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1148 CONGRESSIONAL RECORD-SENATE FEBRUARY 14 I prerequisite to voting in a primary or other election for national officers; to the Committee on House Administration.
By Mr. KARSTEN: H. R. 2615. A bill to amend the Armed
Forces Leave Act of 1946 to provide that payments be made to survivors for unused leave e.ccumulated by members of the armed forces before their death in service; to the Committee on Armed Services.
By Mr. LANHAM: . H. R. 2616. A bill to provide for the issu
ance of a special postage stamp in honor of Alice McLellan Birney; to the Committee on Post Office and Civil Service.
H. R. 2,617. A bill to authorize Federal aid to school districts overburdened with warincurred or defense-incurred school enrollments for the construction of additional school facilities; to the Committee on Education and Labor.
By Mr. MILLS: H. R. 2618. A bill to amend subparagraphs
(a) and (d) of paragraph 1 of part III of Veterans Regulation 1 (a), as amended; to the Committee on Veterans' Affairs.
By Mr. MURRAY of Tennessee: H. R. 2619. A bill to extend the benefits of
the annual- and sick-leave laws to part-time employees on ·regular tours of duty and to validate payments heretofore made for leave on account of services of such employees; to the Committee on Post Office and Civil Service.
By Mr. MORRIS: H. R. 2620. A bill providing a direct Fed
eral old-age pension at the rate of $60 per month to certain citizens 60 years of age or over; to the Committee on Ways and Means.
By Mr. SHEPPARD: . H. R. 2621. A bill to amend sections 555
and 556, part 4, Title IV, Administrative Provisions, Tariff Act of 1930; to the Committee on Ways and Means.
By Mr. WAGNER: . H. R. 2622. A bill to amend the act of July
31, 1947, with respect to .the maintenance of actions to recover possession of publicly operated housing accommodations; to the Committee on Banking and Currency.
By Mr. WALSH: H. R. 2623. A bill to promote the orderly
and fair marketing of essential foods in commerce; to prevent confusion, fraud, and deception in commerce; and to prohibit practices which burden, obstruct, or atrect commerce, the free flow of goods in commerce, or the production of goods for commerce, and for other purposes; to the Committee on Agriculture.
H. R. 2624. A bill to amend the Commodity Exchange Act, as amended, to grant the Secretary of Agriculture authority to regulate margin requirements with respect to speculative transactions in commodity futures on
' commodity exchanges; to the Committee on ' Agriculture.
By Mr. WHITTINGTON: . H. R. 2625. A bill to authorize the con
struction of an office building at Suitland, Md.; to the Committee on Public Works.
H. R. 2626. A bill to amend Public Law 633 of the Eightieth Congress, authorizing the construction of a building for the General Accounting Office on square 518 in the District of Columbia; to the Committee on Public. Works.
By Mr. BARTLE'IT: H. Con. Res. 37. Concurrent resolution au
thorizing the Committee on Public Lands of the House of Representatives to have printed for its use additional copies of certain hearings with respect to Alaska; to the Committee on House Administration.
By Mr. VINSON: H. Res. 98. Resolution making H. R. 1437,
a bill to authorize the composition of the Army of the United States and the Air Force of the United States, and for other purposes, special order of business; to the Committee on Rules.
MEMORIALS
Under clause 3 of rule XXII, memorials were presented and referred as follows:
By the SPEAKER: Memorial of the Legislature of the State of South Dakota, memorializing the President and the Congress of the United States for the consideration of their Senate Concurrent Resolution 1, recommending that the Congress of the United States amend the Gold Reserve Act of 1934 to permit gold producers of the United States and Alaska to sell their gold in the markets of the world; to the Committee on Banking and Currency.
PRIVATE BILLS AND RESOLUTIONS
Under clause 1 of rule XXII, private bitls and resolutions were introduced and severally referred as follows:
By Mr. ADDONIZIO: H. R. 2627. A bill for the relief of Michael
Sisto; to the Committee on the Judiciary. By Mr. BLAND:
H. R. 2628. A bill for the relief of Auldon Albert Aiken; to the Committee on the Ju-diciary. ·
By Mr. CELLER: H. R~2629. A blll for the relief of John P.
Kremenezky; to the Committee on the Judiciary.
By Mr. HERLONG; H. R. 2630. A bill to amend the act en
titled "An act for the relief of Gabel Construction Co.," approved July 2, 1948; to t~e Committee on the Judiciary.
By Mr. WILLIAM L. PFEIFFER: H. R. 2631, A blll to authorize the cancella
tion of deportation in the case of Frank Grimaldi; to the Committee on the Judiciary.
PETITIONS, ETC
Under clause 1 of rule XXII, petitions and papers were laid on the Clerk's desk and referred as follows:
57. By Mr. HOLMES: Petition of unlicensed crew members of the steamship Azalea City, New York, N. Y., containing 33 signatures, protesting Paul Hoffman's proposal to ship ECA bulk cargoes in foreign ships; to the Committee on Foreign A11airs.
58. By the SPEAKER: Petition of 'M. J. Dineen, Jr., city clerk, Omaha, Nebr., petitioning consideration of his resolution asking that the Congress pass. thP. resolution now pending in Congress, which would establish the General Pulaski Memorial Day; to the Committee on the Judiciary.
69. Also, petition of Mrs. Loretta Joyce, secretary, Irish-American Unified Society, Yonkers, N. Y., petitioning consideration of their resolution requesting the House af Representatives of the Congress of the United States to continue the House Un-American Activities Committee; to the Committee on Rules.
60. By Mr. HOLMES: Petition of Rainier Auxiliary to Post No. 2289, Veterans of Foreign Wars of the United States, Seattle, Wash., containing 28 signatures, urging passage of H. R. 1693; to the Committee on :Veterans' A11airs.
SENATE MoNDAY, FEBRUARY 14, 1949
The Chaplain, Rev. Frederick Brown Harris, D. D., otiered the following prayer:
Our Father God, midst all the traffic of our busy ways we are grateful for this noontide sanctuar~ of the spir~t. Be
to us a quickening presence, a sustaining power, a refuge from the confusion and tumult of our times. Direct us now to the sources of moral energy, so that Thy completeness may be linked to the limitations of our unaided strength.
We pray for the President and for the Congress, and for all in every land who bear the responsibility of public office.
As we enter upon the tasks of' this week make us patient in argument, charitable in judgment, slow to wrath. As Thou givest us to see the right, make us strong to defend and maintain it, yet always seekers. after a durable peace with justice and freedom for all mankind. We ask it in the dear Redeemer's name. Amen.
THE JOURNAL
On request of Mr. MYERS, and by unanimous consent, the reading of the Journal of the proceedings of Thursday, February 10, 1949, was dispensed with, and the Journal was approved.
MESSAGES FROM THE PRESIDENT
Messages in writing from the President of the United States were communicated to the Senate by Mr. Miller, one of his secretaries.
EXECUTIVE COMMUNICA:r'~ONS, E~C.
The PRESIDENT pro tempore laid before the Senate the following letters, which were referred, as indicated: CONSTRUCTION OF EXPERIMENTAL -NON:PRO•
PELLED SEADROME OCEAN STATION BY CoAsT GUARD ' A letter from the Acting Secretary of the
Treasury, transmitting a draft of proposed legislation to a,uthorize the Coast G:uatd to construct an experimental nonpropelled seadrome ocean station (with an accompanying paper); to the Committee on Interstate and Foreign Commerce. AMENDMENT OF LAw RELATING TO ADDITIONAL
HOMESTEAD ENTRIES . - -A letter f!:om the Secretary of the .Interior,
transmitting a draft of · proposed legislation to amend section 2 of the act of April 28, 1904 (33 Stat. 527, 43 U.S. C., sec. 213), relating to additional homestead entries (with an accompanying paper); to the Committee ori Interior and Insular Affairs. REPORT AND FINDINGS ON INSTALLATION OF
ADDITIONAL GENERATING CAPACITY AT GRAND COULEE DAM
: A letter from the Secretary of the Interior, transmitting, pursuant to law, a report and findings on the feasibility of the installation of additional generating capacity (units R-7, R-8, and R-9) at Grand Coulee Dam, Columbia Basin project, Washington (with accompanying papers); to the Committee on Interior and Insular Affairs. REPORT ON WITHDRAWALS OF PUBLIC LANDS IN
CERTAIN CASES A letter from the Secretary of the Interior,
transmitting, pursuant to law, tabulations showing the withdrawals and restorations of public lands made during the period from January 1, 1948, through December 31, 1948 (with accompanying papers); to the Committee on Interior and Insular Mairs.
TRANSFER BY NAVY DEPARTMENT OF NAVAL !40TORBOAT BARGE
A letter from the Acting Secretary of the Navy, reporting, pursuant to law, that the central Atlantic area council of the national council of the Young Men's Christian Association, of Andover, N. J., had requested the Navy Department to transfer a motorboat barge for use by that council in traiping boys
1949 CONGRESSIONAL RECORD-SENATE 1149j at Camp Wawayanda, Andover, N.J.; to the Committee on Armed Services. TaANSFER OF POMONA STATION OF AGRICULTURE
REMOUNT SERVICE A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation to transfer the Pomona station of the Agriculture Remount Service, Department of Agriculture, at Pomona, Calif . . (with an accompanying paper); to the Committee on Agriculture and Forestry. REPORT OF NATIONAL PARK TRUST FUND BOARD : A letter from the secretary of the National
Park Trust Fund Board, transmitting, pursuant to law, a report of that Board for the fiscal year 1948 ' (with an accompanying report); to the Committee on Interior and Insular Affairs. FINAL FINANCIAL STATEMENT OF THE AMERICAN
· LEGION A letter from the director, national legis
li:ttive commission, the American Legion, transmitting, pursuant to law, the final financial statement of the Legion for the period ended December 31, 1948 (with accompanying papers); to the Committee on Finance. REPORTS OF COMMISSION ON ORGANIZATION OF
. EXECUTIVE BRANCH OF GOVERNMENT Four letters from the Chairman of the
Commission on Organization of the Executive Branch of the Government, transmitting, pursuant to law, reports of that Commission on Office of General Services-Supply Activities; the Federal Supply System (Appendix B); Records Management (Appendix C); and a detailecl report on the Federal Supply System (with accompanying reports); to the Committee on Expenditures in the Executive Departments.
PETITIONS AND MEMORIALS
Petitions, etc., were laid before the Senate, or presented, and referred as indicated:
By the PRESIDENT pro tempore: A concurrent resolution of the Legislature
of the State of Indiana; to the Committee on the Judiciary:
"House Concurrent Resolution 1 "Concurrent resolution memorializing the
Congress ot the United States to pass, and the President of the United States to approve, if passed, the General Pulaski's Memorial Day resolution now pending in Congress "Whereas a resolution providing for the
President of the United States of America to proclaim October 11 of each year as General Pulaski's Memorial Day for the observance and commemoration of the death of Brig. Gen. Casimir Pulaski, ls now pending in the present session of the United States Congress; and
"Whereas the 11th day of October 1779 is the date in American history of the heroic death of Brig. Gen. Casimir Pulaski, who died from wounds received on October 9, 1779, at the siege of Savannah, Ga.; and
"Whereas the States of Arkansas, California, Connecticut, Delaware, Illinois, Indiana, Kentucky, Louisiana, Maryland, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, Ohio, Pennsylvania, South Carollna, Tennessee, Texas, West Virginia, Wisconsin, and other States of the Union, through legislative enactment designated October 11 of each year as General Pulaski's Memorial Day; and
"Whereas it is fitting that the recurring anniversary of this day be commemorated with suitable patriotic and public exercises in observing and commemorating the heroic death of this great American hero of the Revolutionary War; and
"Whereas the Congress of the United States of America has by legislative enact-
ment designated October · 11, 1929, October 11, 1931, October 11, 1932, to October 11, 1946, to be General Pulaski's Memorial Day, in the United States of America: Therefore be it
"Resolved by the House of Representatives of the Ei ghty-siXth Indiana General Assembly (the senate concurring): · "SECTION 1. That we hereby memorialize
fl:ild petition the Congress of the United States to pass, and the President of the United States to approve, if passed, the General Pulaski's Memorial Day resolution now pending in the United States Congress.
"SEc. 2. That certified copies of this resolution, properly authenticated, be sent forthwith by the clerk of the house to the President of the United States, the Vice President of the United States, the Speaker of the House of · Representatives of the United States, and each of the United States Senators and Representatives from Indiana."
A concurrent resolution of the Legislature of the State of South Dakota; to the Committee on Banking and Currency:
"Senate Concurrent Resolution 1 "Whereas the prosperity of the State of
South Dakota is dependent primarily upon farm prices, nevertheless, it is recognized that successful and profitable operation of our gold mines, and particularly the Homestake Mine at Lead, S. Dak., is a vital factor in a well-rounded State economy; and
"Whereas while in the 1930's, gold mining was at a high level of prosperity and South Dakota farmers were suffering from the ravages of drought, grasshoppers, and low prices, now the situation is exactly reversed with an unprecedented high level of prosperity on the farms Of this State and a serious depression existing in the gold industry; and
"Whereas the zold-mining properties of t:'J.e United States and Alaska, and more particularly the gold properties within our State of South Dakota are confronted by tremendously increased wage and material costs and are unable to sell their products in the markets of the world, but are instead compelled to sell only to the United States Government at the inexorable fixed price of $35 an ounce as set forth in the Gold Reserve Act of 1934; and
"Whereas, for example, since 1934, wage costs have more than doubled and material costs have increased 70 percent at the great Homestake Mine at Lead, S. Dak., during which period of time, there has been no increase in the price of gold; and
"Whereas the gold-mining industry of the Nation is at the present time in a precarious state of depression with practically all · gold properties either abandoned, shut down, or with production vastly curtailed except for those mining companies which are fortunate enough to produce gold as a by-product to other metals such as sliver, lead, copper, or zinc; and
"Whereas the gold mines of South Dakota do not produce other metals, but are dependent solely upon their production of gold; and
"Whereas the gold mines 'of this State sustained enormous losses during the compulsory period of the shut-down during World Warn, and after reopening on July 1, 1945, have been confronted by declining profits and curtailed production;
"Whereas continuance of the gold-mining industry in the Black Hills, and particularly continuance of the operations conducted by the Homestake Mining Co. is of vital importance to the economic welfare of the State of South Dakota: Now, therefore, be it
"Resolved by the Senate of the State of South Dakota Legislature (the house of representatives concurring), That we do recommend that the Congress of the United States amend the Gold Reserve Act of 1934 to permit gold producers of the United States and Alaska to sell their gold in the markets of the worlcl by removing the present restric-
ttons that prevent our citizens from buying, I h<>lding, or selling gold either domestically or
1 1n the foreign market. · "We recommend that Congress provide for
tbe appointment of a commission or a com- 1
xilittee .to make a careful study of the relation of gold to the currency and its proper price in terms of dollars, and to formulate legislation to implement its findings."
Resolutions adopted by the Blue Star Mothers of America, at Detroit, Mich., relating to education, housing, etc.; to the Committee on Appropriations.
A memorial of sundry citizens of the State of New Hampshire, remonstrating against the enactment of legislation providing universal military training; to the Committee on Armed Services. · A resolution adopted by landlords of Indianapolis, Ind., protesting against the extension of rent control; to the Committee on Banking and Currency.
A resolution adopted by a conference of 400 civic leaders and representatives of many groups in Greenwich Village, N. ~ .• favoring the enactment of legislation extending the social-security law; to the Committee on Finance. • The memorial of Beatrice Masterson, of
Elmhurst, L. I., remonstrating against the persecutiO:J?. of Cardinal Mindszenty; to the Committee on Foreign Relations.
A letter in the nature of a petition from Mary McDowell, of Hawthorne, N. Y., relating to communism; to the Committee on Foreign Relations.
A resolution adopted by the San Carlos Tribal Council, San Carlos, Ariz., protesting against the expansion of the powers of the Phoenix regional office of the Indian Bureau at . the expense of the San Carlos Indians; to the Committee on Interior and Insular Affairs.
Resolutions adopted by the City Council of the City of Providence, R. I., the Common Council of the city of Kenosha, Wis.; and the commission of the city of Birmingham, Ala., favoring the enactment of legislation proclaiming October 11 of each year as General Pulaski's Memorial Day; to the Committee on the Judiciary.
A telegram in the nature of a petition, signed by E. Reed, executive secretary, Dental Laboratories Institute of America, Chicago, Ill., requesting hearings be held on Senate bill (S. 248) raising the minimum wage tQ 75 cents; to the Committee on Labor and Public Welfare. ·
A petition of sundry members of the Dorton (Ky.) Parent-Teachers' Association, relating to Federal aid to education; to the Committee on Labor and Public Welfare.
Petitions of members of the Dorton (Ky.) Parent-Teachers' Association, and teachers of the Evarts (Ky.) High School, relating to Federal aid to education; to the Committee on Labor and Public Welfare.
Petitions of sundry citizens of the United States favoring the enactment of legislation to repeal the Taft-Hartley labor law; to the Committee on Labor and Public Welfare.
Memorials of sundry citizens of the United States, remonstrating against the enactment of legislation to repeal the Taft-Hartley labor law; to the Committee on Labor and Public Welfare.
By Mr. McGRATH (for himself and Mr. GREEN):
A resolution of the General Assembly of the State of Rhode Island and Providence Plantations; to the Committee on Banking and currency: "Resolution requesting the Senators and Rep
resentatives from Rhode Island in the Congress of the United States to insist upon and work for the proper kind of Federal rent control legislation to prevent inflationary prices "Whereas the extraordinarily high cost of
living is making such inordt:r:~~! . demands ,
f1150 CONGRESSIONAL. RECORD.i...:.SEN·ATE FEBRUARY- il_-4· I
upon tlie family budget our citizens are find- ' 1ng great difficulty 1n 'making both ends · meet' economically; and
"\Vhereas·unless there is in force the proper kind of Federal rent control legislation infia'" · tionary prices will result inevitably: Now. therefore, be it · ·
"Resolved, That the Senators and Representatives from Rhode Island in the Congress of the United States be and they are hereby requested to use their efforts to be certain that there ~11 continue to be thE? proper
1 kind of Federal rent control legislation ~ order that our people xn_ay be protected by ~tatutory control from such inevitab)e _ris~ in rent prices; and be it further _ >
((Resolved, Tl).at; t~e secretary of state be. and he is hereby, authorized and directed to~
i transmit duly certified copies of th~s reso~\1-tion to· the Senators and .Representatives
· :trom Rhode Islw;~.d in the Congress of the :United States."
A resolution of the General Assembly of the State of Rhode Island and Providence Plantations; to the Committee on Finance:
}•Resolution requesting the Senators and · Representatives frottl. Rhode Island in the
Congress of the United States to use their~fforts to amend the Federal Social Security Act with the purpose of extending the coverage and the benefits now authorized by such legislation "Resolved, That the Senators and Repre
s.entatives from Rhode Island in the Congress pf the United States be·, and they are, hereby requested to use their efforts to amend theFederal Social Security Act with the purpose of extending the coverage and the benefits' pow authorized by such legislation; and be it further
((Resolved, That the secretary of state be, and he is hereby, authorized and directed to transmit duly certified copies of this resolution to the Senators and Representatives from Rhode Island in the Congress of the United'
' States." By Mr. MURRAY:
A resolution adopted by the House of :R;ep-
1
resen.tatives of the State of Montana, favoring the enactment of legislation appropri-.
I ating sufficient money for the immediate 1 construction of Yellow Tail Dam in Big Horn
1 County, Mont.; to thl;l Com~ittee on Ap-propriations.
. (~ee resolution printed in full when la~d befo~e_ t_he Sen_ate b)Z_ t~!il Vice __ Presiden_); ,on February 8, 1949 (p. 934, CoNGRESSIONAL RECORD.) .
A joint memorial of the Legislature of the State of Montana,; t_o the . Committ~e on.Ag-ric-qlture and _Forestry; . ·
. "House Joint Memorial 2 - ·
1 ''Joint memorial of the Senate and the House of Representatives of the State of Montana to the Congress of the United States;· the Honorable Charles F." Brannan, Secretary of Agriculture, Bon. J. A. Krug, Secretary of the Interior, Hon. James E. Murray; and the Honorable Zales N. Ecton, United States Senators from Montana, and the Honorable Mike Mansfield, and the Honorable Wesley A. D'Ewart, Representatives from Montana, for an act of Congress -or such other authority as may be necessary to allow veterans of World War II just con·cluded, to acquire submarginal lands from the Department of Agriculture or the De'partment of the Interior which have been acquired under an act of Congress dated June 29, ·1934, known as chapter 865 ( 48 Stat. 1265-1275) and an act of · Con-gress dated July 22, 1937, known as Chapter 517. title III, section 32 (50 Stat. 525-526)
I "Whereas under an act of Congtess dated ' June 29, 1934, known as chapter a65 ( 48 ' Stat. 1265-1275) and an act of Congress
dated July 22, 1937, known as chapter 517, title m, section 32 (50 Stat. 525-526), the ~cretary of Agriculture acquired enormous
acreages- of land· in Montana designate'd -as-· f~Ubmarginal lands to develop a program of land conservation and land utilization; and
"Whereas . a. considerable amount _pf this l!_nd was _acquired on Indian. reservations tsom the Secretary of the Interior, and a considerable amo.unt from individual la~d , owners in agricultural se_ctions of. the State c2f Montana. . ·Taking .this land f~om private owners:Pip h,as r.esulted in a distinct hardship . ~o the pqlitical subdivis~ons of the State of . Montana;
"Whereas it 1s the considered judgment of your memorializers that a great portion of the lands so acquired by the Secretary of ~griculture are not neces.Sarily submarginal lands but are good agricultural lands which may be -Utilized for agricultural purposes 1n Montana to good advantage; and
"Whereas veterans of World War II are unable to acquire agricultural lands in Mon .. tana, particularly those owned by the United States under the acts of Congress referred to above; and
"Whereas it would be of great advantage to. the people of Montana as well as to the veterans of World War II that such agricultural -veterans be afforded an opportunity of acquiring such lands: Now, therefore, be it
"Resolved by the house of representatives (the senate concurring), That the Montana Legislative Assembly urges the Congress of the United States to enact such legislation as shall enable veterans of World War II to ~quire agricultural lands owned by the 'United States Government, in economical units, or a part of an economical unit, under the submarginal program referred to above ~~ valuations deemed reasonable by the United States Government; be it further
"Resolved, That copies of this memorial be transmitted to the Honorable Charles F. Brannan, Secretary of · Agriculture, Hon. J. A. Krug, Secretary of the Interior, the Honorable James E. Murray, and the Honorable Zales N. Ecton, United States Senators from Montana, and the Honorable Mike Mansfield,. and the Honorable Wesley A. D'Ewart, Representatives from Montana."
