioned under the canopy of a serene, calm atmosphere which, in all its aspects, rehearses a scene of antiquity which made man an active intelligent possibility.

As all rocks and other stratitied material were laid down and consoli­dated in water with the greatest contraction, it is evident the concen­trated energies of heat accompanying the molecular forces in their sub­terranean advancement was the principal agent in releasing by expan­sion and reducing by friction and force the detracted material in the most rapid and terrific manner. _

The canyon, while it exists as an endless feature of beauty and grandeur, is not without its aspects of fear and displeasures, all or which interwoven on the mind of man presents a vague conception of realities susceptible to a revelation of the divine truth.

The questionable bowlder alone, scattered throughout the valleys and many suspended high upon the bordering cliffs of the canyons and apparently of but little interest to the observer, yet they present a text of the deepest thought and study; its size, shape, color, position, composition are all associated acquirement with measurable relations to that of every other material object under our observation.

~ The bowlders of the canyon and the creeks and the tributaries throughout were implements of nature in the erosion of the rivers and in part were extended from beneath the gulfs of their rivers in which they were extended therefrom.

There is ~a sublime significance on the mind of every man as he looks down into the abyss of the canyons and rivers within which his own soul once united in simplicity and bliss as its architect, sculptor, and artist, and with equal dexterity and skill subjected the detracted material as elements of affinity and endowed them with life and mind as an intelligent observer and interpreter, bringing to our minds the \vords of St. John when be said, "In the beginning was the Word, and the Word was with God, and the Word was God."

Our minds and explanations are not limited or contented with a short version of the material aspects of the canyon alone, which, in a se.nse, the scene is only a prototype or design portraying the spectacu­lar stage of action within which the activities of reality was an acquire­men t of necessity.

'l'he alluring broad bands Qf opulent colors and varying tints ex­t ending from the tops of the canyon to their lowest depth are an explanatory features as to the dramatic actions of the material ele-

LXIX-531

ments while perpetuating in strict obedience to the God commanding .spiritual forces.

There is a reverential and awe-inspiring signitic.ance on the mind of every ·human being as he gazes upon the immensity of the canyons whereby we may know the elementary principles constituting our bodies were detracted participating parts of our river systems and made available as an acquirement of an ethical law which abides with us throughout all life and is the soul after death.

PE~SONALITIES

From this geographical field of exploration we come out into the open and stand before the bar of human judgment, realizing that no one lives unto himself alone; consequently, our action .and behavior must function within the bounds of justice and fair play. These thoughts bring us into the open field of personalities, where we all stand on an equality to judge and be judged. Each has his own definite and distinct qualitications, known best to himself only, and it is only through an impartial trial and inquiry that we are cor­rectly rated and classitied as an acceptance in our choice of duty.

Our thoughts as compiled by the pen are in evidence as the worst that is in use, for there is a deduction to be made from much of our radical aggression, which in all is not a part of our own. I have writ­ten much, perhaps too much, but it is · original-it is the outburst of a smoldering fire star ted and known to certain Congressmen more than 10 years ago.

From the nature and importance of these questions and my long enduring patience, I feel I am acting quite within my rights without being condemned or classified as a weakling, a crank, a bewildered hybrid acting without forethought or an object of purpose or without an ethical or ethnological anchorage.

I am not in the tield as a fraud or an impostor or a shiftless non­producing entity to beg and subject myself to the grievance of my fellow men while I continue with a normal mind and a will and physical ability to put into dt>sign and carry on a desired -purpose of a worth­while effort.

Neither is it ruy desire to spend the remaining days of my life fighting an army of disguised atheists or other seltish aspirants sa>king whom they may devour through a silent intolerant attitude of dogmatism and illiteracy, thus forcing one to apvear as a subject of sympathy and an object of pity. We may be censured, condemned, and burned at the stake or run through the saw, but we will never retract or deny what we know to be the works of God.

While my object of purpose was to confine my thoughts wholly to geographical conclusions, I find myself continually diverging from the subject into the tield of personalities where conduct and behavior is a demonstrating feature now on trial through the entire world-where personalities are tried, condemned, and booked as an artificial barom­eter and a "Fox" in the field of honest endeavors. Thus as a matter of consequence we reason and compile our thoughts from far-reaching conclusions quite apart from the subject of the text.

But inasmuch as all of the material constituting the earth's stratas were re>ersed upon deposition our thoughts are not entirely out of harmony with nature when we diverge from the subject and write the first as last and the last as first. Thus we contin~e on with our lines crossed in this unfashionable way in order to obtain the right focus for a correct understanding and a revelation of the divine truth. •

CREATION

The creation of the world and that of the universe was a precon­ceived plan of a master mind as a place of abode to the awakening activities of all prevailing life and the soul of man as a predominating feature in control of the entire kingdom.

As the beginning of time and the extension of space is not within our scope of vision or computation, we can only interest and concern ourselves from the beginning of the earth and that of the planetary system of our universe which carries us back into a period of time when all material matter was an ever acting composition resolved under a mind-commanding force which we call God.

In all of our computation relative to the myriads of living species and their diverging difference of composition which, continuing on in the same definite proportions under normal ~conditions, we thus have a perfect right to feature the human family, who with a creative mind of his own, as a specitic creature akin to God and created in His image.

Owing to perplexing problems of a personal nature and of a serious lingering consequence, it is only recently that I have gone over my former preface with an object of making some deductions and molding it into a short introduction suitable to the work, but as an amateur in the field of composition the finis' of the subject seemed to be an acquirement of an additional thought rather than that of subtraction ; thus, as a matter of consequence, I made a few revisions and continued on with the discourse in the way of least resistance and now without further apology or comment, this concludes my text. '

WHEELER W. MOORE,

Rttshville, nl.

'•

8426 CONGRESSIONAL RECORD-HOUSE MAY 11

PERMISSION TO ADD&ESS THE HOUSE

Mr. MEAD. 1\lr. Speaker, I ask unanimous consent to ad­dress th~ House for five minutes.

The SPEAKER. The gentleman from New York asks unanimous consent to address the House for five minutes. Is there objection?

There was no objection. NO QUORUM-cALL OF THE HOUSE

1\Ir. RANKIN. Mr. Speaker, I think we ought to have a full membership of the House here, and anyway I am going to make a point of order. I make the point of order that there .is no quorum present. .

The SPEAKER. The gentleman from Mississippi makes the point of order that there is no quorum present. Evidently there is no quorum pre ent. ·

Mr. TILSON: Mr. Speaker, I move a call of the House. A call of the House was ordered. The SPEAKER. The Doorkeeper will close the doors, the

Sergeant at Arms will notify the absentees, and the Clerk will call the roll.

The Clerk called the roll, and the following Members failed to answer to their names: ·

[Roll No. 77] .Andt·ew Davenport Johnson, Wash. Anthony Davey Kendall Arentz Dempsey Kerr Beck, Pa. Dickstein Kiess Beedy Dougla.s, Ariz. Knutson Berger Douglass, Mass. Kunz Black. Tex. Drane Larsen Blanton Eaton Leatherwood Bloom Englebright Letts Boies Fish Lyon Bowling Fisher McFadden Brigham Free Menges Britten French Michaelson Bulwinkle Frothingham Monust Burdick Gambrill Nelson, Wis. Burton Garrett, Tenn. Newton Bushong Gflsque Oldfield Butler Gitiord Oliver, N.Y. Campbell Golder Palmer Canfield Goldsborough Porter Carley Graham Purnell Cat·ss Gl'eenwood Romjue Casey Haugen Sabath Connally. Tex. Hogg Sears, Fla. Cramton Hudspeth Sear , Nebr. Curry Igoe Sinnott

Sirovich Smith Stalker Stedman Strother Sullivan Tillman Tucker Underwood Updike Vestal Vinson, Ga. Weller Welsh, Pa. White, Colo. White, Kans. Whitehead Williamson Wingo Winter Wood · Woodrum Wurzbach Yon

The SPEAKER pro tempore. Three hundred and twenty­eight Members have answered to their names, a quorum.

Mr. TILSON. 1\!r. Speaker, I move that further proceedings be dispensed with.

The n_:~.otion was agreed to. PERMISSION 'IO .ADDRESS THE HOUSE

Mr. ALl\lON. Mr. Speaker, I ask unanimous consent to speak for 15 minutes to-morrow morning after the reading of the Journal and the disposal of routine business on the Speaker's table.

The SPEAKER pro tempore. I s there objection to the request of the gentleman frwn Alabama?

Mr. CLARKE. Reserving the right to object, Mr. Speaker, on what subject? -

Mr. ALMON. It is on a very important piece of legislation pending before this Congress, of very great national interest.

The SPEAKER pro tempore. Is there objection to the request of tlle gentleman from Alabama?

There was no objection. THE SHOOTING OF JACOB H. HANSON

The SPEAKER pro tempore. Under the unanimous-consent agreement the gentleman f:~,:om New York [l\Ir. MEAD] is recog­nized for five minutes.

Mr. MEAD. Mr. Speaker, it is my desire to announce to the House that on Sunday morning last the secretary of the Niagara Falls Elks Lodge, Jacob H. Hanson, while returning to his home from a fraternal mission, was held up on the public high­way, his automobile riddled with bullets and himself shot through the right temple, blinding both of his eyes, fracturing his skull, the bullet lodging in the back of his head, by members of the United States Coast Guard, disguised in the garb of bandits and highwaymen. These men waited for him on a hill which has sharp curves where it is difficult to make . peed. When this splendid citizen of Niagara Falls came along, driving alone in his automobile, these men pounced upon him and shot him, perhaps, fatally. To-day he is lying between life and death in St. Mary's Hospital in Niagara Falls an innocent victim of the agents of the Government of his country.

I tell you, my friend~, that local feeling in the Niagara dis­trict runs high. l\lass meetings are now being held, and while the citizens ·on the Niagara frontier are as patriotic and as law-

abiding as are the citizens of any other part of the country, these Federal officers, unless they are demobilized, unless they are prohibited from the promiscuous use of guns and gun play, it will be difficult for them to enforce the 1aw. Respect for their calling is at a very low ebb, and some prompt and defin.ite action must be taken on the part of our Federal officials, and at once.

It is my purpose to introduce a resolution in the House at once calling for immediate congressional action. I am going to insist that those in charge of the Coast Guard of this country, in keeping with the time-honored traditions of that splendid branch of the Federal service, drive from its personnel the e thugs and gunmen who go about the country disguised in the. uniform of Federal officials unnecessarily molesting our people. We are all in favor of the enforcement of the law and of the Constitution, but we desire to voice our strenuous protest against the tactics pursued ·by these men ; tactics which permit them to cover the real object of their calling with the uniform of the Coast Guard, hidden, in .the darkness of night and acting like gunmen and bandits shooting our citizens down on the highway.

This almo t fatal accident did not occur on the International Bridge or on the ferry leading into the United States from the Dominion of Canada; it occur~ed on an inland road in ·America, where every citizen should be protected by both Federal and local officer , rather than to be shot down in the murderous way in which this plendid officer of a lodge of this great fraternal order was cut down while returning from his mission of merc)r.

Mr. O'CONNOR of New York. Mr. Speaker, will the gentle­man yield?

Mr. MEAD. Of course, I yield to my colleague. Mr. O'CONNOR of New Yot:k. Is it not a fact that, rather

than putting those men out of the Federal service, their superiors protect them and lend no aid to the prosecuting officer. but circumvent justice in every way possible? Is not that the situation.

Mr. MEAD. That is exactly the situation in this ca e, I will say to my friend. The local authorities took immediate action, but the Federal officials rushed forward men to take and seclude them from the local authorities. My friends, such occurrences are doing more to bring law into disrepute aud contempt than any other force that I recall in this country. These alleged enforcement officers are lower and have more evil in their hearts than the veJ;y bootleggers whom they are supposed to be seeking.

Mr. O'CONNELL. Mr. Speaker, will the gentleman yield? _ Mr. MEAD. Yes. I gladly yield to my colleague.

Me. O'CONNELL: Thi~:~ speech of my colleague from New York is a most damning ind~ctment. It is a repetition of what we are hearing from all sections of the country. In the .­effort to enforce an unpopular law those whooe duty it is to see that the law is enforced haYe, as my friend so aptly said, engaged the services of men who have no !egard for the rights, or even the lives, of our citizens or their property. I ask the gentleman from New York, whose speech has electrified the membership of the House, if it is not a fact that, judging from these ruthless murders all over our country, the . men who are expected to protec-t our citizens are in many cases pe.rsons of questionable character ,.,.·ho should never be associated with positious of ·uch responsibility and authority?

Mr. MEAD. Yes, sir. The gentleman states the exact fact, and I thank him for the interruption. This is not a party question. It is a human question, and in the name of humanity I come to you, my colleagues, for immediate action. [Ap­plause.]

Mr. RAINEY. Mr. Speaker, I ask unanimous consent that the gentleman from New York may have two additional minutes in order that I -may ask him a question.

The SPEAKER pro tempore. The gentleman from Illinois asks unanimous consent that the gentleman from New York may proceed for two additional minutes. Is there objection?

There was no objection. Mr. RAINEY. I simply want to ask the gentleman from New

York whether he is familiar with the case of Perle S. Thomas, of Florida, who a few months ago was murdered on a public road under exactly the same circumstances? When the officers were indicted for murder they were defended by attorneys sent by the Attorney General of the United States and they also employed a local attorney at a high fee to defend them. The jury found the officers guilty of murder and one was sentenced to death. and now the Federal Government is still further de­fending tho e murderers by appealing the case to the. upper court.

Mr. MEAD. I am indebted to the gentleman for suggesting ·a parallel case.

Mr. WYANT. Will the gentleman yield?

1928 CONGRESSIONAL RECORD-HOUSE .8427 Mr. MEAD. I yield to the gentleman. l\.Ir. WYANT. Do I understand that these two men were

Coast Guard men dressed in overalls? Mr. MEAD. That is correct. Mr. WYANT. I am advised that this occurred at 3 o'clock in

the morning and that the car was full of liquor-is that correct? Mr. MEAD. It certainly is not correct. There was absolutely

no liquor in the car. There was a meeting of the lodge of Elks at Tonawanda and this officer ·of the lodge in Niagara Falls attended that meeting. It was a large meeting and in order to accommodate several friends he took them from Tonawanda to Lewiston, quite a distance from his own home, and be was returning to Niagara Falls when this brutal attack upon him occurred, but there was no liquor whatever in the car. [Applause.]

The SPEAKER pro tempore (l\lr. Tn.soN). The time of the gentleman from New York has again expired.

Mr. l\.IEAD. Mr. Speaker, I ask unanimous consent to revise and extend my remarks.

The SPEAKER pro tempore. The gentleman from New York ask. unanimous consent to revise and extend his remarks. Is there objection?

There was no objection. Mr. MEAD. Under permi sion to extend my remarks I here­

.with print a statement furnished to me by Hon. HENRY T. RAINEY, Member of Congress, Illinois, as to the mUI'der of Perle S. Thomas, of Fort Pierce, Fla.:

MURDER OF PERLE S. THOMAS

Perle S. Thomas, of Fort Pierce, Fla., was a traveling salesman for the Loose-Wiles Biscuit Co. He was a peaceful, inoffensive citizen, living with his wife and children and supporting them out of the wages he received as a traveling salesman. On the night of the 4th of Feb­ruary, 1927, he was driving h{)me in his car to spend the following day, Sunday, with his family in Fort Pierce. About 4 miles south of Fort Pierce, in a lonely spot on the road, he was commanded to halt. A short time prior to that, while traveling over this same road and returning to his family at the end of his week's work he was stopped at about this same point on the road and assaulted by two drunken me~. When the order came to him to halt he speeded up his car, think­ing that he was again to be assaulted. The men who commanded him to halt were United States immigration officers, employed by the Bureau of Immigration at Washington. When be failed to stop, the officers got in a high-powered car, which they had parked by the roadside, and quickly overtook him and passed him. They stopped the car ahead of him, blocking the road, and he was compelled to stop. Wit.J:iout any ex­planation to him as to the reasons· for their attempt to sJop him, they fired into his car and killed h~. Soon afterwards the~ officials, six of them in number, were indicted by the grand jury of that county in Florida and were tried. Two of them were convicted of the crime of. murder in the second degree and were sentenced to the penitentiary in the State of Florida for life. One of them was found guilty of murder in the first degree and was sentenced to death by electrocution. The case was dismissed as to two of them, and the case against the remaining officer has not yet been finally disposed of. The Depart­ment of Justice, under the direction of the Attorney General of the United States, without any examination into the merits of the case, sent an Assistant Attorney General to Florida to defend the murderers. Under the direction of the Attorney General of the United States, a local attorney was employed, for a very large fee, to defend the mur­derers. An·angements have now been made by the . Department of Justice to appeal the case to the Supreme Court of Florida, and attorneys have been employed to exhaust every resource of the Federal (}Qvernment to overturn the verdict of the jury and to secure the acquittal of these ID'Urderers. ·

The estate of Perle S. Thomas bas been appraised, and the entire value of his estate is appraised at $200. Mob violence in Florida in this case bas been prevented only by transferring the murderers to a jail in another county. The relatives of Perle S. Thomas, of whom I am one, are contributing to a fund for the purpose of employing attor­neys to see that justice is done in this case and that proper punish­ment upon these murderers is inflicted. We have opposed to us all the resources of the Department of Justice of the United States.

It occurs to me that when murders are committed by officers of the United States it ought not to be within the province of the Depart­ment of Justice to defend the murderers. I have not the slightest doubt but that the entire resources of the Federal Department of Jus­tice will be exhausted in an attempt to save from proper punishment these Federal officials in New York who have been guilty of a similar crime. In such cases as the case of Perle Thomas, if there is any inter­ference at all on the part of the Department of Justice, I submit that it ought to be in the direction of seeing that justice is done and that murderers are propel'ly punished under the laws of the States where the murder is committed.

HENRY T. RAINEY,

C.APT. GEORGE R. .A.RMS'IRONG

Mr. MORIN. Mr. Speaker, I ask unanimous consent to take from the Speaker's table H. R. 4664, an act for the relief of Capt. George R. Armstrong, United States Army, retired, and agree to the Senate amendments.

The SPEAKER pro tempore. The gentleman from Pennsyl­vania asks unanimous consent to take from the Speaker's table H. R. .;1664, and agree to the Senate amendments. Is there ob­jection?

There was no objection. The SPEAKER pro tempore. The Cierk will report the bill

and the Senate amendments. The Clerk read the title of the bill. The Senate amendments were read. · The Senate amendments were agreed to.

PERMISSION TO ADDRESS THE HOUSE

Mr. CELLER. Mr. Speaker, I ask unanimous consent that after the reading of the Journal on Tuesday next I be per­mitted to address the Hou~e for 10 minutes.

The SPEAKER pro tempore. The gentleman from New York asks unanimous consent that after the reading of the Journal and the disposition of other matters on the Speaker's table on next Tuesday he be permitted to address the House for 10 minutes. Is there objection?

Mr. KETCHAM. Upon what subject? Mr. CEL~E~. Upon the subject of letting Army contracts. Mr. KETCHAM. The gentleman's remarks will have nothing

to do with the .question now under consideration? Mr. CELLER. No. The SPEAKER pro tempore. Is there objection? There was no objection.

THE SEP A..RATION OF .TURIES IN THE TRIAL OF FELONY OASE IN THE DISTRICT OF COLUMBIA.

Mr. BRAND of Georgia. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD on H. R. 12350, to regulate the separation of juries in felony cases in the District of Columbia.

The SPEAKER pro tempore. The gentleman from Georgia asks unaniinous consent to extend his remarks in the RECORD on the subject indicated by him. Is there objection?

There was no objection. Mr. BRAl"\TD of Georgia. 1.\Ir. Speaker, under unanimous con­

sent granted me, I call the attention of the House to the bill I introduced, known as H. R. 12350, entitled " To regulate .the separation of juries in the trial of felony cases in the District of Columbia," which was unanimously reported .by the Com­mittee on the District of Columbia with a recommendation that it do pass without amendment. And likewise to the 1·eport submitted on the bill by Judge GILBERT, a member of this com-mitte, which is as follows : -

The Committee on the District of Columbia, to whom ~as referred H. R. 12350, a bill to regulate the separation of juries in felony cases in the District of ~lumbia, having. considered the same, report thereon with a recommendation that it do pass without ·amendment.

First amendment prohibits separation of juries during the trial of capital cases, except the jury may be permitted to separate temporarily in cases of absolute necessity.

Second amendment prohibits separation of juries in the trial of felony cases less than capital unless counsel for the Government and the defendant consent for the jury to separate.

Information bas come to the committee that it bas been the prac­tice in the criminal courts of the District of Columbia, probably always in the trial of felony cases less than capital, and for several years in capital cases, to allow juries to separate during the trial of such cases.

The object of this bill is to put an end to such practice and to keep the jury together when trying a capital case, except the jury may be permitted to separate temporarily in cases of absolute necessity.

And likewise to keep the jury together when trying a felony case less than capital, though the bill provides the jury may be permitted to separate during the trial of such case if the attorney for the defend­ant and the Government consent

The common law which is in force in this district is mandatory on the part of trial judges not to permit the jury in the trial of a capital case to separate.

Under the common law the trial judge trying a felony case less than capital may, in his discretion, permit the separation of the jury, not­withstanding objections may be urged against separation by the Gov­ernment's counsel or counsel for the defendant.

The judges of the District of Columbia have in the majority of instances in the exercise of such discretion permitted juries in the trial of important felony cases to separate during the trial of tbe case. Authority to do this under this bill is still retained by the judge,

8428 CONGRESSIONAL RECORD-HOUSE }fAy 11-provided counsel for the Government and the defendant consent thereto, and not otherwise.

.A correct interpretation of the common law uniformly recognized in respect of the separation of a jury in the trial of a capital case is thus stated:

" In capital ca es, the jurors may be kept together by an officer and not allowed to separate from the time they are impaneled and sworn. It is not permissible to allow a separation even by the consent of, or at the request of, the defendant. This rule does not apply, however, to a temporary separation in cases of absolute necessity."

The rule of the common law in regard to felony cases not capital is thus interpreted:

" In felonies not capital, it is within the discretion of the trial court to determine whether or not the jurors may separate; but, where they are permitted to separate, the judge should admonish them not to hold convet·sations among themselves or with other persons, or allow other persons to talk with them concerning the case on trial."

Thet'e are no court recot·ds in any of the States, so far as can be ascertained, which show the practice of the judges of the States in the trial of important felony cases as to locking up or permitting the jury to separate, though it is generally understood that the practice is, and the committee thinks it is the proper prnctice, to keep the jury to­gether during the trial of such cases, unless counsel for the Govern­ment and the defendant consent for the jury to separate.

In the judgment of the committee, the rule in the trial of capital cases, which requires the jury to be kept together except in cases of pressing or absolute necessity, should never be relaxed; and that in the trial of important felony cases less than capital the jury should be kept together, unless counsel consent for them to separate.

The right of trial by jury bas always in England and in this country been considered of such vital importance to the security of the life, liberty, and property of the citizen that great care has been and should be taken to pre erve it unimpaired. That the person accused may have the full benefit of a judgment by his peer , it is absolutely neces­sary that the minds of the jurors should not have prejudged his case; that no impression should be made to operate on them, except what is derived from the testimony given in court, and that they should con­tinue impartial and unbiased.

In the opinion of the court, Chief Justice Gibson presiding, in the case of Pieffer v. The Commonwealth of Pennsylvania, being a murder case, decided in 1851, this excerpt appears :

" Even the forms and usages of the law conduce to justice ; but the common law, which forbids the separation of a jury in a capital case before they have been discharged, touches not matter of form but matter of ubstance. It is not too much to say that if it were abolished few influential culprits would be convicted and that few friendless ones, pur­sued by powerful prosecutors, would escape conviction. Jm·ors are as open to prejudice from persuasion as other men, and neither convenience nor economy ought· to be consulted in order to guard them against it. Let them have every comfort compatible with their duties; but let them not be exposed to the converse of those who might pervert their judgment.

"A juror is charged with a prisoner as soon as he has looked upon him and taken the oath. The trial has commenced, and the prisoner stands before him as one of his judges. In this case the jlli'y were allowed to separate after they were empaneled and sworn. True, that took place with the prisoner's consent; but there is right reason and sound sense in Chief Justice .Abbott's remark in Rex v. Wolfe that be ought not to be asked to consent. Who dare refuse to consent when the accommodation of those in whose hands are the issues of his life or death are involved in the question? He would have to calculate the chances of irritation from being annoyed on one hand or of tampering on the other."

The practice in the trial of capital cases in the different States of the Union in respect of separation of jul'ies pending trial of the case m.uy be divided into three groups:

First, those States where the judges don't permit ·Separation, except temporarily in cases of absolute necessity.

Second, those States where the judges do permit separation by con­sent of counsel for the defendant and the prosecution.

Third, those States where the lawmaking bodies thereof have vested in the trial judges discretionary authority to keep the juries together or to separate, which discretionary power is usually exercised against separation of a jury, particularly when requested to do so by counsel for State or defendant- ·

The practice in the triai of felony cases less than capital in the different States of the Union in respect of separation of juries pending trial of the case may likewise be divided into three groups:

First, those States where the judges don't allow separation in im­portant felony cases, except temporarily in cases of absolute nece sity.

Second, tho e States where by common or statutory law it is discre­tionary with the judges to allow the jury to separate or be kept together.

Third, those States where tbe judge do permit separation in im­portant felony cases by consent of counsel for the defendant and the prosecution.

It appears that in approximately 60 per cent of the felony cases tried in the States and Territories the trial judge does not permit separation of the jury except in emergency cases and then only tem­porarily; that in about 20 per cent of the cases in the States und Territories where trial judges have discretionary p~1wer in respect of the subject matter the trial judge permits sepauation upon his own initiative; and that in the remaining 20 per cent of the cases in the States and Territories where trial judges have such discre­tionary power, if objection is submitted by attorney for the defend­ant or prosecution, the trial judge does not permit separation.

It is no reply on the pal't of any judge, attorney, or juror to say if a jury has been tampered with, the per on doing so is guilty of and could be prosecuted for embracery, this offen e being an attempt. whether succes ful or not, to influence a jury corruptly to one ide by promises, persuasions, entreaties, money, entertainments, and the like. This offense is very difficult to prove. However, the committee can not believe that any trial judge of this District will entertain any objection to this bill for the reason that it relieves him of the embar­rassment of keeping a jury together, and of the great rcaponsillility of allowing a jury to separate.

Due to the fact that juries have been allowed to separate in the trial of important felony cases in the District of ColumlJia, the conviction haa been formed in the minds of many citizens that while it is an easy matter to convict defendants who are poor, unknown, and lead­ing obscure lives, it is a very difficult matter, even when the evidence demands a verdict of guilty, to convict men of great wealth and political influence, and especially is this true if the juries trying this class of persons are allowed to mix and mingle with the multitude and come in elbow touch with the lawless and criminally minded element, including the briber and the jury fixer.

OPIUM AND DRUG ADDICTION IN THE U ITED STATES

Mr. KINDRED. 1\!r. Speaker, I ask unanimou · consent to extend my remarks in the RECORD on drug addicts and drug addiction, a subject which is attracting very great attention in the country at this time.

The SPEAKER pro tempore. The gentleman from New York asks unanimous consent to extend his remarks in the RECORD in the manner indicated by him. Is there objection?

There was no objection_ Mr. KINDRED. l\!r_ Speaker, tmder special leave granted the

following is a statement made by me before the Judiciary Com­mittee of the House of Representatives, April 26, 1928, at the request of Hon_ STEPHEN G. PoRTER, who with myself has long been interested in the solution of the problem of opium and drug addiction in the United States:

STATEMENT OF HON. JOHN JOSEPH KI!\'DRED, A REPRESE:-ITA1'IVE IN

. CONGRESS FROM THE STATE OF NEW YOrtK

Mr_ KINDRED. l\Ir. Chairman and gentlemen of the committee, as a physician and legislator I am naturally interested in this very impor­tant question, more particularly because I have, as a specialist in mental and nervous di eases, in ho pital and private practice, in the city of New York for 40 years past had dit·ect and pet·sonal contact with the care and treatment of drug addicts.

Drug addicts, as a class, have certain characteristics, generally speak­ing, that are vet·y outstanding. In the fir t place, from the medical point of view, they are of what we call a -psychopathic make-up, not meaning by that term, speaking of this phase as an alieni t, that they are definitely insane or have an overt specific form of insanity. But they are in that class of human beings who belong to what we physi­cians know veiy definitely as a class who have p ychopatllic and neuropsychopathic tendencies.

l\Ir. SuMNERS of Texas. Do you mean that people of that sort are m•ore susceptible of becoming addicted, or made that by rea on of becoming addicts? Mr~ KINDRED- I mean that they are very susceptible because of tbis

make-up. They are more susceptible, and therefoL'e they are easily the prey of the environmental influences by which they may be sur­rounded. If I may illustrate it, just as a child born of parents who are both tubercular has a sh·oug tendency toward tubet·culosis, and which will develop in an unfavorable environment, so neuropathic per­sons are prone to develop drug addiction, especially in an unfavorable environment_

There are various other physical characteristics of this class to which I am not going to refer in greatet· detail, becau e there are so many large phases of this large question which should be presented to the committee and to the public as a matter of education.

The treatment of this cia s can be ummed up in a few words which would be indicated to me by the ymptoms, which, however, would be the m'inot· part of the treatment. Fundamentally the treatment must be founded not only on the environment, not only on the essential features of environment, but th re must · be the power to detain tbe addict while he or sbe is being treated. That bl'ings up the discussion of the various laws, and the defective laws in the various States and the defective Federal laws, too, in this respect. They will invariably

1928 CONGRESS! ON AL RECORD-HOUSE 8429 break away during treatment, although they may commit themselves voluntarily, as they can in the States of Connecticut and New York, by simply signing a slip of paper, and they can under certain conditions be committed by the courts of record in the State of New York; but the greatest need in the treatment of nearly all narcotics in this coun­try is a uniform law which would legally detain them while under treatment and provide a proper environment during and after treatment.

Now, as to the important matter of the period of treatment and the result of treatment. We treat patients in private institutions, and, of course, I have naturally seen a great deal of that class of patients treated in private institutions, because I own two such institutions which tteat them, and also in the public institutions, and agreeable results can be obtained, both physically and mentally, in restoring stamina and will power all within four weeks, but the fundamental point about this is that while I have seen a celebrated actress gain 30 pounds in 30 days, a hopeless addict to narcotics-and I knew another very interesting case of a druggist under my tre.atment in a private institution who took daily 240 grains of sulphate of morphine and 60 grains of the alkaloid cocaine over a period of years, and while they both were pictures of despair physically, mentally, and morally­they fully recovered, showing the extent to which narcotic addicts can go toward being wrecks and still be restored. This brings me to the important question as to how long the restoration or cure will last. Such treatment is from a medical standpoint seemingly successful, the patient is "cured,". his bodily health is restored, his mental condition has been restored, but the will and moral fiber is not restored. But there -have been " vicious circles" established in the cerebrospinal system-that is the best explanation we ha>e, and, perhaps. it is no explanation at all, and all drug addicts are apt to relapse.

The modern theory is that there develops in the body of the narcotic who has been addicted to drugs for some time abnormal or chemical or other substances as the result of their .addiction. I think there is little or no scientific proof to bear that out.

I wish here to refer to Lawrence Kolb, who has for many years been a surgeon in the United States Public Health Service, and to introduce into the record an article by him, ".A. clinical contribution to drug addiction."

I had a conference with Doctor Kolb yesterday at my office, and I wish to introduce into the record his and other nonsensational, definite, and reliable findings on this whole subject, ·particularly by the Public Health Service and by other reliable State and Federal agencies, because there has been, .as there is in regard to any disease which has proven the opprobrium of medicine, so much fallacy, so much quackery, and so much misunderstanding, so much cruel defrauding of the victims

·who have already victimized themselves in the field of the treatment of drug addiction.

Doctor Kolb's contribution will be found at the end of my statement. Even reputable or so-called reputable physicians have used, in my

opinion, disreputable methods in the treatment and the so-called curt! of this unfortunate class, because they misunderstood the cause and nature of the disease, drug addiction, or because they were commercial.

Now, as to the period of treatment which will restore. I believe the result of observation, not only in the private hospitals but with the opportunity of observing during the period of Mayor .John Purroy Mitchel's administration, in the penitentiary and workhouse of the city of New York-I found as a matter of fact from personal"experience and observation bearing on the question, which the chief of police of the city of Pittsburgh bas brought out-that while some few of them will commit felonies, the most of them are misdemeanors, and will require for successful treatment a period of from one to two years.

Mr. DYER. I regret that the committee will have to discontinue the hearing at the present time.

Mr. KDIDRED. May I place in the record such matters as I think fit? Mr. DYER. You may. . [The matter referred to is here inserted in the record in full as

follows:] I wish to emphasize, however, that while drug addicts, even the

most chronic and unfavorable cases addicted to the use daily, for many years, of large quantities of habit-forming drugs, can, in a compara­tively few weeks, have the drug completely withdrawn with compara­tively little discomfort or suffering (and are apparently restored to their normal condition, mentally, physically, and morally), they are not " cured " in the sense of having their stability restored as against the temptations of again taking habit-forming drugs and having a relapse. To reestablish even the partly normal stabilization of such addicts 1:equires, in most cases, medical and environmental treatment over a period f1~om one, two, to even three years, meaning that they should be under actual legal detention, if necessary, during such period Of time. This particularly applies to the large class of addicts DOW

under treatment in custodial institutions. This large class, because of inherent psychopathic make-up, already referred to, who have been committed by the courts either for medical treatment or in connection with criminal charges, constitute, at present, a very large percentage of

· aU the drug addicts in the United States. Many of t})is class belong to tpe so-called underworld and include a large number of chronic

addicts who have undergone treatment and relapsed one or many times. In their number are included those who have been convicted one or many times of misdemeanors and in some cases of felonies. This class also includes, particularly among young male addicts, some of the most dangerous criminals who at times commit revolting and dangerous murders and holdups and similar crimes.

It is not to be concluded, h9wever, that all this group of drug addicts are utterly degenerate and lacking in a desire to be restored from a condition of mental and physical suffering_ About 20 per cent of them apply voluntarily for treatment and are very much in earnest in their desire to be restored, and a certain small percentage of them can be restored.

As stated, uniform laws, similar to those existing tn Connecticut and New York State, should he enacted in every State of the Union and by the United States to permit the legal detention of this whole group of addicts. The constitutions of the several States would not permit addicts from these States to be legally detained outside of these States or in a Federal institution.

As a result of the enactment of the Harrison antinarcotic law, chronic drug addicts seen in private medical practice have unquestion­ably steadily dimini bed, not only as a result of a fairly efficient en­forcement of this law but also as a result of the educational propa­ganda which bas been incident to the publicity given to the enforce­ment of the law and to the subject of the dangers of drug addiction. The psychological or mental make-up of this smaller group of -addicts is different from the average psychopathic make-up of the larger group usually sentenced by courts of record to penal or charitable institu­tions, either for the purpose of medical treatment or because of criminal offenses committed by them.

It should be clearly understood that while the cases of drug addic­tion among the so-called better and noncriminal classes of our popula­tion constitute a small per cent of this whole group, yet serious cases of drug addiction are found in all classes of society-the poor, the rich, the old, the young, the chaste and good, as well as among the under­world-and while allowing for the different effects of a different en­vironment in which these may live, the characteristics of all classes of drug addicts, ... botb physical, mental, and moral, are somewhat similar, though some cases exist among the so~alled better classes, who do not belong to the psychopathic make-up, and many of these should receive proper medical treatment, if possible, outside of public institutions, and without the publicity of legal commitment, provided such legal detention is not absolutely necessary.

EARLY ORIGIN OF DRUG ADDICT10~

Opium addiction, as will be pointed out in the following references, is of somewhat ancient origin and bas been very extensive in India and some of the oriental countries, but the addiction to morphine and other drugs, in English-speaking countries at least, did not exist to any great extent until the perfection by Magendie of the hypodermic syringe and a solution of morphine known by this physician's name, and some of the first cases reported of hypodermic injection of morphine, which has proven to be the most injurious form of drug addiction, was re­ported in this country in 1864. Drug addiction increased som what rapidly during the first few decades after this date, and rapidly grew to such proportions as to attract much attention and the evil was recog­nized as alarmingly extensive until the enactment by the Federal Congress of the Harrison narcotic law in 1914.

While this alarming ituation existed for some years after the en­actment of that law, reaching a number in the United States variously estimated at from 110,000 to 1 ,000,000 at its peak, the evil has -rapidly diminished since that period until now it is estimated that there are approximately between 110,000 and 150,000 drug addicts in the United States, according to the United States Public Health Service reports.

NATURE .AND CAUSES OF DRUG ADDICTION

'l'he -nature of drug addiction and the characteristics of drug addicts are well set forth in the preceding excellent contribution of Dr. Law­rence Kolb, assistant surgeon in the United States Public Health Service, already referred to.

HABIT

Habit in the use of a drug is a result, primarily, of the psycho­neurotic make-up in neal'ly all cases, and also a result of toxic diathesis produced by a more or less prolonged use of tile drug. The repeated use of a habit-forming drug, even over a period of days or weeks, will

. result inevitably in the demand for a continued and constant use of the drug, and even tbe most stable person and finest of physiques will ultimately succumb to a continued administration of narcotic drugs for a more or less prolonged period, according to the temperament of the person taking the drug.

Habit in the use of a drug is a symptom ; the prolonged use of the drug causes a definite disease a·nd habit is a result and accompaniment of disease.

H.A.BIT-FORMI~G DRUGS

Narcotic drugs really mean any of the several habit-forming drugs­partlcularltf the types known as the chief alkaloids derived from

8430 CONGRESSIONAL RECORD-HOUSE ]\{Ay 11

opium, morphine, cocaine, and heroin-and also the alkaloids from the Erytlwoa:yZu1n coca, known as cocnine ; and also chloral and hasheesh, and even, in a broader sense, alc-oholic drinks, the catfeine in coffee, theine in tea, and nicotine in tobacco smoked in any form. But morphine, cocaine, heroin, and othel' derivatives of opium-laudanum, paregoric, etc.-and cocaine are usually referred to as habit-forming drugs.

Certainly strong alcoholic drinks and certain synthetic drugs and coal-tar derivatives, and even tobacco, and coffee, and tea are habit­forming drugs if taken to any great excess; but the effect of these, while often causing functional and other diseases requiring medical treatment, are not included in our consideration of addiction to narcotic drugs here discussed.

In order to more fully appreciate the several elements involved in the modern medical treatment and management of drug addicts, we must take into consideration the nature of drug addiction with respect to its constituting both a habit and disease.

About 75 per cent of persons met with in private practice addicted to the drug habit have unfortunately contracted the habit as a result of taking drugs through the careless administration of narcotic drugs by physicians for various painful conditions.

PATHOLOGY OR ABNORMAL FINDINGS

The morbid histology (anatomical changes) in cases of drug ad­diction-excepting, possibly, those far-advanced chronic cases who have reached the point of gross mental changes-are not to be found either by the microscope or clinical laboratory. . The only structural changes that have been demonstrated under these conditions are possibly some changes in the blood, and these do not differ from those in other renemic conditions. There is little basis for the foundation of the theory that a morbid chemical or other morbid material is formed in the blood as a result of even the prolonged addiction of opium or other habit-forming drugs. The essential pathology of narcotic-drug addiction or disease is, however, a toxemia or a toxemia of drugs, which not only makes a profound impression on the intestinal tract and other bodily functions and organs but also produces an unfavorable autosuggestion on the drug addict.

SYMPTOMS

The symptoms exhibited by drug addicts under the influence of and after t'he withdrawal of drug addiction are numerous and parthogno­monic and should be recognized easily by physicians trained in this specialty, and especially is this true of addiction to the derivatives of opium. The symptoms incident to the withdrawal or the taking away, without scientific or huma.nitarian treatment of the drug, from drug addicts form one of the most tragic pictures incident to drug addiction. Under such conditions drug addicts suffer unthinkable torture and will commit almost any act to secure the drug of addiction. This suggests one of the most important phases in consideration of d1·ug addiction; that is, scientific and humane treatment. PROG~OSIS OR PREDICTION AS TO WHE'l'HER DRUG ADDICTS WILL RELAPSE

It is difficult to predict in advance of treatment what percentage of drug addicts will recover permanently and not have a relapse after treatment. The number who will so recover and remain well and stable through the remainder of their lives is estimated from 10 to 20 per cent, and this small percentage is particularly applicable to the greater group who have an unmistakable psychopathic make-up.

TREATMEN'r

The treatment of drug addiction has been, from an ethical medical standpoint, one of the opprobria of medicine, and at times has been in the bands of unscrupulous and sensational physicians a.nd quacks and commercialists of the worst type. From what has already been stated as to the origin and nature of drug addiction it will be seen that drug addiction is not a mere vice or merely a ensuous indulgence, but that it is a disease and it must be treated as a disease.

It has already been emphasized that environment is one of the most important factors in trea.tment, and it is believed that the en­vironment proposed to be provided by the bill I introduced in the House of Representatives March 30, 1928, and the Porter bill under considera­tion, providing for the establishment of narcotic farms by the Federal Government, with ideal hospital and farm and other environment and the removal of all suggestion of prison life and appearance of penal institutions, will provide the factors absolutely necessary in the suc­cessful treatment of nearly the whole group of criminal addicts.

Without going into the extensive details of medical t.I·eatment and management of each patient, it may be sta ted that there are certain general lines of medical treatment now accepted by the most expe­rienced physicians in this specialty. The general medical treatment is based on considerations of proper diet, of moderate but not extreme elimination in the initial part of the treatment, and on the administra­tion of the proper drugs. The most success ful tt·eatment is the use of hydrobromate of hyoscine over a period of about 72 hours, during which the patient must be constantly watched by a physician and trained nurs€'S to guard against any possible accidents in the use of this drug for this period. Thet·e are many physiological and psychological reasons to prove that the use of hyoscine as a substitute for the drug or addic-

tion over the period of time mentioned, particularly as a substitute for morphine and derivatives of opium, is the most successful modern treat­ment, provided there are no contraindications because of heart, kidney, or other serious defects. It is particularly point€d out that the smallest possible doses of hyoscine to keep the patient under its influence shouid be used over the period mentioned and that other proper and supporting medication and diet should be employed, and that the patient should have a competent nurse and physician present every moment during the period mentioned. Even very old persons can be cured, painlessly, of the morphine habit by this and other methods now employed by competent trained physicians, but a sharp lookout must be kept for symptoms of possible collapse.

Various other sedative and supporting drugs are employed. As bas been stated, the chief factor in the general treatment of dru""

addicts is environment. The proper environment i absolutely necessary, and the roo t unfavorable environment possible is the environment of prisons and charitable institutions in which addicts are at present con­fined. In order to provide this important factor of environment in treat­ment, each of the respective States should enact humane and proper laws, already indicated, and provide separate institutions of the farm-hospital type, such as the type provided for in the Kindred and Porter bills for the proper caTe of drug addicts. There should, of course, be provided an necessary facilities and equipment for the medical and scientific treat­ment of these definitely diseased persons, which should provide especial hydrotherapy or water cure, approved occupational thet·apy, as well as proper work on the farm, garden, etc., and such· institutions should be under the strict control of physicians and nurses of scientific expe­rience and proven humanitarian character.

AFTER TREATMENT

Just as there is now a universal recognition of the necessity of after treatment for the insane who have recovered, so there should be provided by the · Federal Government and by the various States clinics for after treatment of drug addicts who have made a recovery or partial recovery.

· Each of the respective States should provide either a separate farm-hospital 'or an annex to existinJ; hospitals or farms for the spe­cial treatment of drug addicts, with the special facilities already referred to.

Clinics should be provid~d, under the supervision of honest and com­petent physicians, at convenient points .in each State, where proper and sympathetic after treatment could be given to drug addicts who have been treated or who have recovered from their drug-addiction disease. In this connection it is pointed out that an amendment to the IIarri on narcotic law should be adopted by Congress which would permit the administration of habit-forming drugs, now prohibited by that law, to certain chronic and hopeless drug addicts who can live in comparative comfort and pursue their occupations at home, but this should be done only under the strictest supervi ·ion of Federal and State medical authorities and under honest supervision. There are many chronic addicts who could never be permanently cured who could be made self-supporting and self-respecting and comparatively useful to their families and to the community by such a change in the law.

PREVE~'.flO~ OF DRCG ADDICTION

As in <lther unwholesome and vicious habits, tendencies, and certain diseases, education, particularly of the young, in a limited and unsen­sational way in schools as well as of the adult classes, is the most efl'ective way to prevent the extension of the drug habit. While warn­ing should be given to children and adults, it should not be done in such sensational ways as have been employed by certain lurid methods in recent years by some fanatics and propagandists. The school and text books on physiology and care of mind and body should have proper information and warning in this particular, but should in no sense be so sensational as to attract attention of the susceptible to morbid habits, which otherwise would attract no attention from normal children and adults. Any such propaganda as is now being · waged in some quarters is not helpful, but, on the contrary, is distinctly dis­advantageous in reducing drug addiction and helping the victims of drug addiction or the public.

The international agreements and arbitmtion to abandon the pro­duction of poppy and Erythroxylum coca and the manufacture of de­rivatives from these, to be later referred to, except for absolutely medicinal purposes, should be fostered and consummated as early as possible; and to this end the United tate Government should lend its great influence in a more persistent and active manner than it bas done in the past, both in cooperation with the League of Nn tions and through any other medium of international agreement and arbitration. It must be recognized as a result of experien ce and common sense and as a matter of sad history that as long as the sources of habit-forming drugs are not stopped, so long will there be smuggling and illegal dis tribution and bootlegging sales of habit-forming drugs.

Tbere no doubt exists national and intet·national organizations of bootleggers and " dope peddlers," who constitute the most shameless and cruel criminals, who prey upon the weakness of those hopelessly ad· dieted to drugs, and also vigilantly watch every opportunity to pul

1928 CONGRESS! ON AL RECORD-HOUSE 8431 temptation into the way of those who have had the drug removed by medical treatment and who desire to keep away from the drug habit.

What Pinel, the celebrated French physician and humanitarian, did for the insane about 100 years ago in removing the shackles of those chained in pl'isons and asylums and initiating enlightened sympathetic treatment, which has resulted in a new era in the treatment of the. unfortunate insane, should be oone in the United States and in the world to-day for drug addicts. The fact should be recognized that drug addiction in most cases exists like insanitay because of the psycho­neurotic make-up and instability of the victjms of drug addiction. Cer­tainly the confirmed drug addict is of neuropathic or psychoneuratic disposition. It is agreed by all · authorities that the confirmed drug addict is certainly of neuropathic or psychopathic make-up.

There have been some advanced steps, both in the United States and in the world, in the interest of this unfortunate class. One of the most advanced steps in the attempt to control drug addiction and the sale and distribution crf habit-forming drugs in the United States was the Harrison antlnarcotic law enacted by the United States Congress 1n 1914.

Other steps to conti·ol the curse of drug addiction in the world at large was initiated in the proposal to stop or limit the production at their source of the opium poppy plant (Papaver somniferum), from which all the forms of opium are obtained, and also to stop and limit the production of the ErythrotDylum coca plant, from which cocaine .and other medicinal derivatives are obtained. Some of the steps · in this connection are given in an extract from an address I delivered on this subject, as follows :

THE GROWTH OF THE POPPY PLANT AND OPIUM TRADE

" The history of the commercialized h·ade in the products of the plant called the ' white poppy' is a long and disgraceful one.

"While the growth of the poppy plant, particularly the white poppy, which grows chiefly in Turkey, Persia, India, and China, extends back in the early days, antedating so-called civilization, international traffic in opium and other products of this plant did not assume a really serious international aspect until the period from 1856 to 1907, during which period China was deluged with opium and its people cursed with the opium habit.

"In 1907, however, public opinion of the leading nations, particu­larly public opinion in the United States, exerted such pressure that China and Great Britain entered into an agreement covering a period of 10 years by which China agreed to reduce the area under poppy cul­tivation 10 per cent each year. Contrary to general belief both China­drug sodden as she was-and Great Britain faithfully lived up to this agreement until its expiration, .April, 1917, when China was again officially free.

"The entering into and carrying out of this agreement by China proved an honest desire on the part of the Chinese to rid themselves of the opium curse, but it did not mean a moral change on the part of the British-India Government, which, while it was by public opinion com­pelled, for a time at least, to give up the opium trade in China, did not fail to seek other outlets and markets for the dwindling opium trade.

"About the year 1917 the opium business suddenly underwent a change by reason of the greater facility '\'\'itb which morphine, one of the chief alkaloids of opium, could be handled and shipped by methods prohibited in the case of the transportation of the more bulky opium itself.

" Great Britain, through the British-Indian Government, bas been responsible for the production and distribution annually, as shown by official reports for 191~19, of 721 tons of provision opium-the sales taking place at Calcutta monthly at public auction-which is the form of opium sent out of India, to pass into the bands of private firms and corporations to be shipped to Europe, America, or elsewhere and made into mo:J:phine, codeine, heroin, or other alkaloids of opium and distrib­uted legally or illegally throughout the world. This enormous quantity of provision opium does not take into consideration the 532 tons of excise opium produced in India for consumption in India, the Straits Settlements, Hong Kong, and the British Crown colonies and dependen-cies where the opium trade is established by law. .

"Official reports of the British-Indian Government show that during the past two years the acreage devoted to the cultivation of the white poppy has increased by 20,000 acres.

"Persia produces hundreds of tons of opium from a white poppy very rich in opium, and China, since the termination of the agreement already referred to with Great Biitain in 1917, has in self-defense to protect herself against smuggled opium, greatly increased the acreage under cultivation in the white poppy and is now producing annually many hundreds of tons of opium.

" The Indian Government has a system of selling off to the highest bi<lder the privilege once a year of establishing as many opium-taking shops and smoking rooms as the h·affi.c will bear, this privilege or monopoly being known as the opium farm.

"Once a month, at public auction at Gbazipier in India, the excise opium, already referred to, is sold at public auction to supply the wants of drug users, where it is purchased as freely as cigarettes. The British-Indian Government also increased opium-smoking rooms where it

may be smoked on the premises to the ·number of 17,000. These, be­cause fees and the excise tax on the public sales of opium and similar excise. fees imposed by the British-Indian Government in its control of the production and sale of opium and the control of opium shops, form a considerable part of Indian reyenue.

"During the years 1918---19, according to official reports, the receipts of opium-consumed in India and not exported-increased 63 per cent.

"In the Straits Settlements and in British North Borneo and Sar-a­nak, and in some of the unfederated Malay States and in Mesopotamia, all under British control, the revenue from such licensing forms from 45 to 50 per cent of the total revenue.

TRAFFIC IN AND SlllUGGLING OF OPIUM AND NARCOTIC DRUGS

" The age-long traffic, legal and illegal, in opium and narcotic drugs has been the means of millions of dollars in profits to the traffickers and of untold suffering and misery to millions of people all over the world, who have in many cases, through no fault of their own, been the victims of this traffic.

"During the httter part of the period 1907-1917, covered by the agreeme.J;~t between Great Britain and China, for the reduction and final suppression of the British opium trade with China, when Great Britain's opium trade with China had so dwindled that she needed to find other outlets for her hellish ti·affic and other markets had to be found-there being no intention to abolish it-and when the official or legal shipment to China had to be stopped, the superior possibilities of morphine and the chief alkaloid or active principle of opium were shiPped to China and other oriental countries from Great Britain and also from the United States and from certain South American and other countries, whose wholesale drug firms found it profitable to engage in this nefarious smuggling trade to Japan and other countriM who act as go-betweens in this business.

"It is also true that a large quantity of this same morphine finds its way back to the United States. It is claimed on good authority that the enormous quantity of 28 tons of morphine was in this way smuggled into China over the protests and earnest efforts on the part of the governing and respoosible Chinese people, who have so long and honestly opposed the opium curse among coolie and other classes of these people. If, as is the fact, China is now cultivating the white poppy and manufacturing it into opium, they are not producing it in competition with the Tientsin treaty terms but in competition with this smuggling. ·

"The British-India Government, being alive to pocketing every pos­sible penny from the monopoly of the opium trade, has seen· the possi­bility of the manufacture of morphine in a remote country, free f~om the operation of any law or pressure of healthy public sentiment, and is now making not only provision for opium export, but is also manu­facturing morphine, and, according to the Blue Book issued in 1922, the manufacture of morphine and other alkaloids, which was carried on with "skill and enterprise," according to the report mentioned, with the importation of modern ice-making machines into India. However, it is in fairness admitted that since, under orders from the Government of India, all shipments of alkaloids have been stopped and the manu­facturers told that it would be necessary to find other markets.

"In 1919-20 . the Blue Book (Appendix IX) shows that at the government opium factory dt Ghazipur, India, large quantities of mor­Phine and other alkaloids of opium were manufactured a11d sold, both in and outside of India.

"The gigantic, systematized smuggling has been the means of send­ing into China and the United States 28 tons of morphine and other habit-forming drugs annually for the past several years. With this spirit of evading that moral law that should constitute the policy of a nation in all matters relating to the health and well-being of its citi­zens, it would be easy for the morphine manufacturers and h·affickers of Great Britain and the United States and the other countries intel'­ested in this traffic--even if these countries accepted the laws and treaties now proposed to stop the manufacture and shipments out of these countries-to invest their capital in some remote country for the Purpose of manufacturing the alkaloids of opium in · a country which refused to be bound by treaties now being negotiated to suppress this traffic as long as the white poppy is grown in any counh·y beyond reasonable medical and scientific needs. An American or British firm could, for instance, establish a morphine factory in I\Iexico or Brazil, or in some other conven,ient and complaisant country, and thus carry on the trade, and this will probably happen if necessary to the success of the enormous capital invested in this trade as long as there shall be an enormous output of opium to be disposed of.

· " I as a physician and ]fember of the House of Representatives will earnestly endeavor to cooperate with those who, during the present­Sixty-eighth-Congress, are working to secure the enactment of a law that will more strictly prohibit the· bringing of cocaine and opium into the United States for illegal purposes and the manufacturing of the latter into morphine and other alkaloids for reshipment into other countries. But, as stated, even if such a law is enacted, and even if ·we ean secure the more efficient enforcement of the existing Harrison narcotic drug Jaw and ·other existing Federal and State laws, we can not stop or lessen the activities at the national and international syndi-

8432 CONGRESSIONAL RECORD-HOUSE ~{A_y 11 cates and monopolies engaged in the illicit manufacture and sale of opium and narcotic dl'Ugs, with unbelievable facilities for increasing their output and its distribution at enormous profits through monopolies and smuggling, unless there can be speedily brought about an inter­national cooperation embracing all the leading commercial nations, and particularly all the white-poppy-producing nations-India, Persia, and China-in order to limit the cultivation of the- poppy and the conse­quent production of opium. This suggestion is made here in full realiza­tion of the difficulties in the way of the only effectual method to rid the world of the opium curse. It is made, however, with confidence in its practicability and that the proposal, not by any means new, will be finally accepted, especially i.f the enlightened public opinion of the United States and Great Britain, so sensitive to such great reforms as are here involved, can be sufficiently impressed and stirred.

"This awkward public opinion, however, came from the United States, or at least started here. We are in position now to make our opinions and desires felt more than ever before, as all Europe is looking to us for guidance and help. If that great class of British opiniou which always responus to such a cause could only have the facts forced upon their attention, not in a sporadic way but by consistent and active propaganda from this country in a spirit of good will and co­operation, we should certainly promptly get results.