A joint memorial of the Legislature of the State of Montana; to the Committee on Banking and Currency:
"House .Joint Memorial 5 "Joint memorial to the President of · the
United States, and to the Honorable JAMES E. MURRAY and the · Honorable ZALES N. ECToN, Senators from the State ·of Montana, and the Honorable MIKE MANSFIELD and the Honorable WESLEY A. D'EWART, Congressmen from the Stattl ·of Montana; for appropriate action to alleviate the shortage of tubular goods -and· steel necessary for the dev.elopment of Montana's oil and gas -resources, and for the end of discrimination against Montana.· by the shipment of steel and tubular goods to foreign countries for the development ofoil and gas ·resources in such foreign countries, and the end of the gray market in steel "Whereas there are vast undeveloped · oil
and gas resources as well as vast proven oil and gas fields in Montana; and ·
"Whereas during the past 3 years explorations for oil and gas in Montana have been seriously curtailed and hampered due to the difficulty, and sometimes impossibllity, of obtaining the casing and pipe necessary and required for such development · work ' in proven and wildcat oil areas; and
"Whereas this situation has resulted 1n what has been termed the gray market and exorbitant prices for steel tubular r:,oods; and
"Whereas the ratio of oil discoveries and development of new production has been in almost exact proportion to the amount of pipe and casing obtainable and used; and
"Whereas the steel industry is unable to furnish tubular goods in sufficient quantity to meet the needs and demands of Montana
producers· in the ordinary-' channels· of trade pecause of the desire of certain interests to I exploit f?reign oil resources at the expense . . Qf development within the borders of· tlie · 1
Vnited States, ~nd lla's pei'mitte'd ancf caused· the exportation of thousands of tons . of vital !;!teel for the use and development of the · on fields of Saudi Arabia and in other parts Qf the world outside of ·the borders of the United States; and ·
''Whereas the situation is retarding the ex- 1 plorations and development of Montana oil and gas resources: · Now, therefore, be it ·
"Resolved by the House of Representatives · of the Thirty-first Legislative Assembly of the State of Montana· (the senate concurring), That we respectfully urge the President of the United States and Montana's Representatives in the Congress of the United States to _ take appropriate action to remove any discrimination which may exist against 1
the oil operators of Montana, to the end that 1
an ade(Iuate supply of tubular goods ·be made available in the regular channels of ·I trade, and that conditions be corrected · 1
which retard the -exploration for oil end gas within the borders of the United States and the State of Montana, so that the gray mar- I
ket in steel will not be necessary or pos- 1
sible; be it further ttResolved, That copies of this resolution be
forwarded by the chief clerk of the house of representatives to the President of the United States, and to the Honorable JAM:Es F. MuRRAY and the Honorable ZALES N. ECToN, Sen-- 1
ators from Montana, and the Honorable MIKE MANSFIELD and the Honorable WESLEY A. D'EWART, Representatives in - Congress 1
from Montana." · A joint memorial ef the Legislature of ·the ;
State · of Montana; to the Committee on I Appropriations: · ''
"Senate Memorial 2 , , :- 1 "Whereas Yellowtail Dam site is located in '
Big Horn County in southeastern Montana, ' and Yellowtail Dam will be constructed across the Big Horn River, about three- ' fourths of a mile above the mouth of Big Horn Canyon-35 miles southwest of Hardin, Montana; and ·
"Whereas Big Horn Canyon is the passage .. way of the Big Horn River between the northern end of the Big Horn Mountains and the Pryor Mounta-ins-. For · more than 50. miles Yellowtail Reservoir will lie within tlle rugged, inaccessible canyon, the steep walls of which tower hundreds·-of. feet above the narrow and winding ri-ver bed, forming a natural damsite of unique splep.dor that will in future years provide Montana and. Wyoming with one, of the greatest 18.kere:creation areas in the Western Hemisphere; and - "Whereas the . United States Bureau · of.
Reclamation was authorized by section 9 of the Flood Control Act of 1944, as a part of the Missouri River Basin project to prepare preliminary surveys and ,construction of Yellowtail Dam; and _
"Whereas the Bureau of Reclamation has practically completed preconstruction work at the .site of Yellowtail Dam. Design speci .. fications for the dam and power plant have been started. Surveys have been made of the irrigable area, and transmission line location, and plans are ready or completed for construction of access roads, construction camp and other essential base work necessary before actual construction is undertaken; and
"Whereas Yellowtail Dam is being designed to provide for irrigation, hydroelectric power production, fiood control, silt retention, conservation of fish and wildlife, recreational development, and other related beneficial uses of value to all mankind; and
"Whereas construction of Yellowtail Dam will make possible the irrigation of 45,000 acres of new land along the Big Horn River from the Big Horn Canyon to approximately 10 miles north of the city of Hardin, and
1949 CONGRESSIONAL RECORD-SENATE 1151 supplemental irrigation water for large areas .now inadequately served will be also pro.,. vided. Because irrigation of lands along the Big Horn, Powder, and Yellowstone Rivers is dependent upon pumping, a source of lowcost power is a prerequisite. Construction of Yellowtail power plant will make possible the irrigation of many proposed and desirable projects along these three valuable but presently little utilized rivers; and
"Whereas construction of Yellowtail Dam offers a priceless solution for the equitable interstate use of the waters of the Big Horn by the creation of the Yellowtail Reservoir on the Montana-Wyoming State line; and · "Whereas power generating facilities to be constructed at the dam will have an installed capacity of at least 120,000 kilowatts, and will produce about 712,200,000 kilowatthours of electrical energy annually. The said power produced at Yellowt~il Dam will be used for irrigation pumping, and will serve as a part of the Bureau of Reclamation's power system constructed to provide power for construction of other developments and to supply surplus power to principal load centers to permit its use by new and old industries and residences of the area; and
"Whereas the Big Horn River is the greatest silt offender in the entire Yellowstone River system, retention of silt behind Yellowtail Dam will be of material benefit; and
"Whereas fish and wildlife resources will gain by the dam, fishing and hunting, as well as the many allied recreational opportunities that will follow will be of immense value to Montana and Wyoming; and
"Whereas Yellowtail Dam as planned will be a concrete arch-type structure towering some 499 feet above the river bed, and will have a · crest length of 1,480 feet, and will have a storage capacity of 1,366,000 acre-feet; and
"Whereas the construction of said Yellowtail Dam will attract new industries into southern Montana, and thereby be of great benefit to the entire State of Montana, as well as the entire Nation,- by supplying cheap electricity for industrial and home use, and this postwar period is . the time to develop such industries: Now, therefore, be it
"Resolved by the Senate of the State of Montana, That the . Congress· of . the· United ·States of America be respectfully urged· and r~quested to make sufficient funds available immediately for the construction of Yellowtail Dam in Big Horn County in southern
·Montana; be it further · "Resolved, That a copy of this memorial be
submitted by the secretary of state of the State of Montana to the Presiding Officers of both Houses of the National CongressALBEN BARKLEY and SAM RAYBURN-to the chairman of the Appropriations Committee of the House of Representatives in Washington, D. c., to the Commissioner of the Bureau of Reclamation, the Commissioner · of Bureau of Indian Affairs, the Secretary of the Interior, the Governor of the State of Wyoming, and the presiding officers of both Houses of the Wyoming State Legislature; and to each of the Senators and Representatives in the Congress of the United States from the States of Montana and Wyoming."
PROTEST OF TRIAL OF JOSEF CARDINAL MINDSZENTY-RESOLUTION OF WASHINGTON HOUSE OF REPRESENTATIVES
Mr. CAIN. Mr. President, I present a resolution adopted by the Washington State House of Representatives protesting the arrest, trial, conviction, and sentence of Josef Cardinal Mindszenty. I ask that the resolution be carried in full In the body of the · RECORD. I myself am in full accord with it. ·
The resolution was referred to the Committee on Foreign Relations, and
under the rule, ordered to be printed in the REcoRD, as follows: To the Honorable HARRY S. TRUMAN,
President of the United States: We, your memorialists, the House of Rep
resentatives of the State of Washington, in legislative session assembled, most respectfully represent and petition as follows:
Whereas the arrest, trial, conviction, and sentence of Josef Cardinal Mindszenty has shocked the conscience of all the peoples in all the Nations of the entire-Christian world; and
Whereas such occurrence shows the underlying spirit of the communistic attack on religion in all forms; and
Whereas the trial of Joseph Cardinal Mindszenty must be regarded as a forerunner of comparative trials against other branches of the Christian Church and other religions generally: · Now, therefore, be it
Resolved, That we, the House of Representatives of the State of Washington in legislative session assembled, do protest against such trial and do respectfully request your excellency to take every appropriate step to register a protest against the same by whatsoever means you may determine; and be it further
Resolved, That copies of this memorial be sent to the Honorable Harry S. Truman, President of the United States, and to each Member of Congress from the State of Washington.
RECLAMATION, IRRIGATION, AND POWER PROJECTS IN THE WEST
Mr. CAIN. Mr. President, I present for appropriate reference, and ask unanimous consent to have printed in the RECORD, a letter and resolut~ons from Herbert G. West, of \Valla Walla, Wash., executive vice president of the Inland Empire ·Waterways Association, whose ~embership embraces the entire Pacific Northwest. Mr. West's letter covers in detail the attached resolutions which were adopted by the association in regard to our great reclamation, irrigation, and power projects in the West.
There being no objection, the letter -and resolutions were referred to the Committee on Interior and Insular Affairs, and ordered to be printed in the RECORD, as follows: INLAND EMPIRE WATERWAYS AsSOCIATION,
Walla Walla, Wash., January 28, 1949. Hon. HARRY P. CAIN,
. Washington, D. C. DEAR SENATOR HARRY; The fifteenth annual
meeting of the waterways association, held in Lewiston, Idaho, on December 14 and 15, 1948, adopted many resolutions pertaining to the over.-all development program which I woulct like to discuss with you.
I am enclosing a copy of Resolution No. 1, pertaining to the recent press releases to the etJect that the Commission on Organization of the Executive Branch of the Government will recommend the creation of a new Department of Public Works that would assume jurisdiction over the civil functions of the Corps of Engineers. I do not believe it is necessary to elaborate on the resolution as I think it thoroughly covers the situation from our viewpoint. .
Resolution No. 2 relates to the review report of the Corps of Engineers in House Document No. 308. The members of our association feel that this comprehensive multiple-purpose report is very extensive and represents a carefully coordinated plan to provide for present and immediate future needs of the Columbia River Basin. We urge the adoption of this report by the Congress with such modifications from time to time as good judgment and planning may dictate.
Hearings . are being held by the Board of Army Engineers in the Pacific Northwest on this 1·equest, beginning in Spokane on January 31, in Seattle on February 1, in Portland, on February 2, and in Boise on February 4. When this report is submitted to the Congress we sincerely and respectfully urge your earnest consideration to introduce appropriate legislation seeking the authorization of the report as a guide for the multiple-purpose plan of development .of the Columbia River Basin within the United States.
Resolution No. 4 recognizes the serious shortage of hydroelectric power in the Northwest and urges a $3,000,000 suppl~menta.l appropriation to initiate construction of Ice Harbor Dam, the first dam in the series of four dams on the Snake River to channelize that river from the mouth to Lewiston, Idaho. This project will produce approximately 250,000 kilowatts of power besides being an aid to navigation, flood control, and irrigation in Franklin and Walla Walla Counties.
Resolution No. 5 merely reaffirms our position that the comprehensive development of the Columbia. and Snake Rivers for navigation remain undisturbed in the department of the Corps of Engineers for Rivers and Harbors, United States Army. We do respectfully request your watchfulness .on this subject and your support in behalf of its objectives.
Resolution No. 7 is urging your support in the authorization of The Dalles Dam and the high John Day Dam which will provide slack water navigation from the head of the Bonneville Pool to the foot of McNary Dam .. It is our understanding that these two projects have been favorably acted upon by the Corps of Engineers and the document should be before the Eighty-first Congress for consideration.
Resolution No.8 has been before the Congress and we believe that it is worthy of support of the Northwest congressional delegation in seeking the acquisition of the Hood River and Cascade Locks bridges across the Columbia River. These are now private toll bridges, but have been renovated and raised, due to the increased height of the Bonneville Pool, by the appropriation of money by the Congress. It is our feeling that toll bridges across the Columbia River definitely restrict free intercourse of travel and thus injure the economic welfare of the entire region. . We would sincerely appreciate your support of such legislation when introduced as we believe it to be of benefit to the entire 'Pacific Northwest.
Resolution No. 9 is one of the more important ones and can be classified as probably the most important looking to the future. This resolution requests Congress to appropriate a sum of $40,000,000 for the fiscal year of 1950 f9r McNary Dam construction. This ties in closely with Resolution No. 10, which respectfully requests the Congress to make available $10,000,000 for supplemental appropriation as early as practicable in order to hasten completion of the McNary Dam and to make power available not later than 1953. I do not believe it is necessary to enlarge upon these two resolutions. They speak for themselves. You are all very well familiar with the statements of private and public utility companies, as well as the Governors of the States of Oregon, Washington, and Idaho, the Grange, Farm Bureau, all farm cooperatives, and chambers of commerce, who are unanimous in the need of early completion of McNary Dam.
Resolution No. 11 relates to the regular appropriation in the amount of $12,000,000 for the fiscal year of 1950 for construction of Ice Harbor Dam, the first dam on the Snake River. As related before, planning and design of this dam is completed and contracts can be let immediately upon receipt of appropriation money. It is urged
1152 CONGRESSIONAL RECORD-SENATE FEBRUARY 14 that you support this legislation for the same reason that we should support legislation for McNary Dam and the beginning of Chief Joseph Dam.
Resolution No. 12 recognizes that the early completion of construction of the dams on the Snake River to provide slack·water navi· gation from the mouth to Lewiston, Idaho, is essential to the economic welfare of the interior of the Pacific Northwest. I therefore believe that it is appropriate to seek an appropriation of $600,000 in the 1950 fiscal budget to complete the advance planning and designing of Lower Monumental, Little Goose, and Lower Granite Dams in Oregon, Washington, and Idaho. Your support of this legislation is respectfully urged.
Resolution No. 15 we only wish to call to your attention at this time. This resolution provides for the change of names of the four dams on the Snake River. The names now employed (Ice Harbor Dam, Lower Monumental Dam, Little Goose Dam, Lower Granite Dam) have no meaning whatsoever other than names employed for navigation purposes. We are asking the State legislatures of Oregon, Washington, and Idaho to memorialize Congress to change these names as follows:
The first dam honoring the memory and work of Dr. Marcus Whitman and to be known as the Whitman Dam.
The second dam honoring the memory and work of Capt. Merriwether Lewis and to be known as the Lewis Dam.
The third dam honoring the memory and work of Capt. William Clark and to be known as the Clark Dam.
The fourth dam honoring the memory and work of the Reverend Henry Harmon Spalding and to be known as the Spalding Dam.
We thought that it was best to have the State legislatures memorialize Congress for these changes of names in order that it would eliminate any possible point of controversy in the Pacific Northwest.
Kind personal regards and best wishes. Sincerely,
HERBERT G. WEST, Executive Vice President.
Resolution 1 Now, therefore, be it resolved, The Inland
Empire Waterways Association, in regular session this 15th day of December 1948, at Lewiston, Idaho, in light of recent press releases to the effect that the Commission on Organization of the Executive Branch of the Government will recommend the creation of a new Department of Public Works that -would assume jurisdiction over the civil func--tions of the Corps of Engineers; this associa-·tion hereby makes known its una:p.imous and unequivocal opposition to any reorganization -proposal to transfer the ciyil functions of the Corps of Engineers to any other Federal agency, new or old. We firmly believe that the prosecution of navigation, flood control, and other civil works under the Corps of ·Engineers as prescribed by existing law is efticient; is economical to the Government; is conducted in a thoroughly decentralized manner, giving full voice to State and local groups; is thoroughly coordinated with all ·other interested agencies, both Federal and State, and is in the best interests of the people of the Nation. Furthermore we believe it would be disastrous to the security of the Nation to take from the officers of the Corps of Engineers, upon whom we depend in time of war, the essential experience and development gained by those officers in large-scale engineering and construction tasks in time of peace. It is, accordingly, further resolved that if and when legislation is introduced to carry out any recommendations of the Commission that this association urge the Congress with all its vigor to include in such legislation phraseology that will clearly exempt the transfer of the civil functions of the Corps of Engineers to any other agency.
· Resolution 2 Whereas the Inland Empire Waterways As·
sociation, in 1943, urged the adoption of a resolution by the Committee on Commerce, tJnlted States Senate, to order a review of-all reports and surveys by the Corps of Engineers, United States Army, with a view to formulating a definite development program embracing the Columbia River system as a future guide for the region; and
Whereas such a resolution. was adopted by the Committee on Commerce, United States Senate, the Corps of Engineers, United States ,fumy, immediately undertook the organization of such a review and survey by enlisting the cooperation and support of all Federal and State agencies in the Columbia River Basin; and
Whereas after 5 years of field and oftice surveys and reviews, the Corps of Engineers, North Pacific division, has developed a comprehensive and carefully coordinated plan to provide for the present and immediate future needs of the Columbia River Basin, also for later developments that will be needed as the region expands: Now, therefore, let it be
Resolved, That the Inland Empire Waterways Association, in regular meeting held in Lewiston, Idaho, this 15th day of December, 1948, does hereby adopt such comprehensive plan as the guide for the Inland Empire Waterways Association, with such modifications from time to time as good judgment and planning may dictate; be it further
Resolved, That the Inland Empire Waterway Association respectfully_ urges the Congress of the United States to immediately authorize the adoption of such comprehensive multiple-purpose plan of development tor the Columbia River Basin within the United States; be it further
Resolve~. That the Inland Empire Waterways Association respectfully urges the Congress of the United States to specifically designate existing Federal agencies as responsible for construction and planning as their respective existing responsib1llties aPpear in the over-all comprehensive multiplepurpose plan.
Resolution 4 Whereas the Pacific Northwest is experi
encing a serious shortage of electric power to meet the needs of an ever-increasing population and expansion of its industrial base; and
Whereas the construction of large hydroelectric projects require several years to com~te;and .
Whereas the planning and design of Ice Harbor Dam, Oregon, Washington, and IQ.aho, is for all practical purposes completed: Now therefore, be it
Resolved, That this association respectfully urge the Congress of the United States to appropriate a sum of $3,000,000 by supplemental appropriation in order to initiate construction of Ice _Harbor Dam at once.
Resolution 5 Now, therefore, be it resolved, That the
Inland Empire Waterways Association, 1n regular meeting held in Lewiston, Idaho, this 15th day of December 1948, does hereby reaftirm its position that the comprehensive development of the Columbia and Snake Rivers for navigation remain undisturbed in the Department of the Corps of Engineers for Rivers and Harbors, United States Army.
Resolution 7 Resolved, In view of the surveys and re
port on the construction of the Dalles Dam and the High John Day Dam having been favorably submitted by the North Pacific Division, Corps of Engineers, United States Army, the Inland Empire Waterways Asso· ciation respectfully requests the_ Congress of the United States to· authorize these two projects thus completing the authorization of the slack water navigation program from
the head of the Bonneville pool to Lewiston, Idaho, as contained in House Document 704, Seventy-fifth Congress, third session, Columbia and Snake Rivers, Oreg., Wash., and Idaho.
Resolution 8 Be it resolved on this 15th day of December
1948 duri.ng the fifteenth annual meeting of the Inland Empire Waterways Association, That the ofticers of this association continue their efforts in support of the legislation in .Congress leading toward the acquisition of the Hood River and Cascade Locks (Wauna Toll Bridge Co.) bridges by the Federal Government for toll-free operations; the . construction of all structures of a like kind hereafter with the cooperation of the Federal Government and the highway departments of the States of Oregon, Washington, and Idaho; and toward the maintaining of all such structures as free bridges.
Resolution 9 Resolved, In order to complete construc
tion of McNary Dam and delivery of power by 1953, it is essentia:l that appropriations be increased for the fiscal year 1950. Therefore, the Inland Empire Waterways Association respectfully requeats the Congress of the United States to appropriate for the fiscal year 1950 the sum of $40,000,000 for McNary Dam construction.
Resolution 10 Resolved, That a definite power shortage
exists in the Pacific Northwest, attested to by both pubH ~ and private power interests. The urgent need of power from McNary Dam at the earliest possible date is essential to the national welfare and security. Therefore, the Inland Empire Waterways Association respectfully requests the Congress of the United States to make available $10,000,000 by supplemental appropriation . as early as practicable in order to hasten the completion of McNary Dam, thus to make power available not later than 1953 . .
Resolution 11 Resolved, The advance planning and de
sign of Ice Harbor Dam, Oregon, Washington, and Idaho, the first in a series of four -dams on the Snake River to provide slack water na'lllgatlon from the mouth to Lewiston, Idaho, is for all practical purposes completed. Therefore, the Inland Empire Waterways Association does respectfully :request the Congress of the United States to appropriate the sum of $12,000,000 for the fiscal year 1950 to begin construction of Ice Harbor Dam.
Resolution 12 Resolved, The early completion of con
struction of the dams on the Snake River to provide slack water navigation from the mouth to Lewiston, Idaho, is essential to the economic welfare of the interior of the Pacific Northwest. Therefore, thfl Inland Empire Waterways Association does respectfully request the Congress of the United States to appropriate the sum of $600,000 in the 1950 Jiscal budget to complete the advance planning and design of Lower Monumental, Little Goose, and Lower Granite Dams, Oregon, Washington, and Idaho.
Resolution 15 Whereas the Corps of Engineers, Depart
ment of the Army, has favorably recommended the construction of a series of four locks and dams to provide slack water navigation from the mouth of the Snake River to Lewiston, Idaho; and
Whereas the site locations_ are, namely, Ice Harbor Dam, at mile 10.2 above the mouth of the Snake River: Lower Monumental Dam.
1949 · CONGRESSIONAL · RECORD-SENATE 1153 at mile 44.7; Little Goose Dam at mile 72,2; Lower Granite Dam, at mUe 113.1; and
Whereas the above-mentioned dams are enduring structures constructed for the wei~ fare and security of the citizens of the United States; and
Whereas certain names of eal"ly explorers and missionaries, are indelibly linked with the Snake River and honored and respected nationally: Now, therefore, be it
serving and commemorating the heroic death ' of this great American hero of the Revolutionary War; and
Whereas the Congress of the United States o! America. has by legislative enactment
, designated from October 11, 1929, to October 11, 1946, to be General Pulaski's Memorial Day in United States of America: Now, therefore, be it
ResolVed by the Common Council of the City of Lowell and. State of Massachusetts-
SECTION 1. That we hereby memorialize and petition the Congress of the United States to pass, and the President of the United . States to approve, if passed, the General Pulaski's Memorial Day resolution now pend· ing in the United States Congress.
SEC. 2. That certified copies of this resolution, properly authenticated, be sent forthwith to the President of the United States, the Vice President of the United States, and each of the United states Senatol"s 11.nd Representatives from Massachusetts.
Resolved, That the Inland Empire Waterways Association, In regular annual · neeting this 15th day of December 1948, in Lewlston. Idaho, does hereby respectfully memorialize the legislatures of the States of Oregon, Washington, and Idaho, to in turn memorialize the Congress of the United States of America to authorize and so legislate; so that the names of the dams hereinabove referred to be now named: dam at mile 10.2 above the mouth of the Snake River-Whitman Dam, honoring the memory ana work of Dr. Marcus Whitman; dam at mile 44.7 above the mouth· of the Snake River-Lewis Dam, honoring the memory . GENERAL PULASKI'S MEMORIAL DAY-and work of Capt. Merriwether Lewis; dam · RESOLUTION OF CITY COUNCIL OF at mile 72.2 above the mouth of the Snake OMAHA, NEBR. River-Clark Dam, honoring the memory Mr. WHERRY. Mr. President, I pre-and work of Capt. William Clark; dam at . . mile 113.1 above the mouth of the Snake sent 8: resolution adopted by the C1ty River-Spalding Dam, honoring the memory . · Council of Omaha, Nebr., and addressed and work of Rev. Henry Harmon Spalding; to the Congress. and be it further It urges the approval of pending legis-
Resolved, That each Member of the Con- lation directing the President to officially gress of the United States from the States of proclaim October 11 each year as a meOregon, Washington, and Idaho be respect- morial to Gen. Casimir Pulaski, the fully requested to support such ·legislation great Polish hero, who gave his life in the seeking early and favorable action.
cause of American independence on Oc-GENERAL PULASKI'S MEMORIAL DAY- tober 11, 1779.
RESOLu-:rroN OF CITY COUNCIL OF When we are bending such great effort . LOWELL. MASS. to the winning of international under-Mr. LODGE. Mr. President, on behalf standing and good will I think it is par-
of my colleague, the senior Senator from ticularly appropriate that we consider the Massachusetts [Mr. SALTONSTALL] and subject and that this petition be noted myself, I present for appropriate refer- and given full consideration in connecence and ask unanimous consent to have tion with the legislation to which it printed in the RECORD., a resolution refers. adopted by the Common Council of the There being no objection, the resolucity of · Lowell, Mass., relating to Gen- tion was ordered to be printed in the eral Pulaski's Memorial Day. RECORD, as follows:
There being .no objection, the resolu- Whereas a resolution providing for the tion was referred to the Committee on President of the United States of America to the Judiciary, and ordered to be printed proclaim October 11 of each year as General . in the RECORD, as follows: Pulaski's memorial day for the observance
and commemoration o~ the death of Brig • . Gen. Casimir Pulaski is now pending 1n the present session of the United States Congress; and
Resolution memoriallzing the Congress of the United States to pass, and the President of the United States to approve, 1f pass~d,
·the General Pulaski's Memorial Day resolution now pending in Congress Whereas a resolution providing !or the
President of the United States of America to proclaim October 11 of each year as General Pulaski's Memorial Day for the observance and commemoration of the death of Brig. Gen. Casimir Pulaski is now pending 1n the present session of the United States Congress; and
Whereas the 11th day of October 1779 1s the date in American history of the heroic death of Brig. Gen. Casimir Pulaski, who died from wounds received on October 9, 1779, at tbe siege of Savannah, Ga.; and .
Whereas the States of Arkansas, California, Connecticut, Delaware, illinois, Indiana, Ken· tucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, West Virginia, Wisconsin, and other States of the Union, through legislative enactment designated October 11 of each year as General Pulaski's Memorial Day; and .
Whereas it 1s fitting that the recurring ap.. niversary of this day be commemorated with suitable patriotic and public exercises in ob-
XCV--73
Whereas the 11th day of October 17791s the date in American history of the heroic death · of Brig. Gen. Casimir Pulaski, who died from wounds received on October 9, 1779, at the . siege ·of Savannah, Ga.; and
Whereas the States of Arkansas, California, Connecticut, Delaware, lllinois, Ind.Lana, Kentucky, Louisiana, Maryland, Kansas, · Massachusetts, Michigan, Minnesota, Missol1ri, Nebraska, New Hampshire, New Jersey, New York, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, West Virginia, Wisconsin, and other States of the Union, through legislative enactment designated October 11 of each year as General Pulaski's Memorial Day; and
Whereas it is fitting that the recurring anniversary of this day be commemorated with suitable patriotic and public exercises in observing and commemorating the heroic death of this great American hero of the Revolutionary War; and
Whereas the Congress of the United States of America has by legislative enactment designated October 11, 1929, October 11, 1931, October 11, 1932, to October 11, 1946, .to be General Pulaski's memorial day m the United States of Americal Now, therefore, be it
Resolved by the City Council of the City of Omaha, Nebr., That we hereby memorialize
·and petition the Congress of the United States to pass, and the President of the United States to approve if passed, the General Pulaski's memorial day resolution now pending in the United States Congress.
That certified copies of this resolution, properly authenticated, be sent forthwith to the President of the United States, the Vice President of the United States, the Speaker of the House of Representatives of the United States, and each of the United States Senators and Repre~entatives from Nebraska.
GENERAL PULASKI'S MEMORlAL DAY-RESOLUTION ADOPI'ED EY CITY COUNCIL OF PROVIDENCE, R. I.
Mr. McGRATH. Mr. President, <>n behalf 'Of the senior Senator from Rhode Island [Mr. GREEN] and myself, I present for approprjate reference and ask unanimous consent to have printed in the RECORD a resolution adopted by the City Council of Providence, R. I., relating to General Pulaski's Memorial Day
There being no objection, the resolution was referred to the Committee on the Judiciary, and ordered to be printed in the RECORD, as follows:
Whereas a resolution providing for the President of the United States of America. to proclaim October 11 of each year as General Pulaski's Memorial Day, for the observance and commemoration of the death of Brig. Ben. Casimir Pulaski is now pending in the present session of the United States Congress; and
Whereas the 11th day of October, 1779, is the . date 1n American history of the heroic death of Brig. Gen. Casimir Pulaski, who died from wounds received on October 9, 1779, at the siege of Savannah, Ga.; and
Whereas the States of Arkansas, California, Connecticut, Delaware, Tilinois, Indiana, · Kentucky, LoUisiana, Mal"yland, Massachusetts, .Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Nevada, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, West Virginia, Wisconsin, and other States of the Union, through legislative enactment designated October 11 of each year as General Pulaski's Memorial Day"; and
Whereas it is fitting that the recurring anniversary of this .day be commemorated with suitable patriotic and public exercises in observing and commemorating the heroic death o! this great American hero of the Revolutionary War; and
Whereas the Congress of the United States of America has by legislative enactment designated from October 11, 1929, to October 11, 1946, to be General Pulaski's Memoriai bay in United States of America: Now, therefore, be it
Resolved by the City Council of the City of Providence, State of Rhode Island, and Providence plantations-
SEC'l'ION 1. That we hereby memorialize and petition the Congress of the United States to pass, and the President of the United States to approve, if passed, the Oenel"al Pulaski's Memorial Day resolution now pending in the United States Congress.
SEC. 2. That certified copies of this resolution. properly authenticated, be sent forthwith to the President of the United stattls, the Vice President of the United States, and each of the United · States Senators and Representatives from the State of Rhode island.
JOSEF CARDINAL MINDSZENTY
Mr. WILEY. Mr. President, I present for appropriate reference and ask unanimous consent that there be printed in
1154 CONGRESSIONAL RECORD-SENATE FEBRUARY 14 the body of the RECORD a telegram I have received from Albert Scavarda, grand knight, Knights of Columbus, embodying a resolution adopted by Kenosha <Wis.) Council, No. 973, Knights of Columbus, at its regular meeting in Kenosha, on February 8, 1949.
This resolution protested, as did hundreds of other resolutions, letters, and telegrams to me and to other Senators, against the outrageous prosecution of Cardinal Mindszenty and other spiritual leaders in Hungary and in other landcontrolled Balkan States.
I have spoken on this matter on the floor of the Senate on January 10, right after the announcement of Cardinal Mindszenty's imprisonment, and again on February 8, and I shall continue to express my views along with my brother Senators in opposition to this fiendish persecution of man's spiritual conscience.
There being no objection, the telegram was referred to the Committee on Foreign Relations, and ordered to be printed in the RECORD, as follows:
KENOSHA, WIS, February 12, 1949. Sen a tor ALEXANDER WILEY,
Senate Office Building, Washington, D. C.: .
The following resolution on the arrest and trial of Josef Cardinal Mindszenty was adopted by the Kenosha Council, No. 973, Knights of Columbus, at its regular meeting in Kenosha, Wis., on February 8, 1949:
"Whereas the conscience of the American people and liberty-loving people all over the world is shocked and outraged by the imprisonment and trial of His ·Eminence, Jose! Cardinal Mindszenty, primate of Hungary, whose only offense is his courageous espousal of truth and justice and his fearless resistance to the dictates of Red Russia; and
"Whereas Kenosha Council, No. 973, Knights of Columbus, has noted with approval that the Honorable Harry 8'. Truman, President of the United States, and the Honorable Dean Acheson, Secretary of State, and the Members of the House of Representatives have voiced their condemnation of the trial and conviction of His Eminence: Be it
''Resolved, That Kenosha Council, No. 973, Knights of Columbus, earnestly entreat the President of the United States, the Secretary of State, and the Members of Congress of the United States to demand the immediate release of this shepherd of millions of Hungarian people and to protest against the repetition of such iniquitous action unparalleled in our jurisprudence and revolting to our civilization; be it further
"Resolved, That it is the firm conviction of the members of our council, that failure by our Government zealously to explore all channels through ·which remedial action may be taken in behalf of the innocent victim o! this travesty on justice will damage beyond measure the cause of human liberty everywhere as further evidenced by the persecution of the ministry in Bulgaria of more recent date, and will make a mocltery of the affirmation of faith 1n fundamental human rights which is written into the preamble o! the United Nations Charter; be it further
"Resolved, That a copy of the resolution be spread upon the minutes of our council and copies thereof forwarded to the Honorable Harry S. Truman, President of the United States; the Honorable Dean Acheson, Secretary of State; Han. Lawrence Smith, Congressman of the First District of Wisconsin; and the Honorable Senators Joseph R. McCarthy and Alexander Wiley."
ALBERT SCAVARDA, Grand Knight, Knights of Columbus.
REPORTS OF A COMMITTEE
The following reports of a committee were submitted:
By Mr. McCARRAN from the Committee on the Judiciary:
S. 198. A bill for the relief of the city and county of San Francisco; with an amendment (Rept. No. 66);
S. 206. A bill relating to the immigration status of the lawful wives and children of Chinese treaty merchants; with an amendment (Rept. No. 67);
S. 208. A bill for the relief of Ella L. Browning; without amendment (Rept. No. 56);
S. 271. A bill to provide for the appointment of additional district judges for the northern and middle districts of Georgia; with an amendment (Rept. No. 68);
S. 592. A bill for the relief of Edwin B. Anderson; without amendment (Rept. No. 57);
S. 593. A b111 for the relief of certain postal employees; without amendment (Rept. No. 58);
S. 594. A bill for the relief of John I. Malarin, former Army mall clerk at APO 932, a branch of the San Francisco, Calif., post offi.ce, relative to a shortage in his fixed credit account; without amendment (Rept. No. 59);
S. 624. A bill for the relief of Herman A. Bennink; without amendment (Rept. No. 60);
S. 633. A bill for the relief of Rachel D. Gattegno; without amendment (Rept. No. 61);
s. 634. A b1ll to authorize payment of certain claims for damage to or loss or destruction of property and personal injury arising from activities of the Army; without amendment (Rept. No. 62);
S. 664. A bill for the relief of Kihei Matsuo; without amendment (Rept. No. 63);
S. 748. A b111 for the relief of Charles L. Bishop; without amendment (Rept. No. 64); and
S. Res. 40. Resolution relating to an investigation of the immigration laws and the administration thereof; without amendment (Rept. No. 65); and, under the rule, referred to the Committee on Rules and Administration.
BILLS AND A JOINT RESOLUTION INTRODUCED
Bills and a joint resolution were intro- . duced, read the first time, and, by unanimous consent, the second time, and referred as follows:
By Mr. LODGE: S. 924. A bill for the relief of Doris Marie
Richard; to the Committee on the Judiciary. By Mr. HOLLAND:
S. 925. A. bill conferring jurisdiction upon the Court of Claims to hear and determine the claims of Trent Trust Co., Ltd., a corporation of the Territory of Hawaii, and Cooke Trust Co,, Ltd., a corporation of the Territory of Hawaii, as receiver for said Trent Trust Co., Ltd.; to the Committee on the Judiciary.
By Mr. MURRA:Y: S. 926. A b111 to authorize an appropria
tion in aid of a system of drainage and sanitation for the city of Polson, Mont.; to the Committee on Interior and Insular Affairs.
By Mr. McGRATH (by request): S. 927. A bill to provide that children ·be
committed to the Board of Public Welfare in lieu of being committed to the National Training School for Girls; that the property and personnel of the National Training School for Girls be available for the care of children committed to or accepted by the Board of Public Welfare, and for other purposes; to the Committee on the District of Columbia.
(Mr. WILLIAMS (for himself and Mr. FREAR) introduced Senate bill 928, to provide for designation of the United States Veterans' Administration hospital now being constructed at Wilmington, Del., as the William L. Nelson Veterans Memorial Hospital, which was referred to the Committee on Finance, and appears under a separate heading.)
By Mr. ANDERSON: S. 929. A bill to provide for disposition and
use of funds held in trust for Indian tribes; to the Committee on Interior and Insular Affairs.
By Mr. ANDERSON (for himself, Mr. YOUNG, Mr. LANGER, and Mr. PEPPER):
S. 930. A bill to provide for the liquidation of the trusts under the transfer agreements with State rural rehabilitation corporations, and for other purposes; to the Committee on Agriculture and Forestry.
By Mr. LANGER: S. 931. A bill for postal employees' longev
ity; to the Committee on Post Office and Civll Service.
By Mr. McCARRAN: S. 932. A bill to amend section 334 (c) of
the Nationality Act of 1940, approved October 14, 1940 (54 Stat. 1156-1157; 8 U. S. C. 734); .
S. 933. A bill to extend the law relating to perjury to the willful giving of contradictory statements under oath;
S. 934. A bill to provide for the detention, care, and treatment of persons of unsound mind in certain Federal reservations in Virginia and Maryland;
S. 935. A bill for the relief of Friederike Strachwitz;
S. 936. A bill to provide for the care and custody of insane persons charged with or convicted of offenses against the United States. and for other purposes;
S. 937. A bill to authorize the · Secretary of the Treasury to effect the payment of certain claims against the Unlted States; _and
S. 938. A bill to amend an act entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved July 1, 1898, and acts amendatory thereof and supplementary thereto; to the Committee on the Judiciary.
S. 939. A bill to remove certain lands from the operation of Public Law 545, Seven~yseventh Congress; to the Committee on Interior and Insular Affairs.
S. 940. A bill to reaffirm the intent of the Congress with respect to :Hight training for veterans; to the Committee on Labor and Public Welfare.
S. 941. A bill to amend the District of Columbia Barber Act; to the Committee on the District of Columbia.
By Mr. McCLELLAN: S. 942. A b111 to establish principles and
policies to govern generally the management of the executive branch of the Government;
S. 943. A bill to eliminate the maintenance of perpetual accounts for unclaimed moneys; and
S. 944. A bill to discontinue the maintenance of inactive records and custody of unclaimed funds and contents of. safety-deposit boxes in possession of the Comptroller of the Currency or the Federal Deposit Insurance Corporation; to the Committee on Expenditures in the Executive Departments.
By Mr. KEFAUVER: S. 945. A bill to provide for the Admiral
David Glasgow Farragut Birthplace National Monument; to the Committee on Interior and Insular Affairs;
S. 946. A bill to permit credit, for purposes of parole, for time served in a Federal penal institution under an illegal conviction or sentence in the case of a person who is subsequently legally convicted and sentenced for the same offense;
S. 947. A bill for the relief of the· Baggett Transportation Co., Inc.; and
·1949 ·GONGRESStON:AL RECORD-· ·SENATE 1155 S. 948. A bill for the reliel of: Mickey Baine;
to the Committee on the Judiciary. By Mr. MYERS:
S. 949. A b1ll to amend section 12B of the Federal Reserve Act; to the Committee on Banking and Currency; and
s. 950. A bill for the relief of the estate of Luke A. Treacy; to the Committee on the Judiciary.
By Mr. PEPPER: . S. 951. A bill for the relief of Joe Greco:
and S. 952. A bill for the relief of Pietro Mi
dulla; to the Committee on the Judiciary. (Mr. McCARRAN introduced Senate bill
953, to amend the immigration laws relating to stowaways, which was referred to the Committee on the Judiciary, and appears under a separate heading.)
(Mr. McCARRAN also introduced Senate bill 954, to clarify the provisions of section 8 of the Immigration Act pf February 5, 1917 (39 Stat. 880; 8 U. S. C. 144), which was referred to the Committee on ~he Judiciary, and appears under a separate heading.)
(Mr. McCARRAN also introduced Senate bill 955, to amend the Nationality Act of 1940, to preserve the nationality of naturalized veterans, their wives, minor children, and dependent parents, which was referred to the Committee on the Judiciary, and appears under a separate heading.)
(Mr. McCARRAN also introduced Senate bill 956, to provide for the adjustment of royalties and like charges for the use of inventions for the benefit of or by the United States, and for other purposes, which was referred to the Committee on the Judiciary, and appears under a separate heading.)
By Mr. BALDWIN: S. 957. A bill to permit members of the
Army1 Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service, who b,ave dependents, to occupy on a
· rental basis and without loss· of rental allowances temporary housing facilities under the jurisdiction of any such. service; to the Committee on Armed Services. · S. 958. A bill to establish the United States of America Patriotic and Charter Commission, and for other purposes; to the Committee on the Judiciary.
By Mr. TYDINGS: s. 959. A bill to authorize certain persons
to accept decorations tendered to them by the United Kingdom for services rendered the Allied cause during World War 'II, and for other purposes;
S. 960. A bill to provide for the construc• tion, rehabilitation, expansion, conversion, and joint utilization of buildings, structures, utilities, and other facilities, including the acquisition of land, for the Reserve components of the National Military Establishment of the United States, and for other purposes; and
s. 961. A bill to provide for the administration of the Central Intelligence Agency, established pursuant to section 102, National Security Act of 1947, and for other purposes: to the Committee on Armed Services.
S. 962. A bill for 'the relief of Bradford N. Headley; to the Committee on the Judiciary.
(Mr. LANGER introduced Senate bill 963, to provide for determination and payment of losses sustained by individuals as a result of recent storms in the Western and Middle Western States, which was referred to the Committee on the Judiciary, and appears under a separate heading.)
By Mr. ANDERSON: S. J. Res. 53. Joint resolution to provide for
the reforestation and revegetation of the forest and range lands of the n.ational forests, and for other purposes; to the Committee on Agriculture and Forestry.
WILLIAM' L .. NELSON VETERANS MEMO· RIAL HOSPITAL
Mr. WILLIAMS. Mr. President, on be ... half of the junior Senator from Delaware [Mr. FREAR] and myself, I introduce for appropriate reference a bill to provide for designation of the United States veterans' hospital now being constructed at Wilmington, Del., as the William L. Nelson Veterans Memorial Hospital, and I ask unanimous consent to have incorporated in the body of the RECORD at this point the text of the bill and a statement concerning it.
The PRESIDENT pro tempore. The bill will be received and appropriately referred, and, without objection, the bill and statement will be printed in the RECORD.
The bill (S. 928) to provide for designation of the United States Veterans' Administration hospital now being constructed at Wilmington, Del., as the William L. Nelson Veterans Memorial Hospital, introduced by Mr. WILLIAMS (for himself and Mr. FREAR), was read twice by its title and referred to the Committee on Finance, and ordered to be printed in the RECORD, as follows·
Be it enacted, etc., That the United States Veterans' Administration hospital now being constructed at Wilmington, Del., shall . be known and designated on the public records as the William L. Nelson Veterans Memorial Hospital.
The statement presented by Mr. WILLIAMS <for himself and Mr. FREAR) was ordered to be -printed in the RECOR.D, as follows: STATEMENT BY MR. WILLIAMS (FOR HIMSELF AND
MR. FREAR)
There is under construction at this time a United States Veter'ans' Administration hospital at Wilmington, Del., which it is expected will be completed sometime - next year, and it is the purpose of the proposed bill to give it the name of William L. Nelson, the only Delaware boy who was awarded the Congressional Medal of Honor posthumously during the Second World War. He was a Sergeant of the Sixtieth Infantry, Ninth Infantry Division. He was born at Dover, Del., and entered the military service at Middletown.
He won the Congressional Medal of Honor posthumously as a result of action at Djebel Dardys, northwest of Sedjenane, Tunisia, April 24, 1943. The Congres~onal Medal of Honor is the highest decoration which is awarded to American soldiers, and is awarded only for conspicuous gallantry above and beyond the call of duty in action involving actual conflict. It is awarded by the President of the United States in the name of the Congress. The following is the citation covering the exploit and description of the action in which Sergeant Nelson paid the supreme sacrifice: "G. O. ·No. 85, 17 December 1943. For conspicuous gallantry and intrepidity at risk of life, above and beyond the call of duty in action involving actual confilet. On the morning of April 24, 1943, Sergeant Nelson led his section of heavy mortars to a forward position where he placed his guns and men. Under intense enemy artillery, mortar, and small-arms fire, he advanced alone to a chosen observation position from which he directed the laying of a concentrated mortar barrage which successfully halted an initial enemy counterattack. Although mortally wounded in the accomplishment of his mission, and with his duty clearly completed, Sergeant Nelson crawled to a still
more advanced observation point· a:ild con• · tin'Ued to direct the fire of his section. Dying of hand-grenade wounds and only 50, yards from the enemy, Sergeant Nelson encouraged his section to continue their fire and by do· ing so they took a heavy toll of enemy lives. The skill which Sergeant Nelson displayed in this engagement, his courage, and selfsacrificing devotion to duty and heroism resulting in the loss of his life, was a priceless inspiration to our armed forces and were in keeping with the highest tradition of the Army of the United States."
It is therefore deemed fitting and appropriate that the new United States Veterans• Administration Hospital, nearing completion at Wilmington, Del., should be given the name of William L. Nelson. Naming this hospital after a deceased World War II veteran, who won the Congressional Medal of Honor, makes it not only a memorial to his gallant exploits, but it is also a distinction and honor to all war veterans.
AMENDMEN~ OF IMMIGRATION LAWS RELATING TO STOWAWAYS
Mr. McCARRAN. Mr. President, I introduce for appropriate reference a bill, which was sent to the chairman of the Committee on the Judiciary from the Department of Justice.
I ask that an explanation, furnished me by way of a letter from the Assistant to the ,Attorney Generalr be printed in the RECORD at this point as a part of my remarks, together with the text of the bill.
The PRESIDENT pro tempore. The bill will be received and ~ppropriately referred, a~d. without objection, the text of the bill and the letter. will Qe p,rinted in
. the RECORD. The bill <S. 953) to amend the immi-.
gration laws relating to stowaways, introduced by Mr. McCARRAN, was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed in the RECORD, as follows:
Be it enacted, etc., That section a· of the Immigration Act of February 5, 1917, 39 Stat. 875, as amended (8 U.S. C. 136), iS amended as follows: "After the word •stowaway• strike out the following language: ', except that such stowaway, if otherwise admissible, may be admitted in the discretion of the Attorney General'".