"The British governing classes and certain capitalistic classes in­terested in the trade constitute the powerful influences which keep up this monopoly traffic, although probably more than 90 per cent of the British citizens are unaware of what their Government is doing in this respect and would instantly oppose the tL·a.ffic and aid us in a successful crusade, if they and the English newspapers could be stirred to a full sense of their duty in such a world movement. But if ceL·tain countries, ·or practically all the countries, J;llaking or receiving opium shipments are not included in this arrangement, or fail to make and carry out adequate laws, the whole plan must fail. If any small South American country, for instance, refused to limit imports and its gov­ernment falsely certified that it required a hundred more tons " for medical and scientific purposes," this would ,provide the necessary loop­bole that would cause failure of the whole plan, as the entire output of India or other opium-producing countries could go to that countt·y to be manufactured into morphine and other alkaloids and smuggled out again into each or all the countries which had accepted the pro­posed treaty and passed appropriate laws prohibiting or regulating the sale of opium preparations.

"'l'be United States has in the past, and will in the fu.ture, most certainly stand in the front ranks of the countLies favoring such effec­tive action and control as will, by concerted world action, abolish or limit the drug traffic. Under an agreement proposed, each country wiH agree to import only o much opium as would meet its own medical requirements, to be disposed of wholly within its own boundaries, and subject to proper legal safeguards. Reshipments, exportation in bond, and other subterfuges that are not now illegal and make possible mor­phine traffic with China and other countries, chiefly Japan, would by such concert of action be stopped and the demand for the products of the white poppy of India, Persia, and other fields lessened. A large public sentiment in this country and a smaller sentiment in Great Britain and other countries have initiated moveme:gts to bring about this pro­posed abolition or lessening of this widespread evil, as is illustrated in the effects of the opium section of the League of Nations, their efforts being chiefly a reiteration of the principles of The Hague opium convention of 1914, by which most of the · great countries of the world agree to restrict the importation, sale, and distribution of narcotic drugs by uniform and comprehensive national and international legis­lation.

"America advocated and signed The Hague convention of 1914. Even if the opium section of the League of Nations and the different con­ferences that have been held, both with and without the sanction of the league, and particularly including The Hague conference, those at the more recent conferences at Geneva, and the latter conferences this summer at Lausanne, should- ~ead to a satisfactory agreement, the Cmwn colonies and dependencies of Great llritain not coming under the jm·isdiction of the league could continue, as in the case of India and the Straits Settlements, where the opium trade is legally established, to produce the poppies, opium, and morphine, and with bases like the Straits Settlements and Hong Kong and certain ports in Africa, uti­lizable either as markets or points of departure for smugglers, tpus nullify all international effort and intelligent world opinion. Ilere again the home Government of Great Britain could easily and abso­lutely dominate the situation by keeping them outside the league on the ground that the opium question is a domestic one, and she will probably succeed in this effort unless pu\.Jlic opinion is strongly and promptly arou eel. The most effective way in which this could be brought to bear is for all leaders of public opinion, both in the United States and in Great Britain, who are aware of the situation to commence at once and continue, in ea on and out of season, to start intelligent propa­ganda in both these countries and continue our efforts until the responsi­bility is squarely placed where it belongs-up to ·the British home Governm9nt.

"All these and many other facts bearing on the absolute commerciali­zation of opium to these helpless subjects of the British Empire, who have little voice in the management of themselves or their public affairs, constitute a terrible indictment of Great Britain and its adminis­tration of the sacred trusts imposed upon an imperial government. In ~his connection I quote from Elllen La Motte's excellent article in the Atlantic Monthly for June, 1922 :

"'This makes us pause and wonder what is happening in those rather inundated territories in the great German colonies in Africa acquired by Grec1.t Britain since the war. Is the opium trade bein~ established there likewise? -rt is not a pleasant reflection to think that by our assistance in winning the war we have placed something like 1,()00,000 square miles at the disposal of the British Empire, consi ·ting largely of British people, unfit for self-government, yet fit to become customers of the British opium monopoly. Unfortunately, there is nothing in Great Britain's past or pt·esent history to make such an assumption unlikely.'

" China, realizing how un peakably she and her people were injured by it, has for decades protested against this curse of the importation of British opium and fought and lost two wars in an unsuccessful effort to protect herself. After she was defeated in the second war she was compelled to sign the treaty of Tientsin in 1856, by the terms of which she was compelled to purchase as much opium as British traders might wish to bring in.

" It was subsequent to 1856 that China began to raise poppies on a large scale in order to protect herself against Indian opium forced upon her by the British Government, and to prevent her money from thus being dmined out of the country.

"Notwithstanding this system of victimizing these helple s peoples for the sake of revenue by the British-Indian Government, for which the British home Government is directly respon.sible, the home govern­ment takes, very successfully, great precautions to prevent the illicit use of opium and narcotic drugs at home. In Great Britain's self-gov­erning Dominions-Canada, Australia, and New Z aland-tbe opium tt·ade is not only not established by law, but is prohibiteu effectively.

"In this connection it is interesting to note that the consumption of opium per capita in the United States is 36 grains, as compared with 1 grain in Italy, 2 grains in Germany, and 3 for France.

" Why this enormous consumption of opium and narcotic drugs in the United States? Reasons for this and the medical, legislative, and sociological remedies will be considered later in connection with the discussion of the gigantic systematized national and internationa l boot­legging and smuggling of opium and narcotic drugs into the United States and other countries.

" It is estimated that the full requirements of physicians' pre­scriptions (medical opium and its preparations) for all legitimate purposes in the United States and all the Americas would not be more than 1 ton of opium. Allowing 1 ton for all Europe and 1 ton for Asia for all legitimate medical purposes, it will be readily een bow enormously out of proportion is the present opium production already referred to, including 741 tons of pmvisional opium and 532 tons of excise opium produced in British India alone, in addition to large quantities produced in Persia, China, ~d other countries.

"In other words, it is a conservative statement to say that 1,270 tons of opium are produced in India alone, by consent of the British Government, over and above what is required for medical and scien­tific purposes, for the sake of commercial gain and human destruction. How widespread this human destruction is because of opium and nar­cotic drugs has been graphically told during the late years by not only imaginative writers but by the cold, prosaic records in the criminal courts and hospitals and insane asylums of our country, in the North, East, South, and West, as well as in the unwritten tragedies of many private homes of ric-? and poor alike.

NECESSITY OF AN ORGANIZED FIGHT AGAINST ARCOTICS

"We, as physicians and humanitarians and citizens, are not only deeply concerned as to this big and serious problem as it affects per­sons in the United States addicted to the use of opium and habit­forming narcotic drugs but we are vitally interested also in stirring up public opinion against the unspeakable crime of the governments responsible for directly encouraging and licensing, for purely com­mercial purposes, the growth of the white poppy and the sale and distribution of these drugs to the enormous extent mentioned, not only among the Chinese, Hindoos, and other orientals but among our own citizens.

"We should earnestly, 1n an organized way, give expression to opposition to this traffic at home and in the Orient, where it has been excused on many absurd grounds, such as " the oriental is not hurt by opium." Any trained physician or intelligent layman who has seen the baleful effects of opium and drug addiction among the natives of India and China and the Chinese in New York City, San Francisco, and some other large cities, knows how preposterous and unfounded such an excuse is."

The Senate and House of RepreSC'ntatives passed House Joint Reso­lution No. 453 during the last session, Sixty-seventh Congress, which joint resolution 1·equested the P1·esident to u1·ge upon the governments of

1928 CONGRESS! ON AL RECOR.D-HOUSE 8433 certain nations the immediate necessity of limiting the production of habit-forming narcotic drugs and the raw materials from which they are made to the amount actually required for strictly medicinal and scientific purposes. In conformity with this congressional resolution, a commission was appointed by the President to represent the United States in a consultative capacity at a meeting of the advisory com­mittee on traffic in opium of the League of Nations held May 24, 1923, at Geneva, Switzerland.

Hon. Stephen G. Porter, chairman of the Committee on Foreign Affairs of the House of Representatives and a member and spokesman of this commission, stated in part at this meeting as to the attitude of this country:

"The United States trusts that the principles set forth in the foregoing congressional re olution will commend themselves to the powers who are parties to The Hague opium convention.

"The United States suggests, therefore, that the committee adopt the principles set forth and embody them in its report and recommenda­tions as the basis upon which effective international cooperation can be expected.

" As a concrete expression of these principles, so far as concerns opium and its derivatives, the following propositions are submitted to the opium advisory committee in the earnest hope that they will be agreed to and their adoption recommended to the council and assembly of the League of Nations, in order that the doubts, if any, which now exists as to the true intent and meaning of The Hague opium conven­tion shall be permanently removed.

"1. If the purpose of The Hague opium convention is to be achieved according to its spirit and true intent, it must be recognized that the llile of opium products for other than medicinal and scientific purposes is an abuse and not legitimate.

"2. In order to prevent the abuse of these products it is necessary to exercise the control of the production of raw opium in such a manner that there will be no surplus available for nonmedicinal and nonscien­tific purposes."

Right Rev. Charles H. Brent, bishop of western New York, another member and able spokesman for this commission, said i.n part:

"The United States for its own part, and without any attempt at self-justification, that for the period between 1915 and 1921 much was left to be desired in the character and administration of her legis­lation in r estraint of narcotics, especially as touching export. The Harrison Narcotic Act of December 14, 1914, inadequate by itself, was reinforced by the Jones-Miller Act of 1922. To-day our House is in order legislatively, and progressively so administratively."

President Roosevelt on O~tober 14, 1907, called an internation!'l-1 €ommission, which met in Shanghai, China, in 1909, to make a similar investigation of the opium traffic and -to suggest means for its prevention or limitation ; President Wilson in his message to Congress on April 21, 1913, sai.d that this action on the part of President Roosevelt "initiated the world-wide movement toward" the abolition of the traffic in habit-forming drugs.

President Taft on September 1, 1909, proposed an international conference at ·The Hague to give international effect and sanction to the resolutions of the Shanghai opium commission, which resulted in the adoption of The Hague opium convention of 1912 by the powers assembled, which is in full force and effect between the nations which have ratified it. .

The original convention delegated certain administrative functions to the Netherlands Government (thereby constituting that Government an agent for the execution of the treaty). That Government called two conferences in 1913 and 1914 to consider problem'S growing out of the execution of the convention.

Certain powers who had participated in these conventions vested in the League of Nations thP. agency or duty of executing the conven­tion by h·eaty, dated June 28, 1923, article 23 of which provided as follows:

"That in accordance with the provisions of international conven­tions existing or hereafter to be agreed upon, the members of the ieague will intrust the league with the general supervision over the execution of agreements with regard to the traffic in opiums and other dangerous drugs."

Inasmuch as the United States did not enter the League of Nations, it is only by international cooperation that the suppression of the world-wide traffic in habit-forming narcotic drugs can be accomplished and that the United States Government can be bound; and it follows that the United States in its present status with relation to the League of Nations can only participate in the proceedings of the League of Nations in this matter in a consultative capacity.

The United States, of course, is bound by The Hague convention equally with other governments to work toward this end, and therefore accepted an invitation from the committee of the League of Nations charged with limiting the traffic in habit-forming narcotic drugs to cooperate with it in the execution of the proposed treaty between all the nations producing or trafficking in habit-forming narcotic drugs.

In this capacity the United States, through the commission ap­pointed by President Harding, already referred to. agreed that the United States construction of The Hague opium convention was that

expressed in Public Resolution No. 96, Sixty-seventh Congress, already referred to, and that any other construction would render the treaty ineffective and of no practical value. In other words, i.f the purpose of The Hague convention is to be achieved according to its spirit and true intent, it must be recognized that the use of opium products for other than scientific and legitimate purposes is an abuse and not legitimate.

In order to prevent the abuse of these products, it is necessary to exercise the control of the production of raw opium in such a manner that there will be no surplus available for nonmedicinal and non­scientific purposes.

It was further decided at the conferences mentioned that two inter­national conferences should be called in the latter part of the year 1924 to agree upon a plan to enforce the proposed treaty in accordance with said construction and interpretation, bearing in mind that the gradual suppression of the traffic in and use of prepared opium is not yet accom­plished, particularly because of reservations that have been noted by certain powers-Great Britain, France, Germany, the Netherlands, Japan, British India, and Siam-in regard to prepared opium. · To the end that these further conferences may be held and to meet

the expenses incident to the participation of the United States in them, a joint resolution was introduced in the House of Representatives by the Committee on Foreign Affairs February 20, 1924, asking that $40,000 be appropriated and authorized for this purpose.

I append below a bill introduc~d by me to provide for a mode1n Federal narcotic hospital and farm to be located in New York State:

H. R. 12575, Seventieth Congress, fir t session A bill providing for a Federal and narcotic hospital to be located in the

State of New York Be it enacted, etc., That there be located in the State of New York

a Federal and narcotic hospital prison in order to provide for Federal prisoners and to r elieve the overcrowded prisons of the State of New York now caring for Federal prisoners ; said location to be selected -by the department of the United States Government having charge and control of Federal prisoners, and to be administered by them. Plans and location to be approved by the Supervising Architect of the Treas­ury Department of the United States.

SEc. 2. Said hospital must have accommodations for at least 2,500 pt·isoners, in addition to quarters for a sufficient number of officials, at a cost of not exceeding $5,000,000. This amount to include the purchase of 200 or more acres pf land suitable for occupational farm­ing and gardening by the inmates of said prison, and providing further for all necessary m<>dern prison equipment and hospital and occupa­tional facilities for the modern care and treatment of prisoners ad­dicted to the use of narcotic or habit-forming drugs or substances ; and providing further that such facilities for care and treatment shall be made available also to such narcotic habitues who may be committed to such Federal prison or narcotic hospital by any competent court of record of the State of New York, on such terms and conditions as to payment for such care and treatment as may be agreed upon by the proper officials of the United States Government and of the State of New York.

Doctor Kolb's statement is as follows: CLINICAL CONTRIBUTION TO DRUG ADDICTION-THE STRUGGLE FOR CGRE

AND THE CONSCIOUS REASONS FOR RELA.PSE

(By Lawrence Kolb, M. D., Surgeon United States Public Health Service, Hygienic Laboratory, Washington, D. C.)

The facility with which " cured " addicts relapse is one of the most strikingly observed phenomena about drug addiction, and it is also largely responsible for the low esteem in which addicts in general are held. Prison physicians, police magistrates, judges, and others inter­ested in law enforcement see a procession of healthy-looking addicts return to them time after time, and physicians who treat addicts in hospitals and sanitariums know that most of those who now come to them are repeaters.

Relapse is much more common to-day than f.ormerly. There are two reasons for this: Recently adopted narcotic-control measures have been much more effective in preventing the addiction of stable normal per­sons than of unstable psychopathic persons, and the coercive features of narcotic laws have already forced the cure of the more hopeful of the curable cases. In other words, it is chiefly those who by nature are more predisposed to relapse who now become addicted, and the more curable of the older cases have in the main been cured, leaving to be treated a class of addicts which is peculiarly liable to relapse. However, the relapse of cured addicts has always been very frequent; but relapse has not been so frequent nor has permanent cure of addicts been so difficult as is commonly supposed. The widely prevalent mis­conception about the difficulty of permanently curing drug addiction is traceable to two factors: (1) As a rule drug addicts as well as their physicians conceal the addiction as long as it is possible to do so, consequently the addiction of cured cases is seldom heard of before cure is effected, and is never mentioned afterwards; (2) the ·r epeated treatments of so many relapsing cases make a one-sided impression on

8434 CONGRESSIONAL RECORD-HOUSE 1\{Ay 11 the uninformed and unreflective Iilind. By a study of the subject we

-llave been led to believe that there are thousands of cured addicts in the United States to-day, and if we class as former addicts all of those persons wh<l after several weeks of opiate medication suffered for a few days with mild withdt·awal symptoms-such as restlessness, insomnia. and overactivity of certain glandular functions-the number of cured addicts must exceed those who remain uncured.

The conclusions of this paper are based on a study of 210 addicts, embracing all clas es of society, from successful professi()nal men to habitual criminals. They had relapsed a variable number of times ranging from 1 to 20. The duration of abstinence from narcotics varied from 3 days to 10 years, but each addict included in this series of cases had abstained at least once for as long as 14 days. Nearly all of them had been off the drug at one time or another for three months or more, and the majority bad experienced periods of abstinence

· for as long as six months. Abstinence w~s enfor.ced in many in-stances, due to confinement in prison for violations of narcotic laws, but all except a few ()f the prison cases had sought treatment and voluntarily abstained either before or after their prison terms. The first 'Voluntary abstinence was likely to last longer than subsequent ()Des. .As a rule the time would shorten with each attempt at cure until finally there would be nothing but fruitless efforts at treatment with no abstinence at all.

The idea is widely held that opiates bring about a state of moral perversity that renders addicts' indifferent to cure and therefore liable to relapse, or that in many cases these drugs produce some physical change that makes their continued use necessary and the impulse to return to them irresistible. It seems plain, however, that induced moral perversity has nothin·g to do with it and that physical dependence upon opium, though important, is, except in rare cases of prolonged addiction, only temporary and is second in importance to psychological factors in bringing about relapse to the drug.

It has long been r ecognized by students of the subject that the addict is generally abnormal from the nervous standpoint before he· acquires the habit, while some, like Block (1), assert that normal per­sons never become habitues. It is probable that Block does not class as habih1es persons who because of certain painful conditions are necessarily addicted in the treatment of them. If his assertion allows for this exception and is limited in application to countries which, ~ike the United States, have laws that protect people from the consequences of their own ignorance, its accuracy is supported by my own findings. .Ninety-one per cent of this group and 86 per cent of a group reported elsewhere (2) by me deviated from the normal in their personalities before they became addicted,

The fact that becomes so clear upon the study of cases-that most addicts are in the beginning abnormal-is in the viewpoint of many persons obscured by the more obvious fact that the habitual use of opium creates in any type of persons a temporary physical dependence upon it. This dependence, being the most striking thing, is often erro­neously thought to be the most important, if not the only important, cause of addiction and frequent relapse. The passage within recent years of laws making it a penal offense to possess or sell narcotics and the consequent arrest of numerous addicts who for ingrained mental

· reasons take narcotics but who !or social reasons blame the narcotics themselves and complain about the physical discomfort of treatment that is so often forced on them, has served still further to concentrate attention upon the less important factor of physical dependence.

A ~tudy of these 210 cases has shown that psychic causes produced their peculiar susceptibility to opiates and cocaine and that the cause for relapse was primarily the same seductive mental influence that was responsible for the original addiction. This primary psychic factor was reinforced later on by memory associations and habit and by the in­duced physical dependence that gradually developed. The memory associations and habit were in part created by the physical dependence. The primary psychic factor remained fairly stable throughout the entire period of addiction, whereas the other three factors increased in intensity with the passage of time and brought about a gradual change in the relative importance of the vat·ious factors . The force of physical dependence increased more rapidly than the other two variable fact"ors. In persons who had been addicted for no more than a year the primary psychic factor was almost solely responsible for relapse in those who had abstained from the drugs for as much as 14 days and the importance of physical dependence was insignificant. In those who had been addicted for 15 years or more the force of physical dependence equaled, if it did not exceed, the primary psychic factor as a cause of the relapses that occurred during the first few months aftet· tt·eatment with complete withdrawal of the drug. The importance of physical dependence as a cause for relapse increased more rapidly in neurotic patients than in tho e who were considered to be normal. It was so impot·tant in some cases of long-standing addiction of nervous persons as to preclude the possibility of recovery by any means except enforced confinement over long periods of time. ATTITUDE OF ADDICTS TOWARD THEIR ADDICTION AND TOWARD TREATMENT

An understanding of the attitude of addicts toward their addiction ,and their real motives for seeking cure adds much to our knowledge

of why treatment of them so often fails. Some relapsing addicts have always regarded their addiction as beneficial rather than harmful to them. This class is extremely rare. Others, much more numerous, feel that, having progressed to their present state, they would be better off if left alone aud no effort were made to cure them. The former accept treatment only under physical restraint and relapse as soon as they regain their liberty. The latter seek treatment only be­cause ()f the urging of friends, the difficulty of maintaining themselves as addicts or because of their fear of the law. Their efforts .are half­hearted and they usually relapse promptly, because the unfavorable state of mind into which they have slumped is further accentuated by the mental depression and physical discomforts incident to the early period of abstinence. The hope for cure in these cases is to keep them away from the drug until they learn that they are not dependent upon it, and until their realization of this, together with their improved social and physical condition, brings about a change in their mental attitude toward the whole situation.

The relapsing addict who bas given up the struggle for cure and only attempts it half-heartedly thinks he is very much misunderstood and abused. This is especially true of those who have served prison sen­tences for possession of narcotics. Some of them frankly say, " If I were left alone and allowed to have drugs I could work," and many of them feel that they would be better citizens than they are if the law and their friends would accept their addiction as final and neces­sary. Many others who denounce the peddlers who sell them drugs and reproach themselves for buying them and bringing tbemsel ves to their present pass plainly show, when their confidence is gained, that their denunciation of the peddlers and themselves is a thinly disguised outlet for the resentment they feel toward the forces that interfere with their normal inclination.

The relatively tolerant attitude that society bas toward chronic drunkards, a more trouble ome and dangerous type of individual, fur­nishes the complaining addict with bitter reflections that expose his real feelings about his own habit. The attitude to which they object is reflected even in the air of superiority that some drunkards assume toward them. One of these in a ward with three addicts who wet·e intellectually, morally, and industrially superior to him looked with contempt upon them and said to the writer, " I used to take that stuff but was cured 25 years ago. My doctor said when I stopped I would drink, and I have been doing it ever since." He was a repeater in tbe alcoholic ward and had been arrested often !or drunkenness. The addicts observe that patients like this who are arrested while drinking and disturbing the peace are commonly given small fines or a few days in jail for disorderly conduct, even though they are found in possession of liquor in violation of the law, whereas drug users are liable to be searched for narcotics while going peacefully about their business and given a year or more in the penitentiary if any is found on them. Discrimination such as this causes resentment in those seeking for an excuse to continue their addiction. They consider it to be unjust and pose as martyrs to their weakness or ideals of personal liberty. " We are much better than these drunkards· but are not given half the con­sideration" is a n observation that many of them make. They fail to see that justice as administered by law is often an abstract thing, depending upon social customs to which all members ot society must conform if they would be acceptable in it.

Most persons who become addicted to opium or its preparations through medical means become alarmed as soon as they become aware of their dependence upon the drug and adopt strenuous methods, if necessary, to throw off the habit. This is easily done in the beginning; those who fail have phy ical diseases that make the use of the drug desirable or necessary at cel'tain times, or they have psychopathic traits that render them e pecially susceptible (2) (3). The medical ca es that remain uncured belong to one of these classes. They are alway ashamed of their addiction, although they often defend it. Shame is a sentiment which affects even the deliberate di sipators ; and prac­tically all addicts, except the worst of the criminal psychopaths, would like to be cured. This is true even of those who have given up the struggle and who would spend the rest of theii· lives without giving a serious thought to another treatment but for the coercive measures that are brougb t to bear on them.

That this attitude of indifference to treatment is a late development is shown by the fact that of those who were addicted before the passage of the Hat·rison law, comprising 40 per cent of the total number of addicts in this series of cases, all but three had taken treatment at least once, and some had taken it several times before the law was passed. It is also significant of an earnest desire for cure that 20 per cent of the entire number bad at some time during their addiction careet·s voluntarily abstained from the drug and without assistance from physicians, hospitals, or prisons succeroed in breaking the habit. Many of these simply " lay around home and kicked it out" without telling member·s of the famlly the real cau.se of their discomfort. These suc­ces ful self-treatments occurred usually during the first two years fol­lowing the beginning of addiction but they sometimes occurred later, especially in patients who were addicted to cocaine and an opiate at the same time. One of the lat te1·, who had been addicted off and on

1928 CONGRESS! ON AL RECORlh-:-HOUSE 8435 for 20 years, got off the drug at home with very little discomfort and without any assistance whatever. One physician, after two years of addiction to morphine, repaired to the woods with a camping outfit and a servant and returned in three weeks cured. He relapsed two years later because of a painful illness and was cured 20 years after this because of the activity of narcotic agents.

Though the sincerity of addicts who seek cure is for the tt.me being beyond question, the motives which prompt many of them are funda­mentally inadequate and therefore usually ineffective.

The motive for cure in newly created addicts is the instinctive revolt they feel and the vague fears that arise when they find themselves victims of a habit that they can not control. They discover that they are in a situation that they have been taught to regard with contempt, and this creates the alarm above referred to. If cure is not immediately and permanently effected, the instinctive fears wane and later on are re­placed as motives for cure by well-defined fears of the law, by fear of ·social ostracism, OT financial dependence, and to a less ext~nt by fear of the physical harm that the drugs might do to them. The discomfort and physical depletion caused by inability to secure at all times an ade­quate supply of drugs has furnil>hed an added motive for cure to many of those who repeatedly relapse. These addicts after stn1ggling with the situation for a time seek treatment in disgust. Others, less sincere, seek it in desperation because they have no money whatever to buy the drug they need or because a successful raid by the authorities on peddlers has temporarily cut off their supply. A ' large proportion· of repeaters give as a reason for seeking cure that they have revolted against the idea of giving so much of their money to drug peddlers. An addict who in his motive for seeking cure illustrates the motives that prompt many others came home one winter night keyed up for the usual dose that had been delayed only to find that his wife, in a burst of indignation, had thrown his heroin away. The street cars being tied ·up because of a snowstorm, he walked to his peddler's, nearly 2 miles, through the snow and returned to find {hat for $2 he had bought an innocuous drug ; another trip brought the same result, and the third one failed to secure even an interview. In disgust be sought and accom­plished a cure, but relapsed in a few months. Four years later a short­age of drugs, following a wholesale arrest of peddlers, prompted him to be cured again. He has been drunk three times during the 12 months ·following this last treatment, but at present writing seems determined not to relapse to narcotics.

REASONS GIVEN FOR RELAPSE

The reasons the addicts gave to account for their relapses often did not furnish more than superficial evidence of the real cause, but tbere was a tendency to overemphasize the importance of physical symptoms. A large proportion of the psychopaths, who with full knowledge of

·.its danger had dissipated with an opiate until they became addicts, were unable to give any reason for the relapses that occurred during the first three years of their addiction. Many of them frankly said that they just started to take the drug again, and had no excuse to offer other than that they returned to their old environment. This same type of patient would after 8 or 10 years of addiction give weak­ness or discomfort as an additional reason for their later relapses. Some intelligent psychopaths said they returned to narcotics to get relief from the " blues " that followed certain difficulties. One highly unstable professional man brooded over the failure he had made of life because of narcotics and traced his :final relapse to this brooding.

The frankness of the psychopathic characters (2) ( 4) contrasted markedly with the evash~eness and self-pity of those who had frank neuroses and with the complaining attitude of certain tempermental cases. The physical necessity for narcotics loomed large in the minds of the latter. They seized upon any remembered discomfort as an excuse for relapse ; a healed wound, a leg broken 20 years ago, a mild hemorrhoidal tendency, an old cured neuritis, and other conditions from which they received no discomfort while taking an opiate were credited ·with causing pain when the. drug was withdrawn.

Ten per cent of the entire number of addicts in this series of cases got under the influence of liquor and took the first dose of narcotics while their inhibitions and judgment were lowered-but only a few 'of them blamed alcohol. Alcoholic dissipation was apParently a delib­erate first step in their relapse, taken in order to give them courage to throw their good resolutions overboard and return to opium.

The medical cases that were considered to be nervously normal attributed their early relapses to the return of the more or less pain­ful physical conditions for which they first took narcotics, and the later ones to this same cause or to weakness and inability to work when not taking the drug.

PHYSICAL REASONS FOR RELAPSE

Opium, unlike alcohol, does not cause, so far as known, any destruc­tion of tissue or permanent protoplasmic change. It does, however,

. bring about some very obvious functional changes. These result from the .efforts of the body cells to adjust themselves to a drug the normal effect of which is to inhibit cellular and glandular activity, so that

. when the adjustment is made the cells and organs, though bathed in the drug, perform most of their functions in a degree approximating

normality. This functional adjustment becomes strikingly evident when the drug after having been used continuously over a prolonged period is suddenly withdrawn. The inhibiting infiuence having been removed, there is an increased functional activity of practically all organs and tissues, and the nervous system, being suddenly relieved of a benumbing influence over which it has learned to record impressions with normal intensity, becomes hypersensitive. More numerous and more intense impressions are, therefore, sent by the tissues and organs to a nervous system, which because of its hypersensitiveness record them with magnified intensity. The net result is the withdrawal symp­toms, some of which are very distressing. Collapse, which sometimes occurs, is probably due to an excessive relaxation of vasomotor control due to sudden removal of the artificial chel:... under which the system has been functioning.

Nearly every addict in this series of cases discontinued one or more treatments upon which they had ventured before the opiate they had been taking was completely withdrawn or they returned to the drug a few days later. These abortive attempts are not classed as r elapses but failures of treatment. Such failures were due mainly to the acute physical symptoms accompanying withdrawal and to the unfavorable mental reaction resulting from them.

The various types of addicts reacted with ditrerent degrees of in­tensity of physical symptoms, the objective evidence of which was simi­lar. Intelligent persons with outstanding temperamental traits com­plained more than any others, the purely neurotic and the dull neurotic came next, while the psychopaths complained least of all.

The acuteness of the intellect of the temperamental persons ::tntl their natural disgust or distaste for disagreeable things caused them to exaggerate the importance of physical symptoms as it caused them to exaggerate the every-day trifles and inconviences of life out of all pro­portion to their significance. There may be some physical reason in addition to their natural sensitiveness why temperamental and neurotic addicts sutrered more than the others. In any event, it was observed that the complaints of normal persons under treatment were adequate to the situation, and the temperamental addicts who showed few ob­jective signs of suffering whined bitterly, while many of the psycho­paths who had made up their minas to undet·go treatment complained very little, even though they vomited, had dilated pupils, and showed other signs of distress. The temperamental addicts who gave up treat­ment before complete withdrawal was accomplished did so because of the discomfort which they were unwilling to endure, while the psycho­paths merely changed their minds. The depression t.hat resulted from the whole physical situation and the lack of the soothing effect of narcotics on their normal mental unrest gave them a different outlook on the world, and in tlils state they came to the conclusion that cure was not worth while. Some of them went through with the treatment, however, seemingly to save their faces; they remained in the hosnital until the acute physical suffering was over and then left for the purpose of getting narcotics.

Some of all types of addicts sought treatment with the reservation that cure was impossible. They naturally complained a great ·deal. An addicted dentist, formerly a drunkard, successful in his practice in spite of the time and money lost in taking 18 treatments, had himself committed to a State hospital for 8 of them, but carried in a supply of morphine on each occasion. He nevertheless came dutifully with his wife to me for an opinion as to whether he was curable. The nagging friends brings about this sort of insincere effort.

The acute symptoms that contributed so much toward failures of treatment had very little to do with relapses that occurred two weeks or more after the opiate had been withdrawn. Almost without excep· tion the early cases felt comfortable and began to gain weight before the end of this period, but slight insomnia and mild restlessness often persisted for several weeks longer, and in some there was an indefinite feeling, probably largely physical in nature, that something was missing. Many also experienced a greater fatigability than had been usual with them, but as a rule the early cases said that they had no physical desire or necessity for the drug within two weeks after it was With­drawn. In some instances this attitude was probably an expression of forced optimism. In any event, there was in many of these cases some slight physical reason for relapse for as long as two months. These reasons were not in any way compelling, but they added something to the various · factors that impelled the unstable to give up the struggle for cure.

The acute stages of glandular and nervous overfunctioning resulting f1·om the withdrawal of opium are also quickly over in long-standing cases of addiction, but in some of these it requires months of ab­stinence from the drug before all of the body functions return to normal. For the first few weeks after withdrawal of the drug these addicts, although they begin to gain in weight, may have occasional mHd pains in the legs and uncomfortable sensations in the abdomen. They a1·e very sensitive to cold, and the men at first suffer with excessive seminal emissions which they think weakens them. A feeling of languor and loss of " pep " is very common and many of them get discouraged because of it. If discharged from the hospital during this period the difficulties that they encounter on the outside accentUates their weak-

8436 CONGR.ESSION AL RECORD-HOUSE J\fAY 11 ness and discontent and prompts them to seek relief in drugs again. Yet many of the patients in this series passed through this critical peri~d outside of institutions and relapsed months later for reasons altogether foreign to the withdrawal symptoms. But in some of the long-standing cases, particularly among the more nervous, there re­mained fatigability, periodic diarrhea, palpitation of the heart, rest­lessness, and distressing insomnia. Complaints of lack of energy and undue fatigue were very frequent, and some who had been addicted 10 or more years claimed that this condition lasted for from six to nine months after cure and was the chief reason for their relapse. " I never had any ' pep ' until I took the drug again," was a common statement. Attempts to justify their relap e doubtless caused some to exaggerate tbe importance of this symptom, but it was so commonly complained of, and it bears such a close relation to other symptoms that could be explained by loss of vasomotor tone that it may be con· si<lered to be pt·eseut to a certain extent in a large proportion of cases. A feeling that they would "fly to pieces" was experienced by some of the more nervous types who were deprived of the drug after taking it 15 yea rs or more. In a few instances the nervous symptoms were so grave as to make a return to narcotics advisable. This is well illus­ti·ated in the two cases cited below :

Case 67: A civil engineer 65 years of age, widower, was given morphine for 10 weeks during an attack of rheumatism 35 years ago. lie did not become addicted then, but a short while later there was a r cUI·rence of pain, and a Chinaman showed him how to smoke. From that time to the present be has taken opium in one form or another, using as high as 20 grains of morphine per day. The patient's mother was addicted three years before his birth and remained addicted until her· death. She was hysterical. One of her brothers is described as being extremely wild, and the patient is said to resemble him. One of the patient's brothers was a drunkard and was killed in a gambling­house brawl. Other members of the family were normal, highly re­spected, and successful in a business and professional way. The patient was healthy as a boy, but bad several spasms from indigestion. He began to drink at college and drank heavily of a Saturday night up until the time he became addicted to opium, but never neglected his work. He , is now living on an income partly derived from an in­heritance and partly from the fruits of his own labor.

His emotions have been variable. At times he was extremely pessi­mistic and fearful of failure. He has always been afraid of lightning and of falling through windows when in high buildings ; and, though be has built many railroad bridges, could never cross one until it was fully completed.

Physically be has a large frame, but very small bands like a woman's ; otherwise there is normal male development. He is feeble but well nourished, and there are tremors of the hand and tongue, and he only leaves his room to go after opium. During the past 10 years he bas had a few fainting spells. His mind is apparently as acute as ever, and he passes his time reading Greek and Latin classics and amuses himself with mathematical problems. More than 40 years ago be studied medicine for a short period, but when examined was still able to name obscure muscles in different parts of the body.

There have been 20 different attempts at treatment and he actually got off the-drug for a period of three weeks six different times. The suffering was always intense, and after it was over there was ex­treme nervousness. Once, after a treatment in Antwerp, he started home immediately and had hysterical spells for two weeks. During the last week· of the voyage he calmed himself somewhat by drinking brandy after an abstinence from alcoholics for 19 years.

Following the last treatment taken several years ago he stayed away from the drug for three months, and was hysterical during the entire period; would laugh and cry without adequate cause, was not able to concentrate or talk coherently, could not wot·k mathematical prob­lems, suffered intensely with insomnia as was the case after each cure. He felt as if he would fly to pieces and as if he could break an iron ba-r in two. All these symptoms subsided immediately after he re­sumed the use of opium.

Case 84 : A physician, 61 years of age, began to take opium for se­vere periodic headaches. After about two years he became addicted. This was 33 years ago, and in 7 or 8 years he was taking 20 grains of morphine daily. ·

His maternal grandmother and an uncle were addicts. An aunt was addicted, but cured herself. His father was normal, but hls mother and three of her brothers have suffered severely with migraine. One of the patient's sisters has a psychosis. His three brothers were highly successful in the business world, but one of them, now dead, became an addict through having opium prescribed in the course of treatment for sprees. One of the patient's daughters is subject to headaches, but two others seem perfectly normal and have intelligence above the average. His two sons are doing well in business. The adiliction of members of his family never led to delinquency or impairment of busi­ness ability. The patient himself had a very open make-up, and apparently no nen·ousness. except that indicated by his periodic head­aches. He . contracted syphilis in 1900 from an obstetrical case, and now has some bony tertiary nodules and a suggestion of an involvement of the nervous system. He was emaciated and anemic when examined,

but had been operated on for appendicitis less than a month previously. He owns a farm and practices medicine, but in recent years has limited his practice largely to office work.

There were eight treatments in this case. Slx were successful iu that the drug was temporarily withdt·awn. Relapses occurred in from one day to two months. The r easons for relapses varied. In one case he left the hospital in such a weakened state that it was necessary to boost himself with opium in order to get home. In all cases he went to work immediately or within two weeks after returning to his home, but being somewhat weak and suffering with insomnia he found it necessary to resort to morphine again in order to keep going.

After a lapse of years the eighth and last treatment was undertaken several years ago, because the narcotic division insisted upon it. Fol­lowing three weeks in a sanitarium, he returned to his home, but was unable to work, so took a short vacation and then attempted practice. He felt well, but could not sleep, was restless, hyperactive, and busied himself very much. Among other things, he wanted to lecture and tell addicts how glad be felt over being cured. He says be had a spell of religion, and his wife, an intelligent woman, reports that he expressed himself as having just waked up. She says he was entirely changed, and people thought that he had lost his mind. In about a month he resumed the use or morphine, and in a few days calmed down. The entire family, including his wife, who urged him to take treatment, were glad to have him relapse this time. It is evident that this man had a hypomaniac attack due to withdrawal of the drug.

These two cases illustrate what happens to a greater or less degree in every case of a certain type of addict from whom opium is with­drawn. Both of them had a bad he_redity and a neurotic constitution. They might have been cured by proper treatment before the drug got such a hold upon them, but because of their original instability and lack of resistance they have insufficient reserve to withstand the re­moval of the inhibiting in.fiuence to which their nervous system had gradually become accustomed.

That the nervous manifestations following the withdrawal of opium are as a rule only temporary, even though the drug has been used for long periods, is shown by the fact that cases are cured after many years of continued addiction. In this series there are some physicians who were cured after 20 years and one after 40 years' indulgence, but there was nothing abnormal in their original make-up. The reason for their previous relapses was the lack of sufficient motive to impel them to neglect their work until the withdrawal symptoms had so far ubsided as to enable them to pursue it again. The narcotic division

by threatening prosecution provided them with the motive they needed. The 40-year addict was 65 years of age-be was slightly restless nt times, but in no way uncomfortable after nine months of ab tinence. Another physician not included in this series, because he never relapsed, took 25 grains of morphine daily for most of 18 years. On five differeut occasions he tried to treat himself at home by gradually reducing the drug, but failed because be would not give up his work in order to do it. Finally he took a cure through the urging of the narcotic inspec­tors. Insomnia was distressing for about two months and in addition there was for five months some painful bladder condition that be attrii:J­uted to the medicine given during the course of tt·eatment. He, how­ever, never thought of returning to morphine to relieve this condition and one year after the original tre11tment be was a perfect specimen of health. These two cases illustrate that for several months after the withdrawal of opium normal addicts do have some symptoms that could be used as an excuse to return to the drugs but that they do not do so when the motive for cure is greater than the motive for relapse.

The motive as well as the desire for cure in many abnormal persons is as great as in normal persons but the motive for relapse is so much greater that the cure motive is less likely to gain a permanent ascend­ancy over it. The motive for relapse is in some of its phases con­tinuous and is subject to exacerbation. This is why cet·tain unstable persons relapse months after all physical reasons for it have disapp :ared.

PSYCHIC REASONS GIVEN FOR RELAPSE

It has already been intimated that in most cases the fundamental basis for relapse is to be found in the faulty mental make-up of the individual addicts and that the cause for addiction and the cause for relapse are in their most important phases basically the same.

The unstable individuals who constitute the vast majority of addic ts in the United States may be div'ided into two general classes: Those having an inebriate type of per onality and those afflicted with other forms or nervous instability (2). The various types find relief in nar­cotics. The mechanism by which this is brought about differs in somo respects in the different types, but the motive that prompts them to take narcotics is in all cases essentially the same. The neurotic and psych'J­patb receive from narcotics a pleasurable sen e of relief from the realities of life that normal persons do not receive, becau. e lile is no special burden to them. '£lle first few doses, especially if lal'get· than the average medicinal doses, may cause nausea and other :;:ymptoms

- of discomfort, but in the unstable the1·e is also produced a feelin<> of peace and calm to which ~hey are not accustomed and which, because of its contrast with their usual re!';tless and dissatisfied state of mimi. is interpreted as pleasure. These people have in their normal slat~

1928 CONGRESSIONAL RECORD-HOUSE 8437 unusual impulses and disturbing mental confiicts because of them. Th<'y feel inadequate or inferior, their usual restlessness and antisocial con­duct are expressions of compensatory strivings against this, or specific acts may be pathological outlets for impulses not properly directed, The narcotic properties of morphine and heroin are sufficient for the time being to remove all of this. Inferiority is · replaced by confidence, restlessness by calm, and discontent by contentment. The degree of contrast with their usual selves is in direct proportion to their degree of deviation from the normal.

The pleasure derived from opium varies from a slight feeling of calm in persons ~ho approximate normal in their nervous constitution to feelings sometimes approaching ecstacy in the extremely psychopathic. The greater susceptibility to addiction of the more abnormal c~ses is thus explained. The personality survey and clinical study of the 210 cases that form the basis of this paper shows that their nervous ab­normality is the most important cause for the frequent relapse of addicts of the present day. In the psychopaths who make up the larger proportion of them the pleasurable effect of opium was dulled by the increased tolerance consequent upon excessive indulgence in it and beclouded by the discomfort and uneasiness of their situation. With benumbing of pleasure and increase of discomfort a point was finally reached where they sought release from the distress of their new situa­tion. By resort to cure they would get rid of the physical discomfort and the inconvenience of addiction and improve physically as well as socially for a time, but with cure and the passing of their newly ac­quired troubles their former restlessness and discontent returned and sooner or later they sought relief for this by resorting to narcotics again. This cycle of events was repeated time and again in some cases, the fi.nal result as to relapse being more certain as the other contribut­ing factors (physical depengence and memory associations) grew in importance with the duration of addiction.

A very large proportion of these addicts deliberately addicted them­selves with full knowledge of the difficulties incident to a life of addic­tion. Many of them had been sos::ial problems before they became ad­dic~d and the make-up of others was such as to insure that a large proportion would have run contrary to established social customs in some serious way, even if they had not become addicts. By inference, then, it ~may be assumed that such cases relapse for the same reason that they become addicted. The inference is not so clear in the case of certain socially acceptable persons of normal or superior intellect who become addicts. These are temperamental or very neurotic persons, some of ~hom are highly useful or gifted citizens. Opium gives them a feeling of relief or contentment far in excess of that experienced by the average normal per ons who because of illness are occasionally com­pf:'lled to take it. The first few doses usually are taken for legitimate purposes, but, as with the psychopaths, the drugs also give such persons a pleasurable sense of calm that impels them to continue the drug­often in ignorance of the danger, sometimes in spite of it-until they become addicted. When such cases finally try to free themselves of the drug the memory of the relief that it gave them from the underlying unrest, of which their peculiar traits or symptoms are an expression, is a serious handicap in their struggle to do without it. As before stated, these people also exaggerate the ordinary difficulties of life more than do average normal persons and they register physical discomfort and pain much more acutely. It thus happens that some very useful and even gifted citizens have tried without success to be cured of <frug addic­tion because of the force of the seductive calm that opiates gave them and because the discomfort of withdrawal seemed to--them to be unbear­able.

The undoubted sincerity previously referred to of some of the psycho­paths who seek treatment Is· an expression of one phase of their valuable moods, which in a measure explains why they first expeii.mented with narcotics, and why, after becoming addicte(], they find it so hard to leave them alone. They quickly,- and without reason of judgment, de­v·elop a high degree of enthusiasm for things that are new or different, whether the excitement promised is dissipation or reform, but because of their lack of emotional balance and consecutiveness of purpose the trend of their enthusiam is quickly changed by some countercurrent, or when the newness of the experience wears off they slump back into their normal channels of action and start taking drugs again.

The change in direction of enthusiasm is especially characteristic of the open make-up type of psychopathic addict that we have described elsewhere (2). Floating into addiction is easy for them because it furnishes · a thrill and is otherwi e pleasant, but to get cured requires effort, and having drifted into a difficulty, they find it hard to keep going in the opposite direction long enough to get out of it. The enthusiasm that some of these psychopaths develop for cure and the facility with which its direction is changed to defeat this end is illustrated by an incident that occurred in connection with the handling of three of them. These addicts voluntarily came to the hospital and the drug was rapidly withdrawn. Their sincerity and determination to get well was shown by the uncomplaining way which they suffered. On the fifth day they had passed through the most severe stages of treatment and were still in high spirits over the prospect of recovery. An interne then refused to grant them a simple request and in doing so made a remark that they construed as insulting. The rebuff in no

way affected their physical comfort but it changed their entire out­look and caused them to demand a discharge from the hospital. They came in to escape at any cost from the dependence and despised social position that the add.iction had brought to them and, reacting to a slight, the result of their addiction, they faced promptly about and returned to it determined now to assert their rights as free-born citizens.

In the discussion of the inebriate type of addict in another paper (2) we have already indicated one of the most important reasons for the relapse of drug addicts. It was shown that a large proportion of addicts have a so-called inebriate or narcotic impulse to an unusual degree, and that these persons have an indefinite nonspecific craving that is appeased by alcohol, opiates, ether, veronal, and other drugs having narcotic or hypnotic properties. Forty-four of the addicts in this group of 210 cases fall very definitely in the inebriate class. The business or professional man who at intervals goes on alcoholic sprees, neglects his work for a week or more and brings discredit upon himself has, in so far as the impelling motive for this conduct is con­cerned, the · exact counterpart in many of the cured addicts who suddenly and without obvious cause begin to take drugs again.

It is appreciated that when we say a man goes on sprees or relapses to drugs ~ecause he has a periodic craving or phase of depression which narcotics satisfies or lifts him out of, we have stated only an end result and have left the primary cause of the craving or depression undisclosed.

The love of intoxicants or narcotics is an expression of a deep-seated motive that reaches its greatest intensity in adolescence and may find expression in various ways. It is closely related to various excite­ments, enthusiasm, cravings; and related feelings. The normal man can regulate and control this motive or impulse when it · tends to take a.n abnormal direction. In the abnormal man with feelings of in­feriority and a highly sensitive or poorly organized nervous system the motive is stronger and the appeasement of it more satisfying. He is always striving for an emotional something just out of his normal reach. Alcohol or drugs brings it within his range and gives him the satisfaction that he does not know how to obtain in any other way.

The periodic alcoholic or opiumist who has an impulse to relapse is traveling on a low and unsatisfactory emotional plane. He meets a disappointment or rebuff or encounters some form of mental or physical pain. 'l'hese depress him still more and by so doing accelerate his impulse to seek relief and emotional satisfaction by the only means he knows. He brings himself under the influence of intoxicants or narcotics and by so doing relieves himself of mental pain and suffering.

A discussion of various theories as to what may be the underlying cause of the narcotic impulse would lead us too far afield to be entered into here. With the suggestions offered we give the end result as to observed fact, this study clearly shows that having once felt the soothing effects of opium, many of the cases become addicted to it in the first place and relapse time after time because of the force of the impulse.

MEMORY ASSOCIATION AND HABIT

In addition to the important etiological factors incident to the type of person who becomes addicted in the first place and the complicating physical symptoms which follow the use of opium over long periods of time, the taking of the drug results in the formation of numerous memory associations which are themselves potent reasons for continu­\ng the drug or bringing about relapse. In this sens~, opium addiction is a real habit. It is a common observation that no man lightly gives up anything to which he bas accustomed himself. We see this plainly exemplified in the cured tobacco smoker who relapses after a period of abstinence and feels great relief in doing so. A cured smoker who usually does not crave tobacco may feel an intense desire resembling hunger when he gazes upon a box of cigars or sits in the company of friends who are smoking. The genesis of this desire is apparently wholly mental. The craving is due to memory associations and the habit the smoker has acquired of releasing a certain amount of energy by smoking when placed in certain environments. If imoking is in­dulged in, the aroused but pent-up energy flows smoothly into an accus­tomed channel, the tension is relieved, and relief is obtained. Habitual indulgence in opium creates memory associations similar to those con­nected with the use of tobacco and adds some of its own. The craving that some cured addicts experience after the state of physical discom­fort is over, and the "hankering" for the drug that they speak of, is due largely to these IJ?.emory associations. The impelling force of habit and the satisfaction derived from gratifying it is seen in the morphine or heroin addict, who, when deprived of his customary drug, stabs himself with needles or safety pins, so-called "needle addiction."

The addict relieves himself of oncoming discomfort several times each day by taking a hypodermic of morphine or heroin. Due to difficulty in obtaining opiates, he is often in actual pain before securing relief, and he worries a great deal about his source of supply. There is thus formed a strong association between distress, both physical and mental, and taking the drug. Aft~r a cure the first disappointment or illness he suffers brings forcibly to his mind the method of relief he has learned so wen. The impulse to resort to it is strong and the stock from which addicts are recruited insures that resistance to it will be

8438 CONGRESSIONAL RECORD-HOUSE MAY 11 weak. We see this cause illustrated in an addict who said, "The winter came on ; I . was cold all of the time and could not stand it without the drug • *," and in the one who suffered a mild attack of influenza and gave as his reason for relapse that he was weak and had to boost himself with the drug. It is chiefly memory associations that cause many cured cases to feel discouraged and have the "blues " on a rainy day.

The return of addicts, especially of the unstable type, to their old environment adds greatly to the danger of relapse. Recently cured cases are restless ; they as a rule are without employment and they naturally turn for company and diversion to their old companions, among whom there are usually some addicts. Nearly all of those who have abstained from narcotics for several months report that they have no desire for the drugs unless they see some one else take them or unless they associate with other addicts in situations which they formel'ly enjoyed. By arousing memory associations this unfavorable environment creates a craving that the unstable cured cases seldom resist for any great length of time. The power of memory association is illustrated by the case of a patient who voluntarily stayed two months in the hospital and was off the drug five weeks of that time. He thought daily of certain former associates with whom he had been accustomed to take morphine. · He complained that he could not get the subject off his mind and that it kept alive his craving. A small party in which he formerly playl"d poker and took morphine with a few friends was reenacted several times in his dreams. The result was that the intense desire continued after the physical discomfort had passed.

It was noted in other types of cured addicts, as well as the cured inebriates, that any frustrated desire or unsatisfied longing was trans­formed into a desil·e for narcotics. Some had a craving for narcotics when tbey were hungry, and others when they wanted to smoke. The craving would be completely relieved by food or · tobacco. In some, cer­tain unsatisfied social impulses were directed into. the narcotic channel. The craving produced by social· longing is more serious than that which is purely physical in origin because it is not so easily appeased. The longing for compauionshi,P, for the good will o{ others, the desire for a position, the salary from which would insure the ordinary comforts of life and relieve financial worry, would, when frustrated be directed into the channel that experience had shown would resolve all longings by dulling the faculties that gave rise to them. The cured addict is advised to abandon his old associates, but be too often has no others who look upon him with understanding sym'Pathy. When this is the 'case he inevitably gravitates back to them. to relieve the tension of his social impulses. This, in itself, is gi>od for him, but the environment arouses memory associations connected with the use of narcotics and affords opportunity to return to them when his resistance is weakened. Without a social environment that satisfies certain emotional im'Pulses and an occupation that diverts the mind while it absorbs the physical energy that is seeking for an avenue of expression, the continued abstinence from narcotics by a former addict is extremely difficult.

Relapse was precipitated in some cases of this series by emotional disturbances incident to financial difficulties that could only be made worse by the return to narcotics ; by the nagging iniluence of a suspi­cious wife, who, to protect her husband from relapse, watched every move he made ; by a loss of position, by a deserved rebuke, and by other seemingly inadequate causes. One man, abstinent 'tor 10 years, relapsed because of an injury that kept him in bed for a week. Such r€'lapses, of cour§e, occur in unstable persons, who are in constant danger of falling under the depressing influence of some cause tha·t would impel them to seek relief in . narcotics. 'l'hey know that the remedy will in the end increase that difficulty; but for the time being the relief promised overshadows in importance all other considerations.

In addition to the :various pathological s.tl"ivings and impell.ng mem­ory associations that act independently of the patient's will to bring about a resumption of the use of narcotics, some account has to be taken or the pleasurable physical thrill that large doses of these drugs give to certain addicts. This thrill has been discussed in another paper (3). It is sufficient here to say that striving for a repetition of it causes some psychopaths to ·inject narcotics directly into their veins, and its int.E:'nsity may be judged by the fact that a few of them link it with sexual feeling. Some of these cases seerrt to return to narcotics purely for the physical pleasure the drugs give them. aside from a negative feeling of mental relief that is also obtained.

~ELAPSES TO COCAI~TE

What has bl"ell said about the causes of relapse. to opium applies in a general way to cocaine, but the relative importance of the various factors differ. The force of physical dependence is insignificant as a cause of rE:>lapse to this drug. The cocaine addict who has been taking large doses Rncl is suddenly deprived of it goes to sleep and it may be difficult to arouse him at all or to keep him awake for more than a few minutes at a time for the first 48 hours. He then passoo through a short period of physical and mental languor, during which there is a " hankering" for the drug but no pain. The ease with which some morphine and heroin addicts are t aken off these drugs is expla_ined by the fact that they als.o had been taking · large ·doses of cocaine. The byper!:wnsitiveness resulting from the withdt·awal of the opiate is coun-

teracted in them by the sleep and lethargy that results from withdrawal of the cocaine.

The pleasure arising from the narcotic effects of cocaine is less than that from opiates, but the pleasurable physical thrill is greater and it is a general mental and physical stimulant. It differs from opiates in that it produces pleasure more by the elevation of normal feeling than by the suppression of weakness. It is therefore a more positive form of dissipation.

A number of persons dissipate with cocaine now and then but never become addicts ; their indulgence is comparable with week-end drink­ing. Those who become addicted to the daily use of cocaine almost invariably take up the use of morphine or heroin sooner or later and then decrease the amount or cocaine or abandon its use altogether. There is not one pure cocaine addict in this seri.es of 210 cases, but there were a number of mixed opiate-cocaine addicts among them at the time they were examined, and 35 per cent of the total number had been addicted to cocaine and morphine, or to cocaine and heroin at one time or another. These mixed cases are, on the average, more subject to relapses than those opiate addicts who have never taken cocaine regu­larly. The difference is .not due to anything that cocaine or the mixture of cocaine and opium does to them. It is traceable to the fact observed in the study of these cases and others not reported here that the cocaine addict is more psychopathic in the beginning. lie becomes addicted merely through his impulse to dissipation, whereas physical dependence complicates matters for users of opium and causes more stable persons to !Jecome addkted to it.

SUMMARY

The relapse of drug addicts is mainly due to the same cause that is responsible for their original addiction, namE:>ly, a pathological nervous constitution, with its inferioriti.es, pathological strivings, etc., from which narcotics give an unusual sense of relief and ease.

The inebriate impulse is one of the most importiUlt causes of relapse. Relapse is more common than formerly because the addiction of more

normal and therefore more easily cm'able persons is less common. Nearly all addicts make sincere efforts to be cured during the early

period of their addiction. 1\:Iany of the cures taken later on are mere matters of expediency and are insincere in effort.

The hope for cure wanes as time passes and the force of habit, numerous impelling memory associations, and increasing physical de­pendence upon opiates is added to the original nervous pathology.

Physical dependence upon opiates is unimportant as a cause for re­lapse during the first two or three years of addiction in those addicts who have been off the drug for two weeks or more.

In some very nervous persons who have been addicted to an opiate for many years withdrawal of the drug may produce hysterical symp­toms or hypomania lasting several months.

UNSEEN FORCES THAT HELP CO TROL LEGISLATION IN UNITED / STATES CONGRESS

1\Ir. HARDY. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD.

The SPEAKER pro tempore. The gentleman from Colorado asks unanimous consent to extend his remarks in the RECORD. Is there objection?

There was no objection. Mr. HARDY. Mr. Speaker, in a few brief remarks I desire

to comment on some unseen forces that help to control legis· lation in the United States Congress, telling the story of some of the directing and moving forces in the House of Representa.­tives which are not observed from the- galleries and not much played up in the press and naming the personnel of party organizations, and of some of the unadvertised committees.

These forces are more influential than speeches and oratory. They are of more power than unorganized and undirected ma­jorities. Some of the forces of which I speak lead the majority and gin~ it the opportunity of exercising the dominant power it possesses.

RULES COM!IHTTE.

In the Rules Committee is lodged much power. In former days-in the days of Tom Reed and Uncle Joe Cannon-the Speaker of the House exercised great influence over legislation­could exercise tyrannical power if he felt so di po ed. In those days the Speaker appointed committees, named committee chair­men, and was chairman of the Rules Committee, which com­mittee consisted of himself and two others appointed by himself.

Then came the legislative re-volution in the House, when a bunch of insurgents joined with the Democrats and changed the rules, taking the Speaker off the Rules Committee and taking from him the power to appoint committees. That was only back in 1910.

'l'o-day committee as ·ignments are made by the House through a committee on committees. The Rules 0ommittee is inde­pendent of the Speaker's influence, except as it · is exerted diplom~tically,

1928 CONGRESSIONAL RECORD-ROUSE 8439 The Rules Committee has the authority to report to the

House special rules at any time and they are privileged. That is, these special rules take precedence over anything be­fore the House except conference reports. The committee rule bringing out a bill, limits the hours of_ debate and can limit the number of, or exclude all amendments to the bill, except one motion to recommit. Backed by the majority the Rules Committee can pretty nearly say what legislation can come up and how it may or may not be amended in the House.

In the early stages of a Congress the Rules Committee does not function often or much. As the Congress draws near a close, with calendar full and few days for consideration of the many bills reported out by r egular committees the influence of the Rules Committee is in great demand. Many 1\Iembers seek special rules for bills they are interested in. The pro-

. cedure is for the Rules Committee to hold meetings for dis­cussion and sometimes hearings where proponents of bills appear and present their views. Sometimes these bearings are simple and informal and sometimes they are elaborate and extended.

It is not unusual for 12,000 to 16,000 bills to be introduced in a session of Congress. A bill can not be considered in the House unless it is reported out by a committee. But after being reported favorably by a committee a bill may linger long on the calendar without being brought up in the House. Near the end of the session the calendar is full. Days are crowded with business.

Appropriation bills have the right of way. Time will permit the consideration of only a few other measures. Many a Mem­ber is anxiously watching out for the fate of his fond legisla­tive baby. Somebody must decide whose baby may be saved­what bills may be brought out in the House for consideration. This is the very thing the Rules Committee will do. It may well be imagined that the Rules Committee will be busy the rest of the session.

Withal the Rules Committee is not all powerful. It can report out rules for the consideration of measures, but it takes a majority of the House to adopt the rule and again to pass the bill. The Rules Committee considers the merits of the bills and the sentiment of the House and the country. It listens to the wishes of the majorlty as expressed through the Speaker, the majority leader, the steering committee, and perhaps an occa­sional suggestion from the White House. The committee must pass over and by many meMures, but it is pretty certain that the bills it does pick for presentation to the House are on the cards for passage.

The Rules Committee is one of the powerful agencies of the Government which is aiming at economical administration. The cost of a proposed measure is well considered before it gets favorable action by this committee. Just the other day the chairman of the Rulei Committee gave to the House a list of bills that are being pressed for action which, if all were passed and became laws, would cost the Government more than a billion dollars and discourage tax reduction for years to come.

The chairman of this all-important committee is Bon. BERTRAND H. SNELL, of New York. He is a ha):'d~_working, cQnscientious, industrious Member of Congress and takes the duties of this important chairmanship seriously. He studies the legislation in question and knows what they are talking about when men bring their bills up for action before his committee. He has nerve and is unafraid, for be must stand between popular clamor and public duty at times. None are so great or power­ful in this Government of ours that they may not some day knock at his door to ask for official favor.

Others who ha>e been chairmen of the Rules Committee run­ning back a few years are Philip Campbell, of Kansas; EDWARD W. Pou, of North Carolina; Bob Henry, of Texas; and Uncle Joe Cannon, of the United States of America.

Members .of .this committee in the Seventieth Congress are--Bertrand H. Snell, chairman, New York ; Theodore E. Burton, Ohio ;

Thomas S. Williams, Illinois ; Fred S. Purnell, Indiana ; Earl C. Mich­ener, Michigan; Harry C. Ransley, Pennsylvania; C. William Ram­seyer, lgwa; Louis A. Frothingham, Massachusetts; Edward W. Pou, North Carolina; Finis J. Garrett, Tennessee; William B~ Bankhead, Alabama; John J. O'Connor, New York.

THE STEERING COI\fMITTE.I!I

Another influential factor in government, one of the invisible type, is the Republican steering committee of the House. It is entirely unofficial, unlisted, and unadvertised. It exerts a powerful influence but makes no effort to exhibit power. It works along diplomatic lines to feel out and consolidate senti­ment for administration measures and procedure. It meets occasionally at the call of the chairman. It considers the wel­

·fare of the Government from the party point of view. It ad-vises with the White House, the chairmen of important commit­tees, the party leaders, and the Rules Committee. It belps to

iron out difference~ and to formulate and put across the ma­jority program in the House. The chairman . of the steering committee is the Republica,n floor leader, Bon. JoHN Q. Trr.soN. When the committee meets the Speaker sometimes and the chairman of the Rules Committee usually are invited in for consultation. Other members of the committee are--

George P. Darrow, Pennsylvania; Edward E. Denison, Illinois; Nicholas J. Sinnott, Oregon; Allen T. Treadway, Massachusetts; Walter H. Newwn, Minnesota; Homer Hocb, Kansas; Frederick R. Lehlbach, New Jersey; S. Wallace Dempsey, New York; Royal C. Johnson, South Dakota.

THE FLOOR LEADER

The floor leader, especially the leader of the majority side, has a good deal to do with the legislative program. The ma­jority leader, of rourse, represents the majority on the floor . What he asks for is usually granted. Motions be makes are usually passed. He endeavors to represent the majority view and the majority follow his leadership and back him up. He is often asked on the floor by the minority leader or by others about the program ahead and he outlines it as well as be can. He leads in debate on administration matters and gives to the House and the country the viewpoint of his party on legislative program.

The leader must keep in touch with proposed legislation, the status of bills of importance, with the steering committee of which he is chairman, and with the attitude of the Rules Committee. He confers with committee chairmen and :Members in general. The majority leader often confers with the Presi­dent and advises with him ~~egarding administrative nreasures. He takes to the President the sentiment of the party in the House and he brings to the Republicans in the House the senti­ment of the President.

The majority leader acts also as chairm~ of the committee on committees and of the steering committee. -

The maj01ity leader at this time is Bon. JoHN Q. TILsoN, of Connecticut. He has served in the House of Representatives 18 years. He is efficient, industrious, and popular. Mr. TILsoN was born in the mountains of Tennessee, worked his way through college at Yale University, took up the practice of law at New Ha>en, and served as speaker of the Connecticut House of Representatives before coming to Congress. :Many of his friends believe that Mr. TILSON would make a good Vice Presi­dent of the United States.

Other Republican floor leaders who have J)receded Mr. Trr.soN are NrcHoL.A.s LoNGWORTH, Frank Mondell, James R. Mann, Uncle Joe Cannon, Thomas B. Reed, Nelson Dingley, William McKinley, and Sereno Payne.

The minority leader is Bon. FINIS J. GABRETT, Democrat, of Tennessee. Smooth, gracious, gentlemanly, brilliant, and con­vincing in debate and elsewhere. He never neglects the interest of his party, but at the same time he has been very agreeable and helpful in expediting business in the House. He is a lawyer, a native or' Tennessee, and has served in the House of Representatives for 24 years. He is leaving the House at the end of this Congress, to the regret of all, but his friends hope it is to go into the United · States Senate, for which he is a candidate. Other notable floor leaders on the Democratic side have been Champ Clark, Claude Kitchen, Oscar Underwo<>d, and Samuel J. Randall.

THE WHIP

The office of whip comes to us from the British Parliament. That is, the name does, and it has been used for some two hun­dred years. It is probable that every legislatiye body, as long as there have been such bodies, have had some person who has acted in this capacity.

The. whip looks after the membership of his party and endeavors to have them present to vote on important measures. When the vote is apt to be close he checks up, finds out \vbo is out of the city, .and advises absentees by wire .of the important measure coming up.

There are many hours of long debate when many Members do not feel it necessary to be present and listening and they go along attending to their other business, which in many cases is pressing. The whip keeps posted on the daily program, and if something important comes up where votes will be taken he natifies the membership of his party. Occasionally Members' offices are notified by 'phone from the whip's office that ".All Members are desired on the floor immediately.'' After such notice is phoned around you will see the House gradually fill up with Mem)Jers.

The Republican whip has also a duty to perform in connec­tion with the White House. The President occasionally seeks infonnation from the whip as to the s®timent of the House on important administration measm·es, about the prospect of passage of certain bills, and the whip naturally reflects the Pres-

8440 CONGRESSIONAL RECOR.D-HOUSE ~fAY 11 dent's view about many things and is in a position to know the administration's policy.

The Republican whip was formerly appointed by the Speaker, but is now chosen by the party caucu . Hon. ALBERT H. VESTAL, of Indiana, is serving as Republican whip at this time. He bas served six terms in Congress. Some others who have rendered distinguished service as Republican whip have been Thomas B. Reed· James Wilson, later Secretary of Agricu1ture; JAMES W. W ATS

1

0N now United States Senator from Indiana; James A. Tawney'; and John W. Dwight. On the Demo~ratic side,

' WILLIAM A. OLDFIELD, of Arkansas is the party wh1p. COMMITTEE ON COMMITTEES

In the old days before Uncle Joe Cannon was " shOI~n of his power," as they say, the Speaker named the chairmen of com-

. mittees and made all committee assignments. That and the control of the Rules Committee made the Speaker practically the autocrat of the House. He had almost unlimited pow-er in the control of legislation. The Speaker to-day, while holding one of the highest offices in the land, is little more than a pre­siding officer over the House.

The change that was made back in 1910 when the House took away from the Speaker his great power was merely to take the Speaker off the Rules Committee and to provide that the as­signment to committee places and the selection of committee chairmen should be made by the House.

It works out this way: The Republicans have a committee on. committees which decides Wbo shall go on which committee .and who shall be chairmen of all committees. The Democrats have delega~d to Democratic members of the Ways and Means Com~ mittee the selection of committee assignments of Democratic Members. At this time with the Republicans in the majority

· there are no committee chairmanships held by Democrats. These bodies make their selections at the beginning of a Con­gre ·s, report their recommendations to the House, and the House invariably confirms the recommendation made. Through-

. out the session of Congress when vacanc~es occur .they are filled in the same manner.

Once placed on a committee, a Member Ill11Y stay on that committee as long as he stays in Congress, and if he lives long enough and is elected often enough he may hope some day to be chairman. Members often seek other committee assign- ·

1 ments, prefering other work, or by long service being entitled 'to assignment on more important committees.

When the change was first made and the appointment of committee assignments taken away from the Speaker, the se­lection of Republican committees was given to a committee of 15, selected by the Republican leader. In the beginning of the Sixty-sixth Congress, in 1919, the Republican caucus adopted a new rule, proposed by James R. Mann. The ru1e then adopted and in operation now provides that the committee on committees Shall be composed of one . Republican Member from each State which has Republican representation in Congress, and that each member of the committee shall have as many votes in committee deliberations as his State has Republican Members in Congress.

· So in this Congress Texas has 1 vote and Pennsylvania has 34 votes in the committee on committees.

The members of the Republican committee on committees in the Seventieth Congress are .as follows:

Votes California : Charles F. Curry ______________ :.., _________________ _:_ 10 Colorado : Charles B. Timberlake------------------------------ 2 Connecticut: Joh11 Q. Tilson_________________________________ 5 Delaware: Robert G. Houston_________________________________ 1