SEC. 2. Section 16 of the Immigration Act of 1924, 43 Stat. 163, as amended (8 U.S. C. 216), is hereby further amended by adding at the end thereof the following subsections:
"(d) The owner, charterer, agent, consignee, or master of any vessel arriving at the United States from any place outside thereof who fails to detain on board ~ny alien stowaway until such stowaway has been inspected by an immigrant inspector, or who fails to detain such stowaway on board after inspection if ordered to do so by the immigrant inspector, or who fails to deport such stowaway on the vessel on which he arrived or on another vessel at the expense of the vessel on which he arrived when required to do so by an immigrant inspector, shall pay to the collector of customs ot the customs district in which the port of arrival is located the sum of $1,000 for each alien stowaway in respect of whom such failure occurs. Pending final determination of liability for such fine, no vessel shall be granted clearance, except that clearance may be granted upon the deposit of a sum sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the
· collector of customs. The proviSions for de• tent1on o! aliens for examination before
1156 CONG:RESSIONAL RECORD-SENATE FEBRUARY -14 boards of special inquiry and the right of appeal provided for in sections 16 and-17 of the Immigration Act of February 5, 1917, 39 Stat. 887 (8 U. s. C. 153), shall not apply to aliens who arrive as stowaways and no such alien shall be permitted to land in the United States, except temporarily for medical treatment, or pursuant to such regulations as the Attorney General may prescribe for the ultimate departure or removal or deportation of such alien from the United States.
"(e) The owner, charterer, agent, consignee, or master of any vessel arriving in the United St ates from any place outside thereof which has on board any alien stowaway shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of $1,000 for each alien stowaway aboard such vessel. No vessel shall be granted clearance while such fine is unpaid, except that clearance may be granted upon the deposit of a sum sufiicient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs. No fine imposed under the provisions of thiS section shall be subject to refund, but the Attorney General may, upon application in writing therefor, · mitigate such penalty to not less than $200 for any such violation for which .such penalty is impoSed, upon· proof satisfactory to him that the presence of the alien stowaway aboard the vessel at the time of its embarkation from the last port outside the United States was not known to and could not have been ascertained by the exercise of reasonable diligence by the owner, charterer,_agent, consignee, and master of the vessel aboard which such stowaway arrived in the United States."
The letter presented by Mr. McCARRAN was ordered to be printed in the RECORD, as follows:
JANUARY 17, 1949. Hon. PAT MCCARRAN,
Chairman, Committee on the Judiciary, United States Senate, Washington, D. C.
MY DEAR SENATOR: The economic, political, and social conditions preva111ng in many parts of the world, particularly in those countries which suffered most heavily as the result of war, have enormously increased the problems connected with the immigration of peoples to the United States. One of the most vexatious of such problems is that of the stowaway. This problem appears to be in the ascendancy. Information availab~e to this Department indicates that the owners and masters of vessels are n:ot exercising proper precaution to prevent the boarding of their vessels by stowaways at points of embarkation of vessels bound for the United States. The provisions of section 2199, title 18, United States Code, provide punishment for stowing away on vessels or aircraft. Additional sanctions seem required, however, to curb this practice, and there is need for some penal provision against the owners and masters of the vessels. This Department · recommends the enactment of appropriate legislation.
Stowaways are now excludable under section 3 of the Immigration Act of February 5, 1917 (8 U. s. C. 136), but the statute authorizes the Attorney General in his discretion to admit the stowaway if he is otherwise admissible. This language was written int o the act of 1917 prior to the enactment of later immigration statutes which made necessary certain documents including immigration visas in order for aliens to enter the United States. At that time there was no numerical restriction on immigration. It
, was therefore not believed that the fact that an alien was a stowaway should be amandatory cause of exclusion. Invariably an alien stowaway not on:ly ·.av.oids . the payment of llis passage to this country, but also is lacking any appropriate immigration documents
for admission to the United States. The ; language authorizing. the Attorney General to admit stowaways, if otherwise admissible, is therefore usually meaningless and should be repealed.
This Department is convinced that the practice of stowing away on vessels proceeding to this country can ·best be minimized by legislation placing certain responsibilities,
. subject to penalties, upon transport lines engaged in transoceanic travel.
Examples of other sanctions of similar nature may be found in sections 9 and 10 of the Immigration Act of February 5, 1917 (8 U. s. c. 145, 146), and in sections 16 and 20 of the Immigration Act of July 1, 1924 ( 8 u . s. c. 167, 216).
Enclosed herewith is a draft of a bill to effectuate the foregoing recommendations. It would repeal the discretion in the Attorney General to admit stowaways and would provide penalties in the sum of $1,000 to be paid by the owner or master of any vessel arriving in the United States with a stowaway aboard and a penalty in like sum for failure to comply with certain orders of immigrant inspectors in relation to such stowaways. The bill W9Uld further authorize .the Attorney General to mitigate the penalty for bringing a stowaway to this country to not less than $200 each in proper cases.
A similar bill (S. 1450) was introduced 1n the Eightieth Congress at the request of this Department.
The Director of the Bureau of the Budget has advised that there is no objection to the submission of this recommendation
Yours sincerely, · · PEYTON FORD,
The Assistant to the Attorney · General.
CLARIFICATION OF CERTAIN PROVISIONS OF THE IMMIGRATION ACT OF 1917
Mr. McCARRAN. Mr. President, I introduce for appropriate reference a bill which was sent to the chairman of th~ Committee on the Judiciary from the Department of Justice.
I ask that an explanation, furnished me by way of a letter from the Assistant to the Attorney General, be printed in the RECORD at this point as a part of my remarks, together with the text of the bill.
The PRESIDENT pro tempore. The bill will be received and appropriately referred, and, without objection, the bill and letter will be printed in the RECORD.
The bill (S. 954) to clarify the provisions of section 8 of the Immigration Act of February 5, 1917 (39 Stat. 880; 8 U. S. C. 144), introduced by Mr. McCARRAN, was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed in the RECORD, as follows:
Be it enacted, etc., That section 8 of the Immigration Act of February 5, 1917 (39 Stat. 880; 8 U. S. C. 144), be and the same hereby is amended to read as follows:
"SEc. 8. That any person, including the owner, operator, pilot, master, agent, or consignee of any means of transportation, who shall bring into or land in the United States, by any means of transportation or otherwise, or shall attempt, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise, or shall conceal or harbor, or at-
. tempt to conceal or harbor in any place, including any building, or any means of
- transportation, any alien not duly admitted by an immigrant inspector or not lawfully entitled to enter or to reside within the
· ·United States under the terms of this act or any other Inw relating to the immigra.:. tion or expulsion ~f aliens, shall ~e deemed .
guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding· $2,000 and · by imprisonment for a term not exceeding 5 years, for a violation of any of the foregoing provisions in respect to each and every alien in relation to whom such violation occurs."
The letter of explanation presented by Mr. McCARRAN was ordered to be printed in the RECORD, as follows:
JANUARY 18, 1949. Han. PAT MCCARRAN,
Chairm an, Committee ·on the Judiciary, United States Senate,
· Washington, D. C. MY DEAR SENATOR: The decision of the Su
preme Court of the United States in the case of United St ates v. Paul Evans, decided March 15, 1948, brought into focus the need for an amendment of the immigration laws. The defendant in that case was apprehended in the act of concealing a number of aliens who had not been legally admitted to the United States. The Government prosecuted him pursuant to the provisions of section 8 of the Immigration Act of February 5, 1917 (8 U. S. C. 144), which provides that any person who shall bring into the United States or shall conceal any alien not lawfully admitted shall be guilty of a misdemeanor, but the Supreme Court held that the section UJ;J.der which he was prosecuted was inadequate to provide a penalty for concealing or harboring such aliens. The result of the decision was to leave the penalty provided by the section applicable only to bringing into or landing in the United States aliens not entitled to enter but not applicable to the offense of concealing such aliens.
In holding that the statute did not provide an enforceable penalty for the act of concealing, the Supreme Court recognized the uncertainty in the law, referred to the matter of supplying the deficiency, and concluded its opinion by stating:
"This is a task outside the bounds of judicial interpretation. It is better for Congress, and more in accord with its function, to revise the statute than for us to guess at the revision it would inake. That task it can do with precision. We could do no more than make speculation law."
In accordance with the above-quoted suggestion, it is· recommended that the statute in question be revised. A draft of a bill to effectuate such recommendation is enclosed.
It will he observed that the bill proposes a number of changes in the existing language of the section. · This section was enacted prior to the use of many modern means of transportation, and its language was directed principally to the transportation of aliens by water. The bill proposes changes in the language with a view to bringing the section more in keeping with modern means of transportation. The bill also proposes that an offense thereunder shall constitute a felony whereas it is now described as a misdemeanor, notwithstanding the fact that the penalty was fixed at a maximum of $2,000 fine and imprisonment for 5 years. Changing the classification of the offense from a misdemeanor to a felony seems more in keeping with the severity of the penalty. The words "any other law relating to the immigration or expulsion of aliens," at the end of the description of the offenses, were inserted so that the penalties for violat ion thereof would not be limited to violations of the Immigration Act of 1917, but would also apply to the Immigration Act 'of 1924, and any other laws Which may be en-acted of like character. The change of language which is designed to meet specifically the deficiency found by the Supreme Court in the existing section will be :round in the last clause at the end of the bill.
Enactment of -this ;measure _ will greatly facilitate control over the smuggling of aliens and the harboring of aliens who have 1llegally entered the countr~- ·
1949 'CONGRESSION'AL RECORD-SENATE '1157 The Director of the Bureau of the Budget
has advised that there is no objection. to the submission of this recommendation.
Yours sincerely, PEYTON FORD,
The Assistant to the Attorney General.
AMENDMENT OF NATIONALITY ACT OF 1940, RELATING TO NATIONALITY OF NATURALIZED VETERANS, ETC.
Mr. McCARRAN. Mr. President, I introduce for appropriate reference a bill, which was sent to the chairman of the Committee on the Judiciary, from the Department of Justice.
I ask that an explanation, · furnished me by way of a letter from the Assistant to the Attorney General, be printed in the RECORD, at this point as part of my remarks, together with the text of the
: bill. The PRESIDENT pro tempore. The
bill will be received and appropriately · referred, and, without objection, the bill · and letter will be printed in the RECORD.
The bill <S. 955) to amend the Nationality Act of 1940, to preserve the nation·ality of naturalized veterans, their wives, minor children, and dependent par~nts, introduced ·by Mr. McCARRAN,· was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed in the RECORD, as follows:
Be it enacted, etc., That subsection (h) of section 406 of the Nntionality Act of 1940, approved December 24, 1942 (56 Stat. 1085; 8 U.S. C. 806), is hereby amended to read as
· follows: "(h) Who is a veteran of the S?anish
American ·war, of World War I, or of World war II, his wife, minor children, or depe~dent parents."
The letter of explanation presented by Mr. McCA~RAN was ordered to be printed in the RECORD, as follows:
. . JANUARY 27, 1949. Hoa. PAT McCARRAN,
Chairman, Committee on the Judiciary, United States Senate,
Washington, D. C. MY DEAR SENATOR: This Department in
vites your attention to the desirabU1ty of amending subsection (b) of section 40G of the Nationality Act of 1940 (56 Stat. 1085; 8 U.S. c. 806).
Section 404 of the Nationality Act of 1940 (54 stat. 1170; 8.U. S.C. 804) provides for the loss of nationality by a person who has acquired his citizenship by naturalization 1f such person resides for at least 2 years in a territory of a foreign country of which he was formerly a national or in which he was born, if he acquires through such residence the na.tionaliti of such foreign country by operation of law; by residing for 3. years in the territory of a foreign country of Y>Thich he was formerly a national or in which he was born; or residing continuously for 5 years in any foreign countl·y.
Section 406 of the Nationality Act of 1940 lists a number of classes of persons to whom section 404 does not apply. Subeection (h)
.of section 406 exempts veteraJ1s of the Spanish-American War and of World War I, their wives, minor children, or dependent parents.
· No reason is discernible why this exemption should not be extended to veterans o! _World War II. ..
Accordingly the Department of Justtce rec· ommends that section 406 of the Nationality
·Act of 1940 be amended so as to include veterans of World War II. A draft of a prqposed bill to effectuate the foregoing purpose 1s .enclosed. , _ ._ .
An identical blll (S. 4:89), which was intra• auc:;d in the Eightieth Congress at the re•
quest of this Department, passed the Senate . on Jan~ary 12, 1948.
The Director of the Bureau of the Budget has advised that there is no objection to the submission of this report.
Yours sincerely, PEYTON FORD,
The Assistant to the Attorney General.
ROYALTIES FOR USE OF INVENTIONS FOR BENEFIT OF OR BY THE UNITED STATES
Mr. McCARRAN. Mr. President, I introduce for appropriate reference a bill, which was sent to the chairman of the Committee on the Judiciary from the Department of Justice.
I ask that an explanation, furnished me by way of a letter from the Assistant to the Attorney General, be printed in the REcORD at this point as a part of my remarks, together with the text of the bill.
The PRESIDENT pro tempore. The bill will be received and appropriately referred, and, without objection, the bill and letter Will be printed in the RECORD.
'.I.:he biU <S. 956) to provide for the adjustment of royalties and like charges for the use of inventions for the benefit of or by the United States, and for other purposes, introduced by Mr. McCARRAN, was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed in the RECORD, as follows:
Be it enacted, etc., That the act of October 31, 194:2 (56 Stat. 1013-1015, 35 U.S. C. 89-96), be, and it hereby is, repealed, and that all agreements in adjustment of royalties or otherwise made thereunder be, and the same hereby are, terminated as to future force and effect: Provided, h.owever, That, as to pro-
. ceedings initiated by and now pending un~er no~ces previously issued and as to rights accrued or liabilities incurred prior to repeal
, thereof, the provisions of such act shall be treated as remaining in full force and effect for the purpose of concluding, settling, sustaining, qualifying, or defeating any pending matter, . suit, or claim thereunder.
SEc. 2. Whenever an invention, either patented or unpatented, shall be manufactured, used, sold, or otherwise disposed of by or for the United States, subject to a royalty or like charge therefor believed to be unreasonable or excessive by the head of the department or agency · of the Government which has ordered such manufacture, w:e, sale, or other disposition, the head of the department or agency of the Government concerned, in behalf of such agency and the Government as a whole, shall give written notice of such fact to all known parties having a beneficial interest in such royalty or like charge, whether as payors or payees thereof. Within a reasonable time after the effective date of such notice, and in no event in less than 30 days, the head of the department or agency of the Government issuing such notice shall by order, directed to all parties to whom notice shall have been given, or who shall be found to have an interest in such proceeding, fix and specify such rates or amounts, if any, of such royalties or like charges as he shall determine are fair .and
, just, taking into account all defenses available to a defendant in a patent infringement action and such other conditions as may be determined to be appropriate by reason of governmental procurement as contrasted with nongovernmental procurement, and shall authorize the payment thereof, it any be allowed, by any payor to any payee on account of such manufacture, use, sale, or other disposition: Provided, however, That any party to whom such notice is given, if he so requests within 30 days from and after the effective dat~ ?f. ~~~~- -~~t~~~~ ~~¥· at
such time as may be fixed by the head o! such department or agency, present in writing or in person any facts or circumstances which may, in his opinion, have a bearing upon the rates or amounts of such royalties or like charges, if any, to be determined, fixed, and specified in view of the conditions aforesaid, and any order fixing and specifying the rates or amounts of such royalties or like charges, if any, shall be issued by the head of such department or agency within a reasonable time after such presentation. After the effective date of the notice, any payor affected by the notice may continue to collect royalties or like charges payable by or for the United Ste.tes on acc:mnt of such manufacture, use, sale, or other disposition of the invention, but all such royalties or charges shall be segregated and sa~ely kept by such payor and shall not, until issuance of the order herein provided, be paid over to any payee of such royalties or like charges. After issuance of such order, any payor thereunder, unless otherwif:e directed in the order, may continue to collect royalties or other charges as aforesaid, but shall not pay over to any payee affected by the order any such royalties or other charges in an amount or at a rate in excess of that fixed and specified by the order and shall refund any such excess to the United States in such manner as directed by the order. The payee of such royalty or like charge shall not have any remedy by way of suit, set-off, or other legal action against the payor for the payment of any additional royalties or like charges foreclosed by SUGh order, or for damages for breach of contract or otherwise, but such party's sole and exclusive remedy, except as to the recovery of the amounts fixed and specified in said order, shall be as proVided in section 3 hereof. The notice and order provided for herein shall be mailed to the last known address of all parties to whom the same shall be directed and such notice shall be effective upon receipt or 5 days after the mailing thereof, whichever date is the earller.
SEc. 3. Any party entitled to receive such royalties or like charges, claiming to be aggrieved by any order issued pursuant to section 2 hereof, may institute suit against the United States in the Court of Claims or in the district courts of the United States insofar as such courts may have concurrent jurisdiction with the Court of Claims to recover such sum, if any, as when added to the royalties or other charges fixed· and specified in such order shall constitute fair and just compensation to such party for the manufacture, use, sale, or other dl.Eposition for the United States of the invention or inventions within the purview of the order, taking into consideration all of the circumstances set forth tor the determinatio'n of such royalties in section 2 hereof. In any such suit the United States may avail itself of any and all defenses, general and special, that might be pleaded by a defendant in an action for patent infringement as set forth in title LX of the Revised Statutes, or any other defense, general or special, which might preclude the right of such party to claim, or which might limit the rate or amount of, a royalty or other like charge.
SEc. 4. The head of any department or agency of the Government which has ordered the manufactul'e, us·e, sale, or other disposition of an Invention, whether patented or unpatented, and whether or not an order has been issued in connection therewith pursuant to section 2 hereof, is authorized and empowered to enter into an agreement, before suit against the United States has been instituted, with the owner of, or a party entitled to receive a royalty or like charge under such invention, in full settlement and compromise of any claim agatn.st the United States accruing to such owner or party under
·the provisions of this act or any other law by reason of such manufacture, use, -sa:le, or other disposition1 ~n~ t_o_E ~~pens~tion to
'1158 CONGRESSIONAL RECORD-SENATE FEBRUARY 14 be paid to such owner or party based upon future manufacture, use, sale, or other disposition of said invention. The head o! any department or agency of the Government which has entered into an agreement under the provisions of this act or the act of October 31, 1942 (56 Stat. 1013-1015, 35 U. S. C. 89-96) is authorized and empowered to enter into supplemental agreements modifying, amending, or revoking such agreement as the equities of changed circ~mstances may warrant, any other law to the contrary notwithstanding.
SEc. 5. Whenever a reduction in the rates or amounts of royalties or like charges is effected by order, pursuant to section 2 hereof, or by compromise or settlement, pursuant to section 4 hereof, such reduction shall inure to the benefit 'of the Government either b'y way of a corresponding reduction in the contract price to be paid directly or indirectly for such manufacture, use, sale, or other disposition of such invention, or by way of refund to the Treasury of the United States by the payor of such royalties or like charges insofar as the same may have been foreclosed from payment thereof to the payee.
SEc. 6. The head of the department or agency of the Government concerned is further authorized, in his discretion and under such rules and regulations as he may prescribe, to delegate and provide for the delegation of any power and authority conferred by this act to such qualified and responsible officers, boards, agents, or persons as he may designate or appoint.
SEc. 7. For the purposes of this act, the mafl.ufacture, use, sale, or other disposition of an invention, whether patented or unpatented, by a contractor, a subcontractor, or any person, firm, or corporation for the Govvernment shall be construed as manufacture, use, sale, or other disposition for the United States; and for the purposes of the act of June 25, 1910, as amended ( 40 Stat. 705; 35 u.s. C. 68), the use or manufacture of an invention described in and covered by a patent of the .United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.
SEc. 8. This act shall apply to all royalties or like charges directly or indirectly charged or chargeable to the United States for any supplies, equipment, or materials to be delivered to or for the Government from and after the effective date of the notice provided for in section 2 hereof and shall also apply to all royalties or like charges charged or chargeable directly or indirectly to the United States for supplies, equipment, or materials u.elivered to or for the Government prior to the date of such notice insofar as such royalties or like charges have not been paid to the payee thereof prior to the effective date of such notice.
SEc. 9. The head of each department or agency of the Government may issue such rules and regulations and require such information as may be necessary and proper to carry out the provisions of this act. The .provisions of section 10 ( 1) of an act approved July 2, 1926 (44 Stat. 787), as amended, and title XIII of Public Law 507, Seventyseventh Congress, shall be applicable to the payor and p~yee of any royalty or like charge for an invention, whether patented or unpatented, manufactured, used, sold, or otherwise disposed of for the United States, and the term "defense contract" as used in said act shall mean and include an agreement for the payment of royalty or like charge regardless of the date of such agreement, under or by virtue of which any royalty or like charge is directly or indirectly paid by the Government or included within the contract price for property sold to or manufactured for the Government. ·
SEc. 10. Nothing· herein contained shall be deemed to preclude the applicabutty of section 408 of Public Law 528, Seventy-seventh
. Congress, .as. the same may be heretofore or hereafter amended so far as the same may be applicable.
SEc. 11. If any provision of this act or the application of any provision to any person or circumstance shall be held invalid, or 1! any provision of this act shall be inoperative by its terms,· the validity or applicab111ty of the remainder of the act shall not be affected thereby . .
1 SEc. 12. This act shall take ~ffect 90 days
after approval. .
The letter presented by Mr. McCARRAN was ordered to be printed in the RECORD, as follows:
JANUARY 27, 1949. Han. PAT McCARRAN,
Chairman, Committee on the Judiciary, United States Senate, Washington, D. C.
MY DEAR MR. CHAIRMAN: There appears to be a need for the enactment of a permane\}-t statute for the adjustmeT,\t of royalties and like charges for the use of inventions for the benefit of or by the United States.
Under the act of June 25, 1910, as amended (36 Stat. 851, 35 U. S. C. 68), the Government and its contractors are authorized to use patented inventions upon the payment o! reasonable and entire compensation for such use. Defenses of invalidity, etc., are avail~ble as in ordinary infringement suits. It has been held, however, that the act of June 25, 1910, does not apply when the Government or a Government contractor is already licensed under a patent. Newport News Shipbuilding & Drydock Co. v. Isherwood (5 F. 2d 924). The result of this decision is that, despite a declared policy that the United States should be entitled to use patented inventions upon the payment of reasonable compensation, this policy is defeated whenever the Government or a person or corporation having a contract with the Government involving the use of certain inventions has entered into patent-license agreements with the owners of such inventions. As a consequence of that decision the Government has sometimes been forced to pay unreasonable royalties which may have been provided for by the licen!le. Also, it must pay the royalties specified in the license agreement even where the patent may be invalid, or when the licensor for some other reason has no just claim to the royalties.
This situation was temporarily corrected during the war by the Royalty Adjustment Act (October 31, 1942, 56 Stat. 1013, 35 U. S. C., sees. 89-96) whereby the Government was authorized to reduce royalties payable under existing licenses where such royalties were excessive. This act is temporary wartime legislation and will at some early date become ineffective.
In view of the Isherwood decision, it would appear desirable to incorporate the principles of the Royalty Adjustment Act into the law as a permanent measure applicable both in wartime and peacetime. A draft o! a proposed bill to effectuate this purpose is enclosed. The proposed legislation represents the consolidated views of the Departments of the Army, Navy, Air Force, and Justice.
Enactment of the proposed bill before the termination of the Royalty Adjustment Act is necessary in order to avoid reestablishing the situation which existed at the time o:f the passage of _that act.
The Director of the Bureau of the Budget has advised that there is no objection to the submission of this recommendation.
Yours sincerely, PEYTON FORD,
The Assistant to the Attorney General.
MYRA M. HARDY
Mr. O'MAHONEY submitted the following resolution <S. Res. 71), which was referred to the Committee on Rules and Administration:
Resolved, That the Secretary of the Semite hereby is authorized and directed to pay from the contingent fund of the Senate to Myra M. Hardy, widow of Charles Oscar Hardy, late an employee of the Senate, a sum equal to 6 months' compensation at the rate he was receiving by law at the time of his death, said sum to be considered inclusive of funeral expenses and all other allowances.
DEVELOPMENT AND MAINTENANCE OF PUBLIC HEALTH UNITS-ADDITIONAL COSPONSORS OF BILL
Mr. HILL~ Mr. President, on the 17th of January, I, along with certain distinguished Members of the Senate, intro~uced Senate bill 522, a bill to amend the Public Health Service Act, to authorize assistance to States, and political subdivisions in the development and maintenance of local public-health units, and for other purposes.
I ask unanimous consent that there may be a reprint of the bill, and that on the reprint the names of the Senator from Florida [Mr. PEPPER] and the Senator from Vermont [Mr. AIKEN] to be added as cosponsors. . The PRESIDENT pro tempore. Is there objection? The Chair hears none, and it is so ordered. ABRAHAM LINCOLN, FOUNDER OF THE
REPUBLICAN FAITH-ADDRESS BY SENATOR VANDENBERG
[Mr. VANDENBERG asked and obt~ined leave to have printed in the RECORD an address delivered by him at the Lincoln Day dinner in Detroit; Mich., February 10, 1949, which appears in the Appendix.]
LINCOLN DAY ADDRESS BY SENATOR WHERRY
[Mr. WHERRY asked and obtained· leave to have printed in the RECORD an address delivered by him at the Illinois Republican Lincoln Day dinner, at the La Salle Hotel, Chicago, Ill., on February 12, 1949, which appears in' the Appendix.]
A FORWARD LOOKING REPUBLICAN PARTY-ADDRESS BY SENATOR MORS~
[Mr. MORSE asked and obtained.leave to have printed in the RECORD an address on the subject "A Forward Looking Republican Party," delivered by him on February 12, 1949, before the Lincoln Club, Louisville Ky., which appears in the Appendix.]
LINCOLN DAY ADDRESS BY SENATOR SALTONSTALL
[Mr. LODGE asked and obtained leave to have printed in the RECORD a Lincoln Day address delivered by Senator SALTONSTALL, at the Middlesex Club Dinner, Hotel · Statler, Boston, Mass., February 12, 1949, which appears in the Appendix.]
GOP LIBERALS IN THE SENATE-ARTICLE BY SENATOR MORSE
[Mr. LODGE asked and obtained leave to have printed in the RECORD an article entitled "GOP Liberals-In the Senate They Have a Program for Action," by Senator WAYNE L. MoRsE, of Oregon, published in the magazine Parade on February 13, 1949, _which appears in the Appendix.]
1949 CONGRESSIONAL RECORD-SENATE -1159 TRIAL AND SENTENCE OF JOSEF CARDINAL
MINDSZENTY [Mr. LODGE a:;ked and obtained leave to
have printed in the RECORD editorial com~ ments from Boston newspapers ou the trial and sentence of Cardinal Mindszenty, which appear in the Appendix.]
NATIONAL HOUSING POLICY-TESTIMONY BEFORE THE JOINT COMMITTEE ON THE ECONOMIC REPORT
[Mr. O'MAHONEY asked and obtained leave to have printed in the RECORD sum~ maries of the testimony of Mr. R!l.ymond M. Foley, Mr. Tighe Woods, and Secretary of the Interior Julius A. Krug, before the Joint Committee on the Economic Report on Feb~ ruary 11, 1949, which appear in the Ap~ pendix.] RURAL ELECTRIFICATION-ADDRESS BY
JOHN R. STEELMAN [Mr. KEFAUVER asked and obtained leave
to have printed in the RECORD an address de~ livered by John R. Steelman before the Na~ tional Rural Electric Cooperative Associa~ tion on February 1, 1949, which appears in the Appendix.] STALIN IS WILLING TO TALK-EDITORIAL
FROM THE GREAT FALLS (MONT.) TRIBUNE [Mr. MURRAY asked and obtained leave
to have printed in the RECORD an editorial entitled "Stalin Is Willing To Talk," published in the Great Falls (Mont.) Tribune of February 2, 1949, which appears in the Ap~ pendix.]
HENRIK SHIPSTEAD'S VOTE AGAINST THE UNITED NATION8-ARTICLE FROM MINNEAPOLIS TRIBUNE [Mr. LANGER asked and obtained leave to
have printed in the RECORD an article en~ titled "Henrik Shipstead Is Proudest of His Vote Against the UN," from the Minneapolis Tribune of February 9, 1949, which appears in the Appendix.]
GOVERNMENT ACTION IN STRIKES-AR~ TICLE BY WILLIAM H. DAVIS
[Mr. HUMPHREY asked and obtained leave to have printed in the RECORD an article en~ titled "Government Action in Strikes," by William H. Davis, from the New York Times of February 12, 1949, which appears in the Appendix.]
BUILDING CODE REVISIONS [Mr. WILEY asked and obtained leave to
have printed in the RECORD an editorial en~ titled "Building Code Revisions," published in the Fond du Lac (Wis.) Commonwealth Reporter of January 12, 1949, which appears 111. the AppendiX.]
AN INSTANCE OF INTERNATIONAL COOPERATION
[Mr. CAIN asked and obtained leave to have printed in the RECORD an editorial en~ titled "Nations Pull Together; So Everybody's Happy," published in the Seattle Times of January 16, 1949, which appears in the Ap~ pendiX.] ·
INDUSTRIALIZING AND EXPORTING TO NONINDUSTRIALIZED AREAS- ARTI~ CLES BY GEORGE H. HOUSTON
[Mr. FLANDERS asked and obtained leave to have printed in the RECORD an article entitled "Industrializing Nonindustrialized Areas of the World," by George H. Houston, which appears in the Appendix.]
NOTICE OF HEARING ON NOMINATION OF WALTER L. POPE TO BE CIRCUIT JUDGE, UNITED STATES COURT OF APPEALS
Mr. McCARRAN. Mr. President, on behalf of the Committee on the Judi-
ciary, and in accordance with the rules of the committee, I desire to give notice that a public hearing has been scheduled for Monday, February 21, 1949, at 11:30 a. m., in room 424, Senate Office Building, upon the nomination of Walter L. Pope, of Montana, to be circuit judge of the United States Court of Appeals, for the Ninth Circuit, vice Francis A. Garrecht, deceased. At the indicated time and place all persons interested in the nomination may make such representations as may be pertinent. The subcommittee consists of the Senator from Nevada [Mr. McCARRAN], chairman, the Senator from West Virginia [Mr. KILGORE], and the Senator from Wisconsin [Mr. WILEY].
The PRESIDENT pro . tempore. The morning business is concluded. ORDER DISPENSING WITH CALL OF THE
CALENDAR
During the delivery of Mr. DoNNELL's speech,
Mr. WHERRY. Mr. President, will the Senator yield?
Mr. DONNELL. I yield. Mr. WHERRY. I should like to ad~
dress an inquiry to the acting majority leader. Is it the intention to call the calendar?
Mr. MYERS. No. I intended to ask unanimous consent to dispense with the call of the calendar.
Mr. WHERRY. I shall be glad to agree to such a request, so that we may clear the record and pass the call of the calendar, in order that the Senator from Missouri may proceed at his leisure.
Mr. MYERS. Mr. President, I ask unanimous consent that the call of the calendar be dispensed with.
The PRESIDENT pro tempore. Without objection, it is so ordered. PROPOSAL TO PLACE STATE LEGISLA~
TORS ON A. F. OF L. PAY ROLL
Mr. DONNELL. Mr. President, an Associated Pr-ess dispatch issued under date of February 12 includes the following quoted language:
The A. F. of L. is considering putting State legislators on its pay roll so labor sympathizers can afford the lawmaking jobs.
This would be part of an extremely broad plunge into national political affairs about to be launched by Labor's League for Political Education, the American Federation of La~ bor's political arm.
Heartened by its success in helping elect President Truman last fall, the league is stepping up its national activities and plan~ ning extensive campaigns on State ahd local levels.
TO ENCOURAGE CANDIDATES
Details were worked out at the A. F. of L. executive council's recent midwinter sessi9n at Miami, Fla.
League leaders decided that union mem~ bers or people sympathetic with labor's aims could have a great voice, or even control, in State legislatures 1! more such persons could be induced to run for office. . It was recognized, however, that the pay for State legislators is so low in most States that labor people often cannot afford to run for office or take time out from regular jobs for lawmaking.
Thus, it was proposed and virtually decided that the league will help elect and thereafter augment the salaries of legislators endorsed
by labor where they have insufficient funds of their own to get by.
CITE A STATE FUND
The proposal was made by a high-ranking A. F. of L. official in a written statement presented to the labor league's administrative council.
Mr. President, I consider to be exceedingly unwise and highly reprehensible the proposal that the Federation of Labor put on its pay roll members of State legislatures. I should consider to be equally unwise and reprehensible a proposal, were one to be made, to put members of a State legislature on the pay roll of an organization which is or shall be created to promote the interests of management. Were proposals to be made to put Members of Congress on the pay roll of either an organization op~ erated in the interest of labor or of an organization operated in the interest of management I should likewise consider such proposals to be exceedingly unwise and highly reprehensible.
My reason for the views I have stated are:
First. A person who is chosen to membership in a legislative body thereby becomes a part of that governmental unit the laws of which that legislative body enacts, and should under no circum~ stances allow himself to be placed in a position in which he is subject to the danger of allowing the performance of his official functions to be influenced by obligations to others.
Second. A person who is chosen to membership in a legislative body is thereby selected as an official of all the people within the jurisdiction of that body, and should not in his participation in its affairs accept any gift which is likely to cause or tend to cause him to be responsive solely to the interests of only a part of such people.
Third. For an official to be paid money~ as is planned under the current proposal, would strongly tend to cause him to be responsive to the demands or wishes of the donor organization 1n the performance of his ofiicial duties.
Fourth. If the precedent of such proposal to place legislators on the pay roll of an organization formed for the promotion of the interest of one group of the population be established it may rea- · sonably be expected that other organiza~ tions, perhaps of industry, such as railroads, or mine owners, or of the learned professional groups or of some other segment of our people, which may consider its members or the pubU~ interest to be in jeopardy because of public legislatio:q, will follow the examples of such precedents and by paying either gratuities or salaries to legislators seek to make such legislators either exceedingly friendly to or perhaps virtually agents of the donor organization to carry out its will rather than to perform, free from bias or influence, the duties of the pub~ lie official positions to which such legislators have been chosen.
Fifth. The proposal approaches closely and may easily lead to bribery of pub~ lie officials.
Sixth. In addition to the evils which I have suggested which would result from
llGO CON_QRESSIONAL ·RECORD-SENATE FEBRUARY 14 carrying into effect the American Federation of Labor proposal, it mley reasonably be concluded that as a likely result thereof not only would there be an undermining of the character and stamina_ of the recipients of the gifts, but also a crop of legislation in furtherance of special interests rather than of the general good.
Seventh. No self-respecting legislator could accept money under such a proposal, with the probable resultant feeling of obligation to the donor, with the diminished or extinguished zeal which he would experience in advocacy of a measure designed for the general good but opposed to the desire of the donor organization, or perhaps of entire omission or abandonment by him of such advocacy because of the desire of the donor organization, and with the mortification or embarrassment which he would be likely to suffer-that is the legislator-should he after the receipt of the money from the organization decline or fail to carry out the desire of such organization. _
Although larger salaries are frequently paid to judicial and executive officials than are paid to the members of tl1e legislative bodies, and consequently there may not exist in the case of the executive or judicial officer the urgent financial need which in the case of members of legislatures is the reason for the current proposal of the American Federation of Labor, yet, Mr. President, on principle, if it be proper for organizations such as labor -unions, or political arms thereof, or manufacturers' associations, to assist by financial contributions during the term of office the members of the legislative branch of any unit of American government, it would be equally justifiable for such organization also to render assistance by such contributions during the respect ive terms of office to the officers of each of the other two coordinate branches of government; in the executive branch of mayors·, governors, and even the President, and in the judicial branch to judges of the courts, from the lowest of them to and including the Supreme Court of the United States. .
It is difficult to imagine a plan more violative of the principle that public officials are not to become private agents of special interests, more hostile to the view that no man can serve two masters, -more conducive to embarrassment, degradation, and corruption of public officials, and more likely to result in gross disregard of an egregious injury to public welfare than is the proposal set forth in the Associated Press dispatch previously mentioned.
The proposal which is being considered ·by the American Federation of Labor to put State legislators on its pay rolls, if once placed in effect, may easily be followed by like proposals to place on the pay rolls of labor organizations Members of Congress of the United States.
Mr. President, I hope that this pending proposal will be abandoned in its incipiency. I ask unanimous consent that at this
point in my remarks there be printed as a part thereof the editorial appearing i.rl the Baltimore Sun of this morning, entitled "A Curious A. F. of L. Scheme To Subsidize Legislators." ·
There being no objection,. the editorial was ordered to be printed in the RECORD~ as follows:
A CURIOUS A. F. OF L. SCHEME TO SUBSIDIZE LEGISLATORS
That is a curious dispatch from Washington which reports an A. F. of L. plan to subsidize State legislators friendly to labor. The plan apparently would be to put lawmakers on a specia! union pay roll if they bound themselves to see the public welfare through union eyes. The idea is limited so far, apparently, to State legislators.
The reason for the State limitation may be guessed at. A . . F. of L. interests suffered a shattering surprise in the Supreme Court the other day on the closed-shop cases. They had attacked State provisions against the closed shop on constitutional grounds. But a normally prounion court found it could not in this case strain the constitutional doctrines enough to come out the labor way.
That returned the unions to the necessity of securing what they want from State legislatures. The proposal to supplement the salary of legislators friendly to labor follows. It is a proposal which wise heads within the labor movement will wish to reconsider and probably in the end to withdraw.
First of all, why should there be any need for this adventure? All State legislators are now paid, some very well. The State legislative sessions run only 40 to 114 days and in a recent year the national average was only 93 days. -It is hard to _believe that prospective legislators able to judge labor's claims fairly are too poor to meet these requirements without a union subsidy.
There is another consideration which the wiser labor leaders will keep in mind. Grant for the sake of the argument that some State legislatures are relatively conservative, in much the way the National House of Representatives is relatively conservative. But this is not because the members from industrial areas are relatively conservative.
It is because the makeup of many State chambers and the National House gives the rural areas wider influence than they get, say, in the -United States Senate. In the Senate, elected by State-wide vote, ma~:sed urban population can often outvote rural congressional districts.
It follows that many city legislators now are as friendly to la:bor as labor could wish. To subsidize labor men running for o:tfice 'in the cities would hardly improve on the situation as it now is in the National House and many of the State legislatures. And to subsidize such men in rural areas would very likely be to kindle the kind of rural sentiment which many times has frustrated labor's legislative plans.
For_· countrymen would be quick to see the most serious objection of all, the one raising the question of morality and even of loyalty. A proposal by the Association of Manufacturers to subsidize poor men who would vote the NAM way would arouse a roar of outrage, and rightly. It is merely a symptom of our present confusions that the A. F. of L. proposal is made in quarters Which would most loudly denounce such an NAM scheme.
It just is not true in the United States that labor can get fair play in legislation only by subsidizing legislators. It is stUl true in the United States that all groups in the population will fare best when independent men are elected to consider the interests of all groups.
Mr. MORSE. Mr. President, will the Senator yield?
Mr. DONNELL. I yield. . Mr. MORSE. I wish to say to the Sen
ator from Missouri that I completely associate myself with his observations on the basic principles of good government which he has risen to defend.
Along the same line, I point out that, of course, one of our difficulties today is that many people feel that our representatives in various legislative bodies, on a State basis as well as on a Con-
- gressional basis, do in fact represent special interests, and do in fact sit in their legislative seats not as representatives of all the people, but as representatives of certain forces which exercise tremendous influence on their elections and on their income.
I point out to the Senator from Missouri that I have had pending for a long time in the Senate a resolution which, so far as this body is concerned, would require every Member of the United States Senate to place on record for public inspection all the sources of his income, no matter where the source. If we are going to retain the confidence of the American people in the legislative process, they are entitled to know to what extent, if any-and they are entitled to draw· their own inferences-the sources -of income of any legislator may affect the votes which he casts, either in . the United States Senate or any other legislative body.
Up to date I have not been able even to obtain a hearing on my resolution; but I say that it is fundamental to good government and to the Pl'eservation of a sound legislative process. If men do not wish to make the sources · of their income public, they do not have to run for office. But if they stand before the American people for election to ·the United States Senate, then I say that they should be willing to make the record public as to where they get their income, and in what amounts. · ·
Mr. President, I ask unanimous consent to have printed in the RECORD, as bearing upon the very matter upon which the Senator .from Missouri has so eloquently ·spoken today, an article which appeared in a recent issue of This Week ~ag;;tzine, written by a State senator in the . Oregon State Legislature. The
_article is entitled "I Am a $5-a-Day Senator."
There being no objection, the article was ordered to be printed in the RECORD, as follows:
I AM A $5-A-DAY SENATOR
(By Richard L. Neuberger) My ears still burn from the scolding given
m,e by a prominent constituent who visited the capital of our St ate on urgent business and could not finq the _senator from his district at any of the leading hotels. He wondered sarcastically where I had been keeping myself in Salem.
When I told him my wife and I had to live in a small auto court on .the edge of town because my pay as a State senator averaged only $5 a day, he .was flabbergasted.
Millions of _other citizens of the United States, I have conyluded, must be similarly uninformed. Otherwise, would they let the people who set policy for their schools, highways, courts, and welfare institutions work for lower pay than a baby-sitter or a caddie on a golf course?
I belong to the most neglected lawmaking body on earth-an American State legislature.
Nor is my State, Oregon, out of line with the national patt~rn. _ ~n New Englan<{ for example, Connecticut- pays Its legislators $600
- for a 2-year ,term. The mo.st recent session
1949 CONGRESSIONAL RECORD-SENATE 1161 went on for 145 days, giving the senators and representatives a daily wage of $4.13. Vermont pays the framers of its laws $750 for one term of office. At the last session this meant $6.88 a day. And New Hampshire doles out just $200 to its legislators every 2 years. The 1947 session lasted 182 days, making the salary of New Hampshire senators and repr~sentatives $1.09 daily, the lowest in the Nation.
It's pretty much the same everywhere. The most recent Missouri legislature worked 6 months-which made its daily pay $9.41. West Virginia legislators get $500 a year. Texas pays $10 for the first 120 days, $5 thereafter. Ut:ih musters yearly pay of $300. Tennessee's scale is ~4 a day, a wage which vanishes after the seventy-fifth day of a session.
LUCKY HANDFUL •
In evaluating these wages, remember that the legislators have to leave their homes and live at the capital. A few States-notably Alabama, Arkansas, Washington, Kansas, and Arizona-add modest maintenance aJ.lowances to meet the hotel expenses of legislators. But the majority of States still require their lawmakers to eat and sleep ·in a distant city on wages that the most unskilled laborer would spurn.
As a friend of mine in the Montana Legislature says, "I appreciate the privilege, but I don't know how long I can afford it."
Only a handful of States pay salaries to their legliilators which total more than $100 a month for an entire year. These generally are the States which pay an annual s9.lary. New York leads the .list with $5,000 a year. New Jersey and Illinois are next with $3,000. Following them are Massachusetts with $2,750, Michigan with $2,400, and Ohio with $2,600. Pennsylvania and Maryland are t!le only other States above $1,200.
Over all, the average annual pay of each legislator _in tb.e Nation is about $903.
The other night mY wife and I totaled up how much 'it will nick our savings to have me serve as an Oregon State senator. in addition to losing my norma'! income as a writer and ]ournalist for nearly 3 months, we are behind at least $5 a day. And we economize by pooling our groceries and cooking with . the family , of a young senator in an adjacent auto cour~. We have a c,ar pool, too. (We get 10 cents a mile expense money, but only for one round trip from home to the capital.)
SECRETARIES DO BETI'E'R
There is one.economy I have no-!; _ yet practiced. Almost half our . members try to struggle along financially by listing their wives as their secretaries. The wife then goes on the pay roll at $7 a day (a new bill may raise it to $8). l'his, combined with the member's $5 or $6 {he gets paid less than the secretary), just about enables
· these sena~ors and representatives to break even.
Wives of most legislators are not trained stenographers and the business of the State is not exactly expedited py their efforts. As I write this, a senator at a nearby desk is attempting to dictate a proposed statute to his wife. The wife cannot take shor:thand. The senator must linger several seconds over each phrase; later the wife · will
. diligently hunt for the right keys on the typewriter for an hour or two. A bill which may change ·educational policy for Oregon's quarter of a million school children might wind up with a typographical error that will put the State· supreme court to work for weeks.
. THE CITY GETS A LAUGH
The economies forced upon members b:f the legislature often give the capital city a. chuckle. More than one- dignified senator has been sternly reprimanded for preparing breakfast -on a hot plate smuggled into his hotel room. And vlrtuany· everj member
picks up a few extra -dollars at the end of the session by selling his set of the State's let;al code to a bookstore or law llbrary.
"I ought to keep those books," a young businessman in the senate confided, "so I'll know exactly what laws we passed or amended, but, by golly, I'm so far behind I've got to have that extra $50."
It may all sound slightly comic, but there is an aspect to it which rubs away the humor. There are 90 members in our legislature, and for every member and representative a half-dozen lobbyists crowd the capitol cloakrooms and hotel corridors. Armed with liberal expense accounts; they like nothing better than to pick up a legislator's dinner check, provide him with a bottle of liquor or a baked ham, or furnish him with a car and driver. It's gotten to the point where 1f you're a good lobbyist you can sometimes swing a vote for a steak dinner.
The lower the pay of a senator or a representative, the less well he is equipped to resist such blandishments. A man who would never think of accepting a bribe will let a lobbyist take care of some of his meal checks. It all seems perfectly innocent. But when the time comes for the lobbyist to 'ask a favor, the member is hard put to turn him down.
The lobbyist's request may be trifling and perfectly proper; he may use his friendship with lawmakers merely to hasten passage of ·a .harmless bill. But then again, the request may relate to exploitation of the State's natural resources. A lumber company may hope to cut timber on school lands without competitive bids. A State may suffer a loss in millions because it is unwilling to authorize the few thousands in legislative pay which would make its senators and representatives self-supporting. It's the old story of pennywise, pound-foolish.
I know a man who lobbies at State capitals all along the Pacific coast. He admits frankly that it is easier and cheaper to bring his infiuence to bear in Oregon than in California, where members are paid $1,200 a year plus expenses.