· Idaho : Burton L. French------------------------------------- 2 Illinois : Vacant--------------------------------------------- 19 Indiana: Albert Vestal--------------------------------------- 10 Iowa: Vacant----------------------------------------------- 10

~~~t~~~ ~aj~h~ RM~R~b0si~~~~~~~======~===~======~======::::::::: ~ ~~~~I~n1v~~~~:,ic~~;,t~&"iiiian:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: t Mas achusetts: Allen T. TreadwaY---------------------------- J.3 Michigan : Carl E. Mapas ________ :_____________________________ 13 Minne ·ota : Walter H. Newton________________________________ 8 Missouri : Charles L. FausL----------------------------------- 4 Montana : Scott Leavitt-------------------------------------- 1 Nebraska : Willis G. Sears------------------------------------ 2 Nevada: Samuel S. ArentZ----------------------------------- 1 New llampshire: Edwnrd H. Wason ____ :.._ _____________________ 2 New Jersey: Isaac Bacharach_________________________________ 9 New York: James S. Parker__________________________________ 17

3 North Dakota: James H . Sinclair ____________________________ _ Ohio: James T. Begg ________________________________________ 16 Oklahoma: Milton C. Garber _______________________ ..,__________ § Oregon: Willis C. HawleY-----------------------------------­Pennsylvania : Wi11iam W. Griest_____________________________ 34 Rhode Island: Clark Burdick__________________________________

33

South Dakota: Royal C. Johnson _____________________________ _ T ennessee : J. Will Taylor.:..___________________________________ . 2

1 Texas : Harry M. Wurzbacb----------------------------------­Utab: Elmer 0. LPatherwood---------------------------------- ~ Vermont: Ernest W. Gibson-----------------------------------

4 Washington: .John W. Summers-------------------------------

Votes ~mconsin: James A. Frear ___________________________________ 10 West Virginia: Carl G. Bachmann_____________________________ 5 Wyoming: Charles E. Winter _______ ·-------------------------- 1

Total votes-------------------------------------------- 234 THE CAUCUS

In the old days in State legislature's and in the Congress the party caucus Was a powerful affair. The members of the party organizations met, con idered many things, including legislation. A majority vote was supposed to carry with it the party man­date for all members of the party to abide by the re-sults and be bound by the caucus action. Caucus rule is not so dominant these days anywhere as it used to be. Certainly not in Congress.

In the big flare-up in party affairs back in 1910 and 1912 the Republicans gave up the caucus altogether. They had an occa­sional meeting of party members under the name of Republican conference·. But they bnve gone back again to the old name of Republican caucus. It is a denatured affair, however, and has not much kick.

At the beginning of a new Congress each two years a Repub­lican caucus is called together to select a Republican candidate for Speaker. If there are two or more candidates for Speaker, the matter is threshed out here. After the caucus votes all party members will stand by the man who gets a majority vote in the caucus.

The Republican caucus voted in 1919 to give the speakership to FREDERICK B. GILLETT over his opponent, James R. Mann. And again in 1.925 to NICHOLAS LONGWORTH over his opponent, Martin B . Madden. In the former case the Republicans were just coming into control of the House. Champ Clark had been Speaker previous to 1919. In the latter case Speaker GILLm'T had left tbe aouse on being elected to the United States Senate. Once on the job a Speaker usually stays as long as he stays in the Rouse und his party remains in power.

The majority caucus will also name the various important employees of the House, such as Clerlc, Sergeant at Arms, Door­keeper, Postmaster, and others. The caucus will also select the party leader and the whip.

The Republican caucus meets rarely and does little in the way of considering legislation. It tried it a few times a few years ago, but the effort proved a sad failure. Much talk and they got nowhere. No one was bound by the votes taken. For several rears the Republican caucus has been called only for the purpose of selecting the party organization or to help the committee on committees to decide a contested point.

The Democrats do have a real caucus which meets only occa­sionally. Democruts are supposed to be bound by the decision of the Democratic caucus. It requires a two-thirds vote, how­ever, to bind the membership on matters of legislation. A Mem­ber may arise and ask to be relieved of caucus instruction in specific cases. Some Democrats who represent protective tariff dish·icts do this. But unless a Democrat has some mighty good reasons to offer for not standing by the caucus decision and is excused, he had better vote with the party or he may be read out of it.

SENIOR ITT

Another powerful influence in legislative bodies everywhere, and especially in the United States Congre s, is seniority. Speaker, committees, nor majorities can rarely overcome or set aside the unwritten law of seniority·of service. _ · The preferred office rooms in the House Office Building are assigned the Member of longest service of those who ask for any certain rooms. Once on, a Member's rank in committee ' is according to seniority and his place at committee table. is in order of · length of service from the chairman's end of the table down. The chairman of the committee, while selected by the committee on committees, is almost always th~ oldest mem­ber of his party on the committee. Only rarely bas the com­mittee on committees violated the rule of seniority and to do so it must have .a mighty strong case. The Sf.'lection of 1\Iartin B. Madden as <'hairman of the Appropriations Committee was one of these noteworthy exceptions-the only one I .recall in recent years. A chairman of a committee has very great in­fluence in the reporting out and progress of bills. He decides the fate of many.

Conferees who meet with the conferees of the Senate to iron out differences on bills where the two Houses have not agreed are u ually the olde. t members on the committee which has that particular bill in charge. A great deal is at stake in ' these conferences sometime . They are the deciding factor often in big issues. The conferees have big re-sponsibilitie. , and here seniority helps much in mo~ding legislation, appropriating money, and writing tax bills.

1928 1 CONGRESSIONAL RECORD-HOUSE 8441 Seniority rules at social functions. The women are strong

for it. They form in line at a reception according to seniority ; they seat their guests at table according to length of service.

Seniority rufes advancement for employees of the House, thG same as it marks tile progress and influence of Members. I r ecn ll in the election of a Doorkeeper some years ago a retiring 1\lember of the Hom:e who had served only two terms wanted the job. But an bumble employee who bad served the House for nbout 30 years got twice as many votes in the Republican caucus. The powerful influence of seniority is hard to overcome.

Too much importance can not be given to the fact that chair­men of committees do have much influence in connection witll legislation.- Chairmen are selected by seniority.

Here is bow it works out in the present Congress: Thirteen Republicans and 16 Democrats have served nine terms-18 years or more. . Of these 13 Republicans, who have served 18 years, 1 is

Speakl:'r, 1 Republican floor leaoer, 7 are chairmen of impor­tant committees. These committees are: Appropriations, Ways and Means, Agriculture, Naval Affairs, Post Office and Post Roads, Foreign Affair·, and Subcommittee of Appropriations fc•r the Navy Department.

That accounts for 9 out of 13 in that class. Can you beat that for the influence of seniority?

If you drop down into tlle next class-those who have served eight terms, 16 years-you will find 15 Republicans. Of these, eight hold committee chairmanships. And that, I think, ac­counts for most of the committees of much importance.

If a strange and unusual election should occur sometime that would return a majority of Democrats in the House, you can make up a list of the new committee chairmen wlthout waiting for the Congress to meet. You can be pretty well assured . that the ranking Democrats on each committee--the one who bas served on that committee longest in continuous service--would be immediately advanced to chairmanship. And you can be equally assured that they will be Members of long service in the House.

The committee on committees is made up for the most part of the Members who have served longest from their respective States. As a rule, Members have to serve some years before they are put on the Appropriations or Ways and Means Com­mittees. The Rules Committee is made up of older Members­no Republican having served for less than 10 years. And the same may be said of the steering committee, there is no one on that who has served less than 10 years.

Fifty-seven Members in all out of the total membership of 435 have served 16 years or more. The Speaker, both party leaders, and 15 chairmenships are held in this group. Those who have served 5 terms-10 years or more--number only 182. All the key positions, nearly all the chairmenships, most every Member who is ever a conferee, a large majority of the Ways and Means and Appropriation Committees, all the Rules Com­mittee, all the steering committee, most all of the committee on committees, and Democratic ranking members (future pos­sible chairmen) on practically all committees are included in this group.

Seniority certainly does put Members in the places of power in the House of Representatives, and length of service gives Members an influence in the Congress and in the United States Government everywhere that can not be equaled by unusual brilliancy and ability without it. Districts which have returned their Members to Congress term after term have contributed to the cause of good government and are to-day .represented by Members of important standing in the House of Repre-sentatives. ·

RETIREMENT OF OFFICERS AND FORMER OFFICERS OF THE WORLD WAR

Mr. ROY G. FITZGERALD. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the state of the Union for the further consideration of the bill ( S. 777) making eligible for retirement, under certain conditioi).S, officers and forme:r. officers of the Army, Navy, and Marine Corps of the United States, other than officers of the Regular Army, Navy, or Marine Corps, who incurred physical disability in line of duty while in the service of the United States during the World War.

The motion was agreed to. Accordingly the House resolved itself into the Committee of

the Whole House on the state of the Union, with l\ir. LAGUARDIA in the chair.

The Clerk read the title of the bill. Mr. ROY G. FITZGERALD. Mr. Chairman, I yield five

minutes to my colleague the gentlema,n from Oklahoma [Mr. JOHNSON].

LXIX--532

Mr. JOH~\SON of Oklahoma. 1\Ir. Chairman, yesterday yon listened to highly technical arguments and to misleading state­ments of fact brought forth in a futile attempt by enemies of the Tyson-lJ'itzgerald bill to sustain a false and misleading premise.

What is this premise which opponents of this measure have vainly tried to justify?

Their premise is that the World War enlisted man is a dog in the manger.

That is what their premise is, and that is what all these highly technical arguments and misstatements are about.

Having served in France for nearly two years as "buck private," I, for one, want to take this oppDrtunity to defend the World War enlisted man from all the implications of base motives heaped upDn him yesterday. I want to deny here and

·now that the finest soldier the world ever saw-the emergency enlisted man-is a dog in the manger, that he wants to prevent some one else from having a thing which he can not possibly use himself.

1\Ir. RA.l.\~IN. 1\Ir. Chairman, we can not let any such state­ment as that go unchallenged.

The CHAIRl\1AlY Tne gentleman has not yielded to the gen­tleman .from Mississippi for that purpose. The gentleman from Mississippi can not take the gentleman off his feet.

1\Ir. RANKIN. I make a point of order against the gentle­man making any such allegation as that.

1\Ir. JOHNSON of Oklahoma. I am really at a loss to under­stand why my distinguished colleague from Mississippi is so disturbed because of the comparison I made a moment ago, but I see no reason for changing or modifying my statement. To my mind, enemies of this bill have placed the enlisted men abso­lutely in the position of the dog in the manger, and I kn,ow that is the wrong inference so far as the enlisted men of my State are concerned: So at the risk of being contradicted, or even scolded, my statement stands.

Mr. CLARKE. Mr. Chairman, I make the point of order that tl1e gentleman from Mississippi is out of order in making his point.

The CHAIRMAN. The gentleman is recognized if he desires to make a point of order. The gentleman will state his point of order.

Mr. RANKIN. The gentleman makes the statement that the opponents of this bill have alleged or intimated that the en­listed man is a dog in the manger. NQ such intimation and no such statement has been made.

The CHAIR~IAN. That is a matter of debate. The gentle­man is in order and the gentleman's point of order is overruled. The gentleman will proceed.

1\lr. RANKIN. The statement is not correct. Mr. JOHNSON of Oklahoma. From my ·viewpoint the state­

ment is correct. Go read the RECORD of yesterday; it speaks for itself. If the burden of the argument of you gentlemen who are so enthusiastically opposing this measure does not, in fact, justify my statement, then I am frank to confess that I am unable to comprehend the English language. My distinguished friend from Mississippi [Mr. RANKIN] is entitled to his views on this bill, but I also submit that I am entitled to mine. Now. I would like to finish what I was about to say.

Mr. BUSBY. Will the gentleman yield? 1\Ir. JOHNSON of Oklahoma. In a moment I shall be glad

to yield to my good friend from Mississippi, but I would prefer to finish my statement now.

Mr. BUSBY. I would simply like to ask if the gentleman would point out who made that statement and call the name of the gentleman.

Mr. JOHNSON of Oklahoma. The gentleman knows I would not think of calling names here. He is simply begging the ques­tion. This is not a, personal matter, but I again respectfully call the attention of my friend to the RECORD. Read the speeches of yesterday. I don't want to embarrass anyone, but the speeches speak for themselves. The pending measure is entirely too important for men who claim to be fair to quibble over technicalities or attempt to inject · personalities into this debate. ·

Now, what are the real facts? I will tell you. First. All of the Woctd War dead are on a parity. Second. All World War widows and orphans are on a parity. Third. All World War enlisted men are on a parity. Fourth. Eight of the nine classes of World War officers are

on a parity. · That leaves the ninth class of officers-the disabled emer-·

gency Army officers-as the only class of World War victims discriminated against in their class. All others-widows, or­phans, and enlisted men--have been accorded identical treat­ment.

8442 CONGRESSIONAL RECORD-HOUSE M.A_y 11 The Amerjcan Legion is 90 per cent enlisted, yet it is solidly

behinu this measure. Why? Because the enlisted men do not harbor the unworthy motives attributed to them by men on the fioor of this Hou e-by men who have vainly attempted to incite the enlisted men against the officers.

Mr. Chairman, I hold in my hand a petition urging the pas­sage of this bUl, signed by every patient, I am informed, able to sign his name in the Oldahoma Soldiers' Tubercular Sana­torium.. at Sulphur, Okla. Practically aU of these patients are enlisted men, but merely because they could not profit by the passage of the bill, they would not withhold from the disabled emergency officers tbat which is rightfully due them.

The sick and disabled war veterans at the United States veterans' hospital at Muskogee, Okla., one of the finest veter­ans' hospitals in America, have also gone on record, so I am advised, in una.nimou.Jy favoring the passage of this bill, and a very large per cent of the patients in that great hospital are al. o enlisted men.

I want to say here and now that the friends of the soldiers will not attempt to divide them.

\Vhat happens to the widows and orphans of Regular .Army officers who were killed in the war?

They receive compensation from the Veterans' Bureau. What happens to the widows and orphans of the emergency

officers who were killed ? The same identical treatment that tbe widows and orph11:ns

of the Regular .Army officers receive. What happens to the widows and orphans of the Regular

Army enlisted men who were killed? The identical treatment which the widows and orphans of the

Regular officers receive. Vvhat happens to the widows and orphans of the emergency

enlisted men who were killed? The same identical treatment that the widows and orphans

of the Regular Army officers receive. What happens to the Regular Army enlisted man, disabled

in the World War? He goes to the Veterans' Bureau. What happens to the emergency enlisted man? He goes to the Veterans' Bureau. What happens to eight out of the nine classes of officers? Retirement on three-quarters pay. What happens to tl\e emergency .Army officer, the ninth class

of officers? Di crimination. He is set apart from the other officers. What is the answer to this, gentlemen? Gentlemen, we shall answer this question here this afternoon,

and I certainly hope your a,nswer will be in favor of these ·officers who, in my. opinion, are now discriminated against. 1 [.Applause.]

Mr. SCHAFER. Will the gentleman yield? Mr. JOHNSON of Oklahoma. Certainly I wUl yield to my

colleague from Wiseon ln. 1\Ir. SCHAFER. Does the gentleman believe that this bill,

without certajn perfecting amendments, properly takes care of the emergency officers of the World War?

Mr. JOHNSON of ·Oklahoma. I do. I am glad th~ gentle­man has called that to my attention.

Mr. SCHAFER. How about--Mr. JOHNSON of Oklal!oma. Just a moment. I yielded for

• a question and not for a speech. I say this bill ought to pas~ and it ought to pass to-day, exactly as it has been written. All ot us understand that the most effective way of killing a bill is to amend it to death. It is wen known that opponents of this measure will support most any kind of an amendment in the hopes of ultimately defeating it. Let us pass the pending measure to-day without a single amendment. [Applause.]

Mr. RANKIN. Mr. · Chairman, I yield 15 minutes to the gentleman from Michigan [Mr. VINCENT]. [.Applause.]

Mr. VINCENT of Michigan. Mr. Chairman, it is with regret 1 I find myself in opposition to this veterans' measure, because I have supported since I have been in Congress every measure reported to this fioor for the relief of any veterans until this present occasion. EYen now, if I were to take the easy way for me, I woul<l support this bill, because I have many per­sonal friends who will benefit by the passage of this legislation, men whom for years I have had and still have the highest regard, respect, and affection, and men who haYe sacrificed much for their country.

But, gentlemen, this measure to my mind contains within it so patent, so evident, so drastic a discrimination among the various men who served in the World War that it seems to me it ought to challenge the attention of every thouglltful man before it is written into the boq~ of leg~lation of the Uniteii States.

Let me point out briefly just what this bill does: If a man were an emergency officer in the World War and has been rated by the Veterans' Bureau as permanently disabled to th~ extent of 30 per cent, then he shall draw compensation according to his rank If he was a brigadier general when he was dis­charged, he will draw $375 a month for the rest of his life; if a col?nel, $~0 a month ; if a lieutenant colonel, $218.75 a month; if a maJor, $187.50 a month; if a captain, $150 a month· if a first lieutenant, $125 a month; and if a second lieutenan~ according to the report of the Veterans' Bureau, which will have this legi lation in its charge if it is passed, he will draw $93.75 a month. This statement has been challenged here, and the statement is made that it will be something in the neighbor­hood of $105 or $106 a month for a second lieutenant ; but this does not change the principle.

These are pensions according to rank; absolutely that and nothing more nor less than that.

The enlisted man injured and having a permanent rating of 30 per cent will still draw $30 per month after this bill is passed. I want to point out other discriminations besides that which seem to me to make it certain that we can ne-ver afford to write them into the legislation of the United States. One of the arguments I have heard constantly made in favor of the bill is this-that the officers who went into the emergency serv­ice during the war were older than the enlisted men, were as a class better educated, as a class more establi bed in business and as a class were in the enjoyment. of a greater income tha~ the enlisted men were. And that, therefore, when injury oc­curred to one of these men it was a greater financial loss "to him and his family than it was to the erilisted man.

That is the principle that is taken into consideration in courts of justice, they say, when a man brings a damage suit for injury, and this principle is invoked under the workman's com­pensation laws, they say. But, gentlemen, let me point out to you that that same principle when invoked in court, either under the compensation law or under the ordinary rules of damage, inure to the benefit of the 'ti:fe and children of the man who is killed.

What does this bill do? The officer in the emergency service who lost his life in battle on the fields of 1-!'rance or who later, through disabilities, has laid down his life since as his sacri~ fice for hi country-his wife and his child are left in the same category with the wife and child of the enlisted man. If we pass this bill, we will say to the wife of the colonel who has received a 30 per cent disability rated permanent by the bureau," Your husband bas come back home, he sacrificed much for his country, and to the extent of 30 per cent he is disabled, but he is with you now, back in his occupation again, and for that disability which he suffered we will pay him for his benefit and for yourself the sum of $250 a month for the rest of his life."

We will say to the wife of the colonel who was killed over in France: "Your husband gave up his life on the altar of his country; he is dead and gone, and the little white cross decorates his grave. He will never come back to you, but you as his wife will receive from the Federal Government the sum of $30 a month, and if you have a child you will receive $40 a month, and if you have two childTen you will Teceive a few more dollars per month." Gentlemen, if that was the only dis­crimination in the bill it would condemn it in my mind. [Ap­plause.] Whatever may happen to me, so long as I am ~ Member of this House, I can not vote for a discrimination which I think is so unjust as that. [.Applause.]

1\lr. BOX. 'ViU the gentleman yield? 1\Ir. VINCENT of Michigan. Well, yes. Mr. BOX. Will the gentleman advise the House whether

he was an emergency officer? Mr. VINCRlNT of Michigan. I was; but I do not think that

has any bearing on the argument at all. Now. let me point out some other discriminations which the bill contains. You will remember that the officer, in order to get this rate of com­pensation, must have a permanent disability. That means that he must have technically been rated as permanent in the Vet­erans' Bureau. We, on the committee; and all you gentlemen who have had experience with that bureau, know what the word· "permanent " means with re pect to the administration of the law as it stands to-day. It means that the doctors in the bureau, so long as they can not say conclusively that a man's condition is not going to change, wW continue to carry such a man on a temporary rating. The result of that is that, for ye.ars, a man may have been fiat on his back in a hospital which the Government has built for his care. But if the doc­tors are unable to say that it might .not be true that his con­dition would recover to a certain extent-so long as that is u·ue, he continues to be carried on a temporary rating. No

1928 CONGRESSIONAL RECORD-HOUSE 8443 matter whether his disability is 100 per cent, it stands as a temporary rating in the bureau.

This being tru.,..., these officers are not in the slightest de­gree taken care of in any way by this provision. They are left with the same compensation as enlisted men.

Now, with respect to tne offic-ers and enlisted men. God save me from ever doing anything such as the gentleman from Oklahoma [Mr. JOHNSON] just charged-to incite any man who gave any service in the war against any other man who went into that service. [Applause.] l have nothing but the pro­foundest respect and affection for all that great mass of hu­manity who came up out of the heart of America, took the oath in the Army of the United States, and offered all they had to their Government. [Applame.]

And whether they were enlisted men or officers, that was their offer-all they had, even to their lives. This bill seeks to give to a colonel who comes back with a 30 per cent disability, described to you by the gentleman from New York [Mr. CROWTHER] yesterday, for example, as a condition where a man could not get his arm up as high as he formerly could-$250 a month. What would an enlisted man have to sacrifice in order to get that amount of money from the Government of the United States? ~ If he had both eyes gouged out, and an arm off, and a leg off, he would not get quite what this bill gives to this colonel who could not raise his arm above the level of his shoulder. If we are to make a discrimination among the men who served their country in the 'Vorld War, are we going to make a distinction so drastic, so deep, and so broad as that? And no man in this House who knows the facts or the law can challenge the accuracy of that comparison. ·

We are here to-day to decide on a great policy. There were emergency officers, before, who served their cou,ntry in other wars. What about the officer who led the troops in the Great War between the States? What about the officer who led the troops in the war with Spain? It has been pointed out here that for a short time--and it was passed during the Civil War­there was a pension law which did provide certain discrimina­tions, but nothing like these, however, as between an officer and an enlisted man.

Mr. RANKIN. And, if the gentleman will yield, that was merely that retirement law passed during the Civil War in order to get rid of some old officers who were cumbersome and out of date.

Mr. VINCENT of Michigan. Whatever was its purpose, it did make a slight discrimination between the officers and the enlisted men.

Mr. CONNERY. Mr. Chairman, will the gentleman yield? Mr. VINCENT of Michigan. I would like to finish this if I

may. Just as soon as the war was over, as history has taught all of us, the tremendous influenee of the Union officers came into the Congress of the United States, and through the influ­ence of these Union officers, men and. officers were placed on an equality with respect to their pensions. As to the war with Spain, the same equality between men and officers exists. All of you have had experience with respect to pensioners and those who wish to be pensioners as veterans of those wars. Is there any discrimination between a Union officer and a Union enlisted· man as to which gets $65 a .month or $72 a month or $90 a month? Absolutely, the matter is based on a disability, never on rank.

The CHAIRMAN. The time of the gentleman from Michigan has expired.

:Mr. RANKIN. Mr. Chairman, I yield the gentleman five minutes more.

l\1r. CONNERY. Mr. Chairman, will the gentleman yield? :Mr. VINCENT of l\1ichigan. Yes. l\fr. CONNERY. The gentleman speaks about discrimination.

Is it not a matter of fact that the second lieutenant in the time of war, when neither was disabled, got $137 a month, and the enlisted man $30 a month, and was not that discrimination?

1\Ir. VINCENT of Michigan. Oh, we can not correct that to-day.

l\Ir. CONNERY. But we can help those disabled emergency officers.

l\Ir. "VINCENT of Michigan. Those second lieutenants, as a matter of fact, did not get any more than a good sergeant got.

l\ir. CONNERY. They did not eventually, but they got $137 a month, and the enlisted man got $30 a month.

l\lr. VINCENT of Michigan. And they had to spend it, did they not?

Mr. CONl\"'ERY. Yes. l\ir. VINCENT of Michigan. For food and clothing? ~fr. CONNERY. Yes. Mr . . VINCENT of Michigan. As far as I am concerned, there

is nothing that we can do to go back and fix that to-day.

1\Ir. CONNERY. But we can help these men who are dis­criminated against now.

Mr. VINCENT of Miehigan. I am not going to enter into any quarrel with the gentleman, but I am not going to cast my vote-he can do what he wishes with his-for discdmina­tions such as will result from this act.

l\Jr. RANKIN. 1\Ir. Chairman, will the gentleman yield? Mr. VINCENT of Michigan. Yes. Mr. RANKIN. As a matter of fact the officer had to buy

his own clothes and pay for his own subsistence, and it cost him just about the difference between the enlisted man's pay and the officer's pay to do that thing.

Mr. VINCENT of Michigan. Unless he was an officer of con­siderable rank, I think it did. Mr. Chairman, I spoke a moment ago of that great throng who came up out of our Nation to fight this war. Some had to lead and some had to obey. That is the only way an army can be organized. It has to be a monarchy while it is in action. But when these officers and men come back from the war, citizen soldiers, and go back into the civic body politic of the United States, this democracy of ours, then I say they again become equal-equal as citizens in this Republic, equal before the law, and entitled to the same kind of treatment from their Government in accordance with the disability they suffered. [Applause.] I think no discrimi­nation should ever be shown that violates that principle of American citizenship, and American equality. [Applause.]

Mr. ROY G. FITZGERALD. Mr. Speaker, I yield two minutes to the gentleman from MissO\.._i [Mr. LoZIER].

Mr. LOZIER. Mr. Chairman, I fa•or the enactment of this bill without amendment. The measure has been pending for six or more years, during which time it has been discussed in detail in and out of Congress. The arguments for and against this legislation have been presented over and over again and no useful purpose will be served by our attempting to discuss this bill in detail now. I am ready to vote on .this bill and I be­lieve a large majority of the Memhers of the Hou~e are in favor of passing this bill without any further delay. While there are some features in the bill that might be improved by amendment, I am convinced that any effort to amend or re­write this bill will result in its defeat at this session, because Congress will adjourn at an early date and any amendments made in the House could probably not be considered by the Senate in the short time between now and adjournment. The Senate has passed this bill three times and I believe the public sentiment of the Nation is behind this measure.

Moreover, I consider the terms of the bill reasonable and fair to the disabled emergeney Army officers who fought bravely in the World War and who have been discriminated against, although they fought bravely and bear on their mangled bodies mute yet eloquent evidence of their courage and sacrifice. Congrers has enacted generous retirement provisions for dis­abled officers in the Regular Army, Navy, and marines. Lib­eral retirement acts have been passed to take care of disabled officers in every other branch of the service. Why should we grant disabled officers in one branch of the service liberal re­tirement privileges and withhold tho..-e privileges from disabled cfficers of the same rank who are lrnown as emergency Army officers? Statistics show that 2,040 emergency Army officers were killed in battle or died of wounds received in action. Ninty-three per cent of the Army officers killed belonged to this class. Eight thousand one hundred and twelve emergency Army officers were wounded in action. Under this bill 3,251 emergency officers whose disabilities now exceed 30 per cent will be given a fair, not a prodigal, retirement allowance.

I respect the officers of the Regular Army. I would not knowingly withhold from . them any grant or honor to which they are entitled. The Nation has dealt liberally with _them and I do not think they should use their influence to defeat this grant of justice to the ·group of disabled officers who are designated as emergency Army officers. But it is not denied by anyone familiar with the facts that officers of the Regular .Army look with a feeling akin to contempt on all volunteer units and on all officers who forsooth do not have West Point training. They do not have much respect for· enlisted men or for a vounteer army, although everyone knows that the volun­teer soldiers have won every war in which the United States has engaged. The principal opposition to this bill comes from the line officers of the Regular Army. If this were eliminated there would be practically no opposition to this bill.

Anyone familiar with the milital-y history of the world knows that officers of standing armies have always looked with ' con­tempt on volunteer officers. The volunteer soldier and volun­teer oflfcer have had to establish their courage, capacity, and efficiency and win their spurs over the jealousy and opposition of Regular Army officers.

8444 CONGRESSIONAL RECORD-HOUSE MAY 11 Philip of Macedon is credited with having established the

fh t standing army, although that honor is probably due to Epaminondas, the great general with whom the commanding influence of Thebes began and ended. History tells us that Philip in his youth was a hostage held for the observance of a treaty between the Thebans and Thessaly, and while there Philip no doubt learned the art of war from Epaminonda~ who first adopted the maneuvers, used with success by Napoleon, in concentrating heavy masses on a given point of the enemy's array.

And since Epaminondas or Philip established standing armies there has been an unending conflict between the professional Army officer and the volunteer soldier or officer raised from the ranks of enlisted men. I think it is time for this petty jealousy to cease. It is beneath the dignity of officers of the Regular Es­tablishment. The enlisted men and officers from the volunteer units have won their laurels on countless battle fields. The volunteer soldier is not only a good soldier in times of war but he is a good citizen after the brazen throats of war have ceased to roar and spit forth their iron indignation. The citizen soldier in times of tranquillity demonstrates that "Peace hath her vic­tories no less renowned than war."

If this bill does not afford full relief to all disabled emergency Army officers, then after the enactment of thls bill I favor such legislation as will do full justice to any disabled emergency officer or enlisted man who do not come under the provisions of this act.

In closing, I want to read a message received yesterday by me from Hon. Dan M. Nee, commander of the Missomi Department of the American Legion, as follows :

KANSAS CITY, Mo., May 9, 19!8. RALPH LoziER,

Washington, D. 0.: Missouri Department of American ·Legion urges passage of the Tyson­

Fitzgerald bill without amendments. DAN M. NEE, DeptJrtment Comniander.

I beljeve this expresses the real sentiments of the members of the American Legion in Missouri. I have received many similar communications from officers of the Legion all over the :ration, and I am confident this bill has the support of an overwhelming majority of the members of the American Legion. I believe the bill is just, and I am going to vote for it. [Applause.]

Mr. ROY G. FITZGERALD. If the Chair pleases, the House should know that anyone who speaks on this bill ha~ leave to extend his remark in the RECORD.

Mr. Ch:iirman, I yield five minutes to the gentleman from Vir­ginia [l\lr. HARBISON].

The CHAIRMAN. The gentleman from Virginia is recog­nized for five minutes.

Mr. HARRISON. Mr. Chairman and gentlemen, I was a member of the Committee on Military Affairs when the selec­tive draft was made a part of our military system. The com­mittee in this respect was very much divided. It was divided into two camps; one of which favored the draft system, and the other favored the old traditional system of volunteers. I followed the lead of Mr. Kahn, of California, and favored the selective-draft system. I have never 1·egretted it; and I hope when we come to draft the manhood of the country again we will ·find a way of drafting the wealth also. [Applause.]

Inasmuch as this was a very revolutionary proposition, every feature of this bill was most carefully scrutinized and discussed. I read the section 10 which has so often been quoted here, and I · believed then, and I believe now, that there is but one inter­pretation to be given to that section. I will read it:

That all officers and enlisted men of the forces herein provided for other than the Regular Army shall be in all respects on the same foot­ing as to pay, allowances, and pensions as officers and enlisted men of corresponding grades and lengths of service in the Regular Army.

Now, I can not understand how there can be any possible misinterpretation of that language. Some gentlemen say this is a pension bill. Well, it is covered by the language of the bill, " and pensions." For my part, I consider it . imply a matter of pay and allowances attached to the rank of the emergency and Regular officers.

Not only that, but this law was followed by another statute which wiped out all distinction between the several arms of the . ervice. When this law was enacted we had what was known as the Regular Army, and we had also what was known as the National Guard, and we had what was known as the emergency army. But sub equent legislation wiped out all these distinc­tions, and there was then known in all our laws but one my, and that was the Army of the United States.

How can it be truthfully said that this in any wise discrimi­nates as against enlisted men? The emergency Army offi~r

received different pay and he received different treatment thau the enlisted men in actual service. If there is any discrimina­tion in this bill, there was discrimination then. Each in his own rank had his pay and had his peculiar duties. I con ider this bill simply recognizes what was promised to the emergency officer when he was taken into the service.

But not only that, is there anything unjust about this propo­sition? Is it an equity that when an emergency officer on the field of battle is invested with the duties and responsibilities of his rank, then when he is disabled the Government, which recognized him a~ an officer at that moment, shall not be allowed to face hun with the charge, "No; you are not an officer of the United States. It is true I placed you there with the responsibilities and the duties of an officer of the United States. It is true I made this promise that there should be no discrimination between the officers in the branches of the service; but now that you are disabled in the di charge of your duty you are nothing but an emergency man, and you are not entitled to the rank ~d compensation of an officer."

The CHAIRMAN. The time of the gentleman from Virginia has expired.

Mr. HARRISON. 1\Iay I have two minutes more? Mr. ROY G. FITZGERALD. Mr. Chairman, I yield to the

gentleman two minutes more. Mr. HARRISON. Mr. Chairman, I for my part \Yould neve1•

vote fo1· any discrimination between the enlisted man and the officer. I felt my responsibilities when we drafted these men into the service. I never would vote for any law which I would suspect for a moment would make the slightest discrimination between the enlisted man and the officer. We are taking nothing from the enlisted man ; we are taking nothing that is given to him. .we are simply saying to the officer "You are entitled to what the law promised you"; and to the enlisted man, "You are entitled to what the law promised you." We are simply voting here to give to the emergency officer that which under the law he has fairly earned; and for my part I rejoice in the opportunity that this day gives me to cast my vote for him. [Applause.]

The CHAIRMAN. The time of the gentleman from Vu~ginia ha. · again expired.

Mr. ROY G. FITZGERALD. Mr. Chairman, I yield to my colleague [Mr. JoHNSON of South Dakota] 10 minute .

1\fr. RANKIN. Mr. Chairman, I make the point of order that there is no quorum present.

The CHAIRMAN. The Chair will count. [After counting.] One hundred and ten Members are present, a quorum.

The gentleman from South Dakota, is recognized for 10 minutes.

Mr. JOHNSON of South Dakota. Mr. Chairman, it is rather a unique pleasure to be recognized by the chairman to-day, for the reason that the present occupant of the chair [1\Ir. LAGUARDIA] happens to be the only present 1\Iember of Congress who was a Member in 1917 and who served with me in ·the American Expeditionary Forces, with the men affeeted by the measure under discus ion. •

I have just listened to pe-rhaps the most interesting debate on this measure that has come before the House with reference to any legislation affecting the disabled men since the war. With honesty of purpose and great ability the different Mem­bers of the House have expressed their present convictions ns to the merits of this measure. It is a proposed law over which there could be honest disagreement.

Its history, as has been said by other M@mbers, begins early after the war, when the gentleman from South Carolina [1\lr. STEVENSON] introduced the original measure. That mea ure, however, differed in form from this one, as shown in the RECORD

published this morning. Later I introduced the bill in an en­tirely different form from the measure presented to the House to-day, affecting not nearly so many men and having very vital differences from the present proposed law.

My reasons for introducing that measure are as cleat· to-day as they were 1Q years ago. Together with a great many other men in the United States now living I happened to serve with some of the men affected, and in a hospital in France, in the fall of 1918, I saw different classes of officers being given en­tirely different compensation.

Men would go into the service together. One would go in on a certain day and become a member of the Regular service; others would go into training camp ; an officer would come to one of the men and say, " Will you take a provisional commi sion which will take you into the Regular service?" That young man would say he would take that commission and then enter the Regular service. Another man would become an emergency officer. I saw those men with their wounds and they were not receiving the &atne compensations. There would be two boys,

1928 CONGRESSIONAL RECORD-HOUSE 8445 one a, provisional officer and another an emergency officer, with several fingers shot off', and one would be retired at four times the amount the other received, yet their wounds were the same. You would find a Regular Army officer who had lost a few fingers, and in those days, if he were a captain, he would re­ceive on retirement $150 a month; but an emergency officer who had lost both arms, both legs, both eyes, both ears, and totally disabled by disease would receive but $30 a month. That was manifestly unfair, and for that reason I introduced this bill in the House in another fo1·m many years ago.

Conditions have changed a very great deal since the time it was my pleasme as a Member of the House to meet in that room in the corner occupied by Uncle Joe Fordney, with former Members of the House and Members who are now in the House. I met tllere with Samuel Winslow, with the gentleman from Texas [l\1r. RAYBURN], and v;ith the gentleman from Wisconsin, Mr. E ·ch; also with that great commander of the American Legion, Fritz Galbraith, who was. killed in Indianapolis, and Hnnford 1\IcNider, late Assistant Secretary of War.

At that meeting an ag1·eement was made, in that room on this floor, that the Sweet bill would be passed at the following session of Congres and the compensation of these disabled men increased from $30 a month to $80 a month with allowances, if temporarily disabled, and if permanently di abled $100 a month. So the situation has changed to that extent.

The original measure was introduced to take care of what we knew at that time were battle casualties, and they should be taken care of by every country in this world, and particu· larly by this, the greatest and wealthiest country in the entire wol'ld. But conditions have changed again. In this Congress, the House and the Senate, in trying to do what ought to · be done for disabled men, we have been very liberal in some other degrees by presuming disabilitie ·. For instance, the law has read, and now reads, that anyone who contracted tuberculosis, mental diseases, sleepj.ng sickness, and some other diseases, whose technical names I shall not use, would be presumed to have secured those diseases in the service in line of duty if contracted prior to January 1, 1925. So the bill as it now reads, Senate blll 777, would take into this retil·ement list a large number of men that I do not believe any medical testi­mony in the world would say had received their diseases in line of duty and from the service. I have always thought­though I have not discussed the matter on the floor of the House to any great extent, because we have not had much dis­cussion on this legislation-that probably not over 25 per cent of the men who were presumptively connected under the vet­eran. · act and its amendments to be disabled, secured their disabilities in the service, but that it was better to compensate the other 75 per cent that medical testimony would not say had secured their injuries in line of duty than to allow the 25 per cent that medical testimony said might have secured their injuries or di eases in line of duty to go without com­pensation. For that reason I have favored the enactment of these presumpti\e statutes. But as matters now develop I think this proposed law needs amendment, and I am going to offer· amendments if no one else does so. I promised immedi­ately after the war that I would vote for a disabled emergency offieers' bill to take care of those battle casualties.

The ca ·ualtie that we knew definitely and conclusively came because we declared war in this Chamber 10 years ago and because almo t 10 years ago to the day we voted for the con ·cription act which put them into battle. I will vote for any defensible bill.

Mr. ABERNETHY. \Vill the gentleman yield? l\lr. JOHNSON of South Dakota. Yes; but I b,ave only 10

min~es. · Mr. ABERNETHY. Does not the gentleman think an amend­

ment to the bill would probably kill the legislation? Mr. JOHNSON of South Dakota. I intended to reach that

a little later, but I would just as soon discuss it now. 1\Iy honest and deliberate judgment is that if this bill is passed without amendment-and I say this without having consulted anyone connected in any way with the White Hou ·e--it would be vetoed and the veto would be sustained by this body. This is my honest, deliberate judgment. On the other band, if ~t were amended to take care of the battle casualties, it would stand a chance of passing and eventually becoming law, and as a prac­tical matter of legislation I favor a bill that can become law and will do justice to battle casualties.

Mr. CONNERY. Will the gentleman yield? Mr. JOHNSON of South Dakota. I yield to the gentleman

from Massachu etts. Mr. CONNERY. I merely wish the chairman of the commit­

tee would state for the benefit of· the House the situation with respect to the statement of the ·gentleman from Michigan about all these men in the hospital who are not permanently disa,bled.

I wish the chairman would state the provision in the last bill which we passed, called the Johnson bill, passed last week or the week before, that takes care of the situation Qf a man who is totally disabled but whom they would not declare perma­nently disabled.

1\Ir. ·JOHNSON of South Dakota. You mean allowing them to bring their action in court?

Mr. CONNERY. No; the time limit which was put on the permanent total disability.

l\1r. JOHNSON of South Dakota. Yes; the gentleman is entirely right. That is in the bill passed by the House about two weeks ago and now before the Senate, a provision requir­ing the rating of those temporarily disabled for a year as permanently disabled.

Mr. SCHAFER. Will the gentleman yield right there? 1\fr. JOHNSON of South Dakota. I yield. 1\Ir. SCHAFER. Take an emergency officer that lay in the

hospital on his back with tuberculosis, a temporary total dis­ability, for four years, under the provisions of this bill he would not get any benefits under the act because he has never, up to this time, or perhaps for several years, been rated on a permanent basis.

Mr. JOHNSON of South Dakota. He would be rated at his 30 per cent and that is all that is required under the law.

Mr. SCHAFER. Partial disability. Mr. RANKIN. Will the gentleman yield? 1\fr. JOHNSON of South Dakota. Yes ; although I have not

much time and must not yield further. Mr. RANKIN. Did I understand the gentleman to say he

would not ·support the bill unless there is an amendment adopted?

Mr. JOHNSON of South Dakota. I did not express it in that way. I said I was going to offer this amendment which I thought would help to secure the final enactment of the bill and would do justice to this group of battle casualties.

The CHAIRMAN. The time of the gentleman from South Dakota has expired.

Mr. RANKIN. Mr. Chairman, I yield the gentleman five minutes more.

Will the gentleman yield again? ~: Mr. JOHNSON of South Dakota. Yes. Mr. RAl\TKIN. If no amendments are adopted, does not the

chairman think it would be better to reco·mmit this bill to the Veterans' Committee to have put in the bill such amendments as he thinks necessary?

Mr. JOHNSON of South Dakota. That is a question for the House to decide and is a question of its policy. I may say to the gentleman I do not think we will ha\e to cross that road, because I think the amendments will be adopted.

Mr. BANKHEAD and Mr. COMBS rose. Mr. JOHNSON of South Dakota. I will yield to the two gen­

tlemen now on their feet, and then after that I must decline to yield further.

Mr. BANKHEAD. Just exactly what does the gentleman mean by a battle casualty?

Mr. JOHNSON of South Dakota. I mean by a battle cas­ualty one who received his wounds in action.

Mr. BANKHEAD. And not otherwise, and you would not apply the compensation to those who received their disability except in actual battle?

1\Ir. JOHNSON of South Dakota. I would not go so far as to say that. I may say that the amendment I am going to offer and which I intend to discuss if I have the time, would provide 50 per cent for those who had not received their wounds in battle and 75 per cent for the battle casualties, carrying out the precedents which I think have been established in this country since the time of the Revolutionary War.

Mr. COMBS. May I ask if the beneficiaries of the pro\isions of the Regular Army retirement service are limited to battle casualties or whether they include the same classifications pro­vided for in this bill?

Mr. JOHNSON of South Dakota. The gentleman knows as well as I do that there is no limit on that. ,

Mr. COMBS. So far as the Regular Army officer is con­cerned.

Mr. JOHNSON of South Dakota. And that is based on an entirely different theory.

1\lr. GREEN. Will the gentleman yield? 1\fr. JOHNSON of South Dakota. I have only one minute

and I must serve notice that tbis is the last time I shall yield. I want to first answer tl1e question of the gentleman from Missouri [Mr. Co:r.rns]. .

This is an entirely different basis, one man entering the service with the idea of malting a life work of it and the other going into the war, as you and I perhaps went into it. The whole question of retirement, pension, and compensation is in-

8446 CONGRESS! ON AL RECORD-HOUSE MAY 11 volved in this statute. I know what we need in the United States to-day-I think I do. We need a committee of this House that would be composed of members of the Military Committee, the Naval Committee, the Civil Service Retirement ,Committee, the Veterans' Committee, and some other commit­tees that would do what we did with the pay act of 19.20-go over the whole question of compensation, pensions, and retire-ment, and draw a complete comprehensive statute. · ·

We have some very peculiar situations. To-day, if an en­listed man is totally and permanently disabled by reason of juries received at the front, he could secure $100 a month, but if a Government employee working in one of the departments hap­pened to stump his toe and get permanently disabled he could get $107 a month. I could take an hour and point out the inconsistencies in our present law, but the inconsistencies can not be cured for the simple reason that the Committee -on World War Veterans' Legislation has one part of the juris­diction, the Pensions Committees another, and the committ~ -of which the gentleman from New Jersey, Mr. Lehlbach, is chairman, another, and there is no single committee where all

,.these problems can be considered in an effort to secure a law 1that would at least be reasonably fair to all the different classes of individuals involved, soldiers or civilians.

I now want to discuss some of the concrete cases under this law. It is very easy to talk about a law from an academic viewpoint, and theories sometimes are helpful. Concrete illus­trations are the most instructive. There happen to be five men in the second congressional district of South Dakota, and every one of them is my close, personal, intimate friend, who ·served in the Army with me, and with many of them I served !in the National Guard from the time I was 18 years old. They are all affected by this act.

On page 4780 of the RECORD, and I presume this is in the minority report also, you will find a list of these men. One is Col. William Adam Hazle, who lives in my own city, whose office is right across the street from mine. I served under him and with him, and, if war were to start somewhere · to-morrow I would want to see him a colonel. If my own two sons were in the service I would like to have them serve with him,

-because not only does he know military tactics, not only is he , a gt·eat soldier in that respect, but he would see that the boys bad shoes on their feet and food in their stomachs if it was possible to do it, and that they would get an even break in the military game of life. He was a lieutenant colonel. He is the present adjutant general of the State of South Dakota, and I am frank- to say I helped him to secure that position because I thought, and I still think, he was the best qualified man in the State for the position.

He is a colonel in the National Guard, and he does his work remark~bly well, and all of us who know him respect his serv­ice. He would get $218.75 a month for life under this bill regardless of his future disability status.

Right across the street from him is Alfred D. Haugen. I have known him for years. He was a great county attorney. He has a total permanent disability. I can refer to his dis­ability without injury to him. He is frozen into a certain position by arthritis deformans. He can not take a step. He can not get out of bed unless some one lifts him out. He Sleeps in a sitting position. He was a great lawyer, he went to Texas, was getting a fine salary, and would have been getting much more if he had retained his health. If he came under the provisions of this bill-which he will not do because he is too smart-it would reduce him from $150 a month to $125 a month in compensation.

I know these cases are not equitable. In the same city lives "Lester Kirkpatrick. That man was shot up and lay on the field for two or three days before they could get him from the battle field. He is 40 per cent disabled. It will increase his pension from $40 to $125. He has a real disability.

Another gentleman on this list was presumpted into a service­connected disability under one of the laws that I sponsored, and I do not think any medical testimony in the world would say that this gentleman did necessarily receive his injuries in the ·service, and yet this law would materially increase his pension.

I favor a law ba ed on the Revolutionary War pension stat­ute. The spread is too great in the proposed law between officers and men. In all the previous wars the rule has been no one should receive more than 50 per cent of his base pay up to the grade of lieutenant colonel. If you do not hold to that rule you are going to make a spread between officers and men that will continually bring the question before the Congress and · before the people, and while it may hurry things that ought to be done in the way of general revision of all the retirement statutes, at the same time it will cause class friction in the United States. I do not belie1e we could justify the law with-

out amending it to cure the objections to which I have referred. [Applause.]

Now, some one else may have amendments that are better phrased than mine. If so I am perfectly willing that they should offer their amendments. If they do not do so, believing it to be my duty, I shall offer the amendments, and I hope they will be adopted, on the theory that we can pass a bill that will take care of the real battle casualties and secure legislation that we can justify in our own minds.

1\Ir. SPEAKS. Will the gentleman yield? Mr. JOHNSON of South Dakota. Yes. Mr. SPEAKS. In a)l honor and in all fairness to everybody­

to the American Legion and the membership of this House-does not the gentleman believe that up to the beginning of debate upon this bill fully 90 per cent of the Legion and of the mem­bership of the House were almost wholly uninformed as to what results would follow if it should be enacted into law?

1\Ir . .JOHNSON of South Dakota. I will_ say that 90 per cent of the House do know what is in the bill and I think the great personnel of the Legion know something concerning it, but how much I do not know. I do know that eventually all will know what is in it, and eventually will secure the sort of legis­lation that we ought to secure along this line. [Applause.]

I shall now give a short synopsis of previous retirement and pension legislation, together with a discussion of the differences between S. 777, under discussion, and my proposed substitute. The substitute will be offered after the reading of the bill.

RETIREMENT

The statutes provide that where any regular officer has be­come incapable of performing the duties of his office he shall be either retired from active service or wholly retired from the service by the President. In defining the phrase " incapable of performing the duties of his office" the Attorney _General (27 Op. Atty. Gen. 14) said:

An officer of the Army found by a retiring -board duly organized and convened to be incapable of performing the duties of his office may be and ought to be retired, without regard to the causes which may have led to such incapacity on his paxt, but to be incapable. the officer must be either no longer responsible for his own actions or subject to in­firmities or disabilities which ma.ke the reasonable fulfillment of his military duties impossible for him, notwithstandil_lg an honest desire and fum purpose on his paxt to fully discharge them. Even though such officer display impatience or irritability, imperfect control of his temper, intolerance, indecision, and want of alertness in the perform­ance of his duties to such an extent as to destroy or greatly impair his usefulness as an officer, he does not thereby necessaxily become incapable of discharging his duties in "such sense as to justify his retirement.

Section 1254 of the Revised Statutes-the act of June 10, 1872, chapter 419-provides that officers hereafter retired from active service shall be retired from the actual _rank held by them at the date of retirement. However, the act of March 3, 1875, chapter 178, further provides that all officers of the Army who have been theretofore retired by reason of disability aris­ing from wounds received in action should be considered as retired upon the actual rank held by them whether in the regular or voluntee·r service at the time when such wound was received, and that they should be borne on the retired list and receive pay after the passage of that act accordingly. Thl) act of April 23, 1904, chapter 1485, provided that any officer of the Army below the grade of brigadier general who served with credit as .an officer or as an enlisted man in the regular or volunteer forces during the Civil War ptior to April 9, 1865, otherwise then as a cadet, and whose name js bor-ne on the Official Register of the Army, and who has heretofore been or hereafter may be retired on account of wounds or disability incide-nt to service may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him at the time of retirement.

By the act of March 4, 1915, chapter 143, paragraph 1, it was provided t11at any brigadier general on the retired list who had held the rank and command of major general of vol­unteers, and who served with credit in the regular or volun­teer forces during the Civil War prior to April 9, 1865, could be appointed by the President by and with the advice and consent of the Senate to the grade of major general, placed on the retired list with the pay of brigadier general. This same act further provides that any officer then on the retired list of the Aimy who served with credit for more than two years as a commissioned officer of volunteers during the Civil War prior to April 9, 1865, and who subsequently served with credit for more than 40 years as a commissioned officer of the Regular Army, including service in command of troops in :fi:ve Indian

:!928 OONGRESSION AL RECORD-HOUSE 8447 . campaigns, the war wit - Spain, and the Philippine insurrec­tion, and to whom the congressional medal of honor for most distinguished conduct in action has been twice awarded, and who was also brevetted for conspicuous gallantry in action may be placed on the retired list of the Army with the rank and retired pay one grade above that actually held by him at the time of his retirement from active service in the Regular Army.

various other acts have been passed providing for retire­ment in one grade higher than that held by the officer at the time of retirement, including brigadier generals and colohels, for meritorious service, particularly service during the wars in which the United States has been engaged.

Section 1275 of the Revised Statutes provides that officers retired from active service shall receive 75 per cent of the pay of the rank upon which they are retired. This same act also provides that officers wholly retired from the service shall be entitled to receive, upon their retirement, one year's pay and allowance of the highest rank held by them whether by staff or regimental commission at the time of their retirement. The law also provides that, except in cases of officers retired on account of wounds received in battle, no officer on the retired list shall be allowed or paid any increase · of longevity pay beyond that which bad accrued upon the date of their retire­ment. This act, which was passed March 2, 1903, provides as to officers already retired on ana after the date of its passage, no further increase of longevity pay would be allowed.

Regular Army officers are retired by an Army retiring board consisting of not more than nine nor less than five officers, two­fifths of whom are to be selected from the Medical Corps. These boards, as far as possible, are composed of men senior in rank to the officer whose disability is inquired of. The Secretary of War, under the direction of the President, assembles such boards from time to time, the members of the board are sworn in each case to discharge their duties honestly and impartially. The duties of a retirement board are to in­quire into and to determine the facts tquching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office. Such boards have powers of courts-martial and of courts of inquiry.

Section 1249 of the Revised Statutes provides that when the board finds an officer incapacitated for active service it shall also find and report the cause which, in its judgment, has pro­duced his incapacity, and whether such cause is an incident of service. The proceedings and decisions of the board are trans­mitted to the Secretary of War and then laid before the Presi­dent for his approval or disapproval and orders in the case. Where the President approves the findings of a board that an officer is incapacitated for active service and that his incapacity is the result of an incident of service, the officer is retired from active service and placed on the list of retired officers. However, where the President approves the findings of a board to the effect that the officer is incapacitated for active service, but that his incapacity is not the result of any incident of service, the officer is retired from active service or wholly retired fi·om the service in the discretion of the President. The names of officers wholly retired from the service are omitted from the Army Register.

The statutes provide that no· officer shall be retired from active service nor wholly retired from the service without a full and fair hearing before an Army retiring board, if upon due summons he demands it In the case of Miller v. United States (19 C. Cls. 338) it was held that when the Presi­dent approves and acts upon the findings of the retiring board he thereby determines that the officer has had a full and fair bearing. With reference to the finality of the Presi­dent's decision where be bas approved the findings of the board of officers, attention is invited to the case of McBlair v. United States (19 0. Cls. 528) wherein it was held tha,t the President ha~ the power, upon the report of the retiring board, to retain the officer in active service, retire him from active service, or wholly retire him. It was also held in the same case, however, that such power was not a continuing nne and was performed to the extent of its existence by the one act of the President and, having once determined, he can not review his decision nor correct an error of judgment therein.

Officers on the retired list are entitled to wear the uniform of the rank on which they may be retired. The law also pro­vides that they shall be continued to be borne on the Army Register and shall be subject to the rules and Articles of War and to be tried by court-martial for any breach thereof.

These men may be called to active service or for any other duty that may be specified by the Secretary of War, and while called to such duty they are entitled to receive rank, pay! and -allowances of the grade on the active list not above that of majoi.· which they would have obtained in the due course of promotion had they remained on the active list.

The Secretary of War is required by law to make a list of all officers of the Army who have been placed on the retired list for disabilities and to call such officers to be examined at intervals, and such officers if found to have recovered from such disabilities are assigned to such duty as the Secretary of War may approve.

PE~SIONS

The first Federal law relating to pensions was enacted Sep­tember 29, 1789, and provided in substance that the military pensions which had been granted and paid by the States, re­spectively, in pursuance of the acts of the United States in Congress assembled to the invalids who were wounded and disabled during the Revolutionary War should be continued and paid by the United States from the 4th day of March, 1789, and to continue for the space of one year under such regula­tions as the President might direct. This provision was con­tinued in force from time to time by subsequent statutes.

On March 16, 1802, Congress enacted an act providing that if any officer, noncommissioned officer, musician, or private in the corps composing the peace establishment shall be disabled by wounds or otherwise while in the line of his duty in public service he shall be placed on the list of invalids of the United States at such rate of pay and under such regulations as the President might direct. A proviso was added that the com­pensation to be allowed for such wounds or disabilities to a commissioned officer should not exceed for the highest rate of disability one-half the monthly pay of such officer at the time of his being disabled or wounded, and that no officer should receive more than the half pay of a lieutenant colonel. This act further provided that the rate of compensation to noncom­missioned officers, musicians, and privates should not exceed $5 per month. Inferior disabilities entitled the person so dis­abled to receive an allowance proportionate to the highest ~~~ - -

On April10, 1806, an act was passed providing that any com­missioned officer or noncommissioned officer, musician, soldier, marine, or seaman disabled in the actual service of the United States while · in the line of his duty by known wounds received during the Revolutionary War had a~ any period since then become and continued disabled in such manner as to render him unable to procure a subsistence by manual labor should, upon substantiating his clainl, be placed on the pension list of the United States during life or during the continuance of such disability. The rate of pension allowed by this act to a com­missioned officer was one-half of the monthly pay legally allowed at the time of incurring his disability. A full pension to a noncommissioned officer, musician, soldier, marine, or sea­man was $5 a month. It was further provided that for less than total disability a proportionate amount would be allowed to the extent of the disability, and further, that no pension of a commissioned officer should be calculated at a higher rate than the half pay of a lieutenant colonel.

On April 10, 1812, certain additional persons were included as eligible to pensions under similar provisions to those here­tofore mentioned. ·

On Aprll 24, 1816, an amendment was enacted to the pension statutes to the effect that all persons of the rank specified who had been on the military pension rolls of the United States on the 24th day of April, 1816, should from that date be entitled to and receive for disabilities of the highest degree the follow­ing sums in lieu of those to which they were then entitled, to wit:

Per month

[~~~dli~~~i~~t======================================:::::: $f~ Third lieutenant_____________________________________________ 13 Noncommissioned officer, musician, or private__________________ 8

Subsequent to this time and from time to time certain addi­tional classes, sueh as persons who served in the Black Hawk War, the Creek War, and the Indian depredations in Florida, and so forth, were included as eligible for pensions. Subse­quent to the Mexican War section 4730 of the Revised Statutes was enacted, which provided invalid pensions for war with Mexico. Under this act officers, noncommissioned officers, and privates, and so forth, whether of the Regular Army or volun­teers, disabled by reason of illjury received or disease con­tracted while in the line of duty in actual service in the war with Mexico or in going to or returning from the same, who received an honorable discharge, were entitled to a pension proportionate to his rank and disability not exceeding for. total disability one-half the pay of a lieutenant colonel.

On J"uly 14, 1862, an act was passed ( sec. 4692, Rev. Stat.) making eligible for pensions certain classes of persons disabled in consequence of wounds or injury theretofore or thereafter received in line of duty at certa-in specified rates. 'l'he persons specified in these classes were officers of the Army, Navy, or.

8448 CONGRESSIONAL RECORD-HOUSE MA_y 11 Marine Corp , including regulars, volunteers, and militia, as well as certain other persons enumerated.

Section 4695 of the Revi ·ed Statutes, which specifies pensions for total disability, provides that-

For lieutenant colonel and all officers of higher rank in the military service and in the Marine Corps and for captain and all officers of higher rank in the Navy, $30 per month.

For major in the military service and in the Marine Corps and lieutenant in the naval service, $25 per month.

For captain in the military service and in the Marine Corps and master in the naval service, $20 per month.

For first lieutenant in the military service and in the Marine Cofps, $17 per month ;

For second lieutenant in the military service and in the Maxine Corps and ensign in the naval sel'Vice, $15 per month.

For midshipmen and noncommissioned officers of the Navy, including wan-ant officers, $10 per month.

For all other persons not mentioned, $8 per month. (A master in the naval service then would now be lieutenant,

junior grade.) On March 2, 1895, a minimum pension law was passed pro­

viding in effect that no pension should be less than $6 a month. On April 24, 1906, an amendment was enacted to the pension

laws providing that the age of 62 years and over should be considered a permanent and specific disability within the me.:'ln­ing of the pension laws. On March 4, 190'7, this definition of permanent and specific disability was extended to cover various acts granting pensions to persons who served in the Civil War and war with Mexico. On May 11, 1912, an act was passed providing for a service pension of $30 per month. A proviso to thi act entitled all per ons who served in the military or naval forces of the United States during the Civil War and received an honorable discharge, and who were wounded in battle or in line of duty and were unfit for manual labor by reason thereof or who, from disease or other causes incurred in line of duty resulting in disabilities which made them unable to perform manual labor, $30 per month.

By the act of May 1, 1920, pensions for Civil War, war with Mexico, and the War of 1812, were increased to $50 per month and for certain serious cases, such as persons helpless or blind, $72 per month. This act also provided for maimed soldiers of the Civil War who received disability while in the ·ervice of the United States in the Army, Navy, or Marine Corps in the line of duty. The rates were as follows :

Loss of one hand or one foot, or being totally disabled in the same, GO per month.

. Loss of arm at or above elbow, or a leg at or above the knee, or being totally disabled in the same, $65 per month.

Loss of arm at the Shoulder joint or leg at the hip joint or so near shoulder or hip joint, or where the same is in such condition as to prevent the use of an artificial limb, $72 per month.

Loss of one hand and one foot, or being totally disabled in the same, $90 per month.

Loss of sight of both eyes, $100 per month.

Subsequently, on May 5, 1926, an act was pas ed increasing the amounts for the disabilities specified in the preceding para­graph to $65, $75, $85, $100, and $125, respectively.

On October 6, 1917, an amendment was enacted to the war risk insurance act providing for compensation for men disabled during the World War at the rate of $30 per month for total disability incurred in line of duty, irrespective of rank, and proportionately less amounts for inferior disability.

On December 24. 1919, an act was passed increasing this amount to $80 per month for temporary total disability and $100 per month for permanent total disability. In connection with the temporary disabilities, certain additional allowances were provided for dependents. This act also provided that if the disabled person was so helpless as to be in constant need of a nurse or attendant, an additional sum not to exceed $20 a month would be payable. These rates of compensation still re­main in the law, with the exception that for men incompetent who have been maintained by the Government for a period of six months, and who have no dependents, the rate of compensa­tion has been reduced to $20 per month during the period they are under governmental care, and the rate for an attendant has been increased to not to exceed $50 per month.

On June 7, 1924, the World War veterans' act was passed, which took the place of the war risk insurance act, as amended. This act provided no increase in amount of compensation pay­able for a disability, but removed the necessity for such dis­ability being incurred in line of duty, the new requirement being that the disabi1ity be incurred in the service or aggra­vated by service and such incurrence or aggraYation not be the result of willful misconduct.

It must be remembered in conne~ion with pension legisla­tion that general pension laws haye recently been enacted granting pensions at higher rates than the pay of officers durin<>' previous wars; at least those preceding the Spanish-Americ~ War. To all intents and purposes, because of these general laws, the distinctions in ranks which have theretofore existed in the pension laws have been practically eliminated.

The preceding is not intended as a complete history of the pension laws of the United States, but is merely a brief sketch of the same for the purpose of bowing the distinction which has been recognized between battle-incurred _disabilities, severe disabilities, and others, and the recognition of difference in rank. COMPARISON OF ·PROPOSED DRAFT WITH S. 777 AND THE LAWS RELATING TO

PID<SIONS A. D RE'.rffiEM.E:r-.,-

Section 1 of the proposed substitute draft is essentially the same as lines 1 to 12 ending with the word "service " of sec­tion 1 of S. 777, except that the rest riction to officers who served during the World War and who were di abled in such war has been removed and the act made applicable to officers of any war, and there have been ubstituted for the words "and who have," on line 7, pao-e 1, down to the words "war service" on line 4, page 2, the words "which at the time of application for retirement under this act incapacitates him for military service." This change was made in order to place the disabled emergency officers as nearly on a parity with the retired officers of the Regular Army as is possible.

Section 2 of the proposed sub titute draft is in lieu of page 2, commencing with the word" and," in line 12, and ending with the date "1920," on line 23 of the same page of S. 777. The pro­visions of the two bills with reference to privileges for emer­gency officers are the same as the privileges given to Regular officers on the retired list. However, the pay and allowances are changed from 75 per cent of the pay of the officer at the time of his discharge from the commissioned service, except pay under the act of May 18, 1920, as is provided in S. 777, to 50 per cent of the pay of the grade of the officer at time of separation from the active service, computed on the basis of the pay al­lowed by the act of June 10, 1922, entitled " The pay re.adjust­ment act," but in no event more than 50 per cent of the pay of a lieutenant colonel. The new draft also provides that where any person who would be entitled to the 50 per cent provision has suffered the los of any member or part of the body or the u e thereof, as the result of a wound received in battle, or has reached the age of 70 or more, shall be entitled in lieu of the 50 per cent to 75 per cent of the pay of his grade at time of separation from the active ervice, computed on the basis of the same pay act and in no event to be more than 75 per cent of the pay of a lieutenant colonel.

Section 3 of the proposed sub titute draft is es entlally the same as section 2, on page 4 of S. 777, with the exception that the definition of the term" World War" has been eliminated. In view of the fact that the propo ed draft is to cover officers who served in any wa1·, and the periods of those wars are well known, it was not felt necessary to define any one war unless the period ordinarily accepted as the period of any war was to be changed for the purposes of this act.

Section 4 of the proposed substitute draft is a new section for the purpose of carrying into effect the change in section 1 of S. 777, which has previously been described.

Section 5 is a new provision inserted for administrative rea­sons and merely specifies that payments under this act shall be made in accordance with awards by the director and determines that such awards are to be effective from the date of applica­tion. This provision does not change the method of payment as wa contemplated by S. 777, on page 2, lines 19 and 20.

Section 6 is a new provision to the effect that the director shall cause officers on the emergency officers' retired list to be examined from time to time and that when they shall have been found to have recovered from their disability by the director their name shall be removed from such list and their retirement pay discontinued. S. 777 made no provision for the removal of the e officers from the I'etired list or the discontinuance of their retired pay, notwithstanding that they might re­cover from their disabilities. It was believed that such a pro­vi. ion should be incorporated in the bill. This added section also brings the disabled emergency officers more nearly on a parity with the Regular officers of the Army on the retired list, as it is provided for them that they shall be examined from time to time, and when they recover they are ordered to active duty by the Sec1·etary of War.

Section 7 of the proposed substitute draft is essentially the same as the p1·ovisions of S. 777, commencing on line 24, page 2, down to line 7, page 3. It merely provides that pay-1 mepts under this act shall be made out of the approp~OIJ,:j

1928 CONGRESSIONAL RECORD-HOUSE 8449 for military and naval compensation, and that during receipt of such pay and allowances the disabled emergency officer shall not be paid compensation. Attention is invited to the change of language with reference to the bar against payment of com­pensation. S. 777 would bar the officer entirely from re­ceipt of compensation, whereas section 7 of the proposed sub­stitute draft would merely deny him compensation while in receipt of retired pay.

Section 8 of the proposed substitute draft is a substitute for lines 17 to 19, ending with the word "Bureau," on page 2 of S. 777. Under the provisions of the proposed substitute draft the emergency officer is given the right to hospitali­zation under section 202, paragraph 10, of the World War vet­erans' act, which merely entitles him to hospitalization in a Government hospital under certain conditions, whereas the pro­visions of S. 777 would have entitled the disabled emer­gency officer to hospitalization at the expense of the Govern­ment, either in Government hospitals or, if none such were available, in private hospitals. In view of the fact that Regu­lar: officers of the Army who are retired are not entitled to any hospitalization at the present time under the World War vet­erans' act, and the only suggested amendment to that law has been to grant them hospitalization under section 202, paragraph 10, of the act, it was thought more equitable to endeavor to place these officers on a parity.

Section 9 is a new provision to the effect that where any person entitled under the act is incompetent or for any other reason unable to apply, an application may be made by his duly authorized legal representative. It further provides that where an emergency officer is insane and has been maintained by the Government in an institution for a period of six months and he has neither wife, child, nor dependent father or mother, he shall be entitled to the benefits of this act. It is believed that the first part of the new section is absolutely essential in order that those persons who may be eligible under this act, but who are incompetent, may receive its benefits. Fur­ther, it was thought that in view of the fact that Congress has recently reduced the compensation of all men who are insane and who have been maintained by the Government in an in­stitution for six months to $20 per month, it would be incon­sistent to provide an additional amount for such men as happen to be disn bled emergency ·officers.

Section 10 of the proposed substitute draft is a new section added for the purpose of placing all disabled emergency offi­cers on the same plane. It merely provides that those men who haT'e been heretofore retired must apply under the new act and shall only be entitled to the new rate of retirement pay.

Section 11 is a new section added merely for the purpose of administration. This section was added in view of the experi­enc~ of the bureau in connection with the World War adjusted compensation act where no appropriation for the administra­tive expense of admini ·tr·ating that act was made and it was necessary to resort to various means in order to set up the machinery to carry the act into effect.

There is one additional outstanding change which has not heretofore been mentioned, and that is the requirement under the proposed substitute draft that the applicant, in order to be

. entitled. shall not have been dishonorably discharged or dis­mis.:ed from the service. S. 777 is silent with reference to this matter, and it was felt that it was not the intention of the framer of the bill that a man who was dishonorably discharged from the service or separated from the service other than under honorable conditions should be entitled to its benefits.

It will be noted that the pay readjustment act of June 10, 1922, has been used as a basis for computing the pay of retired officer· under this act. In view of the fact that the emergency officers of aU wars are to be included it was thought that this pay act could be equitably used for all officers. Of course, the committee can very easily change it to any other pay act which it sees fit to use.

The last section of the proposed substitute draft provides for assignment to duty of disabled emergency officers by the Secre­tary of War. This section is added in order to place the dis­abled emergency officer in the same status as the Regular re­tired officer. It may be, however, in view of the lesser pay which the emergency officer will draw, that such a section is not desirable.

l\lr. RANKIN. Mr. Chairman, I yield 10 minutes to the gentleman from Alabama [Mr. HUDDLESTON].

Mr. HUDDLESTON. Mr. Chairman, I can not answer the question just asked by the gentleman from Ohio [Mr. SPEAKS] but I am prepared ,to say that fully 90 per cent of the Members of the House who have promised to vote for this bill did uot know at the time that they gave the promise just what wa · ~nvolved in it. [Applause.] Although I a!Jl not a Member of

the American Legion I can say this, that 90 per cent of those I have talked with who belong to the Legion did not know what was in the bill or what its significance is. I can go further and say that 90 per cent of the enlisted veterans who have mentioned the bill to me ha\e been against it.

Mr. CONNERY. Mr. Chairman, will the gentleman yield? 1\fr. HUDDLESTON. Excuse me, I have not the time. I commend the frankness of those of the advocates of this

bill who have admitted that it is a pension measure. It is a pension measure. It is wholly obvious that it is a pension measure. Any attempt upon the part of anyone to represent it to be anything else must result in failure. The issue which we have to decide is whether as a pension measure we can defend it. I ask each of the Members of the House, can you defend as a pension measure, a, piece of legislation which gives a brigadier general $375 a month with a 30 per cent disability, when you give to an enlisted man only $30 a month for the same disability? I am not one of them but there are those who believe that there should be some difference in behalf of the officers. They feel that the magic wand of military au­thority having touched the shoulders of a commissioned man, he at once becomes a knight, and is entitled to be held of su­perior strain during his service in the Army as well as there­after as long as he may live.

I ask you whether there shall exist between those who have been so knighted and the man who stood in the ranks, who did the sweating and the digging, and who had no opportunity for distinction and none to make him famous, whose only chance was to serve his country and to die in that service-! ask you, can you justify such a difference as that? [Applause.]

There is gross discrimination in this bill, discrimination which can not be justified. There is discrimination not merely between the commissioned officer and the enlisted man, but among the commissioned officers themselves, in their various rankr:;.

I do not know of anything which illustrates the injustice done better than to look over the list of the beneficiaries of this bill. Naturally, I turn to my own State, and I find an instance which shocks me beyond measure. I find here on page 7 of the list of beneficiaries attached to the minority report the name Frank Murray Dixon, of my home city. He is a fine young man who went into the service and lost his leg and has other disabilities, under all of which he is now rated 100 per cent permanently disabled. He was recently department commander of the Legion for the State of Alabama, and notwithstanding his physical handicaps is now trying to practice law. He is tryi.I!g to carry on. You meet him on the streets of my city, and a fine look of courage is in his face. He served as a second lieu­tenant, and under the law as it now stands he receives $100 a month for total and permanent disability. According to the figures made by the minority of the committee, if this bill should pass he would receive · $93.75 per month. If he elects to avail himself of the provisions of this bill, Frank 1\f. Dixon will be cut from $100 a month to $93 a month. Some one has said that the amount would be $106. It does not make much dif­ference as far as my point is concerned which figures are correct.

I turn over to the next page of the report and I find the name of my friend and colleague, Congressman LAMAR JEFFERS, a fine soldier, an excellent gentleman. I am delighted that he was disabled no worse. than he is. He has a rating of 30 per cent permanent disability. He is now receiving $30 a month, but because he happened to be a major while in the service, if this should become a law, he will receive $187.50 a month.

I ask you gentlemen in all fairness and justice, can you go home to your constituents and say that you voted to give a totally disabled boy $93.75 a month, when he was already get­ting $100 a month, and voted at the same time to give a Mem­ber of Congress, who is drawing a salary of $10,000 a year, and who has only 30 per cent disability, $187.50 a month for as long as he may live?

l\.lr. CONNERY. 1\Ir. Chairman, will the gentleman yield? 1\Ir. HUDDLESTON. The gentleman will excuse me. That

is an instance that comes home to us all. This list is full of such glaring inconsistencies. It is full of instances in which men with large disability receive less than those with small dis­ability. It is a pension system which you are passing, and how can you defend yourselves for not basing the amount of pension upon the extent of disability? Is it sensible, is it · honest, is it good public policy to give a man who is totally disabled the same as you would give him if he was only 30 per cent disabled? That is what this bill does. As a pension measure it is illogical, and I say to you that it is indefensible.

It can not be too often pointed out nor overemphasized that Congress has already pas ed upon the issues involved in this bill and fixed upon a definite policy, and that what is sought now is a complete subversion of the congressional policy, which we previously adopted.

.8450 CONGRESSIONAL RECORD-- HOUSE }fAy 11 Mr. JOHNSON of South Dakota. Mr. Chairman, will the

gentleman yield 1 Mr. HUDDLESTON. The gentleman will please excuse me .

. In . 1917, when the war was yet young, Congress dealt with this subject and decided upon the principles which should gov­ern in benefits for disabled soldiers. We created the War Risk Bm·eau and provided for soldiers' allotments to their depend­ents and for insurance for those who might lose their lives and for pay to the disabled.

The committee then brought before the House a bill which based its benefits to the disabled upon percentages of . the pay which the soldiers were receiving. It provided that an officer if disabled should receive a certain percentage of his pay and that an enlisted man should receive the sa~e percentage of his pay. That bill was framed upon a purely compensatory basis, such as the States have in force applicable to men at work at a sawmill or a coal mine. In that form the measure w.as brought before the House. After full debate, in which I had the honor to participate, that discriminatory principle in the bill was put under foot and the principle of absolute democracy and equality among its beneficiaries was adopted. All were put on an equality and each man, whether high or low in rank, was to receive the same amount for the same disability.

A part of what I said in the debate on that bill, as is printed in the CONGRESSIONAL RECORD of September 11, 1917, beginning on page 12731, is:

In this bill we have a different principle recognized. Men who are injured are compensated according to the pay which at the time of the injury they are drawing from the Government as soldiers. Some of them get several hundred dollars per month; others get only a trifling sum. It has remained tor the authors of this bill to present the prin­ciple to the American Congress that an American soldier serving his country In an emergency such as now exiSts should be compensated exactly upon the same plane as a workman ; that he should be paid for his injuries just exactly as be would be if he were a laborer in a sawmill or a brakeman on a railroad. He is paid in proportion to what he is drawing down 1n pay when he is injured. It has remained for this measure to put the honorable service of soldiers in defense of our flag upon the mean and sordid basis of commercial gain and the earning capacity of men in civil life.

The reputed authors of this bill are sociologists. They are ac­customed to drawing workmen's compensation laws for injuries received in civilian pursuits. They have not comprehended for a moment the light that lies in the path of the man who fights for his country. They have not realized for a moment that every American soldier now in the rankS, with the exception of a few professionals who were in the service before this war came on, is a citizen soldier; that it is an army of men who are equals. Oh, I have heard a lot of talk recently about democ­racy. I would like to see our Army made safe for democracy. How can you say that you have a democratic Army; how can you say that conscription is democratic, that it is just, when you force some men into the ranks at the low pay of $30 a month when others have rushed off to training camps, having had college educations and social positions good enough to stand the tests, and now are to be further favored as p'roposed by this bill 1 How can you afford to discriminate betwe~n these equally deserving men, whether officers or men, when they are soldiers in the field; to discriminate between their families at home; to discriminate between them when they come home maimed and bleeding from service in their country's cause; and when they fall upon the battle field to discriminate between their widows and orphans 1

I refer now particularly to the discrimination in the compen­sation for injury. What is the foundation for such discrimina­tion 1 Those men were equal at home. Many of the officers of the National Guard were just common fellows, of the sort that Regular Army officers sort of look over their left shoulders at. Some of them have e-ven been workingmen. Think of that! [Laughter.] They have worked their way up in the National Guard and perhaps have no large earning capacity. There are plenty of officers in the National Guard and plenty of them in the National Army-officers who were college boys, put into the Army through training camps-plenty of them who are making more money to-day in the Army than they ever made before in their lives. On the other hand, there are thousands of splendid men who have volunteered, and thousands of others just as splendid who have been conscripted, who have left good jobs, where some of them were earning as much money as some of the officers now get, and who are peers to any man who carries a sword at his side.. It is a rank discrimination.

We are .not dealing with professional soldiers. Your bill is all right if it was designed only for a professional army-the Regular Army, with its professional pdvates and its profes­sional officers. It is all right for them, because their rank in

the Army has a relation to their social position and earning capacity. But it is all wrong when it is applied to the great citizen army, a great army composed of men who are equal, a great army that is taken by force or by volunteering from all the- people. There should be no discrimination among these men. Now, Mr. Chairman, I have been a soldier and I know what it is,..... I know the difference between being an officer and an enlisted man. I know the difference between canying a sword and carrying a gun. The difference is as great as between the owner of the factory and the humble laborer in it. The dif­ference is just as wide as that between the owner of the sawmill and the man who totes off the slabs. It is just as sub tantial and means as much.

A lot of people who have had no experience as soldiers think that being a soldier is fighting and running the risk of death. That is the smallest part of being a soldier. Being a . oldier is being a drudge, a laborer; it is digging and sweating; it is standing guard. It means being cold when you would like to be warm ; it means being wet when y0u would like to be dry ; and it means being hungry when you would like to be fed. An<l I want to tell you that all these things bear heaviest on the en­listed man. They do not bear much on the officer.

1\Ir. Chairman, as I was saying, we have taken thousands of young men of college education and good social po ition into the training camps. They were subject to conscription like the common man's son. They did not want to be pri­vate soldiers. I do not blame them. If I were one of them, I would try to be an officer because I should not want to do the sweating and the digging. But many of their brothers or other men ju t as good as they are have got to go and fight in the ranks, many of them have got to go as private soldiers, and the only pay they get is $30 a month. l\Iany of the young men who went through the training camps had no great earning capacity, but now they are drawing $180, $250, $300 a month, or whatever they get. But we are not content merely to give the officer the be t of it in regard to pay. When he is in the field we let him carry a sword, and that is his only weight, while the PQOr ptivate has to carry a gun and other baggage weighing 30 or 40 pounds. We are not sati fied to let the officer stay in the tent in the shade, while the humble enliRted man digs in the ditches, stands guard, and does other hateful tasks-oh, I had rather fight a thou~and battles than do this monotonous drudgery of camp life--we are not content to give the officer the best of it all along the line, we are not content to give him a chance to make omething out of himself, to have his name mentione<l in the dispatches, and come home as a hero, while the man that is doing the fighting in the trenches is not mentioned at all. Nothing is thought of the humble private; there is no chance of promotion, no distinction nor honorable mention for him. All this is inevitable in military life. Yet we propose to further discriminate between tbe enlisted man and the officer, to discriminate between them when they come home with equally honorable scars, between their mothers, the mothers who gave birth to them, who nouri hed them, between their widows and orphans, when officer and man, heroes alike, lie dead upon the battle field. [Applause.]

I had my speech printed in pamphlet and sent a copy to every voter in my district. Many things that I have done and aid have been criticized, but for the sentiments expre se<l in

that debate no word of criticism from a constituent has eve:r come to my ears.

Mr. CONNERY. l\!r. Chairman, will the gentleman yield 1 Mr. HUDDLESTON. The gentleman will excuse me; I can

not yield. It was in September, 1917, that action was taken. Under that

law millions of young Americans went into the service. Under that action the officers performed their duties. Every man in the whole Army knew that this principle of democracy had been adopted, and necessatily he relied upon it. Every officer who served knew that he would be entitled only to the same compensation that the commonest private in his command would receive, in the event he became disabled.

If there was a trade at all, that was the trade. Talk of promises is ridiculous. There were no promi es. There was a definitely established policy of law, and upon that policy so adopted officers and men enlisted and went out to fight for their country.

No man, not even including my friend from Massachusetts [Mr. CoNNERY], ever rejected a commission because the com­pensation was not on the basis he desired. I never heard, be­fore my friend spoke yesterday, of any man rejecting a commis­sion and preferring to fight in the ranks. I have myself been a private soldier, and I know what devolves upon a private soldier in war, and if I did not have gr~t faith in my friend from Massachusetts I should suspect his yeracity when be as­sures me that he declined a commission.

1928 CONGRESSIONAL RECORD-HOUSE 845l Mr. CONNERY. l\Ir. Chairman, will the gentleman yield;

since he has referred to me? Mr. HUDDLESTON. No; I regret I can not yield. I want the Members of the House to feast their eyes on one

man [Mr. CoN "ERY] who refused to accept the honor of a commission who refused to accept the salary, who refused to accept the 'social position and the best of everything that the Army had to offer, and instead chose to cast his lot among the lowly and the louse-bitten. [Laughter.]

My heart goes out to any man who serves his country. I have had an extraordinary sympathy with the disabled and all other ex-soldiers, and I have voted for every measure that has been proposed in this House for their benefit. I voted ~or the increase in pay of those in the service and for all relief measures proposed for those who are disabled. I have always raised my voice on that side.

Let me tell you, moreover, by way of a little bit of "brag­ging " that I am the man who invented the bonus. On Decem­ber 7 1918 on the very first day of the session of Congress after' the a~·mistice was signed I introduced· the first soldiers' bonus bill that was ever offered in Congress. [Applause.] And on January 9, 1919, before the Amelican Legion had e:ven been organized and before anybody else thought of such a thing, I made a speech in behalf of a bonus for soldiers. · I stand now as I have always stood, willing to do anything

reasonable in 'behalf of the soldier, so long as it is put upon the basis of equality. But I tell you now that nev~r will. I consent to give those who enjoyed the best of everything while they were in the Army, as against those who had the worst of everything while there-never will I vote to give the~ a superior position in civil life. To me the~ all look alik~. There are no more colonels, no more captams, no more pri­vates; they are just all patriotic men who should stand on a b.asis of equality. [Applause.]

The idea back of all pensions and other soldiers' benefits is that we give these gratuities in order to insure that the coun­try will not lack for defenders in the future. Let me tell you that the best way to be sure of defenders in the future is to keep America worthy of defense. So long as we hold fast to the principles of democracy there need be no fear that ~be great masses will fail when you call upon them for serviCe. But when we make distinctions, when we prefe1· class above class, when we come to countenance privilege, when we discriminate between citizens of equal worthiness-then bring on your con­scription laws. We will have need of them because men will not serve willingly. [Applause.]

Mr. ROY G. FITZGERALD. Mr. Chairman, I yield myself five minutes.

The CHAIRMAN. The gentleman from Ohio is recognized for five minutes.

Mr. ROY G. FITZGERALD. l\Ir. Chairman, I wonder how many of the Members of the House have read a very thought­compelling work by Lothrop Stannard entitled "A Revolt Against Civilization "? If that book had not already been written, I am sure the author would have 1·ecognized material for the book in what we have just listened to. Think of it! An officer shot through the face, shot through the bead on the battle field, lying out here in Walter Reed Hospital when Congress assembl~d in 1920, with his face mutilated so hide­ously that it was horrible to look at. He is patched up and elected to Congress by patriotic people in Alabama. He is abused in this House because he happened to be an officer.

It is popular with cynics to say that ·the Members of the Congress do not know anything about the legislation that is being considered ; and I know it is quite popular with those who do ~ot like the American Legion to accuse it of ignorance and to accuse it of not knowing what it is engaged in with respect to its activities in this House. Yet, I am co~dent that the American Legion in tije State of Mississippi knows what is going on and understands what it advocates. I want to read here just one sample of hundreds of communications tQ.at have bee;n rereived, a resolution of the American Legion post at Corinth, l\1iss., because it speaks for the enlisted man; and I speak of it because the Legion of the State of Mississippi, which may be dreadfully misinformed and as ignorant as this House and as ignorant as the American Legion is said by the opponents of this bill to be about its policy, has indorsed this bill. I read :

THE PERRY A. JOHNS POSTJ No. 6J

DEPARTMENT OF MISSISSIPPIJ Corinth, Miss. , May 3, 1928.

Whereas the House of Representatives, Congress of the United States, now has b('fore it a measme that has the unanimous support of all veterans' organizations in America and of a vast majority of all veterans cf the World War; and

Whereas this measure is the Tyson-Fitzgerald bil1, which accords to the disabled emergency officers of the Army that retirement which the disabled emergency officers of the Navy and Marine Corps received some years ago; and

Whereas a small but active minority in the House has been working against this measure and saying that the former noncommissioned offi­cers, privates, and sailors of the Army, Navy, a.nd 1\Iarine Corps were opposed to the same and considered it a discrimination against them: Therefore be it

Resolved, That we, the members of the Perry A. Johns Post, No. 6, American Legion, of Corinth, Miss., who served without commissions in the armed forces of the United States, do hereby declare our unqualified approval of the above bill ; that we urge our own Congressman and the Representatives of other Mississippi districts to vote for the same ; be it further

Resolved., That we send copies of this resolution to every Mississippi· Representative in Congress and to the Hon. RoY G. FITZGERALD, M. C., the coauthor of the bill, for publication in the CONGllESSIONAL RECORD.

Done by a unanimous vote of the above-mentioned former members of the armed forces of the United States of American during the · World War.

C. W. NORWOOD, fost Comm~ntler.

That is an example of hundreds of just such indorsements. Mr. SIMMONS. Will the gentleman yield? Mr. ROY G. FITZGERALD. Certainly. Mr. SIMMONS. The gentleman has received what, I think,

practically every Member of Congress has received, and that is requests that this bill be passed without amendment. What is going to be the attitude of the gentleman from Ohio, in charge of the bill, on that matter?

Mr. ROY G. FITZGERALD. To resist every amendment. Mr. SIMMONS. Then those of us who have amendments

which we intend to offer will have to understand that so far as the gentleman is concerned-and those who are following him, if he can control them in the House-it will be absolutely use­less for us to offer our amendments?

Mr. ROY G. lnTZHERALD. Oh, no. I make no pretense of conh·olling anyone in this House; neither does the American Legion.

The CHAIRMAN. The time of the gentleman from Ohio has expired.

Mr. ROY G. FITZGERALD. Mr. Chairman, I will take three or four more minutes. I want to say to you that this legislation has been before the House for seven years. It bas been three times passed by the Senate, and the greatest fight possible has been made to get it before this H<mse, but I have been assisted by yourself most ably, and others, twice before the Rules Committee, when I have sought until the present session merely to get this bill before this House for consideration, and because of that, I will say to my good friend from Nebraska, I can not jeopardize this bill, and you must not ask me to either make it more liberal or make it less liberal.

Mr. SIMMONS. What I wanted to ascertain was whether it was to be the policy of the gentleman in charge of the bill on the floor to resist amendments.

Mr. ROY G. FITZGERALD. The safety of this bill demands that course.

Mr. BURTNESS. Wi:Q. the gentleman yield? Mr. SIMMONS. Yes. Mr. BURTNESS. Is it the gentleman's position that Mem­

bers of the House should not offer any amendments"? Mr. ROY G. FITZGERALD. Oh, no, no. Mr. BURTNESS. Is it the gentleman's position not to per­

mit Members to pass upon the merits of amendments which may be offered, and vote in accordance with their judgment as to the merits of those amendments?

Mr. ROY G. FITZGERALD. Certainly not. I do not ask anybody to follow me.

Mr. BURTNESS. But the gentleman takes the position that regardless of the merits of amendments we should not adopt any amendments?

Mr. ROY G. FITZGERALD. No; I do not take any such pm;ition at all, but I say to you that thet:e is ~not any merit in any amendment proposed to this bill.

l\lr. BURTNESS. Does the gentleman know the different amendments that may be proposed?

l\Ir. ROY G. FITZGERALD. Yes; I know every amendment that can be proposed to this bill. I know them.

l\lr. GREEN. The gentleman believes amendments will kill the bill?

Mr. ROY G. FITZGERALD. That is the whole trouble. 1\Iy goo·d friend from North Dakota, where it is awfully cold at tim~s, I know is a warm-hearted man and be must realize that, after I have had a part in this struggle for several years, a struggle which has been very bi_tter and has strained frier:d-

8452 CONGRESSIONAL RECORD-HOUSE 1\i.AY ll ships, I must insist on the bill as it is. That must be my position after seven years of discussion and after all these matters have been debated and heard again and again. The CoNGRESSIONAL RECORD is full of discussions about this bill and all its features, and those discussions have been going on for years. The matter has been so thoroughly discussed that we know in advance all the suggestions which can be made, and I say to my good friend that any amendment which is made to this bill that throws it into conference with the Senate jeopardizes its paSsage. I believe myself that the principles and the immediate pas age of this bill are much greater than the ben~fit of any particular amendment, which must necessarily delay if not defeat the bill; therefore, I personally am oppo. ed to any amendment. Of course, I do not ask anybody to follow me in this House.

Mr. BURTNESS. I appreciate the gentleman's personal posi­tion in that respect, of . course, but it does occur to me that if we follow the gentleman's general view there is not very much left of representative government in this country, e~cially if Members are not privileged to have amendments considered.

Mr. ROY G. FITZGERALD. I resent the idea that this House can be controlled by anybody within it or by anybody outside of it. [Applause.]

1\Ir. SIMMONS. Do I understand the gentleman to say that he resents the letters, telegrams, and demands we have been getting that we pass this bill without amendment?

Mr. ROY G. FITZGERALD. No; I have a broader conception of the rights of the American people. I know they may not be diplomatic and that they may ask us to do things which we should not do. They have asked me to support this bill, some of them not having any idea, possibly, that I have had anything to do with it and where I stand. One of the Members of the House canie to me and said that he resented the telegram which he had been receiving from a number of his constituents asking him to support the bill when he said, "They ought to know I am for this bill," and it almost turned him against it. But we have heard statements made on this floor that the American Legion does not know what it is about; that the American Legion is not informed ; that the American Legion is misrepresented by its officers here in Washington, and that if the rank and file only knew what was in thi§ bill they would be against it. When uch statements are made, can you blame the American Legion from all over the country, 46 departments of the Ameri­can Legion urging passage of this bill, for sending in telegram to u , from every State in the Union, telling us that they know what this is about and understand what the measure is? That is what they are trying to impress on you, and do you want to re ent their attempt to show you that they kn~w what they are doing?

Mr. CONNERY. Will the gentleman yield? Mr. ROY G. FITZGERALD. Ye. Mr. CONNERY. The gentleman from Alabama in his speech

said the American Legion did not know what was in this bill, but the gentleman from Iowa knows that the gentleman from Nebra.,ka [Mr. SIMMONS] spoke at length on this bill before the American Legion at Omaha and wa voted down. They knew everything that was in thi bill, and they voted him down over­whelmingly.

The CHAIRMAN. The time of the gentleman from Ohio has again 'eivii;e"d. ' . '

Mr. ROY G. FITZGERALD. 1\fr. Chairman, I yield myself five additional minutes. Of course, the American Legion has had an opportunity to know the position taken by the gentle-­man from Nebraska. He has appeared before committees and he ha appeared on the floor of the national convention of the American Legion. So Legion members have h!i.d every oppor­tunity to learn everything they want to know about this bill, and at nine annual conventions of the American Legion there ha been a favorable report but never a minority. report with regard to this bill.

Mr. SIMMONS. Will the gentleman yield? Mr. ROY G. FITZGERALD. Yes. Mr. SIMMONS. It is true I did speak at the American

Legion convention in 1925 against this bill. I think those who were there will bear me out in saying that the galleries were with me but the delegates on the floor were not. May I say in answer to the gentleman from Massachusetts [Mr. CoNNERY] I did not say everything there again t the bill, because we did not know then what we know now about this bill. So please do not hold that up against the American Legion.

Mr. CONNERY. The bill was up for five years in exactly this form.

1\lr. SIMMONS. And gradually many of us are finding out more thing against it.

Mr. GREEN. Will the gentleman yield? Mr. ROY G. FITZGERALD. Yes.

Mr. GREEN. Has the gentleman received any resolution of disapproval from any Legion post with respect to this bill?

Mr. ROY G. FITZGERALD. No; but I have heard there are three or four posts out of 13,000 posts of the American Legion and auxiliary which have opposed this bill.

Mr. GREEN. Does the gentleman recall what States they are in?

Mr. ROY G. FITZGERALD. No; one of them was in Penn­sylvania and was brought about by one of the Members of the House recently.

Mr. SIMMONS. One was in Toledo, Ohio, was it not? Mr. ROY G. FITZGERALD. No; I beg your pardon. If

the gentleman is referring to a letter received this morning, I want to call the attention of this House to some very dis­honest things which have been done. This may not apply to the Toledo matter, but he has not got, and does not state that he has, the action of that post of the American Legion behind him. A man did this out in Arcadia, Calif., and is denounced by the American Legion because he used Legion paper to tell it, and he was sore only because we did not tack on to this bill the Wurzbach bill, which we could not do, and he is de­nounced by the enlisted men of Arcadia, Calif., becau e he, the po tmaster, did this thing on Legion paper.

Mr. GREEN. May I say to the gentleman I have received a large number of resolutions and telegrams in favor of this measure and not a single one opposing it.

Mr. ABERNETHY and Mr. HUDDLESTON rose. Mr. ROY G. FITZGERALD. I first yield to the gentleman

from North Carolina. 1\Ir. ABERNETHY. Is it any offense for a wounded soldier

to petition Congress through a telegram? Why should any­body be offended at that time?

Ml'. ROY G. FITZGERALD. Some of us get irritated. I know that those cold to humanitarian appeals are annoyed.

Mr. HUDDLESTON. Is the gentleman acquainted with Capt. Matt Murphy, of Birmingham, Ala.? ·

Mr. ROY G. FITZGERALD. No; I am not. Mr. HUDDLESTON. Captain Murphy was a captain over­

seas, rendered very splendid service, and just this moment I have been handed a telegram from him. He was one of the organizer of the American Legion and has attended every one of its national conventions. He was a member of its national executive and its national legislative committees. Would the gentleman allow me in his time to read the telegram?

Mr. ROY G. FITZGERALD. Oh, they have plenty of time on the other side.

I do want to clear up one or two matters here, becau e the officers have been denounced, and it has been suggested that this being a Republic we must treat all soldiers alike. It has been said that during time of war we have a sort of monarchy; that is, we have an orderly arranged machine to perform a certain kind of work; but in order to get this orderly arranged machine this Congress, representing the American people, en­tered into an obligation which I am here to plead with the Members of this Cong1:ess to fulfill.

It was a straightforward obligation-an obligation to treat the e emergency officers in regard to pen. ions and all other allowances just the same a the officers of the Regular Estab­lishment are treated. A gentleman w:ho has recently spoken has suggested that this is a plain pension bill.

Why, gentlemen, the average amount this bill will give to these emergency officers is only $132 a month, an increase over $62 a month.

Suppose it is a pension matter and suppose we have got to do what any lionorable body would do, fulfill our obligation to these men to whom the obligation wa made. Is that an· argu­ment of merit? If we do not pass this bill there are at least 100 more of these men who are going to die every year it is delayed. I can not submit to amendments enlarging this bill to take in those who are less than 30 per cent di abled, no matter how great my sympathy may be, because it mean delay of the bill and means that 150 more will die during the year before the bill can be pa sed. We never can right the wrong to those who are gone. There were 122 of these men who died last year, and .we never will be able to right the wt·ong to those who have died during the seven years this measure bas been pending in Congress.

Now, there is another matter that keeps constantly cropping up here. It is sugge ted that omebody, in orne way, is going to be injured by the pa sage of this bill. l\Iy colleagues, there is n·ot a way under heaven for any man, enlisted man or officer, to be injured by this bill. There is no way that can be devised. In the first place, he need not come under its provisions unless he wants to, and if he does come under its provisions, even the second lieutenant will be benefited by it, becau e the second lieuten·ant will get $106.25, where the greatest amount be can

1928 CONGRESSIONAL RECORD-HOUSE 8453 get now under the law is $100. ·I would like to read to you the plea that comes to me from one of these second lieutenants.

This is the telegram : SAN FRANCISCO~ CALIF.~ May 11~ 1928.

Hon. ROY G. FITZGERALD~ IIouse of R epresentatives, Washington, D. C.:

Regarding emergency officers' retirement bill, believe my case typical. Voluntary enli ted as private Corps Engineers at beginning of war. Sac­rifice $6,000 yearly position as engineer. Have spent 19 months in lt'rance, discharged second lieutenant with total permanent disability, service connected. Now receive $100 per month compensation. If I'etired under your bill on account more than 5 years' service will receive more than $160. Difference will pay interest on mortgage on home with other benefits of retired officers. Surely we are deserving of this consideration.

RoY H. FLAMM.

The reason for the wrong impression that second lieutenants would receive less than $100 was that when the Veterans' Bureau was asked for the table of those who would be benefited by this bill if it became a law, the bureau used the present pay table of Army officers, which gave the impression that a second lieutenant would receive only $93 as three-fourths pay for re­tirement because of disability. They will be retired on 75 per c.-ent of the pay they received when discharged, which, until after the end of the war, was such as to yield them $106.25 a month retirement pay. Much has been said about colonels and some­thing has been said about generals. 'Itlere is only one possible general to come under this bill. I regret it exceedingly, gentle­men, that there are 4 colonels in all the United States in the 3,000 officers to b~ benefited. There are 17 lieutenant colonels, 112 majors, possibly including that individual known as LAMAB JEFFERS, of this House, who lay a physical wreck for months on his bed in the Walter Reed Hospital. Is it not awful that we have in the House such a criminal as would discriminate against the enlisted men? [Laughter.] Yet we have another officer, a Member of thi House, who might come under this bill.

I am glad that the gentleman from Alabama [Mr. HUDDLES­TON] has expressed himself of thinking meanly of such men, for it gi>es me an opportunity to say tha,t I am proud to serve in this House with men like L.AMAR JEFFERs and C.AR.ROLL REEcE, men who have been decorated by our country for heroic conduct on the fields of battle in France.

Now, I want to read another telegram from California, from the city of Los Angeles. There is some little rivalry between the two citie , but evidently they are in accord on this bill.

It is as follows: Los ANGELES, CALIF., May 10, 1928.

Hon. RoY G. FITZGERALD, House of Representatives, Washington, D. 0.:

Officially announced by press to-day Lieut. Gov. Buron Fitt , dis­abled emergency officer of the World War, loses his 10-year fight with medical science to save his right leg. Amputation will take place to­mon·ow, May 10, Government hospital, Sawtelle, in an effort to save the life of the State executive. Following 18 major operations and 10 years of intense suffering to check spreading infection, amputation announced imperative.

DISABLED EMERGENCY OFFICERS WORLD WAR.

C. C. BAYLESS.

Oh, gentlemen, is it not to be regretted that among the 28,000 employees of the Veterans' Bureau that they have only been able to find a place for 49 of these men who may be affected by this bill? The money from this bill will be used to keep homes together, to keep the little child.J,:en in school and give them an education. TQis man mentioned in this telegram is the Lieutenant Governor of California. He has been struggling for his life all the time. He has been honored by the people of California, and assumed all the duties which his people have asked him to assume. This man can not save his limb, and we ought to pray in this House that hi~ life may be spared long enough to show that this Congres~ has not repudiated its obligations, but has done the square thing. [.Applause.]

Mr. RANKIN. Mr. Chairman, I yield qne minute to the gentleman from Alabama [Mr. HUDDLESTON].

Mr. HUDDLE~TON. Mr. Chairman, no finer gentleman and no braver officer ever ser-ved in the Army than Capt. Matthew Murphy, of my home city. On taking my seat a moment ago the telegraph messenger han<led me this telegram from C~ptain Murphy:

BIRMINGHAM, ALA., May 11, 1.928. Bon. GEORGE HUDDLESTON,

Ca.re House of Representati,;es, Washington, D. C.: Stay with 'em. Am national charter member of American Legion.

Been Alabama State commander twice. Was on national executive and

legislative committees. Am with you and glad yon are against Tyson4

Fitzgerald bill on account of discriminatory feahtres against enlisted men.

1YlA'IT MURPHY.

The sentiments whic~ Captain :Murphy expresses show his worthiness of my description of the kind of man he is. -

Mr. RANKIN. In the beginning, Mr. Chairman, I desire to say that I have never altered my position on this bill. I op­posed it from the very day it was first offered, and I oppose it now. I am opposed to it for a great many reasons, but I ap:1 going to take the little time I have to answer the arguments made on yesterday by the gentleman from Ohio [Mr. RoY G. FITZGERALD]. .

You will find in his remarks a reference to the gentleman from Tenne see [Mr. G.ARRE'IT], the minority leader on the floor, one of the finest and bravest and most conservative men who ever occupied a seat on this floor-a reference to his sentiments as "communistic," because he opposes this change in our .Ameri­can policy, wherein we pension our soldiers according to <lis­ability and not according to rank.

On page ~358 of the CoNGRESSIONAL RECORD he makes this astounding statement:

The settled poU..cy of this Government from the beginning down to date, including the Spani h-American War, has been to compensate those injured in the service in accordance with their rank; to compensate them for disabilities incurred in service by pensions based upon rank, and based upon the settl-ed policy of this democratic and not com­munistic country from the beginning.

In the first place, he brands as " communistic " those of us who do not subscribe to the doctrine that a pension should be based on rank. In the next place, he misrepresents, possibly unwittingly, the policy of this Republic from the earliest days down to the present time.

When the Civil War closed, the greatest conflict up to that time that the world had ever f:leen, there had been a measure passed to take care of a few superannuated officers, and in a few years there were 30 generals of the Civil War sitting on the two sides of this House. ·

I am talking to you men mostly on the Republican side of the aisle now. Those men who fought in the Union Army, in whose tracks you may safely follow if you want to preserve the life, the dignity, the strength, and the glory of this Republic, for 60 years turned down and defeated and refused to subscribe to a bill that would pension the soldiers of the Civil War according to their rank.

I speak now to you men of the South and recall to you the soldiers of the Southland in that great struggle, those br.ave men who faced the battle lines for four long, bloody years, and who went back and redeemed their Southland under con­ditions from which no other country has ever survived; and yet not in a single Southern State have they ever subscribed to the doctrine that Confederate soldiers should be pensioned accord­ing to rank, instead of on disability. They would spurn this bill with contempt if it were brought to them, just as the Fed­eral .soldiers spurned it with contempt on this floor and in their meetings.

Oh,· but he brands as communists those veterans of the Spanish-American War, who in the dark days of 1898, when it looked as if a world catastrophe was going to be precipitated, not in Europe but upon the burning plains of Cuba, volunteered to face dangers known to the Tropics that were even worse than those of the battle front. They have refused from that day to this to adopt the policy or to recommend a policy of pensioning soldiers according to rank instead of according to disability. Why? Because it is a repudiation of all the democratic policies of our .American institutions.

The gentleman goes on and talks about the .American Legion. I received a telegram from an American Legion post, composed of men of the best blood of .America, at Aberdeen, in my dis­trict, men whose ancestors have fought in every war from the Revolution to the present day. Some of them were officers and some enlisted men. Every one of them is just as patriotic and just as intelligent as is the gentleman from Ohio [1\Ir. RoY G. FITZGER.ALD] .

I sent them a copy of this minority report, which is all that we could get. It took us three or four years to get that. They have refused us hearings before the Veterans' Com­mittee. They g1·anted us hearings by unanimous consent and then on motion of the gentleman from Ohio [Mr. RdY G. FITZGERALD] shut us out, and we just had to dig this informa- , tion out. I sent it down. It has not been questioned here. It is in this pamphlet. and was compiled by the various depart­ments here, largely the Veterans' Bureau. I have this tele­gram:

8454 CONGRESSIONAL RECORD-HOUSE -)fAy 11 Daniel w. Byrd Post in regular session at Aberdeen condemns the

disability .emergency officers' retirement bill. Congratulations on your stand.

The . resolution read by the gentleman evidently was not pas ed by the Mississippi Legislature. If it had been, it seems to me the secretary of state would have sent me a copy. Per­haps it was introduced.

I sent a <.'Opy of the minority report to a young man down there who has been in the service, a brilliant young officer, a member of the Legion, and he wrote ba.ck that-

If the people generally knew just what this proposed bill was for, there would be a howl of protest the like of which has never been heard before. I am in favor of any kind of a bill for the disabled veterans, und you are, too, but this one--no!

There is a man who served just as honorably as those who have criticized us. Down at Tupelo, my home town, I received one of these inspired telegrams, which stated that the American Legion was for this bill. That is getting close to home. I ani a member of that post. I wrote to those boys and said that I wanted to do what they wanted me to do if I knew what that was~ I asked them to inform themselves on the subject and to discuss it. All I bad was this minority report and the CoNGRESSIONAL RECORD which I sent them. They wrote back that they had had a ~eeting and indorsed my stand in opposi­tion to this measure, and the adjutant wound up by saying:

I am glad to say that there was not a dissenting vote in that instance.

Here is another one from Denver, Colo. He says: The press reports you in opposition to th~ bill to place emergency

World War officers on the regular retirement pay. A similar bill was introduced· in Congress in 1896 and in 1898 to place the Civil War volunteer officers on the Regular Army retired list, and was opposed by the Civil War officers, and you are properly doing. They defeated it, and the CONGllESSIONA.L RECORD will show it.

That is signed by a man named Brasheer, officer, patient, wardee and he gives the company and command. Let us now o-o up 'to Portland Me. I see my distinguished friend from Maine [Mr. NELso~] here. He made one of the most eloquent speeches yesterday that I have listened to for a long time. I have this from a Portland man:

I have been much interested in the stand that you have taken with regard t~ retirement for disabled emergency Army officers. Because of the fact that I served throughout the war as a private soldier the cry of ·" sour grapes " may be raised, but nevertheless I stand my ground. This bill appears to be based on the policy that commissions were granted oQlY to a group of supermen, far superior to the average mortal in every way. It has ~n my observation that the average emergency officer received during his active service a sum in excess of his ability to earn in civil life. Indeed, his discontent in many cases was due. to the false standard o! living to which he had been accustomed during the war.

He goes on and says be hopes the _ bill will be defeated. Mr. HERSEY. Mr. Chail"lllan~ will the gentleman yield? Mr. RANKIN. Not just now. :ur. I,QDRSEY. It is on the matter of the way the American

Legion of Maine stands on this bill. They stand for this bill. I am quoting an organization.

Mr. RANKIN. I know yon are quoting from something which is the result of propaganda, just as has been done in Aberdeen and other places.

Now here is a man from New Bern, N. C., who was in the Service', according to his statement. He is a lawyer there. His name is W. B. Rouse. He says:

NEW BERN, N. c., AprU 10, 19!8.

Congressman R.A.NKIN,

Member Oongress, Washingtcm, D. 0. DEA.R CoNGRESSMAN: I am taking the liberty to write you my views

on Senate bill No. 777, concerning benefits for disabled emergency officers of the Great War, which is now before the House for action.

Taking into consideration the high purpose of our entry into the war, the equal and universal service required of every able-bodied man in the country, it is passing strange why Congress would even undertake to set a premium on the disability of one soldier over that of another. By what process of reasoning or operation of the mind can it be said that a fit·st lieutenant disabled to the extent of 30 per cent shall draw fi·om the United States Treasury $125 a month as compensation for liis loss of earning power, while an enlisted man with the same degree of disability shall draw only $30 a month? Further, under tbe com­pensation act the disabled man is classified according to his vocation, this to determine the actual handicap of tbe existing disability, but the proposed bill does not even recognize this feature in measuring the handicap of the officers. An officer may be 30 per cent disabled and

engage In a vocation or profession In which his disability is not a h~dicap, still -a first lieutenant would receive $125 in monthly pay­ments.

In this bill Congress is undertaking to enact. class legislation which, if carried out, is going to destroy the good comradeship existing between the service men of the Great War, and if passed will furnish the incentive to the enlisted men tQ make their demand on Congress for their equally jn.st pound of flesh.

Please do not be fooled into believing that the service men of this country are demanding this legislation, because such is not the fact. It is true that the Legion and other organizations have been fooled into indorsing this bill. This bill was brought before these organiza­tions under its caption only. The contents of the bill were never discussed nor disclosed. The service men have never had the oppor­tunity to know the merits or demerits of the bill. They were duped into the indorsement of it.

You will notice that be says the contents of the bill were never disclosed. They were duped into indorsing it.

In conclusion-

Says Mr. Rouse-the passage of this bill will be a bold, unjust, and indefensible dis· crimination between equally disabled enlisted men and officers, and an unjust discrimination between officers of different rank. We there­fore hope that our Congressman will respect the equal rights of our comrades in arms and vote to pass only such laws as will insure the continuation of this cherish condition.

I have also a telegram here from Mr. Rouse under date of May 9 to the same effect.

Now, let us get down to the State of -Aiatlama. Here is a protest f1·om an ex-service man at Birmingham. We have a good many protests fTom that section.

They jumped on this man in California. They are denounc­ing him because of his opposition to this bill. ·And yet his post of Veterans of Foreign Wars includes this paragraph in one of its resolutions:

As enlisted men and as emergency officers with overseas service during the World War we would give the enlisted man disabled in combat more consideration than the emergency officer who remained safely at home with his family and enjoyed the emoluments of his easily acquired commission. ·

I venture to say now that the vast majority of these men on this list were never in a battle.

Here are two ex-service men in .Alabama calling my attention to it, and saying:

It is useless for us to call your attention to the provisions of the bill, but it is our humble opinion that the bill i-s iniquitous, discrimi­natory, unfair, and un·.American, and it does not in any manner reflect the sympathy of the great mass of enlisted men who served their country and served it well during the World War period.

Here is a letter from Mr. Julius B. Cooper, of Birmingham, Ala., to the same effect. And here is another one from another ex-service man in Alabama.

Now, let us get down to showing that this " commwiism," of which the gentleman from Ohio [Mr. RoY G. FITZGERALD] com­plains, is spreading over the country. It is invading Ohio. This "communism," in accordance with which the gentleman from Ohio says they believe in pensioning a man according to his disability instead of according to his rank. Here is one example: ·

DEAR l\IR. RANKIN : Copies of your minority report on the Tyson­Fitzgerald bill were receiv~ by me at my office in Toledo.

I have attended a good ·many State and National conventions of the American Legion, and fully realize how the so-called Legion support for this bill is obtained. Committees, composed in many cases of men who are personally interested in the bill, bring forth a favorable report to the main assemblage, and then it passes unanimously without dis­cussion. Another factor is that delegates to these conventions are made up largely of former officers, or at least they led the governing voices.

Keep up your good fight. If the rank and file of the returned soldiers knew the side of this bill as you have presented it, they would ask that every Congressman vote against it

I am a salaried employee of the American Legion in Lucas County, Ohio; have been at the same job for six years.

Very truly yours, HENRY B. HERMAN,

Secretarv Lucas Oounty Ooflnoil, American Legion, .A.datns aml Erie Streets, Toledo, Oh£o.

Here is a resolution that was sent to me from the post at Woodville, Ohio. Let ine read it:

Therefore oo it reBoZved by OZare-noe Nieman Post, No. ~55, Amerlca.1~ Legion, That they protest the enactment into law of the Tyson-Fitz-

1928 CON GRESS! ON AL RECORD-HOUSE gerald bill for being unwarranted, un-American, and tending to embarrass otlier legislation of superior importance affecting the welfare of disabled men.

Not only that, Mr. Chairman, but we come on down to Cam­bridge, Ohio. That post of the American Legion urges your opposition to the emergency officers' retirement bill and your support of the universal draft bill.

There is another one coming from Cambridge, Ohio, and if these American Legion men all over the country find out what is behind this bill you will find a stronger protest against the enactment into law of any legislation that has such discrimina­tory provisions in i t .

I have no access to the White House any more than any other Democrat bas and I do not know what the President thinks, but if he carl'ies out the policies he has followed in the past, I can not understand how you men on that side of the House can believe be will sanction legislation of this kind. Why? Because it discriminates most violently against the enlisted man who served in the World War in favor of the officers who are claiming this gratuity. It discriminates against the officers and men of the Spanish-American War; it discriminates el'en against your officers in the Civil ·war; and last, but not least, Mr. Chairman, it most violently dis­criminates against the sacred dead who, as Abraham Lincoln said upon the field of Gettysburg, " paid the last full measure of devotion" upon the field of battle, or who have died since the war closed.

The most popular soldier who has ever been in this Capital, in all the years of its existence, sleeps over yonder in an un­marked grave at Arlington-the Unknown Soldier. My picture of the result of this bill is to see a broken-hearted mother, in widow's weeds, standing before that tomb which contains the compo ite remains of all our sacred dead who paid the" last full measure of devotion," as Lincoln said, in the World War, be­cause she must realize, as we all know, that she is discriminated against by this bill, regardless of who that unknown soldier might have been. II he were an enlisted man, his buddies who were shot down around him and who managed to survive the conflict are discriminated against in favor of other men, a great many of whom never got nearer to the battle front than Dallas, Tex., or Los Angeles, Calif.

We say this is a pension based on rank, but in the name of all the gods at once who ever heard of a decent pension law that ignored the widows and orphans of those who made the supreme sacrifice in their country's cause?

If that unknown soldier happened to be an officer he is dis­criminated against, because it denies to his widow and his chil­dren the same benefits thaf it gives to the men on this roll who are drawing salaries of $5,000, $6,000, $10,000, and even $12,000 a year.

God forbid that this Congress should ever pass such a piece of legislation or that the President should ever permit it to become a law. [Applause.] ·

1\lr. ROY G. FITZGERALD. Mr. Chairman, I want to take a minute or two because I would like to have my good friend from Mississippi ascertain whether or not this Congress has been deceived. I would like to know if the American Legion after nine years, composed of 90 per cent enlisted men, is in­capable and has not the intelligence to know what it is it has been fighting for. I am also curious to know about the State of 1\Iis.·issippi and whether or not what bas been handed to me by that American Legion, which has been attacked on the floor alleging lack of intelligence and misrepresentation by its officers, bas been deceived. I want to read a memorial of the the State of Mississippi, through its legislature, imploring Congress to pass this bill.

l\Ir. BUSBY and Mr. RANKIN rose. 1\lr. ROY G. FITZGERALD. I will yield just as soon as I

read it. l\I. BUSBY. I wanted to refer to that resolution and to ask

whether the gentleman has a certified copy of the resolution. 1\lr ... ROY G. FITZGERALD. I have not; and that is the

rea. on I am asking about it. Mr. BUSBY. I have not heard of it before; and they usually

send us certified copies of such matters. Mr. ROY G. FITZGERALD. That is why I want the gentle­

man to have full opportunity to investigate the matter. 1\Ir. BUSBY. I am not alleging it to be true; but am denying

it to be true. 1\Ir. ROY G. FITZGERALD. I do not know either; but I

would like to know about it. It would really be valuable to the House to know if the American Legion bas been deceived or if the American Legion has deceived me, or if the Representa­tives from Mississippi have been deceived about their own legislature and their own State. [Reading:]

In the Legislature of Mississippi. House Joint Resoluti~n No. 20. Memorializing Congress to pass the Tyson and Fitzgerald bills regard­ing disabled emergency officers

Whereas of. the nine classes of officers who served in the World War, eight classes, namely, regular officers of the Army, Navy, and Marine Corps; provisional officers of the Army, Navy, and Marine Corps; and emergency officers of the Navy and 'Marine Corps, have been granted by Congress the privilege of retirement for disability, when incurred in line of duty, leaving only the disabled emergency officers of the Army without such retirement privileges; and

Whereas there is now pending before the Congress of the United States measures known as the Tyson bill, S. 777, and the Fitzgerald bill, H. R. 500, to correct this apparent injustice to the disabled National '"Guard and other emergency officers of the World War ; and

Whereas such proposed legislation is equitable and seeks to do a long delayed justice to a class of worthy disabled officers of the World War entitled because of their service, their wounds, and disabilities incurred therefrom to the same consideration and privileges as men of their rank who performed like service, but were of the Regular Army ; and

Whereas an overwhelming number of the Members of Congress since the armistice have promised to correct this injustice to disabled emergency army officers by the enactment of legislation · designed to adjust the unfair condition imposed upon this one remaining class of officers: Be it

Resolved, That the Legislature of Mississippi urge upon its legisla­tors in the National Congress the importance and desirability or speedily passing such legislation ; and be it further · Resolved, That copies of this resolution be sent to each Senator and

Representative in Congress from the State of Mississippi. Passed and adopted April 16, 1928.

l\Ir. RANKIN. Will the gentleman now yield? 1\fr. ROY G. FITZGERALD. Yes. 1\fr. RANKIN. Has that memorial the signature of the

speaker of the house? l\Ir. ROY G. FITZGERALD. No; and that is the reason I

would like to know about it. Mr. RANKIN. Does not the gentleman think he is rather

presumptuous to be reading resolutions alleged to have been pas~ed by the Legislature of Mississippi when they have not the signature of the speaker of the house?

l\Ir. ROY G. FITZGERALD. No; because I trust the Amer­ican Legion, JoHN, and I believe this was sent here, and they have probably got the original, as they furnished me a copy, properly signed, and passed by at least one chamber of your legislature. It may have been passed by both of them, but I have given you the number and I have given you the date so that you may investigate it.

I now yield three minutes to the gentleman from North Carolina [Mr. ABERNETHY].

Mr. ABERNETHY. Mr. Chairman and gentlemen of the committee, I did not intend to say anything more about this matter until the distinguished Representative from Mississippi [Mr. R ANKI :r] read a letter from my home town from a friend of mine, 1\fr. Rouse, who is opposed to this legislation.

I received the same letter, or a ~opy of it, and thereupon I w1·ote to the American Legion Post of my town and asked them their reaction, and this is what the adjutant writes me, and I want the committee to listen to this very carefully. This was on April12:

Your letter, inclosing a copy that was forwarded to you by Mr. Rouse of a letter he had written to Mr. RANKI~, received, and I note that the date of his letter was the lO~h.

Mr. Rouse presented a resolution in opposition to this bill at the meeting of the post on Monday night, the 9th, and spoke forcibly for its adoption. At this meeting of the post · thete were 82 memoora present, of whom 5 were officers in the war and 77 enlisted men. His resolution was opposed vigorously by a number of enlisted men and was ·defeated by a vote or 81 to 1, Mr. Rouse himself being the only member to vote for its adoption.

This is all I desire to say. Mr. RANKIN. l\Ir. Chairman, I yield 10 minutes to the gen­

tleman from Missouri [1\Ir. MILLIGAN]. [Applause.] l\Ir. 1\IILLIGAN. l\1r. Chairman· and members of the com­

mittee, the proponents of this legislation would have this House believe that every ex-service man, both enlisted men and offi­cers, throughout the United States, are clamoring for the imme­diate enactment of this legislation.

I think it was well stated. by the gentleman from Ohio [Mr. SPEAKS] when he stated that he believed that at least 90 per cent of th& ex-seFvice men of the United States are not familiar with the provisions of this bill. I think this is quite true.

I have found that even the national organization of the American Legion itself is not unanimous in its position upo~

8456 CONGRESSIONAL RECORD-HOUSE ]fAy 11 this legislation. I desire t~ read to yon a letter I have received from one of the most active Legion men in the United States. This man is a member of the national executive committee Qf the American Legion, and his letter is as follows :

I received your letter, also the copy of the emergency officers' retirement bill.

La t night, being meeting night of our post, I thought it advisable to take the bill and your letter to the meeting. I called upon several men who held commissions in the late war and urged them to be . present. We had a very good attendance. I read the report of the majority and also the minority report of your committee. Explained to them to the best of my ability the action that had been taken on this by the National Legion Convention and why.

We unanimously approved the action of the minority. I knew that you would be interested in this and thought this action wise.

This man was an officer himself and is now a member of the national executive committee of the .American Legion.

I desire to read to you a letter from a constituent of mine, an officer in the late war who was disabled 61 per cent perma­nent disability. This man to-day is drawing $61, and under this legislation he would draw $150 a month for the rest of his life. Here is what he says about this retirement bill:

DEAR FniEND : I have read your letter in regard to the Fitzgerald bill. I believe the bill would be a mischievous piece of legislation.

• • • • • • • I commend your stand upon this bill.

That is a letter from a man who WDuld receive the benefits of this legislation for the rest of his natural life. Knowing the man personally I know of his service, and there was no ~ett~r solclie.x ever wore a uniform during the late war. I say, rn hiS behalf, that I believe he is the most unselfish man I have ever known in my lifetime. [Applause.] ·

Now, I realize the futility of opposing this legislation. There has been for several years misleading propaganda spread throughout the Nation. I know Members of this House have committed themselves to this legislation without realizing the effect of its provisions. You feel obligated to these men to whom you gave the promise several years ago to vote for this legislation.

1\Iy colleague from Missouri read this afternoon a telegram from the commander of the Legion of the State of Missouri, and in that telegram he urged that this 1\lember support this bill. I know that two years ago, when this matter was before the Missouri Department of the American Legion in conven­tion that convention refused to indorse it. I have been in­for~ed that at the last session the Missouri Department of the .American Legion again refused to indorse this same legislation.

I say the commander of the American Legion of the State of Missouri, if these facts are ti·ue as stated, was not speaking for the American Legion of Missoud, but was only speaking personally when he directed that Member to support this legis­lation.

This bill is discriminatory not only as to the enlisted men that served in the late war--42,000 enlisted men who have a di ability of 30 per cent permanent ·or more-it not only dis­criminates against these 42,000 men but it discriminates against 5 000 and some odd emergency officers themselves. There are at this time 8,466 disabled emergency officers, and this bill only provides for 3,232 of them, whic~ l eaves the oth~r 5,234 o~ the same basis they are to-day, drawmg a compen atwn as enhsted men are drawing under the present law.

Mr. NEWTON. Does the gentleman mean those who have less than 30 per cent disability?

1\lr. MILLIGAN. No ; in the :first place they set an arbitrary rate of 30 per cent permanent disability to come within the provisions of the bill, but that leaves those who only have from 10 to 29 per cent on the same basis that they are to-day.

By this provision of permanent disability that leaves the man who may have 100 per cent temporary disability drawing the same compensation he is to-day. Eighty per cent of the men who are suffering from tuberculosis and drawing the statu­tory awa rd for tuberculosis. will not ccme within the provisions of this legislation.

A man with an arrested case of tuberculosis is to-day rated by the Veterans' Bureau from 12lh to 15 per cent. A man who is in · the hospital with active tuberculosis will not be included in this bill becau"'e he is rated with a temporary di ability, and is thereby excluded fr.om the 30 per cent permanent dis­ability. That provision exclude :five thousand two hundred and thirty-four and odd of the 8,466 disabled emergency officers. They have a provision in thi bill that provides that where the officer to-day has no disability or any rating before the Veter­ans' Bureau comes within its provisions.

Mr. CROWTHER. Was · the gentleman in the recent war? Mr. MILLIGAN. I was. I have served as a buck private

and an officer. [Applause.] There is a provision on page 1 of the bill that includes officers

who tO>-day have no disability whatever, officers to-day wh~ are drawing no comPensation from the Government, who are r ecognized as having no compensable disability. yet they are included in this bill. We find that in lines 6, 7, and 8 on page 1 of the bill in the following language: who during such service have incurred physical disability in line {)f duty, and who have been or may hereafter within one year be rated in accordance with law at not less than 30 per cent permanent disability by the United States Veterans' Bureau.

The words "who have been" include cases of officers who to-day have no disability but who some time since their dis­charge have had a rating of 30 per cent permanent disability. You include those men whom the records show have recovered. Yet you exclude the emergency officer who to-day is 100 per cent temporarily disabled.

This is a pension bill. It can not be argued that this is a retirement bill. This can only be treated as a pension bill. I do not believe that we should enter upon a program of pension­ing men of this or any other war according to their rank. To do so would leave this situation: You would have a man in a town or community, say, a colonel, who has 30 per cent disa­bility drawing a compensation for the rest of his life of $250 a month, while the enlisted man living next door with exactly the same disability and having the same rating receiving only $30 per m onth.

Mr. CROSSER. 1\lr. Chairman, will the gentleman yield? Mr. MILLIGAN. Yes. . Mr. CROSSER. Wbat was the gentleman's position in the

Army? The gentleman says that he was an officer. Mr. MILLIGAN. I was a captain. Mr. CROSSER. Of machine gun? Mr. MILLI GAN. Of Infantry. Mr. CROSSER. And as I understand it, the gentleman was

wounded? · Mr. MILLIGAN. That is beside the point. I have the great­