D~ME-~TORE LOBBYING
"The Oregon legislators are just as honest but less independent," confides this lobbyist. "Their measly pay makes them susceptible to what I call. dime-store lobbying. You can get a key committee member indebted to you for the price of eggs and bacon."
In some States reports frequently hint of some senator or representative allowing his hotel blll to be paid by the local utility company. How much independence can .be expected of a lawmaker under such circumstances?
In our own legislature I notice an increasing number of members who are openly on retainers from corporations or trade-unions. They do not have to live within their pittance from the State. They are company lawyers or labor officials. But how will the interest of the public fare when it confilcts with that of the private organizations on whose pay rolls these men serve at the same time that they enact the State's laws?
Stunted legislative salaries work adversely in another manner. Members are under intense personal pressure to adjourn speedlly and go home. They see their bank accounts melting away.
Put yotirself in the place of a young elec-. trical contractor I know, for example, who
not only has to pay his living costs in the capital and support his household at home, but also hire a skilled man to carry on his business while he's gone .
FAST WORK
"2'et the State's business must be trans. acted . . Taxes must be levied and policies d~cided. · When I served t_n the Oregon House of Representatives before- the war, we rushed through bills in t~e closing days· that not
more than two or three of us had read. · And they affected such vital matters as Columbia. River water power and the commitment of insane persons.
What is the solution? The Council of State Governments, a national organization, recommends that legislators in all 48 States be paid an annual salary in keeping with their responsibilities. This would enable them to spend time on State problems all the year around, rather than only while the legislature is in session. As it is now, many men and women go to our State capitals wholly uninformed on the great issues they must settle.
TIMES HAVE CHANGED
In ~4 States the pay of legislators ~s fix~d by the State constitutions. Some of these constitutions were written in pioneer times when a hotel room was 50 cents a night and a chicken-liver breakfast cost a quarter. The Council of State Governments believes legislative salaries should be set by statute so they may be varied with economic changes as they occur.
But, basically, the long-range answer is for the average citizen to take a more immediate interest in the government closest to him and his family, the government of his S~ate. Not only the pay of legislators needs correcting. Seven dollars for a secretary fails to compete with the far higher wages she can receive from the Federal Government. I couldn't get a competent stenographer to go to the legislature until a. family friend volunteered to do it "for the experience." Like her boss, she is losing money living at the capital.
Furthermore, virtually all State legislative districts in America require reapportionment. But the citizen, with his eyes on distant Washington, D. C., has fafled to see that this is done. Our legislature has not been reapportioned since 1910. As a result, although the State constitution requires that all Senators represent equal numbers of people, I have 78,170 constituents while a member a few rows away has 7,268.
PREP SCHOOL FOR PRESIDENTS
We neglect our legislatures, yet we expect them to furnish our national leaders of the future. Washington and Jefferson- were members of the colonial legislature of Virginia. Abraham· Lincoln served in the Ill.inois State Legislature ~or 7 years. T'.aeodore Roosevelt and Franklin D. Roosevelt graduated from the New York Legislature at Albany. Mention a prominent United States Senator and the chances are he began his career as a State legislator.
Lately Congress has been occupied with raising the pay of the President and other National Government officials, in line with the rise in salaries in private business. But there's been little talk about the far more overdue pay rises for State legislators. ·-A notable .exception is Michigan, where legislative salaries have been increased from $3 a day to $2,400 a year. Let's hope this is _ a. straw in the wind. ·
We often speak glibly of State~· rights when we want to express alarm over the encroachment of the Federal Government on local authority. Too often we forget that States' responsibUities are a partner of this slogan. ·
Mr. DONNELL. Mr. President, I greatly appreciate the contribution which my friend from Oregon has made. I had secured, at the moment he asked me to yield, consent of the Senate to th~ inclusion in the RECORD at that point as a part of my remarks of the editorial appearing in this morning's Baltimore Sun. I desire to emphasize particularly a few sentences which appear in the body of that editorial. It is entitled "A Curious A. F. of L. Scheme To Subsidize
1162 CONGRESSIONAL RECORD-SEN_ATE ;FEBRUARY 1~
Legislators." One of the sentences in the editorial reads:
The plan apparently would be to put lawmakers on a special union pay roll 1f they bound themselves to see the public welfare
, through union eyes. The idea is limited so far, apparently, to State legislators.
A little further along in the editorial I find this sentence with respect to the curious proposal of the A. F. of L.:
It is a proposal which wise heads within the labor movement will wish to reconsider, and probably in the end to withdraw.
Near the end of the editorial is this very Clear and pungent statement:
For countrymen would be quick to see the most serious objection of all, the one raising the question of morality and even of loyalty. A proposal by the Association of Manufacturers to subsidize poor men who would vote the NAM way would arouse a roar of outrage, and rightly. It is merely a symptom of our present confusions that the A. F. of L. proposal is made in quarters which would most loudly denounce such an NAM scheme.
It just is not true in the United States that labor can get fair play in legislation only by subsidizing legislators. It is still true in the United States that all -groups in the population will fare best when independent men are elected to consider the interests of all groups.
Mr. President, I desire to touch very briefly today upon what is probably even a far greater and more important point than that which I have thus far referred.
Mr. LANGER. Mr. President, will the Senator yield?
Mr. DONNELL. l yield: Mr. LANGER. Before the Senator
leaves the subject which he has been discussing, may I inquire whether he has a copy of the resolution adopted at Miami?
Mr. DONNELL. No, I have not. However, I have in my hand the Kansas City Star of yesterday, February 13, with an extended Associated Press dispatch. Indeed, it is the first article on the front page of the Kansas City Star. It is en-
- titled "A Labor 'Subsidy'." The subheads are, ''A. F. of L. would put State legislators on pay roll so that they could 'afford' to run. May pay poll tax, too. This would boost the number of eligible 'voters in the South. A national news-paper and radio program also-proposed to carry political views." -
Apparently there is an identical article in the St. Louis Globe-Democrat of yesterday.
Mr. LANGER. Does the Senator think it is quite fair to the A. F. of L. to attack them -the way he has done without first getting a full copy of the resolution which was introduced?
Mr. DONNELL. I think it is not only , fair, but I think it is imperative. _ One ' of the great news services of the coun. try, the Associated Press, without 'any qualification whatsoever, has carried the dispatch which I have read. It appears in two of the leading newspapers of my State. The St. Louis Globe-Democrat is one among three great newspapers in that metropolis. The Kansas City Star is a great newspaper known throughout the Central West. It is published in Kansas City. I think ·we are e!).tltled to take the word of the Associated Press, without requiring certified copies or other copies of the resolu.tion, for the Pm'P_9se _of_ calijpg atten_tiQI! _ t9 _ th~ i~:_
portance of the American Federation of . Labor abandoning any such idea as this.
Further in response to the Senator, the fact that a great newspaper such as the Baltimore Sun has printed this interesting and important editorial is in itself indicative of the fact that it is appropriate and timely that this subject be discussed today on the floor of the Senate.
Mr. LANGER. Mr. President, will the Senator further yield?
Mr. DONNELL. I yield. Mr. LANGER. I realize that my dis
tinguished friend has had a great deal of experience in public life. If he is interested, I can show him one quotation after another from the Associated Press which is absolutely false. When I was Governor of my State, newspapers having the Associated Press coverage would leave entire paragraphs out of releases which I had given to the Associated Press.
In otl_ler words, if I make myself clear, the excerpts which the distinguished Senator has read from the Ka-nsas City Star and the St. Louis Globe-Democrat may be absolutely true, and yet a part of the release given out by the A. F. of L. may have been eliminated.
It seems to me that we are entitled to have a full copy of the resolution, because the A. F. of L. made a remarkable record during the war for loyalty and distinguished itself by the vast a~ount of work which it accomplished during that time. I believe that upon reflection the able Senator will agree with me that the full resolution should be obtained before he goes further. .
Mr. DONNELL. Mr. President, I may say that I thoroughly agree that we should have in the Senate, and I hope there will be placed before the Senate by any Senator who can secure it an exact, verbatim copy of what was done
In this connection I call to the at~ tention of the Senator the concluding sentence which I read from the Kansas City Star article with reference to the proposal. The sentence reads as follows:
The proposal was made by a high-ranking A. F. of L. official in a written statement presented to the Labor League's administrative council.
I call to his attention also the fact that the precedfng sentence of the article reads:
Thus, it was proposed and virtually decided that the league will help elect and thereafter augment the salaries of legislators endorsed by labor where they have insufficient funds of their own to get by.
Mr. President, what I am saying is no attack upon the American Federation of Labor. I have a very high admiration for the fine public service it has rendered. I realize, as do_es the Senator
· from North Dakota, that during the war the American Federation of Labor made a notable and outstanding contribution to the welfare of 'OUr Nation.
What I attack here today is the principle of any such proposal as this one, a principle which is wrong and is a mistake and is reprehensfble. If my statement of facts is incorrect, obviously the correct statement of facts should be placed in the RECORD.
Perhaps a mistake occurs here or there, Q!_9ours~, !>l!t~ _ @bil_llt tP.~t i_g. t_:g.e Sen-
ate day after day and week after week we rely, generally speaking with assur~llce, upon dispatches sent out by the great press services of the country, particularly when they are used by outstanding journals as leading articles of those publications in our various communities.
Mr. LANGER. Mr. President, will the Senator yield further?
Mr. DONNELL. I yield for an inquiry.
Mr. LANGER. In the first place, the article does not state who gave the interview. It simply says "a high ranking A. F. of L. official." Furthermore, the article does not say that such an agreement has been made. It simply says that the matter was "virtually decided."
Let me call the attention of the distinguished Senator from Missouri to the fact that I do not have the reliance he has upon the -Associated Press. I remember only too well when in this very
. body, in 1915 or early 1916, I believe it was, the former Senator La Follette, Sr., was criticized by this body when it relied upon an Associated Press dispatch in connection with World War I. At that time the Senate nearly expelled Senator La Follette. But a few months later the Associated Press abjectly apologized for having given circulation to something that did not actually take place at the meeting at St. Paul, Minn., in connection with which the distinguished Senator La Follette was accused of saying something that he actually did not say at all.
So I am sure that the distinguished Senator from Missouri upon reflection will wish to obtain the entire resolution, because I know the fairness in his heart. I know his generosity, and I am sure he would not wish to say anything about the American Federation of Labor until he was entirely satisfied as to the real facts.
Mr. MORSE. Mr. President, will the Senator yield for a question?
The PRESIDENT pro tempore. Does the Senator from Missouri yield to the Senator from Oregon?
Mr. DONNELL. I do. Mr. MORSE. Is the junior Senatpr
from Oregon correct in his understand-.tng that the Senator from Missouri has made these comments today in the belief that a-~ the American Federation of Labor convention a proposal was made that when men endorsed by the American Federation of Labor for candidacy for State legislatures do not have sufilcient financial resources with which to run for the office and serve during the term of the office, the American Federation of Labor should supplement their State salaries with labor money?
Mr. DONNELL. The Senator is precisely correct .
In addition, I have relied upon two further facts, or at least two further statements in the article by the Associated Press. One is as follows:
Details were worked out at the A. F. of L. executive council's recent midwinter session at Miami, Fla.
League leaders decided that union members or people sympathetic with labor's aims could have a great voice, or even control, in State legislatures if more such persons could be induced to run for office.
I also relied, if I may answer the Senator furth~!. upon this additional sentence
1949 CONGRESSIONAL. -RECORD-SEN_AT-E 1163 of the article appearb:~g in the Kansas City Star, to which I have referred, as carried in the dispatch for the Associ .. ated Press:
.Thus, it was proposed and virtually decided that the league will help elect and thereafter augment the salaries of legislators endorsed by labor where they have insufiicient funds of their own to get by.
Mr. MORSE. Mr. President, will the Senator yield for a further question?
Mr. DONNELL. I yield. Mr. MORSE. Is it the Senator's po
sition today that 1f such a proposal were in fact made, it cannot be reconciled with good principles of sound government?
Mr. DONNEL.L. Precisely. ' Mr. MORSE. Is it also the position of
the Senator from Missouri that if such a proposal in fact were not made, then it is incumbent upon the A. F. of L. to make that fact very clear to the American people and issue a statement as to what the real facts in the matter are?
Mr. DONNELL. Mr. President, without undertaking to tell the A. ~. of L. what its duties are, I would say that it is certainly the privilege of the A. F. of L. to make a- statement in that connection; and I shall be glad, if that is desired, to carry to the floor of the Senate,. when it is furnished to me, anything the American Federation of Labor may desire to say in regard to the premises.
However, the Senator from Oregon is precisely correct. It would make no difference whether it were the A. F. of L., the CIO, the National Association of Manufacturers, the American Medical ,Association, the Association of Railway Labor Executives, or any other organization, whatever it might be, of either labor or management. Even if it were by mistake, if that were possible, ·or even if it shall prove to be the fact, which I have no reason to think, the very fact that the proposal is heralded to the public, placed before the Nation, and read by millions of people demands and makes not only important but imperative that the views now being expressed in the Senate be placed before the people of the United States. I take that position, not because they are my personal views or because I am the one who is making this statement, but because sound judgment, political morality, and proper concepts of government and of the proper functioning of a legislative body all demand that clarification be made of the proposal which is said to have been virtually adopted. REPORT OF ECONOMIC COOPERATION AD
MINISTRATION-MESSAGE FROM THE PRESID~NT (H. DOC. NO~ 74)
The PRESIDENT pro' tempore laid-before the Senate a message from the President of the United States, which was read, and, with the accompanying report, referred to the Committee ,on Foreign Relations.
<For President's message, see today's proceedings of the House of Representatives on p. 1180.) REPORT ON LEND-LEASE OPERATIONs
MESSAGE FROM THE PRESIDENT (H. · _DOC. JS'O. 75 )_ .
The PRESIDENT pro tempore laid before the Senate a message from the
President of the United States, which was read, and, with the accompanyin~ report, referred to the Committee on Foreign Relations.
<For President's message, see today's proceedings of the House of Representa.:. tives on p. 1180.)
THE PROPOSED NORTH ATLANTIC SECURITY PACT
Mr. DONNELL. Mr. President, I now desire to address myself briefly to a further proposition which likewise appears in the newspapers, and I assume that the Senator from North Dakota will not be unduly critical of me if I accept the newspaper account, at least tentatively, for purposes of making a suggestion.
Mr. LANGER. Mr. President, will the Senator yield? ·
Mr. DONNELL. I yield. Mr. LANGER. Let me say that I
would never be critical of the distinguished Senator from Missouri, because 99 percent.of the time he is correct. · Mr. DONNELL. I wish to say that the
loyalty and good friendship of my esteemed colleague, the Senator from North Dakota, justify a· use of the superlative, but the fact is that I am wrong many more. times than he so generously indicates.
However, I desire to adopt as the thesis of the further remarks I shall make, a portion of an important article likewise appearing on the front page of the Kansas City Times. Those Members of. the Senate who are familiar with the newspapers of Kansas City will recall tha-t the morning Kansas City Star is known as the Kansas City Times. The ~ansas City Times of February 12, last Saturday, the day before yesterday, carried an article entitled: "United States Pledges Aid-Norway Is Assured _It Would Have Substantial Military Backing-Long Talk on Problems-Oslo Foreign Minister Leaves for London After Meeting With Acheson."
Mr. President, I ask unanimous consent that at the conclusion of my remarks this article be set forth in its entirety. . The PRESIDENT pro tempore. With
out objection, it is so ordered. (See exhibit A.) Mr. DONNELL. Mr. President, in this
article we are told that the United States was reported to have .assured Norway on February 11 that it can enter the proposed North Atlantic alliance as a full partner and with assurance of substantial military backing from this and other member countries.
The article then proceeds to recite: That summary of the basic American atti
tude toward Norway's defense problems is understood to have been given to the Norwegian Foreign Minister, Halvard Lange, by Secretary Acheson in an 80-mlnute conference at the State Department this afternoon.
That is, o'n February 11. It appears, according to this article,
that earlier in the day Mr. Lange had conferred briefly with President Truman. After meeting with the Secretary of State, Mr. Acheson, he wound up his week-long visit to Washington with a call on th~ Republican foreign polic~ leader!
the Senator from Michigan [Mr. VANDENJ!ERGJ. The article then continues as follOWS!
Acheson and Lange issued a joint statePJ.ent saying that they had held a "full and frank" discussion of the objectives and na
. ture" of the North Atlantic security project.
The article then continues with respect to a further statement by Mr. Lange. Then, further in the article, is this:
Lange first saw Acheson Monday and raised a half dozen major questions regarding the Atlantic treaty proposal and the role Norway might play in it. He pres~ ted today a memorandum of the questions he raised in the first meeting and received answers from Acheson.
The article proceeds: While the meeting was secret, it was under
stood that in general, Acheson covered these points.
There appear then a number of points, the third one of which is the one to which I address myself. In order that the third one may properly be before the Senate, however, I shall read points 1 and 2. I quote from the article. These are points, "it is understood," so the article states, covered in general by Secretary Acheson.
1. The United States and other North Atlantic countries--seven are now negotiating a treaty draft here--
rz:hat iS to say, in Washington-would be glad to see Norway join the group when it is enlarged before the treaty is put into final form and readied for signing. But no official invitation was issued to Norway to join and responsible informants insisted that no pressure was exercised to influence the Norwegian foreign minister one way or the other.
This is in bold type: 2. The United States, subject to Senate
approval of the treaty, will make the strongest possible commitment to give prompt and effective aid 1f any one of the countries in the Alliance is attacked, but · only Congress can declare war.
Then, the third of these points, being the one to which the attention of the Senate is specifically invited at this moment:
3. Military action, therefore. cannot be committed in advance. But-
Notice this sentence-But in joining the Alliance the American
Government would subscribe to the principle that an attack on one member nation was an attack on all, and this would be interpreted as a moral commitment to fight.
Mr. President, it is to this language, "this would be interpreted as a moral commitment to fight," that attention is respectfully directed. If the President of the United States of America shall make a moral commitment, the Nation niust, and I believe it will be, scrupulously careful to keep that commitment, just as fully as if it were a legal commitment. Our national word, as well as the word of
· the individual members of this great legislative body, should be as good as our bond. So, Mr. President, if that be true, and again I may say to the Senator from North Dakota, I have not seen the draft-! do not know whether he hasof the pr{)posed North Atlantic alliance pact, but if it be true, as stated in this a.rticle from t!J.e Kansas Clty Times,.
1164 CONQR~SSIONAL R~CORD_-SENATE FEBRUARY 14 which in turn derived the information from the Associated Press-if it be true that Mr. Acheson in general covered the point that "in joining the alliance, the
· American Government would subscribe to the principle that an attack on one member n·ation was an attack on all"and I say, if it be true, Mr. President, to read the remainder of the sentence, that "this would be interpreted as a moral commitment to fight," I want to protest, here and now, against our country being made subject to any moral commitment which, in good conscience, would in the ultimate effect require Congress to go ahead and declare war sometime, even though Congress has the constitutional power to determine whether or not war should be declared.
Mr. President, a legal commitment to fight would be, in effect, a promise to declare war. And, of course, any such legal commitment in the North Atlantic alliance pact is recognized to be improper. Yes, the earlier point I read before this third one itself says-and I quote it again, "only Congress can declare war." Of course, section 8 of article I of the Constitution says:
The Congress shall have power • • • to declare war.
If it be true that the proposed Atlantic pact is to include -something which is going to involve, or may be believed justly and reasonably by the other signatories to involve, a moral commitment to go to · war, I protest against the inclusion in that pact of any such provision.
Mr. VANDENBERG. Mr. President, will the Senator yield?
Mr. DONNELL. I yield to the Senator from Michigan.
Mr. VANDENBERG. I am scarcely · in a position to speak for the Secretary of State on this subject. I am in position to speak for myself. I think the · Senator will find when the pact is. available for specific study that th~t North Atlantic community agreement, which is ·_ misnamed when it is called an alliance, because of the connotations which that · word·involves historically, is based essen- · tially on the theory of the · Rio pact, · which starts out with the same general assertion of common interest the Senator has · quoted in respect to the proposed North Atlantic community agreement. I remind the Senator, however, that under the Rio pact it is spelled out specifically that each signatory power re- _ tains unto itself the entire right of decision respecting the implementation of its obligations both as to its individual contribution and as to its collective contribution in respect to an ultimate armed attack.
I repeat, I am not even attempting to respond for the Secretary of State; I am responding only for myself. I am saying to the Senator that inasmuch as this is the outcome and the implementation of the resolution which the Senate adopted late last spring by a vote of 64 to 4, I know at least what was intended in connection with the prospectus, and i should say to the Senator I would expect that the complete right of decision respecting
, the type of contribution to be niade either · individually or collectively in_ t~ __ pres::_ __
ence of an armed attack would remain exclusive~y with each signatory, and that this fact would be made plain.
For myself, I may add that in my opinion the mere formal recognition of this community of interest in the event of an armed attack upon the Atlantic community, without another word in the treaty, would be an infinite assurance against world war Iii. In my opinion, if the Kaiser in World War I and· the Fuehrer in World War II had been on notice that an armed attack against any of the friendly nations with whom we associate ourselves would be considered a cause even for us to consider and study and determine whether or not we would enter into the ·common defense, it would have stopped both those wars before they occurred, and in my opinion that one single designation of a commonalty of interest in the North Atlantic pact, without any implementation at all, is the best assurance against world war III.
Mr. DONNELL. I thank the Senator. May I respectfUlly ask him a question? Am I correct in understanding, or in assuming, that the Senator woUld not favor ' including in the North Atlantic pact anything which constitutes a moral commitment to fight on the part of the United States of America?
Mr. VANDENBERG. If the Senator means an automatic commitment, my answer is Yes. Obviously, something is meant by a general assertion that we find common interest in our mutual safety. The implementation, I repeat, of that recognition, so far as the Senator from Michigan is concerned-the able Senator from Texas [Mr. CoNNALLY] will speak for himself, but I know he agrees-so far as the implementation of any such community of interest is concerned, the decision will remain at home.
Mr. DONNELL. But the Senator would not favor, would he, a North Atlantic pact containing within it a moral commitment on the part of the United States to fight?'
Mr. VANDENBERG. Not without its own independent decision to that end.
Mr. DONNELL. I thank the Senator, and I appreciate his contribution.
Mr. CONNALLY. Mr. President, will the senator yield?
Mr. DONNELL. I shall yield in a moment.
Mr. CONNALLY. My name has been brought into the controversy.
Mr. DONNELL. I shall be glad to yield -to the Senator from Texas in a moment.
Mr. President, it was my privilege some few weeks ago to read a very large portion of the very interesting debate which took place at the time when the resolution which was adopted last spring by a vote of 64 to 4 was being considered. I have read over the debate in large part, and I remember that the Senator from Michigan then, in response, as I recall, to vigorous questioning by the Senator from Nevada [Mr. MALONE], gave assurance, without any shadow of a doubt, that i,n his opinion, that is, in the opinion of the Senator from Michigan, the adoption of that resolution would still leave it open to this country to determine · whether or not it would enter into further commitments.