est sympathy for the officer or the enlisted man who was dis­abled in this late war, but I can not bring myself to vote for a bill of this kind that not only discriminates against the enlisted man but also discriminates against the emergency officers them­selves. It is my theory that the health of the enlis ted man is ju t as valuable to him as is the health of the officer, and I believe that the enlisted man is entitled to the same standards of living as the officer. I believe that the children of the en­li~ted man are entitled to the same social and educational ad­vantage as are the children of the officers under whom he served. [Applause.]

Mr. ROY G. FITZGERALD. Mr. Chairman, I shall take only a couple of minutes, because the gentleman from Missouri [Mr . . MILLIGAN] is laboring under a couple of misapprehensions which I hope constitute the reasons why he has changed his stand on this bill. In the first place, if a man has a service disability, and he is rated temporarily 100 per cent, he can be retired if he wants to under the bill. Nothing in the bill can hurt. If he wants to be retired he certainly has his 30 per cent permanent disability to be retired with, and he may apply for retirement or not as he sees fit.

I yield seven minutes to the gentleman from Wiscon ·in, [Mr. ScHAFER].

l\Ir. SCHAFER. Mr. Chairman, I shall be happy, indeed, to vote for the emergency officers' retirement legislation. The only fault that I find with the pending bill is that it does not go far enough in extending the retirement benefits. If the parliamentary situation will permit, I shall offer a motion to recommit with specific instructions to report back immediately with amendments which will perfect the bill and extend its benefits. The one-yeru· limitation in line 8 of page 1 should be stricken out, and the 30 per cent permanent disability in line 1 on page 2 changed to 10 per cent, so that all emergency officers who have or may have a permanent disability of 10 per cent or more will be entitled to the retirement benefits of the legi lation.

Much has been said on the floor of the llouse about the American Legion's method of bombarding Congress with letter and telegrams in favor of this legislation. I am always glad to hear from my constituents, especially when they are interested in pending or proposed legislation, but at no time will I pledge myself to a vote against every amendment which may be offered to a bill, as requested by some of the officers of the American Legion.

I do not think any such pledge would square with the funda­mental principles of our democracy or vvith the fundamental principles of the American Legion. [Applause.]

1928 CONGRESSIONAL. RECORD-HOUSE .8457 ' · We have heard on the floor of the House a great deal of ·talk about this bill discriminating in favor of one class and against another class. Our li~ederal laws to take care of the peace-time workers in the Government service are based on the amount of their salaries, which are based on the class of service rendered and the positions held. The service of an emergency officer compared with that of an enlisted man is similar to the service of an executive head compared with that of a clerk in his department. There is no more ground for holding that there is a discrimination against the enlisted man in this bill than there is to hold that discrimination exists against the clerks under the United States employees' compensation laws.

We listened to the fervid argument a few moments ago, in which it was attempted to show how this bill would discrimi­nate against widows and officers of other wars. That same argument could have been used against all legislation which has been enacted for the relief of veterans, widows, orphans, and dependents, because it gave benefits to some and not to others.

You are not discriminating against any soldier because you are giving one of his buddies additional benefits.

If you look through the history of Congress you will see spe­cial pension acts granting to widows of former officers of the American Army who did not die of service disability pensions of $75 and $100 and $150 a month. Those bills passed Congress with the approval of many of the Members who now raise the ery of discrimination against this emergency officers' retire­ment bill. When you gave the widow of a prominent officer $75 or $100 as a pension by special act, whether or not ~er -busband died of service disability, you could equally apply the same argument of discrimination against the widows and the children of every veteran of any war which this Nation has engaged in. [Applause.] The argument of the opponents of this bill that it will establish a precedent, discriminatory in nature, is utterly unfounded. I hope the bill will pass by an overwhelming majority.

Mr. RANKIN. Mr. Chairman, I yield two minutes to the gentleman from Nebraska [Mr. SIMMONS].

Mr. SIMMONS. Mr. Chairman, in the debate yesterday the gentleman from Massachusetts [Mr. CoNNERY] made this state­ment, in part:

Only 7 per cent of the officers of the Regular Army were casualties in battle. Ninety-three per cent of the officer casualties were emer· gency officers.

· I agree with the sentiment of his speech, which gave credit for bravery to emergency officers who were wounded in battle. They were brav~ men, but I think we ought to know the facts. I re ent the inference that the Regular Army officers were not jut a.s brave as the emergency officers. · Six thousand three hundred and four Regular and 92,919 emergency Army officers served overseas ; 181 Regulars and 2,034 emergency officers were killed in action. That means that. 2.87 per cent of the Regulars who served in France were killed in action as against 2.09 per cent of the emergency officers.

We had in the Army 199,307 emergency officers during the • war. During tbat time there were 11,357 Regular officers in the Army. The Regular officers numbered not quite 5lh per cent of the total commissioned personnel of the Army.

The gentleman from Massachusetts says they received 7 per cent of the casualties in battle. From the above figures I take it the records are in favor of and not against the Regular officer. [.Applause.]

Mr. ROY G. FITZGERALD. Mr. Chairman, in reply to that I lllaY say I think the ~tfltement of the gentleman from Massa­chusetts [Mr. CoNNEn.Y] is correct. The gentleman from Ne­braska [Mr. SIMMO,NS] infers - that both statements are not correct. The statement of the gentleman from Massachusetts, as I underst..'ind, was that 93 per cent of our officer-battle deaths were of emergency officers and he is correct.

There is no inconsistency between the two statements. Y.It has been called to my attention by the gentleman from

Missomi that this bill is so drawn that there is a chance that a man who has once received a rating of 30 per cent would be entitled to its benefits even though he had recovered. I wish to say that is a fallacy; it i1:1 Yery specious, although my good friend may have justification for placing that construction upon the language of the bill. We use your knowledge of legal phrases and common sense. If a man has been rated per­manently disabl.ed, what does that mean? It means rated honestly, fairly, and legally as permanently disabled. If a mistake has been made and has been corrected, the Veterans' Bureau will neve:~; grunt retirement because of a, known mis­take since conected. If a man is not rated now as having a 30 per cent permanent disability, although he had been once so rated erroneously, he would not get retirement, though my goqq

LXIX--533

friend so misapprehends it. The change, necessarily a correc­tion, would show that the original rating was not correct.

l\fr. MILLIGAN. What is · meant by the words in line 7, on page 1, " who have been "?

Mr. ROY G. FITZGERALD. That means those who have been correctly rated, but because a mistake has been made that would not justify them in retiring a man.

Mr. MILLIGAN. Has the gentleman gone to the Veterans' Bureau for an interpretation?

Mr_._ ROY G. FITZGERALD. No; I have not, but that must be so.

Mr. MILLIGAN. I understand they do not so interpret it. Mr. ROY G. FITZGERALD. If they have made a mistake

and have corrected it, that mistake would not warrant them in putting a man under the provisions of this bill, and no man would be retired because of a mistake.

Mr. MILLIGAN. I will say that these officers have been informed by those who are promulgatirig this legiSlation that they are included. · Mr. ROY G. FITZGERALD. I am very sorry if that is so

becau e I am sure that that is a misrepresentation. Mr. BURTNESS. Will the gentleman yield? l\lr. ROY G. FITZGERALD. Yes. Mr. BURTNESS. What about a case which at one time

received a permanent rating, as an illustration, of 35 per cent and then it is cut down to 25 per cent permanent? The permanent rating as such remains, but the percentage has been cut from a figme sufficient to come within this bill down to one that would not permit the bill to operate on such an indi­vidual. Would he not under this language be included?

Mr. ROY G. FITZGERALD. I fear not, because that is a correction. If a mistake ha been made and a correction has been made I am sure he could not be included under this bill. Under this bill, if it becomes a law, and under the language of this bill, retirement would be given only as a result of a correct or final rating of 30 per cent or more of disability.

Mr. BURTNESS. If I understand correctly, it may not necessarily be a mistake.

Mr. ROY G. FITZGERALD. It would necessarily haYe to be a mistake, because a man may have a 100 per cent tem­porary disability, and at the same time a 30 per cent perma­nent disability, but the permanent degree can never change.

J.\.fr. BURTNESS. A person may hav-e a permanent rating and gradually a man's condition is aggravated so that the permanent rating changes, not in its permanency, but in its percentage ; and it is increased from time to time. I have secured increases for a great many such individuals myself.

Mr. ROY G. FITZGERALD. But the permanent rating should always be the same. All elements should be considered, including the progressive character of the disability and the permanent rating if correctly made ·hould remain unchanged.

Mr. BURTNESS. Certainly; I agree with the gentleman, but the percentage may vary, depending on the circumstances.

Mr. ROY G. FITZGERALD. Mr. Chairman, I yield five minutes to my colleague from Massachusetts [Mrs. ROGERS] .

Mrs. ROGERS. Mr. Chairman and gentleman of the com­mittee, I am not going to give you any figures or any percentages because you have been listening to figures for two meetings of the committee. I am going to talk about the veterans I have known so well since 1917.

I want to correct the impression that the enlisted men will object to the p11ssage of this measure. I have heard that a few Members have had letters from a few men who have· said they objected, but I do not believe they understood the measure. I know the unselfishnesR of the disabled veterans. I have worked with them steadily since 1917, first in France, then in the Walter Reed Hospital all day, day after day, from 1918 until 1922, and I have seen them all over the country since that time-­and I love and respect them for their courage which beggars all description.

I find the attitude of the men in the hospitals toward their comrades is always the same from Maine to California. When I visit the hospitals I always go to the sickest ward first. In each ward the men always say, " There is a comrade who is not going to live very long, who needs help or compensation, will not you take his case first?" And per hap those very men who send me to their sick comrade may know perfectly well that they have only a few days, and some of them only a few hours, to live. I could give you their names, but I will not take the time to do that. We want to vote upon this bill a . soon as possible. However, I can prove that men are curiously gentle and tender for the welfare of others--supremely un­selfish. They can not get this retil·ement but they do not begrudge it to the officers.

8458 CONGRESSIONAL RECORD-HOUSE MAY ttl If you argue against this retirement measure why do you not

argue that you hould not pay officers any more during a war than you pay enlisted men? Surely their lives are no more valuable to them during the war tha:r;I they are after it is over. All retirement mea ures in Government and elsewhere are based on position and salary at the time of retirement. The officers who went into the war were from 12 to 14 years . older than the enlisted men ; more of them were married, more of them had children, and more of them left lucrative positions and were entrenched in good business positions but many of them have never regained those positions owing to their war-time di ·ability.

You can never compensate the men for what they have lost. You can not compensate a man who has lost his arms and his leg ; a man who is blind; a man who is fighting the battle of the mind ; or who watches the world go by from a sick bed ; a man who has given up the chance for a wife, children, and all that makes life dear. It is not a question of compensation. But you can give these emergency officer little bit more. You gave retirement to the naT"al officers, you gave it to the 1\Iarine Corps officers, why can you not give it to the Army officers? The War Department bas wtthdrawn its objection to the pas-age of this measure. But I can not honestly see what differ­

ence it makes who indorses it or who does not indorse it, if t he measure is just.

I think if you analyze the fact, during the war this Govern­ment pays the officer more than it does the enlisted men. You will realize that it is perfectly sane, perfectly logical, to pay them a higher rate in retirement.

As I have 8aid before, you can not secure this for the enlisted men. You do not retire the enli ted men of the Regu­lar Army at any time. They are given pensions although smaller pensions just a the enli ted men after the war.

They are all equally brave. I haT"e never seen a man, in all my experience, who was not brave, no matter how terrible his suffering was, and I haT"e watched the men before their operations, during their operations, and I have seen them go to the great beyond. And when people are going to meet their Maker you know how they feel about thing . There are no shams then. There are no. pretenses, and I know these men do not begrudge their comrades anything, and this is one of the best facts I want to lea\e with you. I am perfectly sure the enlisted men will not begrudge the emergency officers their re­tirement pay. Please do not belittle them or mi judge them by believing for one instant they resent the officers being given what they can not ha\e. I am going to vote for this measure becau e I think it is ju t, and I believe as time gQes, every one of you will believe it i just also. [Applause.]

Mr. RANKIN. Mr. Chairman, I yield the balance of my time to the gentleman from Ohio [Mr. KEARNS]. [Applause.]

l\Ir. KEARNS. Mr. Chairman and gentlemen of the com­mittee, there has been a great deal of discussion throughout this debate as to whether or not the World War enlisted man wants this bill passed. There seems to be a diversity of opinion on this subject. It is easy to find out, All that any :Member of this Hou ·e would have to do would be to go over here to Walter Reed Hospital and ask some enlisted man who has .been totally disabled for life whether or not he wants some swivel-chair officer who fought in the great battle along the Potomac dur­ing the war and fell off a chair and was injured by his spurs, to have more money than be can receive for his wounds. [Laugh­ter and applause.]

I am not belittling the services of the great officers who tem­porarily went abroad and fought in France, but this bill gives to the men who came down here in hordes when the war was on eeking commis ions and remained in Washington the same privileges as the bill gives to officers who saw real service.

I wa here during the time of the war, and my office, as well as yours, was crowded all the time with young men within the draft age who had come here for commissions. Some of them were lucky. - Some of them had congressional pull and got a commission. Other men with just as strong mentality, other men who had just the same ability to command men, could not get a commission because there were not commissions suf­ficient to go around.

I have heard men on this floor talk about these officers having ability superior to the enlisted men. In some instances this is true, but in mo t instances it is not true. I know of college graduates, I know of men who left their law offices, I know of men who left industries as head of such industries and went out as private soldiers in this war and served under these tem­porary officers who were lucky enough to get commissions.

In one instance I know where they served under a man who was a police officer. I have no quarrel with the police officer, but I do know that this argument that these officers gave up

good positions is no more true than it is to say that the en-l listed men gave up good positions. This was a draft army, and in most instances the private was the equal if not the superior of the temporary officer.

I have in mind now two brothers, one of them at the time the war broke out was serving as a secretary to a Member of Congress. The other brother was the superintendent of a public high school. They were reared in the same family, of the same parentage, and were graduated from the same school. The young man who had congressional pull received a commission. The young superintendent of a public school out in Ohio did not have this pull and went in as an enlisted soldier. The brother who had the pull became a captain. The one who en­listed as an enlisted man out there in no man's land one day in France, where shells went SCI'eaming and bursting by, was hopelessly crippled and to-day he is a tottering idiot almost, because his mind is entirely gone. To-day that man can draw something like $00 or $100 per month. The captain brother was injured in the knee by a shrapnel that rendered him 30 per cent disabled. To-day he is a lawyer making perhaps $10,000 or $15,000 or $20,000 a year, and yet this captain brother could get $150 a month, while his totally disabled brother would only get the insignificant sum of from $00 to $100 and without any earning capacity. Is this just? Is it American?

I do not know how you may think of this, but I never can bring myself to the conclusion that I am going to desert the policy that has been in existence practically ever since the United States has been a country and make a class distinction in time of peace between the private soldier and the soldier of rank. [Applause.]

Mr. ROY G. FITZGERALD. Mr. Chairman, I will take a few minutes my elf. This shows the thoughtle ness of some Members of Congress. After having been told what the policy of the United States is, what it has been, what the principle was during the Revolutionary War, the Black Hawk War, and the Civil War, every war down to the Spani h War, that th~ policy of this Nation has been for over a hundred years to pay pensions for disabilities based on rank, the gentleman from Ohio [Mr. KEARNs] tells us what he thinks the policy of the United States should be and what he so erroneously thinks it has been. He speaks of two brothers-and the ca e is not typical, because officers on an average were 12 or 15 years older than the enlisted personnel.

Mr. KEARNS. There was only two years' difference in the ages of the e two brothers.

Mr. ROY G. FITZGERALD. It is not a typical case, if there ever was such a case. If the gentleman bas any sympa­thy or love for a soldier in his heart, he may do something for the soldier brother who he thinks is not adequately compen­sated in tllis case. I want the soldiers who have given so much-84 men under this bill have been decorated for gallantry on the field of battle--and I want them to receive an increase to show the country that this country, which is constantly increasing in wealth, is constantly increasing in appreciation of the patriotism of these men who sacrificed so much. [Ap- • plause.] If the gentleman thinks the brother that he speaks of is not getting enough, I would like to help him get some­thing for that soldier at some time and somewhere. [Ap­plause.]

The CHAIRMAN'. The Clerk will read. The Clerk, reading the bill, read as follows: SEc. 2. No person shall be entitled to benefits under the proVIsiOns

of this act except be make application as hereinbefore provided and his application is received in the United States Veterans' Bureau within 12 months after the passage of this act: Provided, That the said director shall establish a register, and applications made h ereunder shall be entered therein as o:t the actual date of receipt, in the order of receipt in the Veterans' Bureau, and such register shall be conclusive as to date o:t receipt of any application filed under this act. The term "World War," as used herein, is defined as including the period from April 6, 1917, to July 2, 1921.

l\Ir. McCLINTIC. Mr. Chairman, I would like to offer an amendment to section 1. I ask unanimous consent to return to section 1 for the purpose of offering an amendment.

The CHAIRMAN. The gentleman from Oklahoma asks unanimous consent to return to section 1 for the purpose of offering an amendment. Is there objection?

Mr. ROY G. FITZGERALD. I object. Mr. ARENTZ. Mr. Chairman, the House could not very well

hear, there was so much confusion, the reading of the biH. I think the gentleman ought to have a right to offer an amend­ment to section 1.

The CHAIRMAN. That matter is , in the hands of the com· mittee and the' gentleman from Ohio bas objected. , I

1928 CONGRESSIONAL RECORD-HOUSE 8459 Mr. BURTNESS. Mr. Chairman and gentleman of the com­

mittee, I want to say with all the sincerity I pos ess tl1at I regret exceedingly that I find myself unable to support this 1Jill. I would like to vote for it for many reasons. First and foremost, is the fact that I have some intimate friends, dis­abled emergency officers, who would receive practical benefits therefrom. I think naturally all of us would also like to vote in accordance with the wishes as expre sed by resolutioru;, of that great organization that has been referred to so often on the floor, the American Legion. With many of the service men who have spoken on the floor against the bill, I believe that the membership generally of the Legion knows little or nothing about it, and that if it did most of such membership would oppose it. Almost every service man with whom I have dis­en ed the bill in person is opposed thereto. 1\Iore and more are taking that view almost daily.

Be that as it may you as well as the service men in the district I represent know of my constant interest in their wel­fare. I have consistently voted and worked for every bill pro­viding larger di ability compensation, better hospital facilities, more liberal con truction of compensation measures, to say nothing of voting to override the Pl·esident's veto of· the ad­ju. ·ted compensation measure. I would not take a great deal for orne of the fine, splendid letters I have received from serv­ice men, their dependents, and families for .assistance rendered in various matters. As has been so well said this measure is not in reality a retirement bill; it is now admitted by all that it is a compensation bill. So the question arises as to how it will work out in actual practice when it comes to be ad­ministered. Are its terms fair and ju~t to the service men themselves? I can not for the life of me see how I would be ju tified in voting for a bill that would result in doing such a thing as the gentleman from Ohio [1\lr. KEARNs] showed by his fair illusti·ation applied to two brothers in his district. In that case two boys were reared in the same family, one through political influence obtained a commisston, and the oth.er served as a private.

I do not care whether there was 2 years or 12 years difference in their ages. They had the same possibilities before them ; they were used to the same standard of living; they came from the same family; graduated from the same college; they both offered their services to their country; the private is perma­nently disabled, totally disabled, drawing compensation of $100 per month, unable to earn a dollar, while the captain has only a 30 per cent disability so r~eives $30 per month compensation, but is a practicing lawyer with a large income. In spite of his relatively low disability, in so far as affecting earning power is concerned, but becau e he held a commis ·ion as .a captain, he would under this bill draw $150 a month for the balance of his life; while his brother, much more in need of help, would con­tinue to draw $100 per month. I can not feel that this would be fair. We have not discriminated between officers and pri­vates in pensions for veterans of the Civil 'Var and the Spanish­American War. Would we be justified in setting up these dis­criminations in the case· of World War veterans?

Mr. CONNERY. Mr. Chairman, will the gentleman yield? Jl.ir. BURTNESS. I can not yield now. Let m€ give a few

other illustrations. Let us note the diiference in the ratings between a chemist and a bacteriologist in the Veterans' Bureau. You all recall the arbitrary test of 30 per cent disability is passed upon by the Veterans' Bureau under p-resent compensa­tion laws-that rating is accepted as the guide for retirement under this bill. · A chemist who has his leg off at the kne.e is given a rating

of 33 per eent, but a bacteriologist in the same predicament, wearing the same kind of an artificial leg, is rated at 29 per cent. That is the finding of the Veterans' Bureau with reference to the e two occupations. Apparently they allow $4 more to the chemist, compensating for the fact that. po sibly in his work he must get up from his stool or his bench a little oftener dur­in ... tbe day than the bacteriologist. To-day such a chemist draws $33 per month and the bacteriologist $29, but what do the proponents of this bill say?

They say, in effect, that the difference of $4 a month beh-veen a chemist and the bacteriologist is not sufficient, even though t11ey suffered the same disability and may have had the same rank, and so they propose a law under which the chemist, who, we will say, is a major, shall then get $187.50 a month for the balance of his life, while his bacteriologi.Bt friend, wh.o may like­wise have been a major, must continue to receive $29 a month. Such discrimination can not be justified by anyone, and if this bill is passed the bacteriologist will ha>e a right to complain and will complain.

Let us take the ratings of a bookkeeper, a c-ashier, a lawyer, a doctor, and a stationary engineer as applied to a specific dis­ability. Let us assume tilat they haY"e had to have two-thirds

of . a leg amputated. Under such a condition the bookkeeper recei>es a rating of 25 per cent, the cashier of 29 per cent the lawyer receives a rating of 29 per cent, the doctor receiv'es a rating of 39 per cent, and a stationary engineer 44 per cent. This is, of course, so whether they were officers noncoms or privates. Assume the case of an emergency colo:O:el in the ~-var who happened to be a physician as compared with an emergency colonel who happened to be a bookkeeper, a cashier, or a lawyer. What is the result? The bookkeeper, the cashier, and the lawyer, whether officer or private, will continue to receive from $25 or $29 per month, while the physician colonel will under this bill receive $250 a month, or about ten times as much for the same physical disability, and a disability which under the solemn findings of the Veterans' Bureau to-day are apparently no greater to the extent of actual disability in earning power than about $10 a month.

I submit that in all fairness we can not vote for that kind of a bill if we want to do justice not only as between the enlisted man and the officer, but as between one set of emergency offi­cers and another et of emergency officers. Privates 100 per cent permanently disabled would draw but little more than half as much as a major only 30 per cent disabled. A first lieutenant 100 per cent disabled would draw $93.50 per month less than a lieutenant colonel 30 per cent disabled. All officers of the same rank would draw the same allowance if disabled to the extent of 30 per cent, regardless of whether one is totally helpless and the other able to carry on a successful business or profession.

I am in thorough accord with the remarks made by the chairman of the Veterans' Committee, the gentleman from South Dakota [Mr. RoYAL JoHNSON] this afternoon, himself a distinguished disabled emergency officer. Personally, I hope the bill may be so amended that we can all support it and do justice to some of the urgent cases whlch will be covered by legislation of this sort. I am not going to be arbitrary in my demands of amendment before giving support, but I have re­tained the right as a Representative in this House to vote for each and every amendment as it comes up, and to exercise the best judgment that I have upon the occ-asion. I can never yield to propaganda, no matter whence it comes, which demands tbat I take the bill and not amend it, but vote for it just as it is. Whenever we so yield we rock the very foundations of repre­sentative go-vernment.

Mr. JoHNSON has a proposal which seems fair and which I assume he will explain, limiting the awards largely to those suffering from actual war casualties, or to disability incurred in line of duty providing for increases with age. Mr. SIMMONS has, I understand, suggested that the percentage of disability be figured on the pay received by the officer so that the person 30 per cent disabled receive 30 per cent of such pay,. the man 75 per cent disabled that percentage, and so forth. Both .of these propositions are worthy of serious consideration. Personally, I shoUld be glad to see the base of $100 per month for total disability raised so that all totally or partially disabled, officer or private, may receive a larger amount proportionately under our compensation laws.

But why grant thousands of dollars per year to the New York judge drawing a salary for life of $12,000 per year? Why pay thousands pe1· year to fairly well paid men now profitably employed in the Veterans' Bureau, some of whom are paid salaries as high as $6,200 annually? Why establish such un­just discriminations which can not help but cause great dis­satisfaction? We have many fine, brave service men in this House, several seriously wounded and considerably disabled. Unless we were informed we could not tell whether they had served as privates or as officers. To-day as Congressmen they receive the same salary. Two splendid officers here having disability ratings respectively of 30 per cent and 39 per cent would, under this bill, receive retirement pay for life under this bill, but others of our colleagues who served as privates, corporals, or sergeants, though disabled as much or more, would not benefit thereby.

I repeat, let us proceed in a businesslike way to see if we ca\1 not perfect this bill so as to do more exact justice. If so, I will be glad to vote for it. If this is not done I must, under my oath and as I see the facts, vote against it, unpleasant as that duty is.

Mr. McCLINTIC. M:r. Chairman, I offer the following amendment, which I send to the desk.

The Cle1·k read as follows : Page 41, after line 18, insert a new section to be known as section

3 as follows : "'l.'hat the provision of this act shall not be put into eft'ect until

each nonc0lll1llissioned officer and enlisted man who participated in tbe World War and has been given a permanent disability rating of not less than 30 per cent based on service origin by the Veterans'

•

•

8460 CONGRESSIONAL RECORD-HOUSE j\{A_y 11 Bureau, shall be granted compensation in an amount of not less than $75 a month."

Mr. ABER!\"'ETHY. Mr. Chairman, I make the point of order.

l\Ir. ROY G. FITZGERALD. 1\ir. Chairman, I make the point of order.

1\Ir. McCLINTIC. 1.\-fr. Chairman, will the gentleman reserve the point of order?

Mr. ROY G. FITZGERALD. I will reserve it for three minutes.

Mr. McCLINTIC. I do not think the gentleman has a right to limit the tiine.

Mr. ROY G. FITZGERALD. Then I make the point of order. · The CHAIRl\iAN. Does the gentleman from Oklahoma ·de­sire to be heard upon the point of order?

Mr. McCLINTIC. I do. Mr. BANKHEAD. Mr. Chairman, what is the point of order? Mr. ROY G. FITZGERALD: Mr. Chairman, my point of

order is that the amendment is not germane. The CHAIRMAN. The Chair will be glad to hear the gen-

tleman from Oklahoma on the point of order. • · · · Mr. McCLINTIC. Mr. Chairman and Members of the House,

the gentleman from Ohio [1\Ir. Roy G. FITZGERALD], who is in charge of this legislation, in a speech to-day called the attention of the House to the fact that no discrimination should be made between officers who performed service in the last war. I am in accord with him on this point, but, for the life of me, I can not · understand why a discrimination should be made against the noncommissioned officers and the men who really did the fighting in the World War. According to the information given this House, a private with a 30 per cent disability rating gets in the way of compensation only approximately $25 ot $30. The average that will be paid to an emergency officer amounts to approximately $100. No one will deny that the privates and the noncommi sioned officers suffered the greatest hardships. Consequently I have offered this new section with the hope that this House will adopt the same so that no one can say that the officers performed a greater service than those who fought in the front-line trenche .

Now, as to the point of order-my new section is a qualifying limitation. This House could say that a certain thing should not be done in a month or a year. It could say that the act should not have full force or effect until the President of the Uuited State· performed a certain thing. This House could say that the bill should not take effect until the Treasurer per­formed a certain act, or it could say that until the Veterans' Bureau took certain action the bill would not become a law. I maintain that the proper way to determine what is upper­most in the minds of the Congress is to vote this new. sec­tion either up or down, and therefore I respectfully say to the Chair that in my opinion this new section should be held as in order, so that it could not later be said that this House was ~uilty of passing class legislation and by so doing stating to the public tl:rat the officers performed a greater service than the enlisted personnel.

The CHAIRMAN. The Chair is ready to rule. The Chair sustains the point of order.

Mr. JOHNSON of South Dakota. Mr. Chairman, I move to strike out everything contained in this bill after the enacting clause and insert the following as an amendment, which I send to the desk.

The Clerk read as follows : Mr. JOHNSON of South Dakota moves to strike out all after the enact­

ing clause and insert : "That any person who served as an officer of the Army, Navy, or

Marine Corps of the United States other than as an officer of the Regular Army, Navy, or l\Iarine Corps of the United States, who was separated from such service under honorable conditions, and who, during any war in which the United States has been engaged, incurred physical disability by rea on of injury received or disease contracted while in the line of duty in actual service, which at the time of appli­cation for retirement under this act incapacitates him for military service, hall, upon application as hereinafter provided, be placed on a separate -retired list, hereby created, to be known as the emergency officers' retired list, with the rank held by him at the time of separation from the active service, and continued thereon so long as said disa­bility exists. · " SEc. 2. While on the emerg('ncy officers' retired list such person

shall be entitled to the same privileges as are now or may hereafter be provided by law or regulations for officers of the Regular Army, Navy, or Marine Corps ot the United States who have been retired for physical disability incurred in line of duty : Provided, however, That the pay of such person shall be 50 per cent of the pay of the grade in which he was set·ving at time of separation from the active service, computed on the basis of the pay pr·ovided by· sections 1 to 31, in-

elusive, title 37 of the United S'tates Cede, but in no event shaU such person receive more than 50 per cent of the pay of a lieutenant colonel, except that where such person has suffered the loss of any member or part of the body, or of the use thereof, as the r esult of a wound re­ceived in battle, or has reached the age of 70 years or more, he ahall be entitled to 75 per cent of the pay of the grade in which he was serving at time of separation from the active service, computed on the basis of the pay provided by sections 1 to 31, inclusive, title ~7 of the United States Code, but in no event shall such person r~eive mere than 75 per cent of the pay of a lieutenant colonel.

" SEc. 3. No person shall be entitled to the benefits of this act unless an application therefor be received in the United States Vet&rans' Bureau within 12 months after the passage of this act. The Dil'ector of the United States Veterans' Bureau shall establish a registel', and applications made hereunder shall be entered thereon as of the actual date of receipt in the United States Veterans' Bureau, and iJ;1 the order thereof, and such register shall be conclusive as to da\:e of receipt of any application filed under this act. . "SEC. 4. The Director of the United States Veterans' Bure~u i!l hereby authorized to create necessary boards to determine whether an applicant under this act incurred physical disability by reasort of injury recl.'ived or disease contracted while in the line of duty in actual service and the extent that such disability incapacitates such p10rson at the time of application. The decisions of such boards shall be final when approved by the. director.

" SEe. 5. Payments under this act shall be made in accordance with an award by the Director of the United States Veterans' Bureau, and such awards shall be effective as of the date of application.

" SEc. 6. The director shall cause persons on the emergency. offi­cers' retired list to be examined at such intervals as, in his discre­tion, may be d~emed advisable, and those persons who shall be found. to have recovered from their disabilities shall, from the date of re­covery, as determined by the director, be removed from such list and their right to receive refu·ed pay under the provisions of this act shall cease.

"SEC. 7. All pay to which such persons may be entitled under the provisions of this act shall be paid out of the appropriation for military and naval compensation of the United States Veterans' Bu­reau. While receiving such pay and allowances such persons shall not be paid compensation under title 38 of the United States Code, as amended.

" SEc. 8. Pen;ons on the emergency officers' retired list shall be entitled to the benefits of hospitalization under the provisions of sec-tion 484, title 38, of the United States Code as amended. ·

" SEC. 9. Where any person entitled to the benefits of this act is incompetent or for any other reason is unable to apply, ·an applica­tion may be made by his duly authorized legal representative: Pro­vided, however, That where any person otherwise entitled to be placed on the emergency officers' retired list, having neither wife, child, nor dependent parent, shall have been maintained by the Gov­ernment of the United States for a period or periods amounting to six months in an institution or institutions and shall be deemed by the director to be insane, such person shall not be entitled to the benefits of this act.

"SEC. 10. Any officer of the Army, Navy, or l\Iarine Corps of the United States other than an officer of the Regular Army, Navy, or Marine Corps of the United States who has heretofore been granted retirement under any other act shall from the date of passage of this act be no longer entitled to receive retirement pay unless he shall qualify under this act.

" SEC. 11. There is hereby established in the United States Vet­erans' Bureau under the direction of the director a separate service to be known as the retirement service. For the purpose of administra­tion the. Director of the United States Veterans' Bureau is author­ized and directed to perform or cause to be performed any or all acts, and to make such . rules and regulations, as may be necessary and proper for the purpose of carrying this act into effect. All officers and employees of the bureau shall perform such duties under this act as may be assigned them by the director. All official acts per­formed by such officers or employees especially designated therefor by the director shall have the same force. and effect as though per­formt=:d by the director in person. The appropriation for the ad­ministrative expenses of tile United States Veterans' Bureau shall be available for this purpose.

" SEC. 12. Persons placed on the emergency officers' retired list shall be entitled to wear the uniform of the rank on which they were retired. They shall be subject to assignment to active duty in accordance with the provisions of sections 991 to 999, inclusive, title 10, of the United States Code, and to the rules and Articles of War, and to trial by general court-martial for any breach thereof."

Mr. ABERNETHY. 1\lr. Chairman, I desire to reserve a ­point of order on the amendment.

Mr. ROY G. FITZGERALD. Mr. Chairman, I make a point of order against this suggested amendment in a way of substi-

''

1928 CONGRESSIONAL RECORD-HOUSE 8461 tute, because it comes after this cowmittee has passed over the first section. I insist that it comes too late.

Mr. -ABERNETHY. I make the point of order against the amendment on the ground that it is not germane.

The CHAIRMAN. The Chair overrules the point of order made by the gentleman from Ohio and sustains tha,t of the gentleman from North Carolina.

Mr. JOHNSON of South Dakota. 1\lr. Chairman, I think ~e gentleman from North Carolina is entirely correct~ bec~u~e this substitute would make this law apply to officers of the Civil War and Spanish-American War. Does the gentleman insist on his point of order?

Mr. ABERNETHY. I do: It is intended to kill the bill. 1\lr JOHNSON of South Dakota. If the gentleman insists

upon· it, its only effect will be to eliminate from ~~is retirement act those officers of the Civil War who are yet hvrng and those officers of the Spanish-American War who would come under this act the same as veterans of the World War. If the gen­tleman ~akes the point of order on that ground, that it is not germane, the point of order is sound.

. The CHAIRMAN. The gentleman from Ohio makes the point of order on section 1. The Chair calls the attention of the gentleman from South Dakota that section 1 and sections 10 and 12 are not germane.

Mr. JOHNSON of South Dakota. Semon 10, Mr. Chairman, might possibly be subject to a point of order, for the reason that in 1921 or 1922 s~ial bills passed the House retiring a few naval officers and Marine Corps officers. It would make no dif­ference, however, in the general character of the substitute. Of course the elimination of section 12, to which the gentleman refers, co'uld make · no difference except that it would permit

. these officers on the retired list to wear the uniform of the rank at which they were retired. I will say to the gentleman from North Carolina that section 12, if he will withdraw his point of order--

Mr. ABERNETHY. I will reserve it, but I will not with­draw it.

Mr. JOHNSON of South Dakota. It provides that persons placed on the emergency officers' retireq list shall be. entitled to wear the uniform of the rank on which they were retired. 'l'bey shall be subject to assignment to active duty in accordance with the provisions of sections 991 to 999, inclusive, Title X, of the

· United States Code, and to the Rules and Articles of War, and to tii.al by general court-martial for any breach thereof, the same as any Regular Army officer. I do not care to argue the point of order further.

The CHAIRMAN. The Chair is ready to rule. 1\lr. GARRETT of Texas. Mr. Chairman, a parliamentary

inquiry. . The CHAIRMAN. The gentleman will state it. Mr. GARRETT of Texas. If the .Chair should bold that this

amendment is in order, and it would come to a vote, what are we people to do who have received information from the posts that the enemies of this bill were going to offer such amendments, and that we should vote against all amendments?

The CHAIRMAN. That is not a parliamentary inquiry. Mr. ABERNETHY. Mr. Chairman, I insist on the point of

order. The CHAIRMAN. The Chair will state that the gentleman

from South Dakota kindly furnished the Chair with a copy of his amendment earlier in the afternoon, and therefore the Chair looked up the precedent.s bearing on t).le case, and there is no question as to its being subject to a pomt of order.

Mr. JOHNSON of South Dakota. Mr. Chairman, I offer a modified amendment, with the elimination of sections 10 and 12 and the first section.

Mr. LEHLBACH. Mr. Chairman, I understand that sections 10 and 12 of this substitute are sections which are pertinent in a O'eneral way and are relevant to the subject of retirem_E'Ilt of officers for physical disability. .

Now the gentleman's amendment is to strike out all after the en~cting clause and to substitute new matter on the same o-eneral subject as is described in the title, which is all that is left. If that is the case, the rule is that the subject matter so sought to be substituted does ·not have to be germane to the text of the bill to which it is offered as a substitute but J1as only got to be germane generally to the subject matter of the legislation, and therefore I think sections 10 and 12 are good.

The CHAIRMAN. The Clerk will read the modified amend-ment offered by the gentleman from South Dakota. .

Mr. RAMSEYER. Mr. Chairman, I understand that IS to eliminate sections 10 and 12.

1\ir. JOHNSON of South Dakota. And amend section 1. Mr. RAMSEYER. Why not ask unanimous consent that the

bill be considered as read?

Mr. ABERNETHY. Mr. Chairman, I make tbe point of order that it is not germane. I am insisting on the point of order.

1\Ir. JOHNSON of South Dakota: I ask unanimous consent that this amendment, which is exactly the same as the previous one, except the first section and the elimination of sections 10 and 12, be considered as read.

The CHAIR::\IAN: Is there objection to the request of the gentleman from South Dakota?

There was nb objection. Fo1lowing is the amendment offered by the gentleman from

South Dakota: That any person who served as an officer of the Army, Navy, or

. Marine Corps of the United States during tll e World War other than as an officer of the Regular Army, Navy, or Marine Corps of the United States, who was separated from such service undeF honorable conditions, and who incurred physical disability by reason of injury recpived or disease contracted while in the line of duty in actual service, which at the time of application for retirement under th:l.s act incapacitates him for military service shall. upon application as hereinafter pro­vided, be placed on a separate retired list, hereby created, to be known as the emergency officers' retired list, with tlle rank held by him at the time of separation from the active service, and continued thereon so long as said disability exists. _

SEC. 2. While on the emergency officers' retired n·st such person shall be entitled to the same pr-ivileges as are now or may hereafter be provided by law or regulations for officers of the Regular Army, Navy, or Marine Corps of the United States who have been retired for physi­cal disability incurred in line of duty: Prov ided, however, ·That the pay of such person shall be 50 per cent of the pay of the grade in which he was serving at time of separation from- the active service, computed on the basis of the pay provided by sections 1 to 31, inclu­sive, title 37 of the United States Code, but in no event shall such person receive more than 50 per cent of the pay of a lieutenant colonel, except that where such person bas suffered the loss of any member or part of the body,- or of the use thereof, as the result of a wotmd re­ceived in battle, or has reached the age of 70 years or more, shall be entitled to 75 per cent of the pay of the grade in which he was serving at time of separation from the active service, computed on the basis of the pay provided by sections 1 to 31, inclusive, title 37 of the United States Code, but in no event shall such person receive more than 75 per cent of the pay of a lieutenant colonel.

SEC. 3. No person shall be entitled to the benefits of this act unless an application therefor be received in the United States Veterans' Bureau within 12 months after the passage of this act. The Director of the United States Veterans' Bureau shall establish a register, and applications made hereunder snail be entered thereon as of the actual date of receipt in the United States Veterans' Bureau, and in the order thereof and such register shall be conclusive as to date of receipt of any ap~Iication filed under this act.

SEc. 4. The Director of the United States Veterans' Bureau is hereby authorized to create necessary boards to determine whether an appli­cant under this act incurred physical disability by reason of injury received or disease contracted while in the line of duty in actual serv­ice and the extent that such disabillty incapacitat~ such person at the time of application. The decisions of such boards shall be final when approved by the director.

SEc. 5. Payments under this act shall be made in accordance with an award by the Director of the United States Veterans' Bureau, and such awards shall be effective as of the date of application.

SEC. 6. The director shall cause persons on the emergency officers' retired list to be examined at such intervals as, in his discretion, may be deemed advisable, and those persons who shall be found to have recovered from their disabilities shalJ, from the date of recovery, as determined by the director, be removed from such list and their rigb"t to receive retired pay under the provisions of. this act shall cease.

SEc. 7. All pay to whicll such persons may be entitled under the provisions of this act shall be paid out of the appropriation for military and naval compensation of the United States Veterans' Burea u. Wbile receiving such pny and allowances such persons shall not be paid com· pensation under title 38 of the United States Code, as amended.

S:&c. 8. Persons on tile emergency officers' retired list shall be entitled to the benefits of hospitalization undet· the provisions of section 484, title 38, of the United States Code, as amended.

SEc. '9. Where any person entitled to the benefits of this act is in­competent or for any other reason is unable to apply, an application may be made by bis duly authorized legal representative: Provided, 1wwever, That where any person otherwise entitled to be placed on the emergency officer s' retired list, having neither wife, child, nm.· dependent parent, shall have been maintained by the Government of the United States for a period or periods amounting to six months in an institution or instih1tions and sllall be deemed by the director to be insane, such person shall not be entitled to the -benefits of this act.

* * * * • * * SEc. 11. There is hereby established in the United States Veterans'

Bureau under the direction of the director a separate service to be known as the retil"ement service. For the purpose of administration

8462 CONGRESSIONAL RECORD-HOUSE I ]\fAY 11 the Director of tbe United States Veterans' Bureau is authorized and directed to perform or cause to be performed any or all acts, and to make such rules and regulations, as may be necessary and proper for the purpose of carrying this act into effect. All officers and employees of the bureau shall perform such duties under this act as may be assigned them by the director. All official acts performed by such offi­cers or employees e pecially designated therefor by the director shall have the same force and effect as though performed by the director in person. The appropriation for the administrative expenses of the United States Veterans' Bureau shall be available for this purpose.

Mr. ABERJ\~THY. Mr. Chairman, I make a point of order that it i not germane.

The CHAIRMAN. Does the gentleman from North Caro­lina desire to argue the point of order'? The Chair is ready to rule.

1\Ir. ABERNETHY. I will not argue it, but will let the Chair rule.

The CHAIRMAN. The Chair overrules the point of order. 1\Ir. JOHNSON of South Dakota. Mr. Chairman, I had

intended to offer much of the matter contained in the substi­tute in the form of amendments, but it would have necessitated the offering of eight or ten different amendments and I thought it would be much clearer to the membership of the committee if I offered all of the changes as a substitute.

I have a very limited time and I can therefore discuss it to a very limited extent.

This substitute would affect only those members of the dif­ferent forces in the World War, the emergency officers, who are Uisabled to the extent of 50 per cent and in no event would they receive more than 50 per cent of the pay of a lieutenant colonel. This plan is based on all the legislative precedents of the United States Government since the time of the Revo­lutionary War. I do not intend to go into them at this time, becau ·e there would not be time, but I stated the facts with reference to those precedents in the remarks I ·made this after­noon in general debate.

There is one exception to the 50 per cent that would be received by the e officers, however, and that is in cases known as battle casualties and men who have arrived at the age of 72 years. In the case of battle casualties, men who were maimed in actual warfare, and those who arrive at the age of 72, they will receive 75 per cent of their base pay, exactly as is provided in the present bill now before the House.

Mr. NEWTON. Will the gentleman yield? Mr. JOHNSON of South Dakota. Yes. 1\lr. NEWTON. Is the gentleman's substitute based on the

rating of disability at the time made or is the rating based on the disability as it progresses lafer on in life?

:Mr. JOHNSON of South Dakota. As it shall be found by the board created in the Veterans' Bureau within the next year.

Mr. NEWTON. The condition within the next year? Mr. JOHNSON of South Dakota. Yes. But there is this

exception. I provide in this substitute. the same as is pro­vided for the Regular Army officer, that these officers will be called before this board to be examined at such times as the Government shall direct; in other words, a man might be very ill to-day and might recover entirely within the next two years. In that event, under section 12, I provided that he be called back to active duty, but that section was stricken out on a point of order, and it is now provided that a rna?- shall be called before this board whenever that may be desired.

Mr. KETCHAM. Will the gentleman yield? Mr. JOHNSON of South Dakota. Yes. l\Ir. KETCHAM. Do I understand that the basic principle

of your bill is the idea of disability rather than rank? l\Ir. JOHNSON of South Dakota. It is ba ed on both. It

is based on the policy that was initiated after the Revolutionary War, after the Mexican War, and was in force and effect in thi · country after the Civil War until the time when pen ions gave a soldier more money than he would have received by the ecuring of his pension based on rank.

l\Ir. WAINWRIGII'l'. I will ask the gentleman to ref)eat his reference to battle casualties.

1\Ir. JOHNSON of South Dakota. That is the man who re­ceived his injury in battle; he would receive 75 per cent of his base pay, exactly as it is t(}-day with regard to Regular Army officers under the general retirement statutes.

Mr. WAINWRIGHT. Is there any difference as to the degree of di ability?

Mr. JOHNSON of South Dakota. There is this difference: An emergency officer must be 50 per cent disabled. Another requisite it provides that this bil~ S. 777 does not provide is that an officer must have been honorably discharged from the service. I azq I!Ot entirely certain, but I do not think the bill

before the committee provitie that an officer mu t be honorably discharged, and I do not agree with the idea that a man should be compensated if he has been court-martialed and dishonor­ably discharged from the Army.

In the present bill before us no provision i made for an insane officer to make a claim for retirement, because there is no provision in the bill providing tl1at his guardian can ask for retirement. I have provided in this substitute that in the ca e of officers who are insane the guardians may file the reque t.

The CHAIRMAN. The time of the gentleman from South Dakota has expired.

Mr. NEWTON. Mr. Chairman, I ask unanimous consent that the gentleman from South Dakota may proceed for five addi­tional minutes.

The CHAIRl\1AN. The g~tleman f1·om Minnesota asks unanimous consent that the gentleman fTom South Dakota may proceed for five additional minutes. Is there objection?

Mr. GARRETT of Texas. l\Ir. Chairman, reserving the right to object, I want the gentleman from South Dakota in these five minutes, which I do not intend to object to, to explain how we are to explain our vote in favor of any amendment that is offered to this bill after the wires we have received from all of our posts. I want him to explain that, and I am not joking about it.

If the gentleman has come in here with a half-baked propo­sition that nobody knows anything about and is e}.-pecting us to vote for it, I would like to know it.

The CHAIRMAN. Is there objection to the request of the gentleman from Minnesota [Mr. NEWTON]?

There was no objection. Mr. JOHNSON of South Dakota. I want to answer the

gentleman. I may say to the gentleman from Texas that I am very pleased to answer his question. In the first place, this is not any half-baked proposition. Many Members of Congress and some of the best lawyers in the departments have put in a great deal of time trying to work out a fair and equitable law that will give these emergency officers justice and also not violate the precedents of the United States.

1\fr. GARRETT of Texas. But the Legion thinks you are doing that in this bill. They do not know about this substitute.

Mr. JOHl~SON of South Dakota. That may be. The gen­tleman also talks about Members of Congress explaining their votes. I came to the point about 10 or 12 years ago, just like the gentleman did, where I do not waste time explaining my votes and whenever any Member of Congress from Texas, and parti~ularly this gentleman, commences to explain his vote, I will think the world is coming to an end.

Mr. GARRETT of Texas. I thank the gentleman for the compliment.

Mr. NEWTON. 'Vill the gentleman now yield to me? Mr. JOHNSON of South Dakota. Yes. Mr. J\TEWTON. The gentleman in his sub titute starts in

with a 50 per cent permanent disability as the basis of rerating. Mr. JOHNSON of South Dakota. That is correct. 1\Ir. NEWTON. If after the reexamination there should de­

velop a disability less than 50 per cent, then he goes off the list; is that correct?

Mr. JOHNSON of South Dakota. That is correct. He would go off the list.

Mr. NEWTON. But as long as it remained a 50 per cent or more disability he remains on the list and receives this disability compensation under the gentleman's amendment.

1\Ir. JOHNSON of South Dakota. They receive 50 per cent of it based on the Army pay, but not to exceed 50 per cent of the pay of a lieutenant colonel as provided in the legislation immediately after the Revolutionary War.

1\Ir. BURTNESS. Will the gentleman yield? Mr. JOHNSON of South Dakota. Yes. Mr. BURTNESS. Does the amendment contain the same

option carried in the pending bill? In other words, if the amount would be le s, they can continue to receive compen­sation from the Veterans' Bureau.

Mr. JOHNSON of South Dakota. Oh, certainly; they do not need to come in under the law unless they desire it.

Mr. BURTNESS. If they should have a disability of 50 per cent or more at one time and then later be reduced below 50 per cent, but afterwards ' their condition should become aggra­vated, they would be entitled to go back on the roll?

1\lr. JOHNSON of South Dakota. Yes; they would be en­titled to go back on the roll.

Mr. O'CONNOR of Louisiana.. Will the gentleman yield? 1\Ir. JOHNSON of South Dakota. I yield to the gentleman

from Louisiana. Mr. O'CONNOR of r...~ouisiana. In view of the importance of

the substitute measuTe, why did not the gentleman publish it

1928 CONGRESS! ON AL RECORD-B;OUSE 8463 a day or two ago in the RECORD so we would. have information re pecting it?

Mr. JOHNSON of South Dakota. I will say to the. gentle­man that I have explained the amendment and it has been read here this afternoon. I have voted on more important measures than this without any such publication.

Mr. McSWAIN. Will the gentleman yield? -Mr. JOHNSON of South Dakota. I yield to the gentleman. Mr. McSWAIN. I would like to ask the gentleman how

long the committee of which the gentleman is chairman has had under consideration the matter contemplated by the bill introduced by the gentleman from Ohio [Mr. FITZGERALD].

Mr. JOHNSON of South Dakota. About as long as the Military Affairs Committee has had under consideration the bill to conscript capital and labor-about six years;

Mr. McSWAIN. Yes; about six years. When did it occur to the gentleman that the provisions contemplated in his present amendment were just and right? When did that occur to the gentleman?

Mr. JOHNSON of South Dakota. That occurred after I read the Senate bill, and after I sat down night after night and day after day with Members of _Congress and various men in the departments and tried to work out a fair and just bill and one that the _President would sign, and I could conscientiously vote for.

Mr. McSWAIN. Does the gentleman expect gentlemen who can not hear the proposed amendment read, and can not under­stand its provisions in this short time, to vote for such a sub­stitute for a bill that the committee of which the gentleman is chairman has deliberately brought in here after six years of consideration?

Mr. JOHNSON of South Dakota. I would say that is en­tirely within the gentleman's own mind and heart. If he can not understand it this afternoon, I am not to blame for that.

Mr. McSWAIN. I can not hear it. I could understand. it if I could ever hear it. . · Mr. JOHNSON of South Dakota. I ask unanimous consent that the substitute may again be read so that the gentleman from South Carolina can hear and understand it.

The CHAIRMAN. The· gentleman from South Dakota asks unanimous consent that the amendment may again be reported. Is there objection?

SEVERAL MEMBER-S. I object. 1\Ir. ROY G. FITZGERALD. Mr. Chairman and gentlemen

of the committee, there ·is no disposition on the part of the American Legion or myself or anyone in charge of this bill to ask any Member of this House to vote for anything that his conscience does not approve.

This matter has been before Congress for seven .years, and if this particular bill has not been reported from the . Senate until the last two months to attract the attention of my good friend from South Dakota, other bills almost exactly similar have been before us which should have incited him to give the matter this tudy.

I realize if we do not pass the bill which the Senate has three times passed and sent to the House, after all our efforts to get a bearing in the House, we can not pass the bill at all. I therefore plead with the members of the committee to be a little patient with the American Legion that has given sQ much attention to this matter in order to do something for these disabled men.

The bill only raises the average compensation to $132 a month, and I hope you will resist the fascinating attempt to improve the measure at the last minut~. I do not say but what the amendment might be a goQd substitute, but it is praGtically impossible to attempt to do this now. We have no statements or estimates or any complete study of it.

Mr. KINCHELOE. Will the gentleman yield? Mr. ROY G. FITZGERALD. Yes. Mr. KINCHELOE. Is it the intention of the chairman of

the committee to complete the consideration of the bill to-night? Mr. ROY G. FITZGERALD. I hope so and I would like to. Mr. KINCHELOE. Does the chairman intend to? Mr. ROY G. FITZGERALD. I certainly do not want to

obstruct anybody or obstruct any effort anybody may make to develop his own opinion.

l\Ir. KINCHELOE. I am not talking about that, but is it the intention to try to keep a quorum in the Committee of the Wbole until we get through?

Mr. ROY G. FITZGERALD. Oh, I would like to do that but I am not going to be ugly abo'Qt it.

Mr. GRIFFIN. Mr. Chairman, I move to- strike out the last word. I am glad at last to have an opportunity to yield to the admonition of my friends in the American Legion-for they are my friends-they ought to be my friends, because I bave

helped them consistently through the whole course of my service in this House.

I am glad to yield to this extent, that I will vote against this amendment of my good friend from South Dakota [Mr. JoHNSON]. I do so with all due deference to him, and only because I think be falls into the same error of judgment as those who prepared this bill. They have tried to do something that is logically inconsistent and impossible, and he in trying to avoid their pitfall trips lightly into a similar mistake.

In other words, this bill aims to retire men who are not in the service. How can that be done? These emergency officers have been out of the service for years, and yet this bill and the Johnson amendment propose to put them on the retired list. ·

What does "retired" mean? Look in the dictionary. Retire-· ment means withdrawal from the service. How can you retire men who are not in the service?

Briefly this bill provides that men who served in the World War and who happened to be lucky enough to secure commis­sions as emergency officers shall retroactively be put in the same po ition as Regular Army officers and be entitled to retirement at three-fourths pay-precisely to the same extent as though they had continued in the service and had not taken their dis­charges at the close o! the World War. The only limitation or requirement being that they shall have suffered a 30 per cent disability. The financial significance of this is shown in the following figures. If this bill becomes a law, emergency officers with disability to the extent of only 30 per cent will receive the following retirement pay or compensation for the rest of their lives:

~~i~!~l=~~~~~~~----_-_-_-_-_-_-_-_-_-_-_-_-_-.:_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_~~~~~~~~ $~~i~ ~~ ~joti~~~_:-~o~~~=---_-_-_-:.=-_-_:-_:-_:-_-_-.=-:_-:-_:-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_::=:=:~=== i~~: ~g captain _________________________________________________ 150.00 First lieutenant---------------------------------------- 125. 00 Secondlieutenant---------------------------------------- 93.7a

Now, what does the ordinary enlisted man receive under our compensation laws? He receives $1 for each per cent of disa­bility, so that an ex-service man with 30 per cent disability can receive only $30 per month. Our World War compensation law is considerably different from the old pension laws appli­cable to Civil War and Spanish War veterans. It is decidedly more liberal in the amount allowed and in the methods of administration, but it is essentially a pension law, and the fundamental characteristic of a pension law or compensation law is that relief is afforded on the oasis of abstract manhood and not on the basis of rank.

After the close of the Civil War an attempt was made to pass a pension law based on rank, but it was ignominiously beaten. Again during the framing of the World War compen­sation act a provision was at first included providing for allow­ances ba ed on a percentage of the soldiers' pay ; in other words, a pension or compensation based on rank. The pro­posal raised a storm of objections and was stricken from the bill on the floor of the House. The American Congress was not then ripe to admit the principle that pensions should be granted upon the basis of fortuitous rank, or that the wife and children of an officer were entitled to greater considera­tion than the wife and children of an enlisted man. In o-ther words, Congress then stood upon the principle ; and I hope it will still adhere to it that in this democracy of ours there should be no discrimination in our pension laws between officers and men.

But the argument is made .in behalf of this bill that it is a retirement act and not a pension measure. The gentlemen who make that contention are indulging in a little self-dece:g.­tion to ease their consciences. This is not a retirement bill. The emergency officers whom it affects have been out of the service for nine years. They were in civil life before the emergency of the war induced them to take upon themselves the duties of soldiers and they have by this time, after the lapse of nine years, returned to their original vocations.

This is simply a bill to raise the compensation of a few emergency office1·s. If you want to raise their compensation, introduce a bill that will frankly confront the question and raise the compensation of all alike w bether officers or enlisted men. [Applause.] That is the solution of the difficulty.

The CHAffiM .. <\.N. The time of the gentleman from New York ba expired. The question is on the motion offered by the gentleman from South Dakota.

The question was taken, and the amendment was rejected. Mr. LUCE. Mr. Chairman, I move to strike out the last

word. It is not my purpose to debate the merits of this bill. If the opportunity pre ents itself I intend to move to recommit the bill for the following reasons :

8464 CONGRESSIONAL RECORD-HOUSE J\fA.y 11 I have been a member of the Committee on World War

Veterans' Legislation since its creation four years and more ago. No matter that has come to it has so much perplexed me as this particular proposal. On the whole I ba ve thought that the arguments in favor of the proposal outweighed those against it, and I have voted in past years to report this pro­posal favorably.

This year an opportunity to bear all the arguments was .refused to the minority of the committee. Those who believe that so important and far reaching a change in the policy of the United States ought to have let in upon It the light of argument, were refused hearings, refused an opportunity to lis ten to the facts in the case, and this bill was reported to the House without one minute of argument on its merits.

If ever a debate illuminated a subject in tltis body it has been the debate of the last two days. Member after :Member has told me that if he had known beforehand of the facts that have been presented in this debate he would never have committed himself to the support of this measure in its pre ent form. Had I known all these facts I never would have committed my elf without further study. You may see then that here is an occasion, if there ever was one, that

· demands the proper functioning of the machinery of the House, set up to meet just such a contingency. The House has a right through its committees, its eyes, its ears, to have a study of the question, and a study of the question bas never been given by the full committee on World War Veterans' Legislation. Therefore, not in opposition to the proposal, not in support even of the amendment which has just been pre­sented to you, because I have not read it, and have not been informed about it, and know nothing about its details save what I have just heard-not in support of any position in this matter, but as a plea for the ordinary method of con­sidering important proposals, and in behalf of the machinery et up by the Hou e for its information, I trust this com­

mittee when it is resolved into the House will conclude that the wise course is to I'ecommit the bill for further consideration. [Applause.]

Mr. SCHAFER. :Mr. Chairman, I rise in opposition to the pro forma amendment. I hope the motion to recommit which the gentleman is going to offer will be defeated by an overwhelming vote. I remember a few weeks ago on the floor of this House, when a committee of which the gentleman from Massachusetts [Mr. LuCE] is a member, reported a bill to retire presidents of the Federal re erve banks, who have been receiving from $20,000 to $50,000 a year salary in their present occupation, and give them retirement pay of $8,000 or $9,000 a year, the gentle­man from Massachusetts [1\Ir. LucE] made an impassioned speech in behalf of the legislation.

A motion to recommit without instructions is a motion to defeat, and his la t-minute attempt to defeat the emergency officers' retirement legislation does not harmonize with his posi­tion on legislation to retire bank presidents.

The CHAIRMAN. The pro forma amendment is withdrawn. Under the rule the committee will rise.

Mr. ROY G. FITZGERALD. Mr. Chairman, I move that the committee do now rise.

The CHAIRMAN. It is not necessary under the rule. Accordingly the committee rose; and the Speaker having re­

sumed the chair, Mr. LAGUABDIA, Chairman of the Committee of the Whole House on the state of the Union, reported that that committee had had under consideration the bill S. 777, the emergency officers' retirement bill, and had directed him to re!){)rt the same back to the House without amendment, with the rec­ommendation that the bill do pa s.

The SPEAKER. Under the rule the previous question is ordered. The question is on the third reading of the Senate bill.

The bill was ordered to a third reading, and was read the third time.

1\lr. LUCE. Mr. Speaker, I mo>e that the bill be recommitted to the Committee on World War Veterans' Legislation.

Mr. HOY G. FITZGERALD. Mr. Speaker, on that I demand the previous question.

Mr. KEARNS. 1\fr. Speaker, a parliamentary inquiry. In the Committee of the Whole this bill was never voted on. Is it not neces ary to vote on the bill in committee.

The SPEAKER. The committee recommends the passage of the bill. It doe not pass the bill. -Mr. KEARNS. But is not it necessary for the committee to

vote on the bill as to whether that committee shall recommend it for passage?

The SPEAKER. The gentleman from Massachusetts moves to recommit the bill, upon which motion the g~ntleman from Ohio demands the previous question.

't'he previous question was ordered.

The SPEAKER. The question is on the motion of the gen­tleman from Massachusetts to 1·eeommit the bilL

The question was taken; and on a division (demanded by 1\lr. LuaEJ) there were--ayes 81, noes 145.

Mr. RANKIN. Mr. Speaker, on that I demand the yeas and nays.

The SPEAKER. The gentleman from Mississippi demands the yeas and nays. Those who favor taking the vote by the yeas and nays will rise and stand until counted. f After count­ing.] Thirty-seven Members have risen, not a sufficient number, and the yeas and nay are refused.

So the motion to recommit the bill was rejected. The SPEAKER. The question now is on the passage of the

bill. Mr. ROY G. FITZGERALD. Mr. Speaker, on that I demand

the yeas and nays. The SPEAKER. The gentleman from Ohio demands the

yeas and nays. Those in favor of taking the vote by the yeas and nays will rise and stand until counted. [After counting.] Forty-five Member have risen, not a sufficient number. The question is, Shall the bill pass?

The question was taken, and the bill was pa ed. On motion of Mr. RoY G. FrrzoER.ALD, a motion to reconsider

tile vote by which the bill was passed was lai~ on t?-e talJ.le.

THE So-CALLED BOX IMMIGRATION BILL

1\Ir. BURTNESS. l\!r. Speaker, I ask unanimous consent to extend my remarks in the RrooRD by inserting therein a state­ment which I made before the House Committee on .Immigration on the so-called Box immigration bill.

The SPEAKER. Is there objection? There was no objection. Mr. BURTNESS. 1\Ir. Speaker, under unanimous consent

granted me I desil'e to call the attention of the Members to a statement which I made recently before the Immigration Com­mittee of the House . upon· the so-called Box immigration bill. This bill, if enacted, would place not only Mexico, but also the Dominion of Canada within the quota provisions of the immigration act. The statement to which I refer, including the questions asked by various members of the committee, is as follows:

Mr. BURTNESS. l\Ir. Chairman and gentlemen of the committee, I appeared before tbis committee on a similar measure two years ago, so some of you older members of the committee already know my views with reference to it, perhaps; yet the matter is of such importance to the people of our territory that I felt justified in a king for time to appear aga.in. I have been busy in my own committee, so I do not know the nature of the presentation that has been made up to this point. ·

I am interested in this bill and in its effect from two viewpoints, pri-marily-or at least, as to its effect in two different respects. ·

First, in its effect upon immigration that has been coming to the United States, and which some of us expect and hope will continue to come to us, from the Dominion of Canada; and, secondly, with respect to the immigration that comes into this country from M'exico.

Most of you know that I live up close to the Canadian border. The district which I have the honor to represent extends directly to the border. My home town is within 90 miles thereof. The people in our State, the people in Minnesota, the people generally in all of the border States travel back and forth into Canada. Each summer we see over at the Minnesota lakes, for instance-which, by the way, is the finest summer playground in the country anywhere, and we hope many of you people can come there to spend your summer vacation--

Yr. MAcGREGOR ·(interposing). I move that the gentleman be given leave to print. [Laughter.]

Mr. BURTNESS. Seriously, we find literally hundreds upon hundreds of Canadian citizens spending their vacation there, a great many people, for instance, from the city of Winnipeg and from others of the larger towns. This emphasizes the cordial relations now existing between Amerieans and Canadians.

I was interested in ascertaining the kind of immigration and the quantity of immigration that comes from Canada. I know from per­sonal knowledge, of course, that the farmers that we have living in North Dakota who 20 and 30 and 40 years ago emigrated into the United States from Canada are among the thriftiest, the ablest, the most capable farmers that we can find anywhere in that country. The same is true of the business men. 81) I was interested, a I say, in determining something about the type of immigration that we are get­ting now and the quantity of it, and I took those questions up with Mr. Hull, Commissioner General of Immigration, and he sent me an interesting table which gives detailed information, and at an -appro­priate place I would like to have it inserted in the record.

I find from tllis table that in the .fiscal. year ended July 1, 1925, there were admitted into tbe. United States 100,895 immigrants whose permanent residence was in Canada. In 1926 the number was 91,019, and in the fiscal year 1927 the number was 81,506.

1928 CONGRESSIONAL RECORD-HOUSE 8465 I h:r>e stated that these were immigrants whose permanent residence

was in Canada. You will note the fact that that does not mean that all of them came in outside of the quota, because some of these, though permanent residents of Canada, were born in other countries. Such would be charged under present laws to the quota of the country of their birth. So I asked for information over the telephone as to how many of these that nre listed in the table furnished are also Canadian born, and the reply came back a little later that about 83 per cent of them nre Canadian born. So there should be a reduction of 17 per cent if you want to ascertain the exact number that are Canadian born, and would then be chargeable to the Canadian quota if a quota were established with reference to Canada similar to the quotas estatr li shed with reference to European countries.

Mr. Box. That is because the quota r estrictions now apply to those people coming through Canada who were born in European countries.

Mr. BURTNESS. Exactly. So the situation at any rate is that if you pass the Box bill we would be deprived-whether for good or for ill is, of coarse, the question for determination-we would be deprived of something like 75,000 Canadian-born immigrants each year. There is no good reason to suppose that that immigration is likely to decrease in the future without legislation.

Mr. SCHNEIDER. Do many of those folks come to your State and to yom district for farm purposes?

:Mr. BuRTNESS. Some of them do. Of course, it is difficult to tell just how many come to my State or come to some other State. I have not exact information on that quesUon.

Mr. ScHNEIDER. Just what kind of work do they do? Mr. BURTNESS. I was going to come to that feature in my statement

very shortly, as to the occupations of people that come in, because J have that information here; it is given in the table that I have asked leave to insert. But before I go to that, let me suggest this general observation. Some of these people that will be shut out have had con­tacts heretofore with the United States within the last 20 or 25 years­yes; also within the last 10 or 15 years-the Canadian Northwest has been greatly developed. Many encouragements were given to settlers by the railroads, by the immigration department of Canada, and the like. With what result? We saw leaving our ~tates, leaving all of our Northwestern States, many of our young men and young women, going up into the Canadian Northwest, American-born citizens of the United States. They went up there, whetller they were right or wrong, upon the theory that Canada offered wonderful opportunities to them. A great many of them went as brides and grooms. The young man had gone up and filed on land and came back and got married and they moved up there. They have raised their families in Canada. Some of them have come back. Quite a number of them have come back. From what I am able to learn I find that there are a lot of them still up there, American born, who hope sooner or later to sell out in Canada and come back to the United States. In the meantime they haye raised childt·en. .The children a.re Canadian born. The passage of the Box bill would, of course, prevent these Canadian-born children, but whose parPnts were American born, from coming into the United States, except in such numbers as could come in within the quota that would be per­mitted by the bill.

The CHAI:RMAN. Let us go a step further. The parents, if they took up land in Canada, took out Canadian citizenship, did they not?

Air. BURTNESS. They have become Canadian citizens, and I was going to ask your committee the question as to whether they could come back if they had become Canadian citizens, if they could come back at all under this bill. I do not know. I am not familiar enough with the technicalities of the immigration laws and of this bill to know bow the bill would apply to a person who is American born but who has gone to Canada and become a Canadian citizen and who then desires to come back to the United States. Could he come in outside of the quota or not?

Mr. Box. The place of birth, I think, now generally controls. Of course, as to what its terms would be after the committee got through with it as to special cases like yours would be a questiocn.

Mr. MACGREGOR. They could not come in at all. The CHArnMAN. Canadians returning, American born, naturalized

Canadians, returning now have to pay a head tax and visa tees. Mr. BURTNESS. They would have to come in as immigrants, but I

do not know how thls bill would be applied as to quota. I could not see anything in it or in the general act, from the examination that I was able to give it, to determine that question, and I decided to ask you what the conclusion would be. At any rate, it is a matter deserving your careful consideration if you determine to r eport a bill carrying out the general purposes· of this one. I am one of those, however, who would insist most strenuously that if any person born ln. the United States and who had become a citizen elsewhere, as for instance in Canada, and that person who bas gone to Canada and lost his citizenship in that way gets to the point where he desires to come back to the country of his birth, he ought not to be barred by reason of . any arbitrary quota provision, if he is otherwise proper to be admitted; that is, if he passes the var-ious tests that our general immigration laws provide. If he entertains no notions of government that are wrong, in so far as our policy in the United States is concerned,

or anything of that sort, and is generally qualified, I feel that he ought to be admitted.

The CHAIRMAN. Do you carry that out to the people who have gone to Russia and Greece and Italy and other parts of the world i

Mr. BURTNESS. That is not the question before the committee now, because we have ow· quota provisions with reference to them.

The CHAIRMAN. You ma.de quite a big statement there, that you wanted people oorn in the United States to have the right to return, and undertook to make it apply just to contiguous territo1·y.

Mr. BURTNESS. If you want my view with reference to it, I will frankly say that i! a person born. in the United States has gone else­where, and if be desires to come back, and if he is a proper peTson under the general qualification provisions of our immigration act, outside of the quota provisions, I think that he ought to be permitted to come back.

The CHA.IRM.A~. You would have him throw citizenship off a-nd on, just like taking off a shoe?

Mr. BURTNESS. No; I would not have them do that. I think the very fact that be desires to come back, after trying something else, would i.ndlcate that he thinks more of his American citizenship than he does o.f the citizenship that he has acquired in the meantime. I think the very fact that he is anxious to come back, after trying something else, would probably make him a better American citizen than some one perhaps who had not gone through the experience of trying to live under another flag. I think he would appreciate this country just that much more after he got back here. Of course, if it 'came down to the question of indeterminately running back and forth, that is another situation, and something so remote that it is n.ot likely to occur.

Mr. MAcGREGOR. How about Emma Goldman? Mr. BURTNESS. Well, that question is very easily answered. I stated

my conditions with reference to admission, namely, that the provisions of our general immigration act should be complied with in such cases. As every member of this committee knows, those prov.isions would bar Emma Goldman from coming back. Furthermore I do not know that Emma Goldman was American born.. My impression is she was not.

Mr. l\lACGREGOR. She repented, though. Mr. BURTh"'ESS. She repented, but she has probably repented only

with reference to where she desires or prefers to live. Now, if she has repented to the extent that she does not longer entertain any views antagonistic to our American principles, then you would have another proposition. Do not get the idea that I urged anything more than what I suggested. My statement was with reference to persons American born and who entertain American views, who desire to come back and who could otherwise qualify unde.r the general pro-visions of our immi­gration act.

Coming back to what is especially before the committee now, I be­lieve that Canadians, people born and reared under the laws of Canada, under the ideals of English-speaking people, under the ideals of repre­sentative gover.nment .very similar to our own-! think any of them who want to come here and desire to live in the United States would be a distinct asset to the country, and instead of putting up the bars against them we ought to be willing to welcome them into this country. I think they occupy a considerably different position from anybody else, and that is especially true when we realize that they are living right alongside of us, only an imaginary line separating us, where intercourse between the e countries is free and easy, where there are literally tens of thousands of Canadians coming into this country every year for tourist purposes and for business purposes, and in the same way even a larger number of Americans going into Canada for similar purposes. I repeat that they would be distinct assets to our own country. Every Canadian that we have ever gotten here, practically without exception, in the · past has been an asset to our country, and anyone we are likely to get in the future is likely to be· such.

Mr. SCHNEIDER. Do a larger percentage of them become American citizens than the Norwegians and Swedes?

Mr. BURTNESS. I am not in a position to say with reference to that. Mr. ScHNEIDER- Do you think they are a greater asset as citizens

than Norwegians and Swedes? Mr. BuRTNESS. I am not going to be put into the position before the

committee of making a comparison between Canadian-born people and any other speei.fic nationality, and surely not with the people from whlch I happen to come myself. Referring generally, however, to the northern countries of Europe, I believe that the immigrants that we have reeeived from such countries have been very satisfactory people and have played their part in developing the United States, and I am not here to say that those of us of Norwegian origin are a bit better than those of German origin or Swedish or Irish or Scotch origin, or Canadian origin or anyone else. Nor, from pride of ancestry, do I care to admit that the Canadians aJ.'e any better than those of us who happen to have Norwegian blood in our veins.

Mr. MAcGREGOR. May I ask what you think about the national­origins clause that reduces the number from Scandinavian countries?

Mr. BURTNESS. Believing in a policy of restricted immigration, my opinion has been that the best law that has been reported in recent years, or at any time, from this committee is the bill that was reported by this committee and passed by Congress in 1924, and which is now the law. I think that on the whole the people that have come in under that law are probab.l.y as good-the. g~.·eat general average thereof-as

'8466 CONGRESSIONAL RECORD-HOUSE ~fAy 11 you can get under any more or less arbitrary quota provisions. We all realize, of course, that quota provisions must be. arbitrary and that none of them can be perfect.

1\fr. MAcGREGOR. That included the national-origins proposition. The 1924 act included that.

Mr. BURTNEss. Not as this committee reported it, but as an after­thought, written into the bill by the Senate and later approved in the Hou e, at a time when I would take it no one knew exactly how the national-origins provision act would work out, and I do not know whether anyone now knows exactly how they would work out. I have noticed the comments made with reference to it by the three Cabinet officers a year or so ago. I referred to the bill as now operating under the quota based on the 1890 census figures, which I feel it difficult to improve upon.

Theoretically the national-origins provision sounds all right. Whether they are practical or not in operation I am not in a position to state definitely, but I doubt it very much. But that is not the question before us now.

The CHAIR MAX. The Chair thinks that we will not go into that. That will undoubtedly be a matter to be brought up here a little later, a separate matter.

Mr. BuRTNESS. l\!r. ScHNEIDER asked something about the class of people that come in. Just to illustrate by reference to the Canadian immigration for 1927, I find that listed as "unskilled" there are 20.703; as farmers, 3,709; as farm laborers, 3,663; as common laborers, 7,655; a servants, 4,809; draymen, hackmen, teamsters, and fishermen, 867; commercial, such as agents, bankers, hotel keepers, manufacturers, merchants, and dealers, 1,905; miscellaneous, 1,896; no occupation, mainly women and children, 35,965; skilled, 17,399; professional. 3.638. That indicates the type of work that they are likely to do when they come in here.

Now, with reference to the racial origin of these Canadian immi­grant·, the race from which they spring; I asked for that information and I find that in 1927, 1,048 of them were from the Dutch and Flem­i h, 27.248 from the English, 15,710 from French stock, 3,3~7 ·from German stock, 1 ,268 from Hebrew stock, 13,800 from Irish stock, 2,189 from Scandinavian stock, 13,903 from Scotch stock, and all others amounted to 2,943.

Summarizing, more than four-fifths of the Canadian immigration comes from Engli h, Irish, Scotch, and French ancestry, more than four-fi fths of them. So when we consider the question of racial char­acteristics of the immigration that would be barred from the Dominion of Canada by this bill, I think it must be generally conceded that the people barred do not come from races which by any appreciable number in this country have been regarded as being dangerous to American institutions.

Mr. Box. You mean as applied to Canada? Mr. BURTNESS. Certainly, as applied to Canada, of course. I have

confined my remarks up to this time strictly to the Canadian immigra­tion. I am trying to point out to you in my feeble way that I think it would be a mistake, from the standpoint of the United States, to bar the type of immigration that we have been getting from the Do­minion of Canada I am trying to point out that the type of immi­gration that we have been getting from Canada in the past, and are likely to get from Canada in the future, is the type that would be of assistance, generally speaking, in building up this country.

Mr. VD1CE~T. Let me ask you this question, Mr. BURTNEss, if you please. In addition to that, is it your opinion that such an act on the part of this Government would have a deleterious effect on the cordial relations that have so long existed between "this country and the Do­minion of Canada as a governmental entity?

Mr. BURTNESS. Very positively so, Mr. VINCENT. After referring to the type of immigration that this bill would bar, I was going to com­ment upon that feature, and I think that it is not necessary to spend any time with reference to it, !or each of you can draw conclusions as to the effect that a bar of that kind would have upon the very fine, cordial relations exi ting between the United States and Canada just as well as I can. Merely mentioning the fact so as to call it to your attention is ample, or at least is all the time that I care to take in that presentation.

Mr. SCHNEIDER. Right on that point, is it not true that the Canadian Government generally is not so keen about the Canadian nationals com­lug to the United States, because of the fact that the Canadian Govern­ment is spending large sums of money each year in replacing the Canadian nationals who come to the United States; that as fast as they come over here the Canadian Government is replacing them with aliens from European countries, from which they can secure them at large expense?

Mr. BURTNESS. I concede frankly that in the minds of the men whose work is such as to deal specifically with the development of immigration in Canada, that thought is in their minds; that they would rather not see their people come over here, and that those particular individuals perhaps would not object to a bar being put up which would prevent some of -their nationals from coming here. But in · so far as the · people generally are concerned, and in so far as the Government generally is concerned, the question involves something which is dearer to them

than simply this question of what might be a practical or feasible plan in keeping their people in their country. There is no prouder people on the face of the earth than the British people. I think it was the pride of the British people which was largely responsible fo r the fact that the first foreign government that settled its war debt with the United States was Great Britain. They are intensely proud, and their pride would be hurt, in my opinion, by our putting up an immigration bar of the sort proposed, for they could not help but feel that the bar was put up on some theory here in the United States that the people that we were likely to get from Canada are not wanted. And, of course, they would be justified in that belief, for why in the name of common sense would we want to put up the bar against them if we do not want to keep them out? It is the only conclusion that the Canadian people, that the British people, could reach if this country passes that kind of a bill. Now, we might soft-soap it and argue that it was not passed with the idea of reaching Canada or preventing the class of immio-ration we get from that country, but with the idea of reaching some other nations, or something of that sort, but that kind of an explanation would not be accepted by them, for naturally they would say : " Well, if you wanted to exempt us, that could easily have been accomplished."

Mr. Box. Of course, you r ecognize that we do have a quota restric­tion against the English homeland?

Mr. BURT~ESS. Oh, yes ; but when we did that we did so with refer­ence to all of Europe. We have placed England on exactly the same basis as we have other countries over there in Europe. Furthermore Canada is a near neighbor and her situation seems considerably dif~ ferent.

Now, there is some general information contained in the letter which transmitted this table to me, and I would be glad to have both the letter and the table appear in the record.

The papers referred to follow : U~ITED STATES DEPARTMENT OF LABOR,

BUREAU OF IMl\:UGRATION, Wa.<tlllin.gton, February 24, 1928.

Hon. 0LGER B. B URTNESS, i.\1. C., Hottse of Representatives, ·washington, D. 0.

MY DEAR CONGRESSl\fAN BURTNESS: In respon e to your request for s-tatistics covering immigration from Canada under the present quota: law, I am sending you herewith a statement which gives the number of immigrant aliens admitted from that country to the nited States during each of the last three fiscal years 1925, 1926, and 1927, by occupational groups, with comparative per cents of the total. The statement also shc.ws for these immigrants the number of male and female, as well as the principal races.

It will be noted that while immi"ration from Canada decreased from 100,895 in the year 1925 to 81,506 in 1927 there was no great change in the proportional distribution by occupations. The largest single group were those listed as no occupation, comprising 42.3 per cent of the total in 1925, 43.2 per cent in 1926, and 44.1 per cent in 1927. The percentage of unskilled workers jumped from 22 per cent in 1926 to 25.4 per cent in 1927, laborers and servants making up the increase. The professional and commercial classes, as well as the skilled wage earners, show about the same proportion for the three years, the pro­fessional comprising an average per cent for the period of 4.4, the com­mercial 2.6, and the skilled 21.9. The bulk of these newcomers are English, French, Irish, and Scotch, over four-fifths of the immigrants from Canada being of these four races.

During the three fiscal years 1922, 1923, and 1924 (under the per cent limit act of 1921) immigrant aliens admitted from Canada and Newfoundland numbered 46,810, 117,011, and 200,690, respectively, about 97 per cent coming from Canada and 3 per cent from Newfound­land. Prior to 1925 these countties were not shown separately in immigration statistics.

Very truly yours, HARRY E. HULL, Commissioner General.

Immigrant aliens admitted to the United States ft·om Cmwda (last permane-nt residence), fiscal, years ended Jutte so, 1925, 19~6, and 19Z7, by occ·upatumal gt·lYUps, with cotnparative rwr cent, as ltf)ecified

Occupation Number admitted,

- fiscal year-

1925 1926 1027 -----------------------1·-----TotaL _____________________ 100,895 91.019 81,506

Professional ___________ -- ~ _______ _ Skilled ___________ ________ _______ _ Unskilled ________ ---------------_

Farmers ____ -----------------Farm laborers _____ __________ _ Common laborers ____ _______ _ Servants_-------------------­Draymen, hackmen, team-

sters, and fishermen ___ ___ _ _ Commercial (agents, bankers,

hotel keepers, manufacturers, and merchants and dealers) ___ _

M lscellaneous ___ ________________ _ No occupation (mainly women

and children)---.----- ----------

4, 494 21, 277 22,845 6, 461 3, 702 8,806 2,836

1, 040

2,680 6,854

42,745

3, 789 21,065 20,032 4,639 3,4.59 7,654 3,473

807

2, 425 4, 350

3,638 17,399 20,703 3, 709 3,663 7,655 4,809

867

1, 905 1, 896

39, 358 35, 965

Per cent of total

1925

100.0

4.5 21.1 22.6 6.4 3. 7 8. 7 2.8

1.0

2.7 6.8

42.3

1926

100.0

4.2 23.1 22.0 5.1 3.8 8.4 3.8

.9

2.7 4.8

43.2

1927

100.0

4.5 21.4 25.4 4.6 4.5 9. 4 5.9

1.0

2.3 2.3

44.1

We~~ie--~~====================== ~ = ff W. ~:rrr=[i= ~

1928 CONGRESSIONAL R.ECORD-HOUSE 8467 Immigrant aliens admitted (t·om 'Canaila during the fiscal yea1"8 ended!

.June 30, 19~, 1926, ana 19i!:i, bv vrinoipat races

Fiscal year-Races

1925 1926 1927

-------------------1----------TotaL----------------------------------------- 100,895 91,019 81,506

r----r-----·1------Dutch and Flemish_________________________________ 1, 253 1, 095 English_____________________________________________ 35,373 31,424 French---------------------------------------------- 19,861 18,612 German_____________________________________________ 4, 235 3, 782 Hebrew_-------------------------------------------- "2, 196 931 Irish_________________________________________________ 13,832 15,310 Scandinavian________________________________________ 3, 074 2, 420 Scotch_______________________________________________ 16,222 1~ 765 All others------------------------------------------- 4, 849 2, 680

1, (){8 27,248 15,710 3,397 1,268

13,800 2,189

13,903 2,943

If the1·e are no further questions on the Canadian aspect of the bill, I want to turn to the second aspect that I stated I wanted to discuss; and I want to be very brief on that, for I take it that it has been con­sidered more in d-etail before the committee by other witnesses. That is the question with reference to the need or lack of need of Mexican labor up in our part of the country and why so many of our people in comparatively recent years have become interested in Mexican labor and therefore in Mexican immigration.

All of you who are familiar with the proposals of farm relief that have been pending in Congress now for a number of years know some­thing about the situation in the agricultural game. You know that one of the most serious difficulties in so far as the prosperity of agricul­ture is concerned is the fact that this country has been continuing to raise an exportable surplus of certain crops, resulting in depressing the price of such crops down to the standard of world markets. Now, that surplus is not something new, it is true. It has existed fur decades past, but the effect that that exportable surplus has had upon prices seems to have become a more important factor in recent years than heretofore. At least American conditions generally, our general price level, high wages, our standard of living, costs of production, and all such factors have become such that it is much harder for the .American farmer to compete with a foreign farmer in the case of these crops or products of which we have an exp'Qrtable surplus. That situation ap­plies in an aggravated form in all te?ritories which have been regarded as more or less of a one-crop territory raising an export surplus crop. So naturally it applies with added force to what we know, generally speaking, as the great !lpring-wheat area. And so for the last 20 or 30 years th~re has been a strong incentive for a program up there of diversified farming. The wa!' came along and set us back in that pro­gram tremendously, because of the demand to raise more wheat. But we have again started to advance that program, and are showing won­derful results in so far as diversification is concerned; but, of course, in order to proeeed intelligently in diversification when we are trying to get away from the evlls of one crop of which we have an exportable surplus we naturally want to exerc~ some sense and some judgment so that we will not simply go from the frying pa.n into the fire or just change our system from one crop to another just as bad. Of course, we believe in keeping more dairy cows and having more hogs and raising more beef, including feed and forage for these animals, and things of that sort. And we are doing it. We are making increases by leaps and bounds. M'y State shows a wonderful advance in that respect.

But what do we find? What is the situation right to-day, for in­stance, with reference to hogs, with reference to pork? This country has a substantial exportable surplus, especifClly in the lard end. We have a situation where pork to-day is selling at a much lower price than it has for years, and selling at a price-and I take it Mr. White will agree with me-that it is very doubtful whether the most effi- · cient farmers can raise a hog for the amount that one can get for him now at the packing plants. Surely hog production should not be further jnereased in the United States as a whole.

We turn to dairy products, and what do we find? We find that we are just about at the danger line. We find that if we are going to increase our dairy products to speak of, if we are going to in­crease them as much as it would be possible to increase them in just two or three States in the Northwest within the next five years, we would be on an exportable surplus basis with reference also to dairy products. And when that time comes, the tariff of 12 cents on but­ter, raised from 8 cents to 12 cents a year or so ago ; would not be worth a tinker's darn to the producer of dairy products. We are approaching the saturation point for domestic consumption. We are right at the danger line. So we ean not turn to dairying alone without running the chance of hurting dairy interests of other States and possibly not get much benefit ourselves.

If we consider the raising of beef cattle, there is some leeway there, perhaps, and a little bit here and there along other general lines, but with reference to almost all of them, a substantial increase in half a dozen States for a period of five years would put them in the class where an exportable surplus would exist bringing prices down to the level of world markets regardless of the tariff.

So we turn to sugar, the raising of sugar beets. You know what the facts are, that have been brought out here time and again. There is no possibility of any exportable surplus in sugar. We raise only about 20 per eent of our needs in this country. And so our interest in the Mexicans, I admit, is somewhat of a selfish interest, in so far as a desire to develop our country so as to place our agricultp.re on a sound economic basis can be called a selfish interest.

The CHAIRMAN. No; I do not think that should be called a selfish interest.

Mr. BURT~ESS. I think a certain amount of selfishness of that kind is entirely justified.

Mr. Box. Well, it certainly is a legitimate interest, so far as that goes.

M:r. BuRTNESS. I think it is justified and legitimate. That is the position I am taking.

We have constructed a beet-sugar mill at East Grand Forks, Minn., directly across the river from my home town, which is taking care of the production of beets in that portion of the Red River Valley. Other sugar factories are contemplated elsewhere in the famous valley of the Red River of the North. If we are going to take some acreage away from wheat, if we are going to take some acreage ~tway from corn, if we are going to take some acreage a way from providing the feeds that are used in the production of more hogs than this country needs, then we have to rely upon some such crop as sugar beets ; and with reference to the hand labor required in the produc­tion of sugar beets, we are absolutely dependent upon Mexican labor. Others doubtless have emphasized this feature of the case, so I will spend no time thereon.

I have two farms in the Red River Valley. On one of those l have raised sugar beets for four years. I have been in fairly close touch, because 6f that fact, with these Mexicans that have come up to our country. I am not going to stand here and tell you that they are the best people on the face of the earth or that they have made wonderful citizens or that in a few years their sons and daughters will be graduating from our high schools and soon acting as our preachers and lawyers .and doctors and as our professors in colleges, or anything of that sort. If they were going to do that, I do not know that we would want them. Surely we wouldn't need th€m. I sometimes think we have enough law students and doctors and Con­gressmen and such forms of animal life as it is. [I.aughter.] I think it was Mr. Hogan who said that the lowest form of animal life is a Congressman. [Laughter.]

Mr. Box. I think that ought to be stricken from the record. [Laughter.]

Mr. BURTNESS. I comprehend that the interests of sound public policy might not permit it to stay in. But, seriously, all of you who are familiar with farming con-ditions in an agricultural country, such as the winter-wheat country, spring-whe.at country, or any other sec­tion where the farming is not arranged so that there is just as much work to do ~very month of the year as there is in certain months of the year, know that all of these territories are dependent upon trn.nsient labor in rush seasons. We provide in Congress for the United States Employment .Service, .a wonderful service that starts out in the early summer down in the Southern States, 'Iexas and Oklahoma, and directs that general transient farm labor, tries to direct them as the harvest progress from the Southern States up to the Canadian border. We have always been dependent upon that type of transient labor in the spring-wheat country, and I presume that you have been dependent upon it in the winter-wheat country to a considerable extent, have you not, Mr. WHITE?

Mr. WHITE. To some extent ; yes. Mr. BuRTNESS. That labor bas not always been the very finest type

of American manhood. Their ideals are not always the very highest as they come to us, and they are generally called '' hoboes." Of course, we all know that when fall comes, when that transient white labor arrives, much of which is e.ven American born, I regret to say, it seems necessary for every little town to put on some special guards, and that citizens -of such towns will often take their turns guarding the streets at night in order to prevent holdups, burglaries, and robberies and crimes of that sort. I regret to note that every year every prosecuting officer, every sheriff, every corlstable, spends a couple of pretty busy months in trying to protect part of this transient white labor against holdups, robbeties, and other crimes by the other part of that labor, as well as to protect the property and th~ people generally.

Mr. SCHNEIDER. That group bas done all of your work heretofore, ha.ve they not?

Mr. BURT~ss. They have done this special wheat work; yes. They come up foc one sole purpose : They try to get there in time to start harvesting the wheat. If they are there a few days earlier and are absolutely busted, you are able to hire a few of them to go out for a few days' haying. •

Mr. SCHNEIDER. Is it not true that they do not come up before that time because there is no work there·?

Mr. BURTNESS. Oh, no ; with conditions as the.y are now we have ·use for some of them during liaying time.

Mr. ScHNEIDER. I am really referring to them before harvest tim~.

8468 CONGRESSIONAL RECORD-HOUSE MAY 11 Mr. BURTNESS. We have always needed some of them for haying, not

as many for baying, of course, as for the harvesting sea.son. They will ordinarily not do any other work than a harvesting job, and as soon as the first threshing machine starts, it is only the exce.ptions among them who will finish up the shocking jobs on the different farms. They want to thresh, they seem to like the sociability and the glamor of the larger threshing outfits. And when the threshing is done, or whenever they are delayed in threshing because of wet weather or other reason you can not even think of getting the average one of them to spend a few days plowing or hauling sugar beets or anything of that sort, or harvesting sugar beets. It is out of . the question. They will not do it. They are there for the wheat harvest. Of course, there are exceptions among them. · Mr. RuTHERFORD. I noticed in the statement you presented that a very large number of Canadians, unskilled Canadians, came over to this country. Can you · tell us where they went?

1\fr. BURT~Ess. I think they scatter aU over the country. Mr. RuTHEIRFORD. 'l'hey do not stop in the Dakota beet fields? They

a1·e not interested in that work? :\fr. BuRTNESS. Some of them stop in Dakota, but not for beet work.

We get our share of them. But I do not mean to try to say that most of them stop in the Dakotas. . They come in more or less all along the line. and I think you will find them scattered generally along the northern borde1· of the United States. I have never heard of them working in beet fields.

Mr. RUTHERFORD. Do you know anything about the cultivation and growing of cotton?

Mr. BURTNESS. No. Mr. RUTHERFORD. Well, I never saw sugar beets growing. I have

sl'en the old-fashioned beets grown in my section, not the sugar beet, but there is no crop that we can plant that takes longer hours and a longer season to make than cotton takes. It is hard work for, some say, 13 months in the year. It takes that much to make a crop. We find that white people down our way-working in the harvesting of cotton requires a constant stooping position, they have to pick it stooping over-we have a class of white people in my country who would not work in cotton for a long time because the negro was there. They thought it was a negro job to do this work, and they drifted north. I find that hundreds and hundreds of our white boys. and white men and even white women, I am sorry to say, have been forced into the fields and are actually culti\"'ating, working, and gathering these crops.

1r. Br;RTNESS. Well, that is very interesting, I am sure. Mr. RUTHERFORD . .And I am just presenting that to show that the

work in your beets is not as bard as the growing of cotton in the South, and there are white people doing that.

Mr. BURTXESS. Of course, there is quite a difference, it would seem to me, in the application of the theory that might be in your mind, that eventually the white people would do this work in tbe beets if we did not get Mexicans. I think there is this big difference : You are talking about the cotton count1·y, where your crop is cotton. That is your main crop. You are not trying to get people switched oil' into a new crop that involves harder work than the crop they have been raising all the time.

Mr. RUTHERFORD. But I do not think they could be carried into any field of activity that would be any harder work than the production of cotton.

:Mr. BURTNESS. But our people are engaged, generally speaking, in ordinary farming, livestock, dairying, the raising of wheat, flax, oats, barley, corn, and crops of that sort. Our farmers and the white­farm labor can find plenty of opportunity to spend up to 12 or 14 hours per day in that work. They have to do it in order to keep their farms going in the ordinary way. They can not on the ordinary farm switch and intensively cultivate 10 acres or 15 acres or any other acreages of beets because if they did that they would have to let much of the rest of their farm stand idle. The acreage of beets, of course, as compared with the total acreage of the farms, is small.

Mr. RuTHERFORD. The reason I presented the little argument I did is I am not convinced that you can not get labor to make yom· sugar beets, cultivate your sugar beets, if you would give the white American steady employment at good wages. That is the argument.

Mr. BURTNESS. I am satisfied they can not be obtained. 'You mention the question of good wages. Let us see whether the Mexican is getting good wages in our section. I find, for instance, what the Mexican has received on the farm that I have, each year. One or two years we had just a husband and wife without any children; the last two years we bad quite a good-sized family, so that the wife did not do any work in the field whatsoever, but a couple of the older children were able to help the father. They handled 16 acres of sugar beets. For that work they received $400. I presume their work altogether-these l!eet men could tell you perhaps more definitely than I can-I presume in the doing of that work, thinning, blocking, hoeing, and topping, they workl'd altogether about three months. The rest of the time they were either idle or were working by the day, doing other work, on our farm and adjoining farms, and the doing of this other work is an asset to the country there, because farm labor is scarce. It is intensely scarce throughout that section and we are dependent upon farm labor. Wf:!en you have farms which average about 450 acres each, as we have

in our State, the husband and the wife arid the children, evl'n if they­all work, can not perform all the labor upon the farm during the farming season. Hired help is necessary. So the ·e men, these Mexi­cans, are employed in their spare time. They put up alfalfa, they do considerable shocking of grain, and until they have to top the beets they go out on the threshing outfits and they help thresh. Each Mexican desirous of putting in his time--and most of them do, for most of them are thrifty and willing to work-can earn a couple hundred dollars in addition to what they are paid for the beets. So that means that that Mexican, for instance, on our farm has earned each of these seasons about $600, which is $200 more than the average farm laborer that hires out for the season of eight months with us would have earned in the meantime.

But, of course, the usual farm laborer working during · the sea on for a monthly wage, would in addition to that have his board and his lodging; whereas the Mexicans get their home, provided with stov£>s and dishes and beds and a little furniture and things of that sot·t that they need. But they · do not get their food. They buy their own food. So the wages are good. M:o t of them leave in the fall with an auto­moiJile.

But I have gotten away from the statement that I wanted to make. I want to say this, and I say it · advis£>dly, and I say it as one who has had 10 years' experience in a prosecuting office : That since the Mexicans came there there has been relatively less trouble with the Mexican labor that comes to us i.n proportion to the numbers that have come than there has been with the customary white transient labor that has come to us. I am willing at any time to compare the Mexican labor, in so far as creating trouble in the community, in so fat· as petty thievery or other crimes is concerned-! am willing to compnre them any time with the other transient labor that comes up into our section; and I think the comparison will be favorable enough to the Mexicans.

So we are not alarmed of them on that core at all. We are de­pendent upon transient labor anyway, and we know from the experience that we have had now over a period of several :vears that there is not any appreciable danger to look for on that score. The other proposi­tions that are involved as to the habits of the Mexicans, what they do, etc., have doubtless been rehashed before you several times, and I do not want to take up any more time on that feature. I do, however, want to emphasize that I feel we wuuld be making a tremendous inter­national mistake if we put up the proposed immigration bars against contiguous, friendly neighboring countries, · and especially so if we put up that sort of a bar again t our neighbor on the north. Even with the splendid assistance of Colonel Lindbergh our international relations are sufficiently strained now.

Mr. RUTHERFORD. Have you an ample supply of labor in the dairy industry?

Mr. BURTNESS. One of the difficulties in developing the dairy industry on a large scale is that of getting the necessary labor. So our develop­ment of the dairy industry, which has been tremendous, bas come about by the work that is coniributed by the farmer himself and his family.

Mr. RUTHERFORD. And you have about reached the satumtion point so far as production is concerned?

Mr. BuRTNEss. Yes, sir; that is for domestic needs. Mr. RUTHERFORD. If these Mexicans are allowed to come in in great

numbers, increased numbers, and you begin to employ them in your dairy industry, will not your dairy industry be atl'ected just like wheat and corn are now?

Mr. BuRTNESS. I do not think there is any prospect of the e Mexicans ever being employed in the dairy industry.

Mr. RUTHERFORD. Why not? ~fr. BURTNESS. Under our system of farming, of course, the develop­

ment of our dairy industry is going to be largely a family development. It is not going to be a proposition which employs all the year round labor.

Mr. RUTHERFORD. If they are so satisfactory to grow l'Our l>eets aud harvest your beets as unskilled labor, why would they not be good as unskilled labor in the dairy business?

Ur. BURTNESS. I do not take it that labor in the dairy business is unskilled labor, unless you have a tremendously large dairy business so that you can divide your labor up into certain classe . But if you are going to have a man such as would be used on a good-sized farm to take care of a "herd of 20 or 30 milk cows and other incidental stock, you do not want an unskilled man for that sort of a job. For that work you need a man that can learn the value of various feeds, know what kind of feeds are to be fed to your daiey animals, the proper amount of protein and other items which must neces arily be fed to cattle in order to get them to produce milk. They have to use their beads a whole lot more than their backs, and one of the difficulties in the evelopment of the dairy industry even among our farmers is the fact that it is difficult to get them to learn the underlying principles that are involved in really first producing a good dairy cow and then in getting the best results from such cow.

Milo RUTHERFORD. I would draw the conclusion that it does not take any brains to make beets?

1928 CONGRESSIONAL RECORD-HOUSE 8469 Mr. BURTNESS. I think that is pretty nearly true; that when _it comes

down to the actual work, the band labor in the .field, a great deal of brains is not needed. I think I will agree with you that it needs a strong back rather than a strong head for the purpose. We migbt as w~ll be perfectly frank about it, for this labor is unskilled and the work seems like drudgery. But that certainly does not apply to the dairy business or to most forms of farming now. And, of course, in tbe beet industry the brain work, the development of the right kind of fertilizer, the determination of what kind of soil will produce the greatest amount of beets and things of that sort is done by somebody else and not by the individual Mexican who gets down on his knees and thins the beets and blocks them and tops them in the fall. This is supervised by experts and the farmer's equipment and regular help pre,Pares the ground for the beets and does the machine cultivation, lifting the beets when they are harvested, and such work.

The CHAIRMAN. Now, Mr. BURTNESS, you are on one of the big com­mittees of the House engaged in national problems, and your colleague has appeared, Mi'. ANDRESEN, and Mr. SELVIG also. They are on very large important committees handling problems of agriculture·. You get n'ational problems, and we have got .one here, and it is expressed in a resolution that has just come in by telegraph from Tucson, Ariz. :

"Wberea.s American laborers leaving Southwest in increasing numbers account of inability to compete with cbeap Mexican labor, which is annu­ally flooding this section in increasing numbers ; and

" Wbereas this migration of labor from our section materially adds to unemployment problem in Eastern and other States ; and

"Whereas present immigration laws notoriously inadequate to stem Influx of Mexican labor :

"Resolved, That local union of carpenters unanimously favor Box bill. " F. L. RAMSEY, President. " I. A. McBEE, Secretary.''

Now, you see the situation may not be extremely acute yet, but it is coming, marching along, and the studies of this committee over several years show that tendency. Now, that Mexican labor has extended clear north to the Canadian line, to the district represented by you. That labor drifts into the cities in ever-increasing numbers, makes con­gestion, creates bread lines. - Mr. BuRTNESS. I appreciate the very important question, the national question, the .A.meiican question that is before this committee, and I personally appreciate the very large amount of study and consideration that this committee bas given to these questions in all of these years since the war. I want to assure you that I do not take the position that this is a one-sided proposition, the Box bill or any other question before the Immigration Committee. I entertain fairly definite views, which I have tried to present fairly and frankly.

I do want to say with reference to that telegram, I do not know on what facts 1t is based, but we all know a little something about bow easy it is to get wires sent in, whether it be on one side or on another side of any question. There is a corn sugar bill, so called, pending before our committee--or it was pending before our committee two years ago; it is now before the Agricultural Committee. I believe that every person who has ever raised a bee during the last few years, and every person who hopes to raise a bee in the next few years, has written or wired me as to the terrible things that will happen if that bill is passed. Propaganda of every kind on every concei-vable question inspired by some one comes to au of us. I do not know whether this particular wire falls within that category or not, but I for one do not attribute a great deal of importance to them, except when they actually present facts or persuasive arguments, and you get the facts otherwise, ordinarily. I do not pay much more attention to them than I do to petitions asking me to appoint a certain man postmaster in a certain town, when I find that the same individual name is affixed to three di.fl'erent petitions for three different candidates for the same job. I rather doubt whether the carpenters in the Southwest are seriously threatened by the influx of Mexican labor. However, you bave means of getting at the facts in that respect, and I know you will.

Mr. Chairman, I have some petitions that were sent me that I would like to file. They are signed by beet growers in the district I represent protesting against the passage of the Box bill.

Before closing let me bring out an interesting sidelight as to the Canadians. There are in Congress only 18 Members who are foreign born.-3 Senators and 15 Representatives. Of these, six were born in Canada, speaking well for our immigrants from that country as well as for the fact that Canadian ideals and principles of government are s1milar to our own. Those of Canadian birth are Senator CouzE:-~s, of Michigan; and Representatives EATON, . of New Jersey; SINCLAIR, of North Dakota; CHALMEBS, of Ohio ; MoNAST, of Rhode Island; and HUGHES, of West Virginia. There are doubtless many of the second generation. I feel justified in claiming that these, our colleagues, are exhibits amply justifying the position I bave taken before you to-day. I greatly appreciate the marked attention you have given to my remarks.

The CHAIRIIIAN, We are very much obliged to you, Mr. BURTNESS.

MUSCLE SHOALS

Mr. McSWAIN. Mr. Speaker~ I ask unanimous consent to extend my remarks in the RECoRD upon three bills pending relating to Muscle Shoals.

The SPEAKER. Is there objection? There was no objection. Mr. O'CONNOR of Louisiana. Mr. Speaker, I make a similar

request. The SPEAKER. Is .there objection? There was no objection. Mr. McSWAIN. 1\Ir. Speaker it may be interesting and valu·

able information for the Members of the House and the country at large to have a brief summary of some of the views that have been entertained heretofore by distinguished and prom­inent and responsible public officials and Members of Congress. It must be constantly borne in mind that we are not now put to the choice between the private operation and public opera­tion of the properties at Muscle Shoals. There is no bill be­fore the Congress that Members have the opportunity to choose and that calls for the private operation of this huge Govern­ment project.

It is true that there is one bill before both the Bouse and Senate--known in the Bouse as the l\Iadden bill and known in the Senate as the Willis bill-contemplating the leasing of the Muscle Shoals property to the Air Nitrates Corpo1·ation, a thousand-dollar subsidiary of the American Cyanamid Co., which undertakes to guarantee the performance of the pro­posed contract by its subsidiary. But both the Bon. Frank B. Willis, late Senator from Ohio, and the Bon. Uu.rtin B. Madden, late a Representative from the State of Illinois, are now dead. Furthermore, it appears that the Willis bill in the Senate, con­templating the leasing of the Muscle Shoals property to the said Air Nitrates Corporation, was not seriously considered by either the Senate Committee on Agriculture or the Senate itself. It does not appear that the offer of the Air Nitrates Corporation was pressed seriously and energetically before the Senate. The sole question before the Senate seems to have been whether or not to accept the Norris bill or do nothing at all.

In like manner the Madden bill, which was before the Mili­tary Affairs Committee of the Bouse, is not now before the Bouse of Representatives. . This bill was very earnestly con­sidered by the Committee on Military Affairs. As a member of that committee, I worked hard and long to try to . perfect that bill in such a way as to be able to defend it before the Bouse of Representatives. I offered a large number of amend­ments ·to that bill, which were finally accepted by the Air Nitrates Corporation and included in its proposal. Some idea of the scope and purport of the amendments offered by me may be obtained by considering the difference between the original bill which was introduced in the Sixty-ninth Congress and the last committee print of the bill introduced in the Seventieth Congress as the two appear side by side, in parallel columns, commencing ~ page 43 of the committee print of an appendix to Report No. 1095. But on three very vital and im­portant questions the Air Nitrates Cotporation did not agree to the views of the committee, and for that reaso·n we were never able to report its bill contemplating private operation. The three points of difference between the Air Nitrates Cor­poration, commonly called the American Cyanamid Co., and the overwhelming majority of the committee were these:

First. A "recapture clause" whereby the property would be returned to the United States upon the complete and undis­puted failure of the Air Nitrates Corporation to carry out the main purpose and intention of the lease, which was and would be the use of the property in question for the manufacture of chemical fertilizers.

Second. Failure to agree upon a clause contemplating ade­quate auditing and accounting of the books of the lessee corpo­ration relating to the manufacture of fertilizers in order to insure the truth as to the costs of such fertilizers.

Third. Failure to agree with the Air Nitrates Corporation upon a provision in the bill to confer sufficient and ample powers upon a board set up in the bill called the Farmer Board whereby said board could specify the kinds and quali­ties of fertilizers to be manufactured by the lessee corpora­tion, it being the belief of the committee that such " fa.rme.l' board" would better know what kinds and qualities of ferti­lizers the farmers would buy than the corporation itself, and thus prevent the corporation from manufacturing fertilizers and putting the same in storage and holding them in storage, and finally, shutting down the fertilizer plants upon the ground that the farmers would not buy the product, and thus the lessee corporation be excused from continuing to operate the fertilizer plant.

Jlrlr. Speaker, the Bouse is .now squarely against the propo­sition of Government operation by some agency or instrumen­tality at Muscle Shoals. The Government is in operation of the plant now, producing electiic power · and selling the same, and thus is in business as huly, thougp in ~ different kind of

•

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8470 CONGRESSIONAL RECORD-HOUSE MAY 11 bu iness, as it would be in manufactul'ing and selling fertilizers. There would be more excuse and reason for the manufacture of nitrates and the sale of same than there is for the produc­tion and sale of electric power. The Government needs nitrates for explosives for its war-making depqrtments, both in peace and in war. But the Government does not need electric power for its own sake and solely as electric power, either in peace or in war. It is ju tified in producing electric power solely to employ the same in the manufacture of nitrates for war and for the sale of sueh surplus nitrates as may not be neces­sary for war purpo es. Furthermore, the only three bills be­fore the House now all contei.Dplate Government operation of the properties at 1\luscle Shoals. The Norris bill is a Govern­ment-operation plan, pure and simple, directing the Secretary of Agriculture to manufacture fertilizers, not only at Muscle Shoals but " el ewhere in the United States," in the " largest amounts practicable and at the lowest prices practicable."

The substitute for the Norris bill which is offered by the Committee on Military Affairs of the House, and known as the Morin bill, contemplates operation by a Government-owned cor­poration, whose directors shall be appointed by the President and confirmed by the Senate.

The three choices of the Members of the House is the Snell bill, recently introduced by the Bon. BERTRAND H. SNELL, of New York, and he has announced his intention to offer his bill as a substitute for the committee amendment which in turn is pending as a substitute for the Norris bill. The Snell bill is Government operation, pure and simple.

Consequently there is no cbJ)ice as between Government oper­ation and private operation. Private interests have always looked contemptuously and sneeringly at the Muscle Shoals project. Shortly after the war, private interests declared that the properties there hould be scrapped. Private interests have not only neglected to cooperate with the Government in settling and disposing of the Mu cle Shoals que tion, but they seem to have consciously and deliberately thrown every obstacle and difficulty in the way of a reasonable and businesslike settle­ment of the problem.

Consequently the question before the House is this : Which of the three bills-the Norris bill, the Morin bill, or the Snell bill-offers the mo t practicable, reasonable, and safe business set-up for the economical and efficient management of the Gov­ernment properties at Muscle Shoals?

VIEWS OF HON. MARTIN B. MADDEN (DECEASED)

I respectfully call your attention to the language employed by the late lamented and highly honored Martin B. Madden, spoken before the Committee on l\Iilitary Affairs, January 31, 1927, relating to the pr~uction of fertilizers at Muscle Shoals for the relief of American agriculture and for the upbuilding of American soils : •

There is a fine place in. the industrial life of the United States for the power companies. They serve a useful purpose. They are doing a wonderful thing in the development of power and its distribution. They ·are making for better conditions in many neighborhoods. I have no complaint to make of them. I am not here to denounce them or to say anything against them. But at best, you could not use the power that is created at Muscle Shoals through. the power companies except as a local enterprise.

Why do I say that? You can not distribute successfully or profitably power for power purposes that may be created here or anywhere else for more than 300 miles. So that when you limit the scope of an activity to 300 miles you are bound to make it a local institution ; whereas the manufacture of fertilizer and the purposes for which it is to be used are just as wide as the Nation.

If we are going to invest Government money in anything less tllan a national proposition, we ought to know about it. If there w.ere no other use for this power I would hail the entry of the power companies into this proposition.

But, as the servant of the American people, as the public servants of the Nation, we ought to do everything within our power, as far as we C.'lD see the right way to do it, for the advancement of the best interests of as many of all the people as possible and not for just a few.

So I stand unalterably committed to the policy of utilization of Muscle Shoals for the national problem of defense in time of war and the national problem of prosperity in time of peace, by the creation of fertilizer and its utilization by tbe people who are engaged in agriculture, without whose prosperity we all suffer.

The farmers ask fertilizer relief at Muscle Shoals. They are not asking for much. They have a right to ask it; in fact, we have promised it to them, and now let us fulfill our promise by accepting the Cyanamid Co.'s offer.

The farmers are only asking the dedication of this plant to the purposes for which it was originally constructed. They want the faith of the Government kept by the utilization of the agency. that has been

created .bY the money of the people, for the purpo e for which it was created; that is all.

To tell the farmers that water power at Muscle Shoals should not be used to make fertilizers is to mock, in my judgment, at their needs when more than 3,000,000 horsepower can be developed on the Tenne see River.

Again let me call your attention to the language of Bon. Newton D. Baker, then Secrehi1·y of War, poken before the Committee on .. t:ilitnry Affairs on April 19, 1920:

The Germans, prior to the war, bad developed the fixation of atmos­pheric nitrogen by two or three processes, notably the Haber process and the cyanamide process. They were our main sources of reliance. There is a third process which is successful in the production of nitro­gen, known as the arc process, where elech·ic power can be obtained at an exceedingly lo.w rate. It is available in countries like Norway and Sweden, wher~ the natural water powers are very easily used, but it is conceded, I think, to be a very expensive proce s where the item of power is a matter at all of cost. In fact, the importations of Chilean saltpeter into this country prior to tbe war amounted to about 500,000 tons. Its use was primarily for fertilizer. After we entered the war the question of production of explosives came up, and it was deemed advisable to multiply the powder plants in this country and to increase the sources of fixed nitrogen as far as possible, becau e it was cheaper to make the powder in this country and send it to France or England than it was to send the ingredients to tho e countries, all of them relying upon the same source of supply for raw materials. As I recall the figures, it was necessary to ship to France or England 7 pounds of ingredients for each pound of powder manufactured, and as the tonnage situation was critical and always had to be considered, it was deemed wiser to make the powder in this country and ship it as powder instead of shipping the ingredients.

Our program for powder production was a very large program. The powder plants with which this committee is familiar, at Old Hickory and near Charleston, W. Va., were both designed in response to the proposed demands for the importation of Chilean nitrates, and, of course, are completed up to the highest possible point. Ships were taken from many o.ther trades and put into the nitrate trade. Per­haps one of the most acute distresses of the war on our side was the New England coal situation, wbicb was largely caused by the essential necessity of taking ships which otherwise might have carried coal to New England to bring nitrates from Chile. It demonstrated to us that we were entirely dependent or almost dependent upon the importation of nitrates from Chile for supply in an emergency. In the meantime, during the war the agricultural interests of tbe country were deprind of a very large part of the nitrogen which they bad previously been able to get. Congress was called upon to appropriate a very large sum of money and place it at the disposal o.f the Secretary of Agriculture to secure the importation of nitrogen to relieve the agticultural distress. As the members of the committee will remember, that created a re­volving fund, and I think there was some money made by tbe Secretary of Agriculture in the administration of that fund.

Mr. ANTHO"NY. Would the plant as you propose to operate it furnish all the nitrates required by our Government during times of peace?

Secretary BAKER. More than to supply the amount that we need cw·rently, as I understand it; I was coming to that in another aspect of the problem, but I will state it now in this way:

The War Department has studied very carefully the need of a nitrate reserve. We have learned that wars break out very suddenly and that the emergency is very great as soon as they do break out. For this reason, and because we have this plant and that we depend so much upon importations from a foreign country, some distance away, which might be very seriously impaired by a very simple thing-everybody knows, it is no secret, that an injury to the Panama Canal would be a very serious obstacle to our access to the nitrates, and with all the safeguards that we throw around the Panama Canal injuries to it are not inconceivable, nor would they be particularly difficult even with all the safeguards that we can throw around it­and realizing the isolation of America from this raw material, on that theory the War Department has determined that it is not safe for it to have a reserve stock of less than 300,000 tons of nitrates. We have now 300,000 tons of nitrates. A. study of that problem, however, led the Ordnance Department to believe this, that if Con­gress would authorize this plant to operate in the manner which we advise, that we could then cut our nitrate reserve safely to 150,000 tons and rely on this plant to make up the residue in the event of an emergency by turning it instantly from an agricultural production into this war-time production.

Mr. MILLER. I do not see why it could not be operated as a gov­ernmental enterprise.

Secretary BAKER. Here are some of the reasons. In the firs t place, tbere is no difficulty about it being available for the War Depart­ment in the event of need. The Panama Railroad, as you may recall, is an independent corporation. The Government, when it bought the Panama Canal rights from the French, deemed it wiser not to con-

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1928 CONGRESSIONAL R·ECORD-HOUSE 8471 solidate the administration for the reason that it was in a competitive business. The Panama Railroad operates . teamers to Colon and else~bere, and it is in competition and in trade relations and trans­portation relations with railroads and other lines of steamers, and it has t o be very fl exible in order to meet the changing rates, provide through bills of lading, and respond quickly to claims for loss and damage, demurrage, and all that sort of thing.

Mr. CALDWELL. And to sue and to be sued? Secretary BAKER.- As a commercial enterprise. This plant when operated for the production of commercial fertilizer

will be dealing with persons buying its product and buying raw ma­t erials in a competitive market, and as a commercial enterprise it will be easier to deal with that sort of people. If we operate it as a Gov­ernment plant, unless you change the law, the income will have to go into the miscellaneous receipts of the Trea·sury and be appropriated for specific objects and be expended on an appropriation basis rather ~an on a commercial basis ; the income and outgo is very ..much less fie.nble in dealing with persons.

Again let me call your attention to the lanp1age of ~~pre­sentative GR:E.EKE, then a member of the Committee on ~llhtary Affairs, spoken on April 19, 1920, and now one of the Senators from Vermont:

Mr. GREEXE. It does not strike me that it is the business of the Gov­ernment to go into the fertilizer-making business; but so far as this thing is concerned, we need not stress that at all. If, in providing for its own supply of munitions the Government bas a by-product that happens to benefit some other industry of the country, we can not avoid it; but I would not go into it for that purpose.

Again let me call your attention to the language of Gen. C. C. Williams, Chief of Ordnance, spoken on April 19, 1920:

General WILLIAMS. Our first thought was not to operate these plants as Government enterprises but to interest private capital and get them to continue the operation, and we tried for six months, in every way tha t we could, to interest the manufacturers in taking over this plant, but without success. Now, as I said before, our primary con­cern being the maintenance of a plant like this in operation for a war insurance, the only way that we saw to accomplish it was by recom­mending that the Government take this plant and operate it.

Furthermore, I direct special attention to the language ex­tracted from the report of General Pershing filed March 29, 1920: [Extract from General Pershing's report of March 23 fo the Secretary

· of Wai']

GENERAL HEADQUABT1ilRS, AMERICAN ExPEDITIONARY FORCES,

March 29, mo. • • • • * * *

Muscle Shoals nitrate plant: In the Muscle Shoals nitrate plant the Government has a permanent installation which is of the greatest importance. In another war a plant assuring a domestic supply of nitrogen might well be a decisive factor in maintaining our security. It is understood that this plant can be utilized in peace for the com­mercial manufacture of nitroge~ products and that such use would return a reasonable profit on the investment represented by the plant while maintaining it constantly available ·for military purposes.

Note the following tab-le of importations of Chilean nitrates into the United States for the years indicated:

Nit'J:ate of soda impot·ts (rom Chile to the United Statu

Fiscal year Quantity

Lo11..(J ton.~

Value at Chilean port

Average value at Chilean port per

100pounds

Export duty paid to Chilean

Government

1911__ _______ ___ ___________ 546, 525 $17, 101, 14{) $1.40 $6,847,958. 25 1912______ ________ _________ 481, 739 15, ·131, 892 1. 43 6, 036, 189. 67 1913__________ _______ ______ 589, 136 20,718,968 1. 57 7, 381,874.08 1914_______________________ 564,049 17,950,786 1. 42 7, 067,533.97 1911>----------------------- 577, 122 16, 355,701 1. 26 7, 231,338.66 1916__________ _____________ 1, 071,728 32,129,397 1. 35 13,428, 751.84 1917----------------------- 1, 261,659 44, 231,240 1. 57 15,808,587. 'n 1918_________________ ______ 1, 607,020 70, 129,026 1. 95 20, 135, 960.60 1919 _______________ _____ :__ 1, 346, 679 68,229,548 2. Zl 16,873,887.87

1---------!--------r-------!---------TotaL ___ -------- --- 13,313,674 480,087, 148 ------------ 163, 647,680. 68

NOTE.-The value given here is based on the value at the port in Chile, and does not include export duty paid to the Chilean Government, oooan freight, insurance, commissions, etc. Before 1914, freigh t from Chile to the United States was about $7.50 per ton; at the present time it is about $17.50.

In 1879 export duty was put on nitrate shipments from Chile and amounted to about $U8 per long ton. In 1880 this duty was raised to $12.53 per long ton, and bas not been changed since that time.

As to the requirements of nitrogen for military pu_fJ?Oses, I call your attention to the following extract from a statement made by Colonel Burns, of the Uruted States Army:

REQUIREMENTS OF NITROGEN FOR SniCTLY MILITARY PURPOSES

With the development of the nitrification of cellulose, toluol, glycerin, etc., and their tremendous consumption in shell, mines, bombs, etc., the demand for suitable fixed-nitrogen compounds for war purposes has very materially increased.

We have already seen how Sweden by its farms was able to produce only some 100 tons of nitrate per year, which would equal about 14 tons of nitrogen.

In the Napoleonic wars, France produced 2,000 tons of nitrate per year, equal to 280 tons of nitrogen, or over twenty times Sweden's con­sumption. With the man power, armament, and rate of fire in effect at the time of the armistice, one division required for its powder and ex­plosives approximately 3,000 tons of fixed nitrogen per year, or over ten times the amount used by the entire French Army per year during the French revolutionary period.

A study of Mr. Crowell's America's Munitions shows quite con­clusively how extremely large bas been the increase in the rate of fire of ammunition and in the total consumption thereof. It shows that during one month of 1918--which was the average of the year 1918-the French and British consumed over two and one-half times the number of rounds of artillery ammunition that were consumed by the Union forces during the entire Civil War. This would in general cor­respond to a ratio of 120 to 1. And due to the increased use of explosives the proportionate consumption of nitrogen is still greater.

During the year 1918 we were consuming inorganic nitrogen in the United States at the rate of some 420,000 tons, and of this over 60 per cent was for strictly military purpos es and over 75 per cent was im­ported in the form of sodium nitrate from far-away Chile.

It is, of course, difficult to forecast what our re.quirements for nitrogen for strictly military purposes will be, as they will in great measure depend ·upon the enemy or combinations of enemies that we are called upon to .fight. But based upon the experiences of the past there is every reason to believe that future requirements in a major war effort will be materially greater than the already gigantic demand.

In this connection I also insert a letter from the Chief of Ordnance in answer to an inquiry by me as to specific nitrogen consumption in war:

MARCH 29, 1928. Hon. JOHN J. McSwArN,

United StateB House of Representatives, Washington, D. 0 .

MY DEAR MR. McSwAIN: In reply to your request for information regarding the consumption of powder by the American Army during the various wars in which we have participated, the records which we have available are limited to those covering the Revolutionary, Civil, and World Wars.

For the Revolutionary War the " History of the Explosive Industry in America " gives the total amount of black powder expended as 2,347,455 pounds.

For the Civil War, the report of the Chief of Ordnance for the year 1866 gives the expenditure of black powder for the period from January 1, 1861, to June 30, 1866, as 26,440,054 pounds.

For the World War, data are available showing the number of rounds of artillery ammunition by calibers expended by the American Expeditionary Forces in France. An approximate computation of the weight of propelling charges involved gives a total consumption of 29,569,081 pounds. · In a like manner the quantitY. consumed during the battle of St. Mibiel is found to be 2,318,573 pounds.

The above computations do not include that powder consumed as a component of small-arms ammunition, but for the artillery ammuni­tion are believed to be accurate within 5 per cent.

Sincerely, C. C. WILLIAMS,

Major General, (Jhief of Ordnance. SAVING IN FREIGHT CHARGES

I am informed by the Bureau of Economics that in 19-24 the farmers of America paid $230,000,000 for commercial fertilizers. Since the consumption is on the increase constantly, I believe it is conservative .to say that now the farmers are using at the rate of $250,()()(),000 worth per year.

The Interstate Commerce Commission reports that the aver­age freight per ton of fertilizers is ab-out $2.25. Furthermore, that during the year of 1927 the railroads hauled approximately 10,000,000 tons of fertilizers. That means that the sum of $22,500,()()() was paid for freight on fertilizers, which means that approximately 10 per cent of the total value of fertilizers con­sists of freight. If by the shipment of concentrated fertilizers the volume and weight can be reduced by 75 per cent of the p1-esent volume and weight, and it is entirely reasonable to think and expect that such reduction may be made, then it is believed that by the use of concentrated fertilizers there may be saved to the farmers of America eaeh year between $17,000,000 and $20,000,000 in freight charges alone.

8472 CONGRESSIONAL RECORD-HOUSE J\!Ay 11 UNITED STATES DEPARTMl!l:-<1' OF AGRICULTUBEJ

BUREAU OF AGRICULTURAL ECONOM:ICSJ

• WashingtonJ D. C., March 80J 192B.

Hon. JoHN J. McSWAIN,

Ho11se of Representatit:es. DEAR Mn. McSWAIN : I herewith submit data confirming yesterday's

teltphone conversation with reference to fertilizer statistics. Over thl' telephone you were given the following:

Fertilizer expenditures in 1924 (census)-------------- $230, 000, 000 FertHizer tonnage originating on railways, 1926 (Inter-

state Commerce Commission) _________ ________ tons__ 8, 000, 000 Fertilizer tonnage originating on railways, 1927 (Inter-

state Commerce Commission) _________________ tons__ 10, 000,000 E timated freight revenue from fertilizer, 1923 (Inter-• state Commerce Commission) ______________ per ton__ $2. 429

You may wish to relate the e timated freight revenue per ton to the 1923 tonnage. Tonnage originating on Class I railways in 1923 amounted to 7,640,000 tons, according to the Interstate Commerce Comrni sion.

Very truly yours, LLOYD S. TENNY,

Chief of Bureau.

l\1r. O'CONNOR of Louisiana. Mr. Speaker and Members of the House, a . Madame Roland descended from the tumbrel on her way to the guillotine she exclaimed, as every schoolboy and. schoolgirl knows, " 0 Liberty, how many crimes are com­mitted in thy name!" And -if the sincere, though misguided friends of agriculture continue their efforts to bestow privileges that the basic industry is not entitled to and which is denied to all other group of American citizens, Ceres might well ex­claim, "How many offenses are committed in my name!" What agriculture wants is a square deal, not favor. "Equal rights to all and special privilege to nane " has been the cry of the tiller of the soil from the beginning of time. He has had to earn his bread by the sweat of his brow from the very dawn of history, and he thoroughly understands that he will have to do so until tills earth ceases to be a habitation for man. He knows that all of the other groups are depending upon his industry ; that he is an Atlas ; that he supports the s tupendous structure called cities, with their clas es, masses, groups, and divisions. He knows that he will not only not gain anything by being looked upon as a Joseph with a coat of many color , but that he will be placed at a tremendous disadvantage as a result of the mess of pottage that has not been asked for, but which has been thrust upon him.