Mr. VANDENBERG. That continues to be the opinion of the Senator from Michigan. ·
"Mr. DONNELL. Mr. President, I now yield to the Senator from Texas. ·
Mr. CONNALLY. Mr. President, I want to say that I did not hear all the discussion, but I assume it was with regard to the assumed obligations of the United States in the so-called North Atlantic Pact.
Mr. DONNELL. If the Senator woUld like the precise language which was under discussion, I shall be glad to give it. I had quoted from an Associated Press dispatch appearing on the front page of the Kansas City Times of February 12, in the course of which reference was made to a meeting between Mr. Lange, the representative of Norway, and Secretary Acheson, representing this country. The dispatch says:
While the meeting was secret, it was understood that in general Mr. Acheson covered these points.
And the third of the points was this, to which I particularly addressed myself:
Moral action, therefore, would not be committed in advance, but in joining the all1ance the American Government would subscribe to the principle that an attack on one mem-
. ber nation was an attack on all.
The portion from there on was what I was particularly addressing myself to.
This would be _interpreted as a moral com-mitment to fight. -
I was protesting, inasmuch as the word of our country, its moral obligation, ought to be, I believe, as good as its bond-against the inclusion of any such moral commitment which would, in effect, mean . -a -legal commitment, if we value the rule of the observance of obligations.
Mr. CONNALLY. I do not, of course, approve of any language which may be adopted which could be construed as automatically involving the United States in war.
Mr. DONNELL. Or as a moral commitment to fight?
Mr. CONNALLY. Of course. In the case of governments I do not know the difference between moral commitments and legal commitments. I certainly would not desire the adoption of any language which would morally commit us to fight. I think our morality is worth something in the world, and we would not want to play with a moral commitment, even though we might not be legally bound. But there are many people, and we have found them in government and elsewhere, who woUld favor automatically going to war, which would mean letting European nations declare war and letting us fight.
Mr. . DONNELL. Which would, of course, be entirely contrary to the Constitution of the United States, would it not?
Mr. CONNALLY. Certainly. Congress alone has the power to declare war. Of course individual Senators declare war sometimes.
Mr. DONNELL. But those are only loE_~~ wars.
1949 CONGRESSIONAL RECORD-SEN:ATE 1165 Mr. CONNALLY. Seriously, I. would
not vote for any language of that kind. I have so told the Secretary of State, and I think he knows that I feel as does the Senator from Michigan, that the Senate Committee on Foreign Relations would not approve or adopt any form of language in an international agreement which would commit us to go to war when some other country in Europe might be attacked. VIe are not responsible for the disagreements which may arise in the countries of Europe. Any European nation might attack another nation, not merely the one country about which we hear so much talk.
I would not attempt to assess all the , different ramifications involved but when and if the situation shall arise, the Government of the United States can legally, morally, and constitutionally determine what our course shall be under the given circumstances; that is reserved to the United States. If we think the controversy or situation is of such a nature that we should go to war, we can do so. If we think it is not of such a nature, we shall not go to war.
That is my horseback attitude in regard to the question at the moment.
Members of the Foreign Relations Committee are in communication with the Secretary of State and have conferred with him a time or two, and we shall confer with him again regarding these matters. The Senator from Missouri need not be disturbed about the attitude of some of us, at least, regarding the whole proposition. We are making it
. very plain to the Secretary of State, and to anyone else who has a part to play in regard to ·the matter, that -that is our attitude.
Some persons cite the Rio treaty. That treaty does not go that far. There is not an exact parallel between the Rio treaty and the proposed treaty. In the case of the Rio treaty, it simply put into legal form that to which we were already committed. We have teen committed since 1823 to the principle that if any European power attacked a South American country we would intervene to resist the attack. We did so in the case of Maximilian, in Mexico, in 1867, when we told Napoleon Til to remove his army from Mexico. He withdrew his army from Mexico. So we have had that moral, if not legal, obligation for many years. It was much easier to do that in the case of Latin-American attack.
The Rio treaty does not obligate us to go to war; it simply obligates us to consult with and can · on the foreign ministers and take appropriate action in the interest of peace, not in the interest of making war .. , Mr. KNOWLAND. Mr. President, will the Senator yield?
Mr. DONNELL. I shall yield in a moment. . I am greatly pleased at the contribution made by both these distinguished statesmen and members of the Senate Committee on Foreign Relations. As I understand, neither of the Senators desires to put into the North Atlantic pact anything which constitutes a moral commitment on the part of the United States of America to go to war. If I have mis-
interpreted their statements, I pause now for a statement to the contrary from either or both of them. .
I hear no such statement to the con• trary.
I now yield to the Senator from California.
Mr. KNOWLAND. Mr. President, I should like to ask the distinguished Senator from Missouri a question. While it is, of course, perfectly clear that this country cannot, of its own volition, become involved in an act of war except by the declaration of the Congress of the United States, does the Senator believe that in our own national interest this Government should be unconcerned at an overt act of aggression by any power upon any of the member states in the United Nations?
Mr. DONNELL. Mr. President, I would say that I certainly agree with the tenor of the inquiry, which I judge indicates that the Senator from California means that our country is to be concerned with peace or war anywhere in the world.
The point I am making is that if we sign the North Atlantic pact, I do not believe the Members of the Senate desire to have it understood that this country is entering into what is termed in the article I have read a moral committment to fight, any more than I would want us to enter into a legal commitment to fight.
Mr. CONNALLY. Mr. President, w111 -the Senator yield?
Mr. DONNELL. I believe the Senator from California has not concluded, and I yield to him, then I shall yield to the Senator from Texas.
Mr. KNOWLAND. I should like to say to the able Senator from Missouri that it seems to me in the day of airplanes and the atom bomb in which we now live, the American people and the American Congress must fully recognize the fact that peace in fact is in jeopardy, and that we can no longer be unconcerned at any overt act of aggression wherever it may occur in the world, because if the United Nations Charter means anything at all, it certainly must mean that the states which are signatories thereto hoped to establish a system of international law and order so that the peace of the world could be preserved for our generation, and for our children.
I do not believe that in this age, when transportation is as swift as it is, we .could sit. back twiddling our thumbs, so to speak, while nation after nation in Europe was being overrun by an aggressor power. I am sure the Senator from Missouri remembers, and would reply, that Holland was overrun in about 4 days, that Yugoslavia was completely overrun in about 18 days, if my memory serves me correctly, and that Poland was overrun in about 22 days. So, unless this Nation were prepared to take some affirmative action to uphold international law and order, we might find that the iron curtain had not only extended clear out to the English Channel, but perhaps _beyond. I do not think the Senator wants to give the impression to the world that this Government would be unconcerned at any such act of aggression;
and of course we hope that no liuch act of aggression will occur.
Mr. DONNELL. Mr. President, ·r will say to the Senator from California that of course I do not want the world to think that we would be unconcerned with acts of aggression. But neither do I want the countries or the people of the world, either signatory or not signatory to the North Atlantic Pact, to think that if we enter into it, if we do, we have made, not a legal commitment, because we cannot do · that under the Constitution, but that we have made a moral commitment to fight. I do not want any such opinion to prevail anywhere. What I want may be stated in this way, that when the circumstances arise, even though they should require quick and immediate and prompt action, the Congress of the United States should have the power then, not as ceded away a few years, perhaps, before the circumstances should arise, and the legal right and the moral right, unrestricted by any prior. moral or other commitment, to determme whether or not we shall fight, whether or not we shall enter upon war.
Mr. CONNALLY. Mr. President, will the Senator yield?-
Mr. DONNELL. I yield. Mr. CONNALLY. Regarding the in
quiry propounded by the Senator from California, of course :we are interested in the peace .of the world. But that does not mean that we shall blindfold ourselves and make a commitment now to enter every war that may occur in the _next 10 years, and send our boys and resources to Europe to fight .
Mr. DONNELL. I am glad to hear the Senator say that.
Mr. CONNALLY. That is the view some people seem to take of the whole situation. The nations in Europe are not fighting now. All the outrages which have been committed seem to be tolerated by the people of the countries involved. I do not approve of them, of course. But I do not believe . in giving carte blanc~e assurance to these people, "Do everythmg you want to do, you need .not worry, as soon as anything happens, we will come over and fight your quarrel for you. In the meantime you may have a good time, and bask in the sunshine of leadership which you do not deserve."
Mr. President, the mere 'fact that we associate ourselves with these other gov·ernments in a consultative capacity, we will say for the moment, agree to talk with them, advise with them, and talk to their foreign ministers, will of itself have a tremendous moral effect upon any possible enemies who might appear. I do not believe any great power is hunting a war with the United States, and I do not think they look on us with any idea that they could successfully conquer us. But it would have an influence if they knew that we were in favor of democratic governments in other nations, that we are advising with them and talking with them, and. possibly would join them, but that such joinder must come after Congress, knowing the facts, viewing the issues, weighing our own responsibilities, determines that we should go to war.
Mr. DONNELL. Mr. President, in my opinion the Senator has spoken sound
1166 CON_GRESSIONAL RECORD-- ·sENATE FEBRUARY 14 words of wisdom, and I am very happy to hear him express hlmself so forcefully and vigorously _on this subject.
Mr. LODGE. Mr. President, will the Senator from Missouri yield?
Mr. DONNELL. I yield to the Senator from Massachusetts.
Mr. LODGE. I think the Senator from Missouri is to be congratulated for having opened up this discussion, which I think is a very valuable one, and the remarks which have been made by the Senator from Texas and the Senator from Michigan on the legal and moral phases of the subject are, I think, of the utmost importance. .
Certainly, if we were to agree to an old-fashioned European type of alliance, in which when one member of the alliance gets into war the war automatically spreads to every other nation, in my judgment that would be a very unfortunate result. I ·cannot conceive that such a proposal would be submitted to us, or that the Senate would ratify it. To put the war-making power in the hands of other nations, or for us to underwrite nations over whose foreign policy we had no control, would I think be a great mistake. I think the genius of the undertaking under discussion insofar as it has genius, is that it does not attempt to do that. ·
Mr. DONNELL. I take it the Senator would not favor our going into such a pact which contained a mor~l commitment on the part of the Umted· States.
Mr. LODGE. I do not see how it is possible to take away from Congress the right to declare war.
Mr. DONNELL. The Senator would not be in favor of making a moral commitment, even it if were not a legal commitment.
Mr. LODGE. I am not sure that I know the difference between a legal and a moral commitment, but I think it would be a mistake to attempt to take away from the Congress the right to declare war on the part of our country.
I thinl{ a strong argument coUld be made for the contention of the Senator from Michigan, so dramatically and interestingly developed, that if the Kaiser had known that the United States would take a very special interest in his warmaking activities, or if Hitler had known that the United St~,tes would take a very special interest in what he was doing, those two wars might not h~ve occurred. But I feel we should always remember, in considering this matter, not only the moral phase and the legal phase, but the phase of practical military_ implementation. How is such an agreement to b~ administered, how is it to be imple':" men ted? The answer to that question is bound to have a strong effect on any would-be aggressor, because people like the Kaiser and Hitler are never as much embarrassed by words and phrases and good intent ions as they are by their knowledge of the actual physical military means that are ready to be used in order to fight. We on our part should always remember in considering matters of this kind that if they are worth anything they are going to involve a military effort by this country in the way of weapons, in the way of manpower, in the way of diversion of human energy from
the pursuits ·or peace, and it would be most unfortunate if in looking at this proposition we do not always bear in mind the . question of implementing it from the standpoint of weapons and pra_ctical _military effort. · ·
Mr. WHERRY. Mr. President, will the Senator from Missouri yield so that I may address an inquiry to the Senator from Texas [Mr. CoNNALLY]? I was sitting in the rear of the Sep.ate Qhambe_r when I heard an observation made by the distinguished Senatpr from Texas. I should like to ask the distinguished Senator from Missouri if he will yield so I may propound a question to the Senator from Texas.
Mr. DONNELL. I yield for that purpose.
Mr. WHERRY. It is my understanding that the hemispheric secJirity we have enjoyed has been the result of the Monroe Doctrine.
Mr. CONNALLY. I so stated. Mr. WHERRY. I thank the Senator.
I understood the distinguished Senator from Texas to say that the North Atlantic pact was only an extension of the Rio pact. Is that true?
Mr. CONNALLY. No. Mr. WHERRY. I was in the rear of
the room and did not hear distinctly. Mr. CONNALLY. I said there were
those who were citing the Rio pact as a precedent for the North Atlantic pact, and I cited the Rio pact to show that it did not present a parallel situation at all. I said that since 1823 we had made the Monroe Doctrine our national policy, anO. th_at we were ready to fight without any treaty if any country in the Western Hemisphere were attacked, but that principle did not apply to the proposed new pact; that under it we had no moral obligation to go to war, and had not pledged ourselves to defend Europe . .
Mr. WHERRY. I ask the Senator from Texas if the South American countries have been considered in the formation of the North Atlantic pact, that is, the countries that are associated in the western hempispheric agreement?
Mr. CONNALLY. So far as I know, they have not. They may · have been consulted; I do not know; but they are not nations who are supposed to be signatories to the North Atlantic pact.
Mr. WHERRY. That is what I had in mind. I, of course, was asking simply for information. What I was trying to make clear was whether the North Atlantic pact is an extension of the Rio pact. I have now been informed by the Senator from Texas that it is not. The Senator, however, said that some contend it is an extension.
The question I now wish to ask is whether, in light of the security we in the Western Hemisphere have enjoyed because of the Monroe Doctrine, there has been any infringement ut>on the rights of · any countries in this .hemisphere, any of the South or Centra:! American countries, in not inviting them to sit in during the consideration of the North Atlantic pact, and would .such a situation affect in any way our relationship with them in the· defense of the :Western Hemisphere.
Mr. CONNALLY. I do not think there has been an:y: infringement of their
rights. There will be a protocol in the treaty, and the nations signing it will have to make the statement that the obligations they assume in no wise conflict with their ·own obligations to other countries not parties to the treaty.
Mr. WHERRY. So that they will have an opportunity to join as signatories to the pact.
Mr. CONNALLY. That part has not been completed. ·
Mr. WHERRY. Will they have to be consulted?
Mr. CONNALLY. I cannot give the Senator that assurance. I suppose they will.
Mr. WHERRY. Should they not be? Mr. CONNALLY. I do not know that
they should. . Mr. WHERRY. That is all I am try
ing to find out. Mr. CONNALLY. Let me say to the
Senator from Nebraska that the North Atlantic pact or tre'aty has not been completed. On several occasions the members of the Foreign Relations Committee have been in conference with the Secretary of State concerning it. The Senator is aware of what happened to the Norwegian Foreign Minister. He came to the United States. He went back probably with different ideas thah he had when he came. The're is still uncertainty as to what the Scandinavian League may do. So that · particular point, I will say to the Senator, has not yet been developed. I do not know what will be proposed. But·let me · say to the Senator that every line of the proposed treaty will be scanned by the· Senator from Texas, the Senator from Michigan, and the Committe on Foreign Relations. We have had the pledge of the State Department that they will not sign any treaty until . we have had a look at it. We propose to go through it pretty carefully in ~very respect. We have as much concern for· the safety of the United States as has the State Department. We have as much concern about our relations in preserving the peace of the world as has the State Department. We want to preserve the peace of the world and we will do all we can to preserve it. We . cannot, however, be Sir Galahads, and every time we hear a gun fired plunge into war and take sides without knowing what we are doing, and without knowing the issues involved. That is my attitude.
Mr. WHERRY. "I thank the Senator from Texas for his observations.· I also thank the Senato'r from Missouri for permitting me to propound the inquiries I did of the Senator from Texas. I wanted to have the point cleared up. It seems to me if we. are to preserve the security of the Western Hemisphere it is vital that before the North Atlantic pact is concluded the Nation's signatory of the Rio pact be given an opportunity to set forth their views, so that we may not lose their good will, or the protection that has been accorded the Western Hemisphere by the adoption of the ·old Monroe doctrine. I do not believe we should conclude .action without giving the South American nations opportunity to consider the pact.
Mr. CONN.AI:.LY. Let me say that some of _~~ .N:.a~~!>_ns signatory to the Rio
1949 CONGRESSIONAL RECORD-_ SENATE 1167 pact have not yet ratified it, at least they have not filed their ratifications _as yet.
Mr. WHERRY. Is it a fact that ,only two of the countries have ratified the Rio pact?
Mr. CONNALLY. It was a fact som·e time ago, but I think additional ones have filed their ratifications since that time.
Mr. VANDENBERG. Mr. President, will the Senator yield? · ·
Mr. DONNELL. I yield. Mr. VANDENBERG. Let us not have
a ·misunderstanding on that subject. The Rio pact came into effect only when 14 countries had ratified it. Since the 14 have ratified others have' ratified. I think there are some four out of twenty that have not deposited the_ir ratifica-tions. .
If the Senator from Missouri will further yield, I should like to make very sure that the Rio pact, as involved in the present discussion, is not misunderstood. I think I was responsible for injecting it into the debate. The reason I in-_ jected it was to point out that even under the Rio pact-which certainly has a more intimate traditional obligation on us than any other sort ·of pactthere is no automatic obligation on the Government of the United States to do anything, and even if a consultation under the Rio pact results in a vote of the signatory powers to go to war, only those who vote to go to war are bound in the consultations.
Mr. DONNELL. So that there is neither a· legal nor a moral obligation at this time_ in the Rio pact, for the United . States of America to go to war. Is that correct? ·
Mr. VANDENBERG. That is correct. And I was pointing out that if that is the attitude we took in respect to our good neighbors in the Western world, ol-viously we not only could not but should not go beyond that sort of an obligation in dealing with the North Atlantic community.
I should like, however, to add a word further if I may, Mr. President. I am very glad the Senator from California [Mr. KNOWLANDl made the interjection he did, because I would not want the debate today to indicate that our sole in-
, terest in the peace and security of the North Atlantic community is confined to
1 our ability to avoid any responsibility in
I connection with it, and I am sure that is not the attitude of the Senator from
\ Missouri. In my opinion there is no ob:o ligation contemplated in the North Atlantic community which is not already inherent in our pledge to the United Nations and our membership in it. There will be nothing, in my expectation, in the North Atlantic pact which is not written within the four corners of the United Nations Charter, and will specifically be so confined. Even if there were no United Nations Charter, and even if there never was a North Atlantic community, the sheer reality of the facts of life in this atomic age today present us with a situation in the North Atlantic community which inevitably would challenge our interest if world war UI were to start in any such fashion as the other two ·world wars did, In mY. view what
we are undertaking to do in the North Atlantic pact is nothing more than t"o · acknowledge in writing the facts of life as they a.re. In my opinion the fact that we have underscored those facts of life will serve a notice upon potential agressors which they will not ignore or overlook, and we will never have to examine anything except the first sentence in ·the North Atlantic pact in order to have substantially underwritten peace.
Mr. DONNELL. Mr. President, I thank the Senator for his very notable contribution to this discussion.
Mr. CONNALLY. Mr. President, will the Senator yield?
The PRESIDING OFFICER <Mr. FuLBRIGHT in the chair). Does th·e Senator from Missouri yield to the Senator from Texas?
Mr. DONNELL. I yield. Mr. CONNALLY. Let me say to the
S~nator from Missouri that in the case of an outbreak of war or an act of aggression, we shall be following it along in our chancelleries. We shall know the issues involved, and the Congress will be better advised than anyone else as to . whether we should take action immediately, or whether we should take action at all with regard to a declaration of war.
As I see it, this pact is more or less an official expression of our interest in peace and of our interest in the nations which are associating themselves together in the North Atlantic pact. We shall consult with them. We shall advise with them. But the pact does not carry any pledge-moral, legal, physical, or any other kind-that we must automatically go to war when some European nation demands that we fight its war.
Mr. KNOWLAND. Mr. President, will the Senator yield to me so that I may address an inquiry to the Senator from Texas?
Mr. DONNELL. If the Senator will bear with me a moment, I cannot very well keep all these observations in mind unless I comment on them at the moment.
With reference to the comments made by the Senator from Texas, of course, I share with him, and I think every other Senator shares with him and with the · Senator from Michigan, an interest in peace. I think we all realize the close interdependence of the world at this time. We are living in the atomic age, an age of shortened distances, when a jet-propelled plane can cross the country from the west coast to Washington in a little more than 3 hours. I believe I feel as other Senators do. But the point I have in mind is that I do not want any. thing in the North Atlantic pact, if we adopt it, to justify the statem-ent that its contents would be interpreted as a moral commitment to fight. I want the power left in Congress to declare war or not to declare war. Even though the words "declared war" or "obligation to fight" be not in the North Atlantic pact, I do not desire, and I do not believe other Senators desire, that pact to contain something which inferentially contains some kind of a commitment.
Mr.- KNOWLAND. Mr. President;-.:.. Mr. DONNELL. If the Senator from .
California will bear with me for a moment, I am not a member of the Com ..
mittee on Foreign Relations, and I speak with some degree of trepidation by rea .. · son of that fact. However, I have understood generally from the press that the North Atlantic alliance· or pact-if that. is the more correct term, as the Senator from Michigan indicates-is contemplated to be between the United States of America, Canada, Great Britain, France, Belgium, the Netherlands, and probably one or more of the other · countries of western Europe.
A few weeks ago I observed a certain newspaper report which indicated that such a pact-and I quote from the news- · paper report, which is not a ·quotation ' from the Secretary of State or from any official source, but which I trust is written in good faith-"will be written in general terms pledging mutual assistance in event of an attack upon any of the signatories,· but avoiding any hardand-fast clause committing them to go to war.''
I am not satisfied with merely omitting a hard-and-fast clause committing. us to go to war. I do not want in -that pact anything that constitutes "the moral commitment to fight" referred to by the writer of this Associated Press resume of what was understood in general to have been covered by Secretary Acheson.
I now yield to the Senator from California.
Mr. KNOWLAND. Mr. President, I should like to address an inquiry to the Senator from Texas relative to his last statement.
I think all of us have recognized, from reading the press dispatches, that the so-called North Atlantic pact was never contemplated-at least I so understood it, as one Member of the Senate-to bind the United States to support any one of the signatories who might be bent on aggressive war against a neighbor. My concept of this pact is that it is a pact of nonaggression. Therefore I certainly want to reiterate that I believe that un .. der our existing obligations, understandings, or commitments-whatever the proper term may be-under the United Nations Charter, if an act of aggression is committed by some power against one of the other signatory powers, we are vitally concerned about it, without any North Atlantic Pact. So certainly by no stretch of the imagination could this pact be considered as one which would bind us if one of the several signatories should itself engage in an act of aggression; It is merely defensive in character.
1\.~r. CONNALLY. Mr. President, i: apologize for taking so much of the time of the Senator from 'Missouri, but he yielded to the Senator from California to permit him to propound a question to me.
Mr. DONNELL. I will permit the Sen~ ator from Texas to answer it, if I have that prerogative.
Mr. CONNALLY. Mr. President, the Senator from California bas injected a great many controversial questions. What is aggression? We might consider a certain act to be an act of aggression, and some other nation might not think so. Someone would have to determine that question. It is true that th:~J1_pited
1168 - ·coNGRESSIONAL R.ECORD-SENATE- FE.BRUARY 14~
Nations pharter deals with acts of aggres- · sion. "C"nder article 51 it permits defense, either jointly or separately, against e.ggression. Article 51 of the Charter provides for the nations, independently of action by the United Nations itself, to adopt defensive measures, either with other powers or alone, against any act of aggression. The Senator's view does not change that situation.