The farmer is an American-first, last, and always. He does not want his Government in the business of making power and fertilizers and selling the arne to the people through different channels. He know that there is but one step from that ven­ture to selling shoes, hats, and foodstuffs-which, of course, means "good night" to the Republic, individualism, and freedom. He does not want that under any circumstances; but his honest heart must revolt at the thought that as a necessary step to the Government going into business at Muscle Shoals in the way of making power and fertilizer and selling the same that it must crush out those that are engaged in the manufacture and sale of fertilizer particularly-thereby depriving them in the future of making a living and depreciating their property to such an extent •that it might be deemed confiscation. I am sur­prised, my friend ..;, that IUY own section of the country, the South, can even tolerate the idea of such a position in view of the historical background that such a pernicious expression of governmental tyranny and oppression must have for a people who were prostrated and their heads bowed in the dust as a result of a confiscatory policy on the part of the Federal Gov­ernment which even under the war power was revolting to those that exercised it. No one born in the South but understands, be­lieves, and knows that the South should have been compensated uhen emancipation was declared. Do not misunderstand me, Mr. Speaker. If I were living before the Civil .. War I would have been an abolitionist. But no man could be so prejudiced that has the slighte t claim to intellectuality that does not admit that compen~ation is an obligation that rests upon every­one, sovereign and subject, when another man's property is taken even for a great public purpo e. And yet I am compelled to admit that some of the finest men in the Southern States, men for whom I have an admiration and affection, are flat­foot-edly for this bill on the ground that the neces ity of the occasion demands this action. I am again t it-everlastingly and eternally against it-and what I consider the menacing policy which it expresses and which when fully developed means the destruction of the Republic. I am against it for the rea ons that follow : .

First. It creates the "Muscle Shoals corporation of the United States," pr~viding definitely for 10 years of operation. This is

long enough to cripple and largely destroy the present fertilizer industry, without setting up an equally efficient agency in its place.

Second. It turns over to this corporation without any charges whatsoever all of the Muscle Shoals properties which originally co t the taxpayers about $140,000,000. Private enterprise mu t pay in rentals, bond interest, or otherwi e for all property it uses. ·

Third. It provides $10,000,000 of operating capital from the Public Trea ury which hall be interest free during the first five years. The fertilizer indu try must hi:re its moneys in the open market at the going rate of intere t.

Fourth. It directs the corporation to manufacture not only nitrogen but complete fertiliz"ers, authorizing purcha e of the materials it does not make. This certainly is not in line either with the letter or the spirit of the national defense act of 1916, which provide for the production of nitrates for munitions of war and useful in manufacturing fertilizers and other u eful products.

Fifth. It puts the Government in the fertilizer bu ine from start to finish by requiring the corporation to sell at retail for cash, f. o. b. Mu cle Shoal . This discriminates again t poor and needy farmers in favor of those who can pay ca h, and leaves a harvest of credit risks and bad debts for the remnant of private indu try that must try to carry on b~au e it has over $300,000,000 invested in the business.

Sixth. It prescribes that sales shall be made: (a) To farmers, farm groups, and farm organizations; (b) to State and State agencies for resale to farmers; and (c) to private manu­facturers, mixers, and merchants of fertilizers after the fore­going prefened customers have been supplied. Thi is a gross discrimination, when fertilizers are only 9 per cent above pre­war, and even farm products are 37 per cent above, again tan industry that in one year created over $697,000,000 new wealth for an expenditure of $230,000,000.

Seventh. It authorizes the sale of surplus power. If this applied to all power produced it would be sound, because Muscle Shoals is recognized by all experts as primarily a power proposi­tion.

Eighth. It requires sales of fertilizer to be at cost, with the . income from sale of power to be subtracted from fertilizer manufacturing co ts. This is robbing Peter to pay Paul. How could private enterprise possibly compete against such flagrantly subsidized competition? I s this fair?

Ninth. It authorizes the free distriDution of 5 per cent of the total fertilizer production for " experimentation " ; under certain conditions 15 per cent of the total production, whether nitrates or complete fertilizer, may be given away. Proper experi· mentation is desirable, but this provision would reviYe all the evils of free-seed distribution, only on a more vicious scale.

Tenth. It orders the corporation to build and operate super­phosphate-acid phosphate-plants in the face of exce pro­ductive capacity now constructed. By the same rea oning it would be logical for the Government to open a huge new coal mine despite overproduction which is now strangling the coal industry. ·

Eleventh. It orders the immediate use of a nitrogen-fixation process that con umes over three times as much power per ton of nitrogen e.s modern plants now being constructed and operated in the United State·. In tead of helping our infant nih·ogen­fixatiou indu try-now producing nitrogen equivalent to 700 tons of nitrate of soda daily-thi proposal would confront it with subsidized governmental competition.

Twelfth. It authorizes copying and use of any private pat­ents, thus discouraging further private research.

Thirteenth. It confers the right to condemn private property on a governmental corporation which is to compete with private enterprise.

Fourteenth. It provides that any person who for compensa· tion of any kind enters into agreement of any kind with intent to defeat the ptuposes of the corporation shall be fined not more than $25,000 or imprisoned not more than 15 years, or both. Thi i · a dire threat against the fertilizer, power, or any other industry that n;ay try to protect itself from 'the consequences of thi incursion of the Government into private bu iness.

Fifteenth. It gives fertilizer at a sub idized rate to farmers within normal shipping distance of Muscle Shoals, thus benefit· ing orne farmer: and discriminating again t other . By giving fertilizer at subsidized prices to farmers of thi area, it gives these farmers further advantage in competition with the south­ea tern cotton growers particularly would suffer in Virginia, North and South Carolina, and Georgia, where western compe­tition has. already been felt very keenly.

Sixteenth. It di.~rupts an industry that is giving good service to agriculture, with millions of satisfied customers who are get-

1928 CONGRESSIONAL RECORD-.HOUSE 8473" ting fertilizer at prices relatively much lower than all other im­portant supplies the farmer buys.

Despite the fact that this complete substitute for the Norris resolution, as passed by the Senate, is a new and distinctly dif­ferent propos-al from any other that has ever been before Con­gress dealing with Muscle Shoals, it was introduced by the Committee on Military .Affairs without hold~ng public hearings thereon.

Remember that Congress as a pure result of its parliamen­tary uevelopments is a recognitory body. That is that ex necessitate it has to give recognition to committee findings as a general proposition. It is clear from this statement that committee must or should hold hearings which ought to be as full as possible and publish the same so that l\Iembers of Con­gress will know the reasons for the committee's report. This fundamental necessity of parliamentary procedure was not observed by the House committee, which did not hold hearings

·on the substitute bill which it reported out instead of the McNary bill. Sometimes an advertisement expresses so clearly, concisely, and convincingly a case that it is justifiable and sagacious to use it for its effectiveness.

ERADICATION OF PINK BOLLWORM

l\Ir. RAMSEYER, from the Committee on Rules, presented the following House resolution "for printing in the RECORD:

House Resolution 193 Resolved, 'rhat upon the 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 the consideration of S. J. Res. 129, to provide for eradication of pink bollworm, and authorizing an appropriation therefor. That after general debate, which shall be confined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by those favoring and opposing the bill. the bill shall be read for amendment under the five-minute rule. At the conclusion of the reading of the bill for amendment the committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the bill and the amendments thereto to final passage without intervening motion except one motion to recommit.

PERSONAL PHYSICIAN TO THE PRESIDENT

l\Ir. RAMSEYER also presented the following resolution for printing in the RECOR-D:

House Resolution 192 Resolved, That upon the adoption of this resolution it shall be in

order to consider in the House as in the Committee of the Whole House on the .state of the Union S. 3456, allowing the rank, pay, and allow­ances of a colonel, Medical Corps, United States Army, to the medical officer assigned to duty as personal physician to the President.

At the conclusion of the reading of the bill for amendment 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.

SHOOTING OF JACOB D. HANSON

Mr. DEl\IPSEY. Mr. Speaker, I ask unanimous consent to . proceed for three minutes out of order, and to revise and extend my remarks in the RECORD.

The SPEAKER. Is there objection? There was no objection. l\Ir. DEMPSEY. l\Ir. Speaker, I want to inform the House

concerning a most regrettable occurrence at Niagara Falls, in my district. On Saturday night there was a meeting of the Elks in that city, at which Mr. Hanson, one of the officers of the lodge of Elks, was present. After the meeting Mr. Hanson drove a fellow member to Lewiston and then late at night started home. At the foot of Lewiston Hill, in the morning, about 2 o'clock, he was orderea to stop by a man, who, I am told, was n·ot in uniform, and upon his not obeying the order the person who commanded him to stop shot into the car.

The car proceeded up the hill and, apparently, signals were exchanged between the man at the foot of the hill and a man at the top of the hill, and a shot was fired at Mr. Hanson by the latter, inflicting a wound in the temple by which l\Ir. Hanson was rendered totally blind and from which he is now probably dying.

I understand these men were members of the Coast Guard, stationed at Youngstown, engaged in the prohibition enforce­ment service, but as I have already said, I am told they were not in uniform or, at any rate, were not wearing such uniform as in the darkness of the night would give notice to a man driving an automobile along the highway at a reasonable rate of speed that the person seeking to stop him was -an official

LXIX--534

This incident has developed a very serious condition of affairs. Personally, I may say that about one year ago I had a similar experience and in the saine vicinity, except that I was not shot. My wife and I were leaving the city of Niagara Falls for home about 10 o'clock at night and some one came out on ' the road in a lonely place, with woods at the side of the road, and signaled us to stop. We put on extra speed, and we passed the man who signaled us to stop without any deplorable incident.

But there should be some regulations, some rul~s, some con­trol of these employees, so that the lives of citizens who are in the discharge of their daily duties and avocations and entitled ; to the enjoyment of their legal rights to travel the highways secure from assault shall not be subject to such deplorable re- ·

· suits as befell l\Ir. Hanson. It is not a question of being wet or dry. It is a question of

protecting the ordinary citizen in his property and his life as he traverses the highways, which should be open and under · protection to all. It is a serious question.

Immediately after this incident at Lewiston I took up the matter with the Assistant Secretary of the Treasury. I said to him that this incident should be investigated thoroughly ; that these men, if the facts are as reported, should be punished , for such lawless and unjustifiable conduct, with the terrible ' consequ~nces coming from it. I strongly urged that some rule should at once be put in force and observed which would pro- • teet the citizens on the public highway. '

The SPEAKER. The time of the gentleman from New York has expired.

Mr. DEMPSEY. l\Iay I have one minute more? The SPEAKER. Is there objection to the request of the

gentleman from New York? There was no objection. l\Ir. DEMPSEY. At the proper time I shall ask that some

action be taken by the House, referring an inv-estigation of this matter to an appropr}ate committee, to see if CongTess itself can not take some action to insure that the citizens on the highway are protected. As the matter is reported in the press, and by those living in the vicinity, there was no neces­sity or excuse for such a violent act, and under the circum­stances and conditions present in this case, the citizen should be protected in his rights.

The case of 1\Ir. Hansen has appealed to everyone living in the vicinity most strongly because he was a man of high . character, well known both from his business connections and · in his capacity as a popular and successful officer in the Elks : Society, who was not in any way transgressing the law by · transporting liquor or otherwise. The terrible injuries suffered . by him have excited both sympathy and grief. The whole com­munity, in fact, is aroused, and in speaking as I do, I believe that I am voicing their sentiments and feelings.

1\Ir. O'CONNOR of New York. l\Ir. Speaker, will the gentle~ man yield there?

Mr. DEMPSEY. Yes. Mr. O'CONNOR of New York. Does the gentleman know

whether or not these men have been turned over to the prosecuting officers as yet?

1\Ir. DEMPSEY. My understanding is that at first the lecal officers refused to act, but that now they have acted.

l\Ir. O'CONNOR of New York. The gentleman means the Coast Guard officers?

Mr. DEMPSEY. Yes. That information, however, is not official. ·

Mr. O'CONNOR of New York. Does not the gentleman know that that is the usual rule?

The SPEAKER. The time of the gentleman from New York has expired.

Mr . O'CONNOR of New York. I ask unanimous consent that the gentleman may pr oceed for one minute more. I wish to ask h im a question.

The SPEAKER. Is there objection? There wa no objection. ;Mr. O'CONNOR of New York. Does not the gentleman know

that there have been any number of these instances in New York where a Federal prohibition officer has committed murder, and the entire Department of Justice has put every obstacle in the way of his prosecution and have defended su~h men in the courts? This is only another instance of it.

Mr. DEMPSEY. I do not know of the incident to which the gentleman refers. I only know of this incident, which occurred in my district. My county is a very large county, and all of our people are very deeply concerned and agitated over what is going to follow, whether the ordinary- citizen is to be subjecteu to these danger s if . he goes out on the highway at night.

8474 CONGRESSIONAL RECORD-HOUSE }fAy 11 Mr. BLACK of New York. · Mr. Speaker, will the gentleman

yield to ~e? Mr. DEMPSEY. Yes. Mr. BLACK of New York. Does the gentleman care to tell

the House what the Assistant Secretary of the Treasury says about it?

Mr. DEMPSEY. He said it would be investigated and every effort made to protect the citizens. [Applause.]

RETIREMENT OF EMERGENCY OFFICERS

Mr. CARTWRIGHT. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD.

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

There was no objection. Mr. CARTWRIGHT. Mr. Speaker, under the leave to extend

my remarks in the RECORD, I include the following editorial and letter:

[Editorial from Chicago Tribune, Thursday, May 3, 1928]

GENEROSITY FOR ALL VETERANS

The Tyson bill to grant retirement pay to disabled World War emer­gency officers has passed the Senate and is pending in tbe House. It has been unopposed except from one quarter. Retired enlisted men point to their own small pensions and ask that the Tyson bill be held up until they are granted increased compensation.

It is natural for the retired enlisted men to feel and to argue as they do. Their attack on the Tyson bill is, as they see it, their only chance to win a hearing.

Congress must decide both the Tyson bill and the claims of the enlisted men, and the way to do it is not to defeat the Tyson bill because the enlisted men are not receiving generous treatment, but to pass the Tyson bill and at the same time accord the enlisted men the recompense they deserve. The disabled emergency Army officer is the only one out of nine officer classes to have been left out. The members of the other eight classes have all been cared for by the Government. The yson bill, therefore, aims to rigb t ~ real injustice.

The enlisted men will not be helped by the defeat of the Tyson bill ; it will mean only injury to the emergency officers. Congress's duty is not a negative one---ilefeat of the Tyson bill-but a doubly positive one; passage of the Tyson bill and legislation in behalf of the retired enlisted man.

THE AMERICAN VETERANS OF ALL WARS,

Muskogee, Okla., May 5, 1928. Subject: Tyson-Fitzgerald bill (S. 777).

Hon. WILBURN CARTWRIGHT, House of Representatives, United States,

Washington, D. 0. 'MY DEAR l\1R. CARTWRIGHT: I wish to acknowledge with deep grati­

tude your valued letter of May 2. I have read with deep appreciation your statement, which I have ordered relayed to our whole and entire membership, and ·particularly to our members in the third congressional district, to wit: ·

"I went to Congressman FITZGERALD and offered my assistance, as you suggested. He seemed to appreciate it very much."

I am sure that not only has Mr. FITZGE.RALD appreciated it, but I will see to it that every ex-service man in the ·third congressional district, both appreciates and reciprocates a friendship and unselfish service of uch nature.

Mr. CARTWRIGHT, the Tyson-Fitzgerald bi)l is a just bill. Those who are against the bill set up two objections to the bill. I fully believe that the opponents to the bill are as honest in their views as we who are fighting heart and soul for the bill are, but their arguments are groundless for the following reasons: It is stated by some that the Tyson-Fitzgerald bill is discriminatory, in that it discriminates in favor of the commissioned officer as against the enlisted man. This argu­ment is without merit for the reason that it deals with a military establishment in a military organization. llank is a reward f.or lead­ership, increased responsibility, and proportionate greater risk.

There is no discrimination against the enlisted man by giving the officer what is due his rank; r emember, that from the beginning of time, wh.en man established the safety of his own side, armies rewarded leadership with increased rank, which carried increased command, r esponsibility, and pay. Napoleon said, "Every soldier carried in his knapsack a field marshal's baton." The enlisted man of the last war may, with his training and experience, be the officer of the next wru· unless human nature should change and causes for war should cease and end, when there would be no war ; hence what you would give to the disabled offieer of the past war, you would or rather future Con­gresses would give to the disabled officer of the next war ; where is the discrimination? Every commissioned officer has at all times been for the ex-soldier in all things that could be obtained for him ; the Tyson-Fitzgerald bill is dealing with the officer; pass it just as it stands; do not kill it or endanger it by any amendments ; pass it as the Senate has passed it; and if you and other Congressmen feel that

the enlisted man should get more than be gets now, ''we 'a're with. you·; tell us what Congress is willing to do for the enlisted man and we will do all in our power to help, but do not punish fhe most patriotic body of veterans-the disabled emergency officer-merely because Congress may feel that Congress has not done enough for the enlisted man. · God bless you, bless Congress, and bless the .enlisted man ; he deserves everything that can be done for him, and I am daily doing it; this organization aDd every veteran organization is constantly dolng this; tell us what more can we do, and we are ready, willing, and anxious to help the enlisted man at all times, but where is the discrimination?

Congress has a number of officials and employees ; you pay them in different scaLes; is the fact that an employee with greater responsibili­ties, more serious duties, is getting more than one who has inferior duties or less influence to prepare himself a discrimination? Hardly. Why, then, raise the issue that an officer who has to prepare himself, take all risk, be responsible for the safety and well-being of llis men, should be getting just a little higher pay than an enlisted man?

The opponents of the bill sing the praise of the enlisted man ; no one knows him bette!' than I do ; thousands of the enlisted men know that I got up many a time from a sick bed, in cold winter nights, to go over the camp to see that my men were sleeping warm; the enlisted man has never done this for his officer ; why? Because it was not his responsibility; if it was, God bless him, he would have done it. We bad a great war, our Armies covered themselves with honor and glory, the enlisted man was worth in every way, but do not forget, it was an Army le!l by leaders, who were equal to their task. Why deny the officer what is justly due him? Are the opponents trying to eliminate leadership from our Army? Russian Soviets tried it, and even they gave it up. Why then not give the officer the tardy justice due him, and give him the same retirement rights which Congress bas promised in 1917 when it needed the officer, and which Congress was generous enough to give to eight other classes of officers?

There is nothing to the claim that the Tyson-Fitzgerald bill dis­criminates against the enlisted men, our membership are mostly enlisted men and we are solid for the Tyson-Fitzgerald bill ; other veterans organizations are similarly situated and a1·e for the Tyson­Fitzgerald bill.

Again, opponents of the bill do not recollect, that during the war, we had one Army, the officer disabled in the World War, was an officer of the only Army the United States had at that time, and should be given as promised in the selective service act of May, 1917, the same treatment " In all respects upon the same footing as to pay, allowances, and pensions as officers of corresponding grades and length of service in the Re,"'lllar Army." Bearing in mind, that all distinction of armies was by War Department Order, No. 75, on August 17, 1918r abolished, in which it was stated:

"This country bas but one Army, tbe United States Army, it includes all land forces in the services of the United States. Thes~ forces, however raised, lose their identity in that of the United States Army."

Where then is there any moral or sound reason for refusing to give the same treatment to one class of military officers than all other similar officers?

We had Regular officers, provisional officers, and emergency officers of the Army, Navy, and Marine Corps at the beginning of the war. Later, by consolidating all the forces in one army, "the United States Army," a ll distinction has been abolished, all officers of the same ranks served side by side, carried out just as faithfully. Eight classes of the above officers-namely, the Regular, provisional, and emergency officers of _the Navy and Marine Corps-have been given by Congress, and justly so, retirement rights they deserved and God bless Congress for doing so, but in the name of eternal right and justice, why not give the same to all? Congress has gone further, it has done justice to the naval and Marine Corps officer, it has done justice to what is known as the Regular Army officers, it has given retirement rights to the provisional Army officer; but to the man who has sacrificed most, to the man who has disrupted his whole life, and in many instances has never been able to regain the interrupted civilian career-the emergency officer-he, when equally disabled in line of duty, in the service of our beloved country, he (the disabled emergency officer) was neglected. He bas been denied the same rights as has been generously and justly granted to the same officer who served side by side with him, except that the other officer had a commission reading provisional. There was no distinction in the right to serve and, if necessary, to die for our country. There should be no distinction in the right of the same type of officers to live for our country.

It has been my pleasure to djscuss the Tyson-Fitzgerald biU with me.n and women of various thoughts, bu :iness, and professions. I have discussed it with legislators, merchants, ministers, lawyers, doctors, carpenters, tailors, blacksmiths, automobile mechanics, newspaper edi­tors, and report.ers, an<l all agree to the justice of treating the dis­abled emergency officer the same way as all other officers of the World War were treated; and I submit to you that 99.9 per cent of all our American people, of all ex-service men, an<l 100 per cent of all reputable

-

1928 CONGRE.SSION AL RECORD-HOUSE 8475 and worth-while -veteran organizations are for the Tyson-Fitzgerald bill.

There has never been a single measure before Congress which met with such universal approval; hence, there must be intrinsic value and merit in the same, and since it is a bill . that affects us as taxpayers the fact that the taxpayers are heartily in favor of the Tyson-Fitzgerald bill should be the best argument for a speedy enactment of this bill into law ; and in behalf of the disabled emerg('ncy officers, in behalf of all the faithful officers who have been disabled in line of duty, we hope and pray that the Tyson-Fitzgerald bill will pass overwhelmingly, and will promptly be approved by our great President, Calvin Coolidge, and will serve both as a just reward for faithful service of the past and as an encouragement for the future-that sacrifices honorably made for our country will not go forever forgotten by our Congress. ·

I shall apprecia te for you to bring this earne t appeal in behalf of this just bHl to the attention of all the Members of Congress.

Very cordially, J. H. STOLPER,

General Counsel and Chairman National EllJecutive Comm..ittee, American Veterans of All Wa·rs.

PRESERVATION OF A BATTLE. SITE IN MOXTANA

1\lr. LEAVITT. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the hill H. R. 8110, with a Senate amendment, and agree to the Senate amendment.

The SPEAKER. The gentleman from Montana asks unani­mous consent to take from the Speaker's table the bill H. R. 8110. The Clerk will report it by title_

The Clerk read as follows : A bill (H. R. 8110) withdrawing from entry the northwest quarter,

section 12, township 30 north, range 19 east, Montana meridian.

The SPEAKER. The Clerk will report the Senate amend­ment.

The . Senate amendment was read. Mr. GARNER of Texas. Reserving the right to object, :Mr.

Speaker, I remember that the Speaker the other day on a matter similar to this said he did not care to recognize a mem­ber of a committee in charge of a bill to take it up al}.d agree to a Senate amendment unless the gentleman should show that he h nd the authority of the committee for such action. '!here­fore I want to ask the gentleman whether the committee has acted and authorized him to take this action.

l\1r. LEAVITT. I had it up with the chairman of the Public Lands Committee-

1\fr. GARNER of Texas. But the chairman is not the Com­mittee on Public Lands. I think the ruling made by the Speaker was a good one, and when gentlemen want the House to agree to a Senate amendment they ought to call the com­mittee together and get its permission to take that action. For the present I must insist that the rule the Speaker laid down, which is a good rule, be followed., and that the gentleman must get an authorization from the committee before asking the House to agree to a Senate amendment. I hope the gentle­man will withdraw his request for the present_

Mr. LEA'\ ITT. All this amendment does is to name the area--

Mr. GARNER of Texas. I do not care what it is. If the rule is to apply it· must apply to all, however insignificant the amendment may be. I trust the gentleman will withdraw his request.

l\1r. LEAVITT. I will be glad to withdraw it, under the cir­cumstances. RE.'TIREMENT OF OFFICERS AND FOR.M:ER OFFICERS OF THE WORLD WAR

1\lr. ALMON. Mr. Speaker, I ask unanimous consent to ex­tend. my remarks in the RECORD on the bill which has just been passed by the House.

The_SPEAKER. Without objection, it is so ordered. There was no objection. l\1r. ALl\10N. l\Ir. Speaker, I have received many communi­

cations both for and against this measure. Some from officers and. some from enlisted men. Both during and since the World War I have voted for and upported every piece of legislation looking to the relief of the disabled Army officers, the enlisted men, and their d.ependents, and I would be glad to support any reasonable legislation favorable to the disabled emergency Army officer if I could do so consistently and in justice to the enlisted man.

This bill even discriminates against the officers. It is based upon rank. I see from the minority report that the bill favors 3,297 emergency officers whose disability is 30 per cent and above and will leave 6,972 emergency officers whose disabilities are less than 30 per cent upon the same basis of compensation ·as the enlisted men. It further appears from this report that there are 69,386. enlisted men who are disabled to the same de­gree as the 3,297 emergency officers who are to be benefited

by this bill, and 173,842 whose disabilities are rated at less than 30 per cent permanent. It will also be noted that the bill makes no provision for the dependents of those officers who were killed, or who died in the service and since the war. These dependents will continue to draw compensation upon equality with the dependents of the privates. If we are to change our policy and base compensation upon rank, then should not the dependents as well as those living be cared for? The discrimination provided for in the bill is between emergency officers themselves and js enough to condemn the bill. Our Government and Constitution upon which it is based is designed to insure equality before the law.

l\fany of our young men entered the World War, some as privates and some as officers. They suffered the same sacri­fices, encountered the same dangers and privations. Tl1e one common purpose was to serve their country. When the war ended they returned to civil life and were again placed on equality. Some of the privates were discharged from the service as disabled by' reason of their military service. Some of the officers were in the same condition. Take for example two young men, one an officer and the other a private, dis­charged with the same disability. This bill provides for the payment of $30 for a 30 per cent disability to the private, and as much as $375 to the officer. This would be- rank injustice, and for that reason I am opposed to the bill and shall vote against it.

I have a great sympathy for the disabled World War veteran whether he was an officer or a private, .but I am unwilling to do more for one than for the other. The rank discrimination provided for in this measure is indefensible and unprecedented.

ORDER OF BUSTN~S

Mr. TILSON. l\1r. Speaker, to-morrow it is expected to take up two bills the consideration of which is provided for in the two rules that were read from 1 the Clerk's desk a few mo­ments ago.

l\Ir. CHINDBLOl\1. What are those bills? 1\lr. TILSON. One is the pink bollworm bill-I think this is

the short name for it-and the other is to give the pay and allowances of a colonel to a medical officer at the White House who happens to be of lower rank.

Mr. SNELL. It is a bill which applies to the personal physician to the President.

1\lr. MICHENER. It applies to the man who now holds the position of physician to the President.

Mr. TILSON. It is general in its terms, I understand. Mr. O'CONNOR of New York. No; it pertains to the man

who is there now. It is a bill which is on the Consent Calendar.

Mr. TILSON. It is on the Union Calendar instead of the Private ·calendar.

Mr. BANKHEAD. 'Vill the gentleman yield? 1\lr. TILSON. Yes. Mr. BANKHEAD. I would like to ask the chairman of the

Committee on Rules if he thinks it inadvisable to bring up · to-morrow the rule which we reported out this morning relating to the Naval Committee bill?

l\Ir. SNELL. -I will say to the gentleman that I am not quite ready to bring that up_ I can not get the information necessary to bring that rule in.

Mr. TILSON. It is probable that the two bills first · men~ tioned will take only a part of to-morrow. No general debate is provided for in one of the rules and only one hour of debate in the other rule.

1\Ir. L-AGUARDIA. Does the rule provide for no debate on one bill?

1\Ir. TILSON. Yes; no general debate. Mr. LAGUARDIA. That is a most unusual rule. Mr. TILSON. l\Ir. Speaker, in view of the fact that we shall

probably have a few hours of extra time to-morrow, I ask unanimous consent that the Consent Calendar may be called, beginning at the point where we left off at the last call. The Consent Calendar is very much crowded now and should have consideration. Therefore, after the completion of the two small bills to-morrow, I should like to utilize the time in the consid­eration of the Consent Calendar.

l\Ir. O'CONNOR of Louisiana. Will the gentleman yield? 1\Ir. TILSON_ Yes. l\fr. O'CONNOR of Louisiana. Are you not giving undue

preference to the Consent Calendar over the Private Calendar? 1\I'r. TILSON. The Consent Calendar has on it public bills,

while the Private Calendar deals with private bills, and ordi- . narily we must give public business the right of way over Private Calendar business. ·

Mr. LAGUARDIA. ·wm all the time be used on the second bill so as · to give us a chance to be ready on the Consent Calendar?

8476 CONGRESSIONAL RECORD-· HOUSE MAY 11 Mr. TILSON. I understand that the hour allowed will be

taken on the one bill The rule provides for one hour's general debate, and I understand all of it will be used, so that those who are studying bill on the Consent Calendar will have at lea. t an hour after we meet to-morrow to study the bills.

Mr. TAYLOR of Colorado. Will the gentleman yield? Mr. TILSON. Ye . Mr. TAYLOR of Colorado. I would like to ask the gentleman

whether he can give u any information as to when we will be given a hearing on the Boulder Canyon bill?

Mr. TILSON. The matter to which the gentleman refers is pending before the Rules Committee, and there has been no decision on the question, I believe. At least there has been no report from that committee. .

1\Ir. HOLADAY. Will the gentleman yield? Mr. TILSON. Ye . Mr. HOLADAY. Under this unanimouN-consent request we

may be assured the Private Calendar will not be taken up to-morrow?

Mr. TILSON. There will be no Private Caiendar business to-morrow if the Consent Calendar is taken up in accordance with my request.

I renew my request, Mr. Speaker. Mr. TAYLOR of Colorado. Can not the gentleman give us

some idea whether the SouthweNtern States can expect action at this session of Congress on the Colorado River matter?

Mr. TILSON. I can not. This is a matter which is pending before one of the committees of this House and I ought not to undertake to answer for a committee until the committee itself acts.

The SPEAKER. The gentleman from Connecticut asks unan­imous con ent that to-monow, at the conclusion of the consid­eration of the two bill mentioned, it may be in order to con­sider bills on the Consent Calendar, beginning immediately fol­lowng the last bill considered on that calendar. Is there objec­tion?

There was no objection. CLAIMS OF NORTHWESTERN BANDS OF SHOSHONE INDIANS

Mr. LEAVITT. Mr. Speaker, I call up the conference report on the bill (S. 710) conferring jurisdiction upon the Court of Claims to hear, adjudicate, and render judgment in claims which the Northwestern Bands of Shoshone Indians may have against the United States, and ask unanimous consent that the conference report may be agreed to.

The Clerk read the conference report. The conference report and statement are as follows:

CONFERENCE REPORT

The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 710) conferring jurisdiction upon the Court of Claims to hear, adju­dicate, and render judgment in claims which the northwestern

·bands of Shoshone Indians may have against the United States, having met, after full and free conference have agreed to rec­ommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amend­ments of the House uumbered 2, 3, and 4, and agree to the same.

Amendment numbered 1 : That the Senate recede from its dis­agreement to the amendment of the House numbered 1, and agree to the same with an amendment as follows.: After the words "for the benefit of any" and before the words "of said Indians" insert the words " band or bands," so as to make the amendment read: "Any payment which may have been made by the United States, including gratuities for the benefit of any band or bands of said Indians or for their support and civili­zation, shall not operate as an estoppel, but niay be pleaded as a set~off in said suit"; and the House agree to the same.

SCOTT LEA VI'IT, W. H_ SPROUL, JoHN M. EvANs,

Managers on the part of tl~e House.

LYNN J. FRAZIER, ~~HOS. D. SCHALL, HENRY F. AsHURST,

Marwgers·on the part of tlte Se'nate.

STATEMENT

The Senate ba receded from its disagreement to the four amendments of the House with an amendment to the first Hou e amendment by the inclusion of the words "band or bands" after the word. "of any," so that the amendment will read: "Any payment which may have been made by the Upited

States, including gratuities for the benefit of , any band or bands of said Indians or for their support and civilization, shall not operate as an estoppel, but may be pleaded as a set-off in said suit.''

Amendments 2, 3, and 4 are agreed to as they passed the House.

Amendment No. 2 1imits the total attQrneys' fees to $25,000. Amendment No. 3 makes the per cent of inter·est paid on proceeds of the suit 4 per cent instead of 5 per cent, this figure being in accordance with the usual practice in uch ca es. Amendment No. 4 limits the purpo es for which the proceeds may be appropriated by Congress to health, gducation, and industrial advancement of the Indians involved.

SCOTT LEAVITI', W. H. SPROUL, JOHN M.. EVANS,

M an.aget·s on the part of the H ou.se.

The SPEAKER. The question is on agreeing to the confer­ence report.

Mr. B~'1'rHEAD. Mr. Speaker, reserving the right to ob­ject--

The SPEAKER. It is not a que.stion of objection. The gen­tleman has the right to call up the conference report.

Mr. B~lrHEAD. But the gentleman asked unanimous con-sent that it be agreed to. ·

M.r. TILSON. Mr. Speaker, before the motion is ,put I desire to make this statement: Conference rep·orts are privileged mat­ters, and therefore can be brought up practically at any time, but I think, in fairness to the l\fembers of the House, l\fembers who have conference reports to be considered should be het·e at the opening of the e sion and call up their reports at that time. I hope the chairmen of the several committees will bear this in mind, and if they have conference reports to be considered try to call them up at the time the House convenes, instead of at the time of adjournment.

Mr. LEAVITT. Will the gentleman from Connecticut yield? Mr. TILSON. Yes. .Mr. LEAVITT. That has been my practice except in this

case where the Senate receded from its amendment and took the 'House's position, so tht!t there was no controver y with regard to it.

Mr. TILSON. I say this in the interest of the convenience of Members of the House who wish to feel they can go away safely at the end of the aftet·noon without having a important matters as confa·ence reports called up. I think it the better practice to call them up in accordance with their privileged status of the opening of the day's session.

The SPEAKER. The question is on agreeing to the con-ference report. ·

The conference report was agreed to. SENATE BILLS REFERRED

Bills of the following titles were taken from the Speaker's table and, under the rnle, referred to the appropriate com­mittees, as follow :

S. 116. An act for the relief of R. S. Howard Co. ; to the Committee on War Claims.

S. 4203. An act authorizing J. H. Haley, his heirs, legal representatives, and assigns, to construct, maintain, and oper­ate a bridge across t11e l\IL<®>uri River at or near a point where Olive Street Road, St. Louis County, Mo., if extended west, would intersect the Mi souri River; to the Committee on Inter­state and Foreign Commerce.

S. 4382. An act to amend the act (Public, No. 135, 68th Cong.) approved May 24, 1924, entitled "An act for the reor­ganization and improvement of the Foreign Service of the United States, and for other purposes " ; to the Committee on Foreign Affairs.

~ROLLED BILLS AND JOINT RESOLUTION SIGNED

Mr. CAMPBELL, from the Committee on Enrolled Bills, I'e­

ported that they had examined and found truly enrolled bills and a joint resolution of the following titles, when the Speaker signed the same :

H. R. 15. An act authorizing an appropriation to enable the Secretary of the Interior to carry out the provisions of the act of May 26, 1926 ( 44 Stat. L. 655), to make addition to the Absaroka and Gallatin National Fore ts, and to improve and extend the winter-feed facilities af the elk, antelope, and other game animals of Yellow tone National Park and adjacent land;

H. R. 158. An act to amend chapter 137 of volume 39 of the United States Statutes at Large, Sixty-fourth Congre ·s, fi1·st session;

H. R.167. An act to amend the act of February 12, 1925 (Public, No. 402, 68th Cong.), so as to permit the Cowlitz Tribe of Indians to file suit i,n the Court of Cl~ims under said act;

1928 .. ·CONGRESSIONAL ·RECORD-HOUSE 8477 . H. R . 332. An act validating ·homestead entry of Englehard Sper tad for certain public land in Alaska ;

H. R. 491. An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California ;

H. R. 3467. An act for the relief of Giles Gordon; H. R. 4303. An act for the relief of the Smith Tablet Co.,

of Holyoke, Mass. ; H. R. 4396. An act for the relief of Jesse R. Shivers ; H. R. 4619: An act for the relief of E. A. Clatterbuck ; H. R. 4927. An act for the relief of Francis Sweeney ; H. R. 5297. An act for the relief of Christine Brenzinger : H. R. 5681. An act to provide a differential in pay for night

work in the Postal Service. H. R. 5935. An act for the relief of the McAteer Shipbuilding

Co. (Inc.) ; H. R. 7459. An act to authorize the appropriation for use by

the Secretary of Agriculture of certain funds for wool stand­ard ·, and for other purposes;

H. R. 7900. An act granting allowances for rent, fuel, light, and equi-pment to postmasters of the fourth class, and for other purposes ;

H. R. 7946. An act to repeal an act entitled "An act to extend the provisions of the homestead laws to certain lands in the Yellowstone forest reserve," approved March 15, 1906;

H. R. 8001. An act conferring jurisdiction upon certain courts of the United States to hear and determine · the claim by the owner of the steamship OUy of Bea1tmont against the United States, and for other purposes ;

H. R. 8307. An act amending section 5 of the act approved June 9, 1916 ( 39 Stat. L. 218), so as to authorize the sale of timber on Class 3 of the Oregon & California Railroad and Coos Bay wagon-road grant lands;

H. R. 8337. An act to amend the air mail act of February 2, 1925, a amended by the act of June 3, 1926;

H. R. 8474. An act for the relief of Elmer J. Nead; H. R. 8810. An act for the relief of John L. Nightingale; II. R . 9568. An act to authorize the purcha~e at private sale

of a tract of land in Louisiana, and for other purposes; H. R. 9612. An act authorizing and directing the Secretary

of the Interior to allow Norman P. Ives, jr., credit on other lands for compliances made in homestead entry, Gainesville, 021032;

H. R. 9789. An act for the relief of Sallie E. McQueen and Janie McQueen Parker;

H. R.10067. An act for the relief of Marion Banta; H. R. 10360. An act to confer additional jurisdiction upon the

Court of Claims under an act entitled "An act authorizing the Chippewa Indians of Minnesota to submit claims to the Court of Claims," approved May 14, 1926;

H. R. 10799. An act for the lease of land and the erection of a post office at Philippi, W. Va., and for other purposes;

H. R. 11026. An act to provide for the coordination of the public-health activities of the Government, and for other pur­pose ;

H. R . 11245. An a-ct to cancel certain notes of the Panama Railroad Co. held by the Treasurer of the United States;

H. R. 11475. An act to revise and codify the laws of the Canal Zone;

H. R . 11716. An act authorizing and directing the Secretary of the Interior to issue patents to Ethel L. Saunders, and for other purposes ;

H. R. 11852. An act providing for the confirmation of grant of lands formerly the United States barracks at Baton Rouge, La., to the board of supervisors of the Louisiana State Univer­sity and Agricultural and Mechanical College ;

n. R. 11960. An act for the relief of D. George Shorten; H. R. 12049. An act to authorize the Secretary of the Interior

to ·ell toW. H. Walker, Ruth T. Walker, and Queen E. Walker, upon the payment of $1.25 per acre, the southeast quarter sec­tion 34. town hip 2 north, range 14 east, ChoGtaw meridian, Clarke County, Miss.;

H. R. 12-379. An act granting the consent of Congress to How­ard Seabury to construct, maintain, and operate a dam to retain tidnl waters in an unnamed cove which is situated and extends from Cases Inlet into section 28, township 21 north, range 1 west, ·wmamette meridian, in Pierce County, State of Wash­ington;

H. R. 12383. An act to amend section 11 of an act approved F£>bruary 28, 1925 ( 43 Stat. 1064, U. S. C., title 39), grunting sick leave to employees in the Postal SN·vice, and for other purposes ; and

H. J. Res. 256. Joint resolution authorizing the United States Bureau of Public Roads to make a survey .of the uncompleted bridges of the Oversea Highway from Key West to the main-

land, in the State of Florida, with a view of obtaining the cost of the construction of said bridges, and report their find-ings to Congress ; ·

The SPEAKER announced his signature to an enrolled bill of the Senate of the following title :

S. 3598. An act authorizing the Dupo Bridge Co., a 1\Iissouri corporation, its successors and assigns, to construct, maintain, and operate a combined highway and railroad bridge across the Mississippi River at or near Carondelet, Mo.

BILL PRESENTED TO THE PRESIDENT

1\Ir. CAMPBELL, from the Committee on Enrolled Bills, re-­ported that this day . they presented to the President of the United States, for his approval, a bill of the House of the following title :

H. R. 11026. An act providing for the coordination of the public-health ·activities of the Government, and for other pur­poses.

.ADJOURNMENT

Mr. TILSON. Mr. ~pel!-ker, I move that the House do now adjourn.

The motion was agreed to; accordingly (at 5 o'clock and 19 minutes p.m.) the House adjourned until to-morrow, Saturday, May 12, 1928, at 12 o'clock noon.

COMMITTEE HEARINGS

Mr. TILSON submitted the following tentative list of com- ; mittee hearings scheduled for Saturday, May 12, 1928, as re- ' ported to the floor leader by clerks of th~ sever-al committees:

COJ>IMITTEE ON INDIAN AFFAIRS

( 10.30 a. m.) Authorizing the Federal Power Commission to issue permits .

and licenses on Salt River, Ariz. (H. R. 12411). COMMITI'EE ON NAVAL AFFAIRS

(10.30 a. m.) To authorize the Secretary of the Navy to proceed with the

construction of certain public works (H. R. 13319). COMMITTEE ON THE POST OFFICE AND POST ROADS

(10 a. m.) Pro·dding for the reclassification of watchmen, · messengers,

and laborers in the Postal and Railway Mail Services of the United States in three grades, with increase in salary (H. R. 390).

To amend an act entitled "An act reclassifying the salaries of postmasters and employees of the Postal Service, readjusting their salaries and compensation on an equitable basis, increas­ing postal rates, to provide for such readjustment, and for other purposes," approved February 28, -1925 (H. R. 9955).

To provide a shorter workdny on Saturday for postal em­ployees (H. R. 9058 and H . R. 6505).

EXECUTIVE COl\IMUNICATIONS, ETC.

Under clause 2 of Rule XXIV, executive communications were taken from the Speaker's table and referred as follows:

499. A communication from the President of the United States, transmitting a deficiency estimate of appropriation for the Treasury Department for the fiscal year 1927, $387.53 (H. Doc. No. 276) ; to the Committee on Appropriations and ordered to be printed.

500. A communication from the President of the United States, transmitting supplemental estimates of appropriations for the Department of Commerce for the fiscal year ending June 30, 1928, amounting to $247,615, and for the fiscal year ending June 30, 1929, amounting to $169,500; in all, $417,115, together with proposed drafts of legislation affecting existing appropriations (H. Doc. No. 277) ; to the Committee on Ap­propriations and ordered to be printed.

501. A letter from the Secretary of the Navy, transmitting draft of a proposed bill " To regulate the distribution and pro­motion of commissioned officers of the 1\lurine Corps, and for other purposes"; to the Committee on Naval Affairs.

502. A letter fi;om the Secretary of the Navy, transmitting draft of a proposed bill "To regulate the distribution and pro­motion of commissioned officers of the line of the Navy, and for other purposes"; to the Committee on Kava! Affairs.

503. A letter from the Secretary of War, transmitting report from tbe Chief of Engineers on preliminary examination and survey of Skipanon Channel, Oreg. (H. Doc. No. 2:78); to the Committee on Rivers and Harbors and ordered to be printed, with illustrations.

8478 CONGRESS! ON AL RECORD-ROUSE }fAy 11 REPORTS OF COM~IITTEES ON PUBLIC BILLS AND

RESOLUTIONS Under clause 2 of Rule XIII, Mr. HANCOCK: Committee on Naval Affairs. H. R. 8339.

A bill authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of ·the Veterans of Foreign Wars, De­pa.rtm'ent of Minnesota, the bell formerly on the old cruiser

_ M ·inneapolis; without amendment ( Rept. No. 1598). Referred to the House Calendar.

Mr. HALE: Committee on Naval Affairs. H. R. 12607. A bill authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of Naval Post 110 of the American Legion the bell of the battleship Connecticut; without amendment (Rept. No. 1599). Referred to the House Calendar.

Mr. VINSON of Georgia: Committee on Naval Affairs. H. R. 13182. A bill authorizing the Secretary {)f the Navy.: in his discretion, to deliver to the custody of the State of Alabama the silver service presented to the United States for the battle­ship Alaaanw,J· without amendment (Rept. No. 1600). Referred to the House Calendar.

lUr. WILLIAMS of 1\Iissouri: Committee on Naval Affairs. H. R. 13404. A bill authorizing the Secretary of the Navy, in his discretion, to deliver to the custody of the Louisiana State Museum, of the city of New Orleans, La., the silver service set in use on the battleship Lou·isillna; without amendment (Rept. No. 1601). Referred to the House Calendar.

Mr. GRAHAl\i: Committee on the Judicia1·y. H. R. 10431. A bill to amend the act establishing the eastern judicial district of Oklahoma; without amendment (Rept No. 1604). Referred to the House Calendar.

Mr. ZIHLlUAN : Committee on the District of Columbia. H. R. 12530. A bill to amend Public Law No. 254, approved June 20, 1906, known as the organic school law, so as to relieve individual members of the Board of Education of :personal lia­bility for acts of the board; with amendment (Rept. No. 1605). Referred to the House Calendar.

Mr. HAUGEN: Committee on Agriculture. H. R. 10958. A bill to 'amend the definition of oleomargarine contained in the act entitled "An act defining butter; also imposing a tax upon and regulating the manufacture, sale, importation, and exporta­tion of oleomargarine," approved August . 2, 1886, as amended; with amendment (Rept. No. 1606). Referred to the Committee of the Whole House on the state of the Union.

Mr. ZIHLMAN : Committee on the District of Columbia. H. R. 12531. A bill to exempt employees of the public-school system of the District of Columbia from the $2,000 salary­limitation provision of the legislative, executive, and judicial appropriation act, approved May 10, 1916, as amended; with amendment (Rept. No. 1607). Referred to the Committee of the Whole House on the state of the Union.

Mr. ZIHLMAN: Committee on the District of Columbia. H. R. 12739. A bill to ·provide books and educational supplies free of charge to pupils of the public schools of the District of Columbia; without amendment · (Rept. No. 1608). Referred to the Committee of the Whole House on the state of the Union.

Mr. ZIHLMAN: Committee on the District of Columbia. H. R. 12956. A bill to amend ee~·tain sections of the teachers' salary act, approved June 4, 1924, and for other purposes; without amendment (Rept. No. 1609). Referred to the Commit­tee of the Whole House on the state of the Union.

Mr. REECE: Committee on Military Affairs. H. R. 11722. .A bill to establish a national military park at the battle field of MonOcacy, Md.; without amendment (Rept. No. 1610). Re­ferred to the Committee of the Whole House on the state of the Union.

Mr. GLYNN: Committee on Militru·y Affairs. H. R. 12953. A bill to authorir;e the Board of Managers of the National Home for Disabled Volunteer Soldlers to accept the title to the State camp for veterans at Bath, N. Y.; without amendment (Rept. No. 1611). Referred to the ComJ:D,ittee of the Whole House on the state of the Union.

Mr. HAUGEN: Committee on Agriculture. H. R. 13646. A bill for the prevention and removal of obstructions and bur­dens upon interstate commerce in cotton by regulating trans­actions on cotton-futures exchange , and for other purposes; without amendment (Rept. No. 1612). Referred to the Com­mittee of the Whole House on t11e state of tlle Union.

111r. HAUGEN: Committee on Agriculture. S. 2030. An act to provide for re earch into the causes of poultry diseases, for fe ding experimentation, and for an educatiO._I?al P.rogram to show the best means of preventing disease in tfoultry; without amendment (Rept. No. 1613). Referred to the Committee of the Whole House on the state of the Union. '

Mr. McSWAIN: Comruittee on Military Affairs. S. 3752. An act to amend section 3 of an act entitled "An act authorizing the use for permanent construction at military posts of the

proceeds from the sale of surplus War Department. real prop­erty, and authorizing the sale of certain military reservations, and for other purposes," approved March 12, 1926 ; witho.ut amendment (Rept. No. 1614). Referred to the Committee of the Whole House on the state of the Union.

1\Ir. SNELL: Committee on Rules. H. Res. 192. A resolu­tion providing for the copsideration of S. 3456, an act allowing the rank, pay, and allowances of a colonel, Medical Corps, United States .Army, to the medical officer assigned to duty as personal physician to the President; without amendment (Rept. No. 1618). Referred to the House Calendar.

Mr. SNELL: Committee on Rules. H. Res. 193. A re olu­tion providing for the consideration of S. J. Res. 129, a joint resolution to provide for eradication of _pink bollworm and authorizing an appropriation therefor; without amendment (Rept. No. 1619). Referred to the House Calendar.

REPORTS OF COl\fMITTEES ON PRIVATE BILLS A....~D RESOLUTIONS

Under clause 2 of Rule XIII, Mr. SINCLAIR: Committee on War Claims. H. R. 4387.

A bill for the relief of Ida E. Godfrey; with amendment (Rept. No. 1590). Referred to the Committee of the Whole House.

Mr. PEAVEY: Committee on War Claims. H. R. 7492. A bill for the relief of Capt. Louis C. Brinton ; with amendment (Rept. No. 1591). Referred to the Committee of the Whole House.

Mr. SINCLAIR: Committee on War Claims. H. R. 11239. A bill for the relief of H. W. Dickson and Mary L. Dickson; with­out amendment (Rept. No. 1592). Referred to the Committee of the Whole House.

Mr. LOWREY: Committee on War Claims. H. R. 11607. A bill for the 1·elief of Capt. Roger H. Young; with amendment ,(Rept. No. 1593). Referred to the Committee of the Whole. House.

:Mr. SINCLAIR: Committee on War Claims. H. R. 12793. A bill for the relief of Alonzo Durward Allen ; with amendment ( Rept. No. 1594). Referred to the Committee of -the Whole Hous~ .

Mr. LOWREY: Committee on War Claims. S. 1486. An act for the relief of tlle owners of the schooner Addis-on E. Bullard; with amendment (Rept. No. 1595). Referred to the Committee of the Whole House.

Mr. CRAIL: Committee on World War Veterans' Legislation. H. R. 10974. A bill for the relief of Carl Holm; without amend­ment ( Rept. No. 1596) . Referred to the Co mini ttee of the Whole House.

Mr. BURDICK: Committee on Naval Affairs. H. R. 8464. A bill for the relief of Raymond Nelson Hickman; with -amend­ment ( Rept. No. 1597). Referred to the Committee of the Whole House.

Mr.. GARRETT of Texas: Committee on Military Affairs. H. R. 1539. A bill for the relief of Edward J. Costello; with amendment (Rept. No. 1602). Referred to the Committee of the Whole House.

J.\.Ir. McSW ..A.IN: Committee on Military Affairs. H. R~ 12834. A bill to correct the military record of James W. Smith; without amendment (Rept. No. 1603). Referred to the Com­mittee of the Whole House.

Mr. BURDICK: Committee on Naval Affairs. H. R. 4264. A bill for the .relief of Philip V. Sullivan ; with amendment (Rept. ~ No. 1615). Referred to the Committee of the Whole House.

Mr. RANSLEY: Committee on Military Affairs. H. R. 8597. A bill for the relief of Ernest L. Silvers ; without amendment (Rept. No. 1616). Referred to the Committee of the Whole House.

Mr. McSWAIN : Committee on Military Affairs. H. R. 13260. A bill for the relief of Josiah Harden; with amt;!ndment (Rept. 1617). Referred to the Committee of the Whole House.

CHANGE OF REFERENCE Under clause 2 of Rule XXII, committees were di charged

from the consideration of the following bills, which were referreci as follows :

A bill (H. R. 2432) for the adjudication and determination of the claims arising under the extension by the Commi sioner of Patents of the patent granted to Frederick G. Ransford and Peter Low, as a signee of Marcu P. Norton, No. 25036, August 9, 1859; Committee on the Post Office and Post Roads discha'r"ged, and referred to the Committee on Claims.

A bill (H. R. 7959) for the adjudication and determination of the claims arising under the extension by the Commi sioner of Patents of the patent granted to Frederick G. Ransford and Peter L-ow, as as.signees of Marcus P. Norton, No. 25036,

1928 CONGRESSIONAL RECORD-- HOUSE August 9, 1859 ; Committee on tlie Post Office and Post Roads discharged, and referred to the Committee on Claims.

A bill (H. R. 11162) granting a pension to Abel T. Rohbach; Committee on Pensions di charged, and referred to the Com­mittee on Invalid Pensions.

A bill (H. R. 13329) granting a pension to Fannie M. Fisher; Committee on Pensions discharged, and referred to the Com­mittee on Invalid Pensions.

A bill (H. R. 13486) granting an increase of pension to Samantha Coburn; Committee on Invalid Pensions dL..·~charged, and referred to the Committee on Pensions.

PUBLIC BILLS AND RESOLUTIONS Under clause 3 of Rule XXII, public bills and resolutions

were introduced and severally referred as follows: By Mr. BRITTEN: A bill (H. R. 13682) to provide ammu­

nition storage facilities for the Navy; to the Committee on Naval Affairs.

Also, a bill (H. R. 13683) to regulate the distribution and promotion of commis ioned officers of the line of the Navy, and for other purposes; to the Committee on Naval Affairs.

By Mr. CONNERY: A bill (H. R. 13684) for the construction of a private conduit across Thirty-seventh Street NW., in the District of Columbia ; to the Committee on the District of Columbia.

By Mr. DARROW: A bill (H. R. 13685) to regulate the dis­tribution and promotion of commissioned officers of the Marine Corps, and for other purposes; to the Committee on Naval Affairs.

By Mr. HUDSON: A bill (H. R. 13686) to protect the motion­picture industry against unfair trade practices and monopoly, to provide ju t settlement of complaints of unfair dealings, to provide for the manufacture of wholesome motion pictures at the sources of production, to create a Federal motion-picture commission, to define its powers, and for other purposes ; to the Committee on Interstate and Foreign Commerce.

By Mr. WILSON of Louisiana: A bill (H. R. 13687) author­izing II. l\f. Wheeler, his heirs, legal representatives, and assigns, to construct, maintain, and operate a bridge across the Black River at or near Jonesville, La.; to the Committee on Interstate and Foreign Commerce.

By Mr. HILL of Washington: A bill (H. R. 13688) to au­thorize the Secretary of the Interior to extend the date of paym nts of accrued obligations under contracts with purchasers of Indian lands within the boundaries of the West Okanogan Valley irrigation district, Washington; to the Committee on Indian Affairs.

By Mr. DRIVER: A bill (H. R. 13689) granting the consent of Congress to the State of Arkansas through its State highway department, to construct, maintain, and operate a toll bridge across White River at or near Augusta, Ark. ; to the Committee on Interstate and Foreign Commerce.

By Mr. O'BRIEN: A bill (H. R. 13690) to widen, straighten, grade, and improve Seventeenth Street NW., extending from Newton Street north, known as Roosevelt entrance to Rock Creek Park ; to the Committee on the District of Columbia.

By Mr. BRITTEN: A bill: (H. R. 13691) relating to the Virgil Michael Brand collection of coins ; to the Committee on the Library.

By l\Ir. HAWLEY: A bill (H. R. 13692) for the relief of the Coos (Kowes) Bay, Lower Umpqua (Kalawatset), and Siuslaw Tribes of Indians, and for other purposes ; to the Committee on Indian Affairs.

By Mr. DREWRY: A bill (H. R. 13693) to authorize the Sec­retary of War to transfer a portion of the Camp Lee Military Reservation to the Petersburg National Military Park; to the Committee on Military Affairs.

By Mr. THATCHER: A bill (H. R. 13694) to authorize the Secretary of the Treasury to prepare and strike a medal, with appropriate emblems, devices, and in criptions thereon, com­memorative of the enactment of the act of Congress, approved by the President on May 25, 1926, providing for the establish­ment, in the State of Kentucky, of the Mammoth Cave National Park ; to the Committee on Coinage, Weights, and Measures.

By Mr. MORIN: Joint resolution (H. J. Res. 300) authorizing the Secretary of War to receive, for instruction at the United States :Military Academy at West Point, Jose J. Jimenez, a citi­zen of Venezuela; to the Committee on Military Affairs.

By Mr. EVANS of California: Joint resolution (H. J. Res. 301) to correct Public Resolution No.19, Seventieth Congress; to the Committee on Ways and Mea'llS.

By Mr. HAUGEN: Resolution (H. Res. 191) for the consid­eration · of H. R. 13646, a bill for the prevention and removal of obstructions and burdens upon interstate commerce in cotton by regulating transactions on ccitton futures exchanges, and for other purposes ; to the Coffi!ll.ittee on Rules.

I By Mr. O'CONNOR of New York: Resolution (H. Res~ 194)'1,

authorizing the Committee on the Judiciary to investigate the ' practices of the Interborough RBpid Transit Co., of New York ; City, N.Y.; to the Committee on Rules.

By Mr. HAWLEY: Resolution (H. Res. 195) to print the ' manuscript Income Tax in Great Britain, Including a Descrip-' tion of Certain Other Inland Revenue Taxes, as a House Docu-ment; to the Committee on· Printing. 1

PRIVATE BILLS Al-."D RESOLUTIONS Under clause 1 of Rule XXII, private bills and resolutions

were introduced and severally referred as follows: By Mr. FITZPATRICK: A bill (H. R. 13695) granting a

pension to John H. Johnston; to the Committee on Invalid · Pensions. 1 By Mr. FULMER: A bill (H. R. 13696) granting a pension to 1

Jesse H. Hutto ; to the Committee on Pensions. By 1\lr. HAUGEN: A bill (H. R. 13697) fqr the relief of

Jess T. Fears; to the Committee on Agriculture. By Mr. HILL of Washington: A bill (H. R. 13698) granting

a pension to Elmer EJ. Hall; to the Committee on Pensions. Also, a bill (H. R. 13699) for the relief of H. E. Mills ; to '

the Committee on Claims. ' By Mr. JENKINS: A bill (H. R. 13700) granting an increase

of pension to Elvira J. Ellison; to the Committee on Invalid Pensions.

By 1\fr. NEWTON: A bill (H. R. 13701) fo! the relief of Howard A. Jussell ; to the Committee on War Claims.

By Mr. SOMERS of New York: A bill (H. R. 13702) for the ~;elief of Edna B. Erskine; to the Committee on Claims.

By Mr. STALKER: A bill (H. R. 13703) granting a pension to Nettie L. Converse; to the Committee on Pensions. - 1

By Mr. TINKHAM: A bill (H. R. 13704) for the relief of Peter Joseph Sliney ; to the Committee on Naval Affair~. --

PETITIONS, ETC. Under clause 1 of Rule XXII, petitions and papers were laid

on the Clerk's desk and referred as follows : 7567. By Mr. GARBER: Petition of Felix Z. Wilson, chair­

man of the Tennessee Division of the Traveler's Protective As­sociation of Nashville, Tenn. in su])port of House bill 5588; to the Committee on Interstate and Foreign Commerce.

7568. Also, petition of Osage County Bar Association by the president, Charles R. Gray, and the secretary, William M. Taylor, in opposition to Hou e bill 13407; to the Committee on Naval Affairs.

7569. Also, petition of Bureau of Legal Medicine and Legisla­tion, American 1\fedical Association:, Chicago, ill., in opposition to the passage of section 432 of House bill 1, as reported by the Senate Committee on Finance, 1\Iay 1, 1928 ; to the Committee on Ways and 1\Ieans.

7570. Also, petition of H. P. Randall, of Enid, Okla., treasurer of the Oklahoma Rural Letter Carrier's Association, in regard to House bill 25 ; to the Committee on the Civil Service. .

7571. Also, petition of Mrs. C. E. Herrick, historian, American Legion· Auxiliary, Guthrie, Okla., in support of the universal draft bill, and others; to the Committee on Military Affairs.

7572. By Mr. HUDSPETH: Resolution of Hamilto.n Fish Camp, No. 2, department of Texas, Spanish War .Veterans, that House joint resolution, prohibiting sale of arms and munitions of war by our citizens to belligerent nations, should be defeated; to the Committee on Foreign Affair s.

7573. By 1\Ir. JENKINS: Petition signed by 26 voters of Ironton, Ohio, urging that immediate steps be taken to bring to a vote a Civil War pension bill for the relief of veterans and widows of veterans; to the Committee on Invalid Pensions.

7574. By Mr. LUCE: Petition from the New England Chapter. the Quartermaster Association, Boston, Mass., opposing Senate bill 1752 ; to the Committee on the Post Office and Post Roads.

7575. By Mr. O'BRIEN: Petition of the citizens of Clarks­burg, W. Va., protesting against the passage of House bill 78, or any bill enforcing the observance of the Sabbath, or adopt any resolution or bill that will in any way give preference to one religion above another ; to the Committee on the District of Columbia.

7576. By Mr. O'CONNELL: Petition of William P. Schohl, New York State commander, the American Legion, favoring the passage of the Tyson-Fitzgerald bill (S. 777) without amendments; to the Committee on World War Veterans' Legis­lation.

7577. Also; petition of the American Motorists Association, Washington, D. C., favoring tlie passage ·of House bill 13323; to tlie Comniittee on Roads.

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8480 CONGRESSIONAL RECORD-SENATE· MAY 12 · "7578. Also," petition of Brooklyn Chapter o:t Reserve Officers

Association. favoring the passage of House bill 11683; to the Committee on Military Affairs.

7579. By 1\Ir. PRATT: Petition of officers and members of the Woman's Christian Temperance Union of Hudson, Colum­bia County, N. Y., urging favorable action on the Sproul and Jones-Stalker bills; to the Committee on the Judiciary.

7580. By Mr. SWING: Petition of residents of National City, Calif., in behalf -of veterans and -widows of veterans of the Civil War; to the Committee on Invalid Pensions.

SENATE SATURDAY, May 1~, 19~

(Legis~ative daly of Thursday,_ May 3, 1928)

The Senate reassembled at 12 o'clock meridian, on the expira­tion of the recess.

The VICE PRESIDENT. The Senate will receive a message from the House of Representatives.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee, one of its clerks, announced that the House had passed without amendment the bill ( S. 777) making eligible for retirement, under certairr conditions, officers and former officers of the Army, Navy, and Marine Corps of the United States, other than office1-s of the Regular Army, Navy, or Marine Corps, who incurred physical disability in line of duty while in the service of the United States during the World War.

The message also announced that the House had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 710) confer1ing jurisdiction upon the Court of Claims to hear, adjudicate, and render judgment in claims which the Northwestern Bands of Shoshone Indians may have against the United States.

The mes age further announced that the House had passed the- joint resolution (S. J. Res. 82) providing for the erection of a public historical museum on the site of Fort Defiance, Defiance, Ohio, with am.endmentst in which it requested the concurrence of the Senate.

The message also announced that the House had passed a bill (H. R. 13511) granting pensions and increase of pensions to certain soldiers and sailors of the Civil War and certain widows and dependent children of. soldiers and sailors of said war, in which it requested the concm-rence of the Senate.

ENROLLED BILLS AND JOINT RESOLUTION SIGNED

The message further announced that the Speaker had affixed his signature to the following enrolled bills and joint resolution, and they were sign~ by the Vice President:

H. R. 15. An act authorizing an appropriation to enable the Secretary of the Interior to carry out the provisions of the act of May 26, 1926 ( 44 Stat. L. 655), to make additions to the Absaroka and Gallatin National Forests, and to improve and e.l..'t.end the winter-feed facilities of the elk, antelope, and of.her game animals of Yellowstone National Park and adjacent land;

H .. R. 158. An act to amend chapter 137 of volume 39 of the United States Statutes at Large, Sixty-fourth Congress, first session;

H. R. 167. Ail act to amend the act of February 12, 1925 (PubUc, No. 402, 68th Cong.), so as to permit the Cowlitz Tribe of Indians to file suit in the Court of Claims under said act;

H. R. 332. An act validating homestead entry of Englebard Sperstad for certain public land in Alaska ;

H. R. 491. An act authorizing the attorney general of the State of California to bring suit in the Court of Claims on behalf of the Indians of California ;

H. R. 3467. An act for the relief of Giles Gordon ; H. R. 4303. An act for the relief of the Smith Tablet Co., of

Holyoke, Mass. ; H. R. 4396. An act for the relief of JesseR. Shivers; H. R. 4619. An act for the relief of E. A. Clatterbuck; H. R. 4927. An act for the relief of Francis Sweeney; H. R. 5297. An act for the relief of Christine Brenzinger; H. R. 5681. An act to provide a differential in pay for night

work in the Postal Service; . H. R. 5935. An act for the relief of the McAteer Shipbuilding Co. (Inc.) ; ,

H. R. 7459 . .An act to authorize the appropriation for use b-y the Secretary of Agriculture of certain funds for wool stand­ards, and for other purposes ; . H. R. 7900. An act granting allowances for rent, fuel, light, and equipment to postmasters of the fourth class, and for other purposes;

R R. 794..6. An act to repeal an act entitled 11An act to extend the provisions of the homestead laws to certain lands in the. Yellowstone forest reserve," approved March 15, 1906 ·

H. R.. 8001. An act conferring jurisdiction upon certain courts of the United States to bear and determine the claim by the owner of the steamship Ofitu of Beaumont against the United States, and for other pm·poses;

H. R. 8307. An act amending section 5 of the act approved June 9, 1916 (39 Stat. L_ 218), so as to authorize the sale of timber on. Class 3 of the Oregon & California Railroad and Coos Bay wagon-road grant lands; '

H. R. 8337. An a~t to amend the- air mail act of February 2, · 1925, as amended by the act of June 3. 1926;

H. R. 8474. An act for the relief of Elmer J. Nead; H. R. 8810. An act for the relief of John L. Nightingale ; H. R. 9568. An act to authorize the purchase at private sale

of a tract of land in Louisiana, and for other purp·oses ; H. R. 9612. An act authorizing and directing the Secretary

of the Interior to allow Norman P. Ives, jr., credit on other lands for compliances made in homestead entry, Gainesville, 021032;

H. R. 9789. An act for the relief of Sallie E. 1\IcQueen and Janie McQueen Parker;

H. R. 10067. An act for the relief of Marion Banta ; H. R. 10360. An act to confer additional jurisdiction upon the

Court of Claims under an act entitled "An act authorizing the Chippewa Indians of Minnesota to submit claims to the Court of Claims," approved May 14, 1926; .

H. R. 10799. An act for the lease of land and the erection of a post office at Philippi, W.Va .• and for other purposes;

H. R. 11245. An act to cancel certain notes of the Panama Railroad Co. held by the Treasurer of the United States;

H. R.11475. An act to revise and codify the laws of the Canal Zone;

H. R.11716. An act authorizing and directing the Secretary of the Interior to issue patents to Ethel L. Saunders, and for

1 other purposes ; H.. R.11852. An act providing for the confu·mation of grant

of lands formerly the United States barracks at Baton Rouge, . La., to the board of supervisors of the Louisiana State Univer­. sity and Agricultural ai;J.d Mechanical College;

H. R. 11.960. An act for the relief of D. George Shorten ; H. R.12049. An act to authorize the Secretary of the Interior

to sell toW. H. Walker, Ruth T. Walker, and Queen E. Walker, upon the payment of $1.25 per acre, the southeast quarter sec­

, tion 34, township 2 north, range 14 eas~ Choctaw melidian, Clarke County, :Miss. ;

H. R.12379. An act granting the consent of Congress to How­ard Seabury to construct, maintain, and operate a dam to retain tidal waters in an unnamed cove which is situated and extends from Cases Inlet into section 28, township 21 north~ range 1 west, Willamette meridian, in Pierce County, State of "\Y ash­ington;

H. R. 1238-'3. An act to amend section 11 of an act approved Februru.·y 28, 1925 (43 Sta,t. 1064, U. S. C., title 39), granting sick leave to employees in the Postal Service, and for other purposes; and

H. J. Res. 256. Joint resolution authorizing the United State Bureau of Public Roads to make a survey of the uncompleted bridges of the Oversea Highway from Key West to the main­land, in the State of Florida, with a view of obtaining the cost of the construction of said bridges. and report their find­ings to Congress.

CALL OF THE BOLL

Mr. SMOOT. Mr. President, I suggest the absence of a quorum.

The VICE PRESIDENT. The clerk will call the l'Oll.

The legislative clerk called the roll. and ators an~wered to their names : Ashurst Edwards La Follette Barkley Fletcher !.ocher-Bayard Frazier McLE.>an Bingham George McMaster Black Gerry McNary Blaine Glllett Mayfield Blease GGff Most'S Borah Gould Neely Bratton Greene Norbeck

. Brookhart Hale Norris · Broussard Hru·ris Nye Bruce Hal~rison Oddie-Capper Hawes OV'erman Caraway Hayden Ph]pps Copeland Heflin Pine Couzens Howell Pittman Cmtis J"ohnson Ransdell Cutting J"ones · Reed, Mo. Dale Kendrick Robinson, Ind. Deneen Keyes Sackett DiU King Schall

the following Sen- ·

Sheppard Ship stead Shortridge Simmons Smoot Steck Steiwe.r Stephens Swanson Thomas Tydings Vandenberg Wagner Walsh, Mass. Walsh, Mont Warren Waterman Watson Wheeler