It is possible that there might be a controversy between some of the nations · which join this pact: If Germany were admit~ed as a member, which might well occur. under the clause which allows nations to join at a)at~r date, there'might be a controversy between France ·and Germany. The Senator is aware of their divergent views on economics and on past wars, and their bitter nationalistic feelings. Of course we hope that no such controversy _will arise. I am simply trying to preserve our own peace and security. .
Something was said by the Senator from California about the atomic aae. Yes; this is an atomic age. I ·believe that if the United States is to be a leader in. the world or a help to the rest of the world toward preserving peace and restoring their economic life, the United States must remain· strong. When it comes to atomic b.ombs, .we must have more of them and better bombs than any other natio11 on earth,_ until they are regulated in some fashion under international agreement. We must have the best fieet of -airplanes in the world. The Senator f~om Missouri mentioned jet-propelled planes. We inust have better faster, and harder-hitting jet-propelled planes, not for the purpose of conquest, not for the purpose of. aggression, but to protect our own security and the security of our people.
This is not a chauvinistic attitude on my part. God knows, I do not want any more war. We have not demanded any reparations from the last war. We have treated our enemies better than they have treated themselves. We have asked for no territory. We have asked for no reparations. On the other hand, even nations which took up arms against us are today receiving the bounty of this Government through ERP and other relief measures. We are feeding the very people who fought us and killed our sons in various countries of Europe. So we are not out for conquest. We are out for peace. But in preserving the peace we ourselves must be strong. That is why I favor not assuming obligations which we do not intend. to fulfill. I favor the Congress and the Executive retaining the right to determine the question of war or peace under the Constitution.
Mr. DONNELL. And under the circumstances at the time.
Mr. CONNALLY. Of course, under the cricumstances at the time, and under our traditions. That is my attitude on this question. · ·
Mr. DONNELL. I am• grateful. to the Senator from Texas for his continued statement o;n this subject.
Mr. President, reference was made earlier to the resolution adopted by the Senate by a vote of 64 to 4. I have been pleased to hea~ today the CQ~~!lt of
the Senator from Michigan and to recall the splendid, strong, vigorous assurances he gave on the floor of the Senate at the time when the resolution was adopted. I am not undertaking to cast upon his shoulders the responsibility for an interpretation of that resolution, for each one of us has a duty in that regard which cannot be delegated to the Senator from Michigan, nor can we absolve ourselves from. that obligation. Nevertheless: Mr. President, in the course of the debate in which the Senator from Nevada and the Senator from Oregon participated with. such vigor and· clarity some months ago, immediately prior to the adoption of the ~esolution, it was made abundantly clear, it seems to me, that the full in- · tent · of those who proposed the resolution was that we in the Senate are not in any sense, e'ither directly, indirectly inferentially, morally, or otherwise' bound to support the North Atlanti~ pact because that resolution was adopted by a vote, as I have indicated, of 64 to- 4-or, for that matter, if it had been adopted by any other vote.
I want it to be perfectly clear-not that it is of any special importance, but because I am one Member of the Senate-that I deem an expression of opinion on my part with respect to entry into this alliance or this pact to be premature at this time, and accordingly I make no such expression today. To my mind it is a subject -on which, from its very na-:ture, the most profound and careful tliought must be bestowed, before it shall be acted upon by the Senate; and I have confidence that the Senate will devote such profound· and careful thought to this subject before deciding what it will do with respect to entry into or refraining from entry into the pact.
In a few days, Mr. President, we shall hear upon this fioor the reading, once again, of Washingto-n's Farewell Address. So I take it that it is not out of place for me to mention now that that address contains certain language bearing most pertinently upon the subject now under discussion. Of course, I know it to be true that that address was written not in the atomic age, but at a time ~hen conditions of travel were very different. Nevertheless, it was written or delivered by a man whose words we regard with veneration and respect. We may not believe that his ultimate conclusions are entirely applicable to the situation confronting us in the year 1949. However, let us observe what he said:
It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public ~han to private affairs, that honesty is always the best policy·. · I repeat it, therefore, let those engagements be observed in their -genuine sense. But, in my opinion, it is' urui.ecessary and would be unwise to extend ·them.
Taking care always to keep ourselves by suitabl~ establis~ents, on a respect~ble defensive posture, we may safely trust to temporary alliances tor extraordinary e:r:ner-genc~es. · · ·
Mr. President, it may be of int~~est to note-that John Marshall, who perhaps is not so frequ~I!t~y quoted on the subject
of foreign alliances or pacts, when writ- · ing about 2 years after 'the date of the delivery of Washington's Farewell Address, ·used the following language·:
I ·do not think- the interest and prosperity. of America at all dependent on the alliance with any foreign nation; nor does the man exist who would regret more taan myself the formation of such an alliance. In truth, America has, in my opinion, no motive for forming such conne~tion and very powerful motives for avoiding them. Europe is eternally engaged in wars in which we have no· interest, and with which the fondest policy forbids us to intermeddle.
We ought to avoid any compacts which may endanger our being involved in them. • • •
T?e WhOlEl Of my politics respecting foreign natwns are reduc;:ible to this single position. We ought to have commercial intercourse wfth all, but poli~ical ti_es with. none.
Mr. President, of course there arises today the question whether present-day conditions-the atomic age, to which the Senator from California has referred, and perhaps the fact that the Atlantic
. Ocean,_ the crossing of which by John :M:arshall on his mission to France required 48 days, today can be crossed in a few hours-either demand or justify a new policy by the United States respect_. ing foreign alliances . . That question, as I have indicated, will require the most thorough consideration· by the Senate, and will receive it I ~;~.m confident.
So, Mr. Pre()ident, in advance of seeing the pact and in advance of hearing the arguments by the distinguished Members of this body who will be far more familiar with the pact than will I, in my judgment it would be premature for me today to express an opiniqn as to whether I shall or shall not be ih favor of the entry 'of the United States into the pact. But it is not premature, .Mr. President · to my judgment, for me to express t~day at this moment, strong dissent against ~ny and all proposals to involve our Nation, by the Nor.th Atlantic pact; in any moral commitment. to fig)lt; an.d this I . do.
EXHIBIT A [From tlie Kansas City Times of February _12,
. 1949] . UNITED STATES PLEDGES ·Am-NOR~VAY Is As
SURED IT WOULD HAVE SUBSTANTIAL MILITARY BACKING-LONG TALK ON PROBLEM-OSLO FOREIGN MINISTER LEAVES FOR LONDON AFTER MEETING WITH ACHESON WASHINGTON, February 11.-The United
States was reported to have assured Norway today that it can enter the proposed North Atlantic alliance as a full partner and with assurance of substantial military backing from this and other member countries.
That summary of the basic American attitude toward ·Norway's defense problems is understood to have been given to the Nor'wegian Foreign Minister, Halvard 'Lange, by Secretary Acheson in an SO-minute conference at the State Department this afternoon.
Earlier in the day Lange had conferred briefly . with President Truman, and · after meeting with Acheson he wound up his weeklong visit to Washington with a call on Senator VANDENBERG, the Republican foreign pol-icy leader. · ·
CALL· IT A FRANK SESSION . Acheson and Lange issued a joint statement saying they had held ·a "full and frank discussion· of the· objtlctives and nature" of -the North ·Atlantic security project. .
Lange subsequently toid the Associated Press, just ~ef~~e _he_ left by plane for New
1949 CONGRESSIONAL ·RECORD---SENATE 1169 York, that he had had "a-very g.ood reception" and a "very good discussion'.' which had yielded "very frank information." At the State Department he informed reporters he planned to meet Ernest Bevin, British Foreign Minister, in London Monday. His itinerary called for him to stop over in New York tonight, then leave for England tomorrow morning.
As he boarded a plane, Lange said "there is no inkling of truth" in reports the State Department put pressure on him in his stay to link Norway to the North Atlantic alliance.
"The situation has cleared as result of my visit," he said. "And my recommendations will depend on my reflections on the way back."
Lange first saw Acheson Monday and raised a half dozen major questions regarding the Atlantic treaty proposal and the role Norway might play in it. He presented today_ a memorandum of the questions he raised in .the first meeting and received answ~rs from Acheson.
OUTLI~E OF _DI§lCPSSIONS While the meeting was secret, it was un
derstood that in general Acheson covered these points:
1. The United States and other North Atlantic _c9untries-seven are now negotiating a treaty draft here-wouid be glad to see Norway join the group when it is enlarged before the treaty is put into final form and readied for signing . . But no official invitl'l,tion was issued to Norway to joi~ and .responsible informants insistJ)~ that no pre~sure was exercised to influence the Norwegian Foreign Minister one way or the other.
2. The United States, subject to Senate approval of the treaty, will make the strongest possible commitment to give prompt and effective aid if any one of the countries in the alliance is attacked, but only Congress can declare war. . ,
a. Military action, . therefore, cannot be committed in advance. But in joining the alliance, the American · Government would
' subscribe to the principle that an attack on one member nation was an attack on all and this would be interpreted as a moral commitment to fight.
ON BASIS OF POWER 4. The objective of the security system,
under the United Nations Charter, is peaceful, and not, as the Russians have charged, aggressive. It is based on the principle that aggression by any country would be discouraged by confronting that country in advance with a powerful array of allied nations.
5. Norway, like every other member of the group, would be expected to dovetail its defense plans with over-all western grand strategy for defense, but it would not be required to provide advance bases, a point which the Russians recently raised with the Norwegian Government.
6. The United States is not prepared to say at this time in detail exactly what .m111tary arms and equipment it can .supply under a
· mutual-aid program paralleling the allianc.e. President Truman is expected soon to recommend authorization. for such a program to Congress.
On his part, Lange is understood to have taken the line that he was on a fact-finding mission and Norway's formal attitude toward
· the security project wlll not be determined until he has reported to the Government in Oslo and the matter has. been discussed in the Starting (Parliament). ·
STRONG. OPINION BEHIND IT
_a:o:w.eyer, it is _u!lqerstood that he reported strong sentiment in Oslo.for basing Norway's long-range securJ,ty on ·the Western aiJi~ni::e rather than on a swedisl;l-.proposed alliance of armed .neutrality.
XCV--7i
On this ppint,, the Stat.e Department publicly has taken the po-sition that because the supply of American mil~tary aid ·is limited, no aid can be promised tliose western Euro.!. pean countries which do not join the alliance. ·
This, in effect, ' lui:d already put Norway, · Sweden, and Denmark on notice that they could .not expect American help if they held aloof from the North Atlantic grouping of powers.
Another question which Lange 1s understood to have raised with . Acheson is 'that of Norway's security. during the period in which the North Atlantic treaty is being negotiated and pending its final ratification by all the nations. Diplomatic officials said the basic United States position on this point-and presumably the position which Acheson stated to Lange-is that the United States is already committed by the United Nations Charter. to oppose aggression at any poil:it and intends to live up to that commitment.
CRO~S-WIND LANDIN(} GEAR FOR AIRPLANES
Mr. McCARRAN. Mr. President, toward the · end of last year there -were rumors that the Civil Aeronautics Administration was going to stop its work with cross-wind landing gear for airplanes.
I was much concerned, and on January 8 I wrote to the Civil Aeronautics Administration, asking for a detailed report on the 'cross-wind landing gear project.
I am happy ·to say that the report which has been furnished to me indicates that the Civil Aeronautics Administration not only has not stopped and is not planning to stop its cross-wind landing gear project, but, on the contrary; has had very good· results to date, considers .the proj~ct very much worthwhile, ·and is continuing the work.
For the information of the Members of the Senate, I ask unanimous consent that the report on cross-wind landing gear which I have received from the Administrator of the Civil Aeronautics Administration, consisting ·of a four-page letter with an enclosure in the form of a summary report prepared by Mr. John H. Geisse, consultant for cross-wind landing gears, and .Mr. Lloyd Child, assistant to the Administrator for personal flying development, may be printed at this point in the RECORD as a part of my remarkG.
There being no objection, the letter and report were ordered to be printed in th~ RECORD, as follows:
DEPARTMENT OF. CO~MERCE, C'IVIL AERONAUTICS ADMINISTRATION,
Washington, February 7, 1949. The Honorable PAT McCARRAN,
United States Senate, Washington, D. c.
MY DEAR. SENATOR McCARRAN: I have your letter of January 8, and I am pleased to be able to give you a detailed report on the crosswind landing gear project.
Enclosed is a copy of the Summary Report on Cross-'Yind Landing Gears of May 1948, which covers the results on the Fairchild PT-19 and the Piper J-3 Cub equipped with the cross-wind landing gear. On ·pages · 6 and 7 of this ·report are comments · quoted from various pilots who have :flown the crosswind landing gear.
As you know, the appropriation which you obtained for cross-wind landing gears made it possible for us to contra.ct with six manufact~ers to have cross.-wind- landing gears
designed and installed under CAA super._vision. A brief report on these is as follows:
FAIRCHILD FT-19
Covered by enclosed report. PIPER J-3 CUB
Covered by enclosed report. ERCOUFE
The Firestone Aircraft Co. installed a crosswind landing gear on the Ercoupe and delivered it to the CAA on August 12 1947. Various degrees of restraint in the swiveling were tried. Continuous exp~rimentation was carried out with all kinds of schemes to improve the characteristics. It was found that a tie rod between the main wheels was beneficial. The favorable results obtained on this airplane have convinced us that cross-
. wind landing gears are suitable for tricycle undercarriages. These findings have been borne out by the Beech Aircraft Co. on their Bonanza airi>lan~. _ At the start, Beech asserted that their Bonanza co'uld land satisfactorily in cross-winds and that a crosswind landing gear was not necessary. However, the Goodyear Aircraft Co. furnished a cross-wind installation for the Bonanza and
· have reported that· they and the Beech officials are completely satisfied with the results. Apparently the Beech people are convinced that cross-wind landing gear is beneficial on a tricycle undercarriage. ·
BELLANCA-CRUISAIR The Bellanca airplane was delivered to the
CAA on April 15, 1948; on it the landing gear · swiveled in the shock-absorber strut. Dual wheels on the main landing gear were furnished so as to eliminate the necessity for shimmy dampers. The original contract called for olir flight testing this airplane for 50 h9urs. During that time we indoctrinated numerous pilots, all of whom were agreeably
· impressed by its performance. The airplane was demonstrated to the United States Army, United States Navy, the press, and delegations from England. We displayed it and gav.e demonstrat~ons at air shows throughout the East. After 50 hours of satisfactory flying, we renewed the contract so as to have 50 more hours available. At the present time we are continuing the demonstrations and pilots' indoctrinations. ·
TWIN BEECH The cross-wind landing gear was installed
on a CAA twin Beech airplane by All American Airways, Inc., and delivered on April 1p; 1948. The castering of the wheels took place in the oleo struts. Shimmy dampers a~d centering cams were also incorporated inside the struts. The airplane was demonstrated formally to the press, and the United States Army and Navy. After 3 months of flight tests, it was decided that improved shimmy dampers would be desirable. · All American Airways was directed to design and install external hydraulic shimmy dampers and centering cyl.inders. Now t?e cross-wirid landing gear functions satisfactorily. Pilots who have flown it are favorably impressed. At present, the airplane is assigned to our fourth region where flight demonstrations and pilots' indoctrinations are being held in the South and Middle West. We are obtaining an NC license for this installation.
DOUGLAS . The Goodyear Aircra.ft Co., of Akron, Ohio,
was awarded the contract to install a crosswind landing gear ·on a CAA Douglas DC-3 airplane. This consisted of castering mechanisms inside the wheels of the airplane similar in principle to those which had been so successful on the Piper Cub. The airplane was delivered to the CAA on March 14, 1948. Exhaustive demonstrations and flight t'ests have been performed on this airplane, both in connection with obtaining an NC license and in displaymg it to . the United States
~1170 CONGRESSIONAL · RECORD-SENATE FEBRUARY 14 Army and Navy, the United States and Canadian air lines and to the British representatives. All pilots' comments on this have been fa.vorable. The Canadian · Airline is particularly interested as they have the problem of snow removal and are of the opinion that the cross-wind landing gear may be worth while because only one runway would have to be plowed. The United States Army officers charged with airport construction were especially interested in the prospects of only having to build one strip because the runways for their big airplanes are excessively expensive. The Army pilots and our own pilots, who .are involved in allweather operations, have stated that the cross-wind landing gear is of great value during blind landings. After we had demonstrated it to the Sperry officials and pilots, the Sperry company ordered a set of similar wheels for their blind-landing Dc-3 airplane.
NORTHROP-PIONEER
An order was given to the Northrop company to design a cross-wind landing gear for their Pioneer airplane. Only enough money was available for engineering through the design and stress analysis stages, but the work. done by Northrop is of value because it contributed to the engineering art. It is hoped that their cross-wind gear will be installed on future Pioneer-type aircraft.
Increasing interest has been shown in the adoption of this type landing gear by both private and commercial flyers. At present the Goodyear Aircraft Co. has delivered more than 140 sets of cross-wind landing wheels for personal aircraft. Cessna airplanes have received most of these cross-wind undercarriages, but a few have been sold for Stinsons, Cubs, and Goodyear amphibians, all of which have passed their tests and have been approved by the CAA. Goodyear castering wheels have been installed experimentally on Aeronca and Beech Bonanza airplanes. Orders on hand have resulted in production go-ahead by Goodyear on 1,000 sets of crosswind landing gears for personal aircraft and 20 sets for Dc-3 air-line-type airplanes. Enclosed is a copy of the Goodyear report covering these installations.
I quote from a letter received from Mr. C. 0. Bell, manager, landing gear and flight operations departments, Aviation Products
·Division, Goodyear Tire & Rubber Co., dated January 6, as follows:
"We are going ahead obtaining approval on all the current light-plane production models of the various manufacturers and will be in a position this spring to supply cross-wind units to all manufacturers of light airplanes. We are in hopes that orders will start developing pretty rapidly because we now have quite a sizeable investment in this development."
In the Federal airport program our office of airports is favoring one-runway airports wherever possible, and not approving more than two runways except where traffic ·conditions so require.
1 As a result of the cross-wind landing-gear development, under CAA auspices, funds for
I which were provided by Congress largely through your efforts, I am happy to report that cross-wind landing gears are increasing the utility of airplanes. · ·
1 Sincerely yours, D. W. RENTZEL,
Administrator of Civil Aeronautics •.
1 SUMMARY REPORT ON CROSS-WIND LANDING GEARS BY JOHN H. GEISSE, CONSULTANT FOR CROSS-WIND LANDING GEARS1 AND LLOYD CHILD, AsSISTANT TO THE ADMINISTRATOR FOR PERSONAL FLYING DEVELOPMENT, OFFICE OF THE ADMINISTRATOR, CIVIL AERONAUTICS ADMINISTRATION, DEPARTMENT OF COMMERCE, :WASHINGTON, D .. c.
SUMMARY
1 The Civil Aeronaut~cs Administration inic~lated a~ i~v_estigation_<?!_~~~~.!P~~ of
cross-wind landing gears for airplanes in 1945. The objective of the program was to determine whether the safety and ut111ty of the airplanes could be increased and whether large savings could be made in airport construction costs by the use of such landing gears.
The program was carried out by the award of contracts to manufacturers in the aviation industry to design, construct, and test such undercarriages on airplanes ranging in s~ from the Piper Cub to the Douglas Dc-3 and including an airplane with a tricycle undercarriage.
This report covers the inauguration of the program, description of the modifications to · the first two airplanes: the Fairchild PT-19 and the Piper J-3 and the results obtained therewith.
It is concluded from these results that personal type airplanes can be economically modified to enable pilots to take them otr and land them across the wind with no more skill than that required for into-the-wind operations and with no more hazard and that the principle appears to be applicable to transport type airplanes.
Other advantages are noted and the opinions of some prominent aviat~on personalities who have flown these airplanes are given in support of the results reported and conclusions drawn. It is reported that in the tests the airplanes have been flown · by over 200 individual pilots.
Heretofore it has been considered necessary that airports be constructed with sufficient runways to enable the airplanes to be landed directly into the wind or not more than 22Y2 degrees from directly into the wind for all winds in excess of 4 or 10 miles per hour. The lower velocity was accepted practice up to 1944 and since then the higher velocity has been used.
These restrictions were made necessary by the high degree of pilot sk111 required to make successful landings with a cross-wind. This high sk1ll requirement was in turn due to the noncastering type of landing gear used.
The need of providing multiple runways to cover changes in wind direction has required the use of large areas for airports, thus greatly reducing the number of suitable sites available and materially increasing their initial cost and the cost of maintenance.
In 1946, the Congress passed the Federal Airport Act authorizing the appropriation of $520,000,000 of Federal funds to match State and municipal funds for the construction of new and improvement of existing airports. With the passage of the bill, the Federal Government acquired a prime interest in the costs of airports.
OBJECT
The objective of the development program, of which this report is a part, was to determine whether or not alterations could be made in the airplane· landing gears at a reasonable cost in dollars and pounds which would eliminate requirement of multiple runways to accommodate changes in the direction of the wind. ·
SCOPE OF THIS REPORT
This report covers the inauguration of the program and the results obtained with two personal type airplanes: the Fairchild PT-19 and the Piper J-3. Later reports wm be issued to cover modifications of the Ercoupe, the Bellanca Cruisair, the Beech AT-7, the Douglas DC-3 and the effect of this development upon commercial air transportation. All of the latter planes had ·successfully completed flight tests prior to the preparation of this report, but had not been subjected to the extensive service testing given to the Fairchild and Piper J-3.
CONCLUSIONS
1 . .Personal type airplanes can be constructed at a reasonable incre:lse in cost and ~~ig_~t ~.2. ;p.ake ~ po~sibl~ to ~and @_9. take
off across the wind with the same facility and safety as into the wind.
2. There has been no indication that the principle involved cannot be applied as readily to transport type airplanes.
3. The expressed opinions of well over 200 pilots who have flown either the Fairchild or th~ Piper have been universe.lly favorable and in most cases enthusiastic.
4. The number of close-in sites for the smaller airports (classes I, II, and III) which would be opened because of the smaller landing areas and the more limited approach areas which wo'..lld be required is a factor of major importance.
5. This same factor together with aircraft noise abatement would bring aviation within the reach of the potential private flyer in metropolitan areas where the largest unrealizect market for personal aircraft exists.
6. The cross-wind landing gear could also bring short haul commercial transportation to these metropolitan areas and to large cities which have a potential air transport market which, to date, has scarcely been touched.
7. Adoption of cross-wind landing gears would reduce pilot skill required for take-off and landing and hence would shorten pilot training time.
8. Adoption of cross-wind landing gears would materially reduce the number of landing accidents.
HISTORY
An undercarriage with castered wheels aiding cross-wind landings was described in the Pinaud patent of 1873. Again in 1910, the first cro~sing of the English Channel wcis made by a Bleriot airplane with a similar undercarriage and a United States patent was issued to Bleriot covering this undercarriage in 1911. Also, the earliest airplanes were equipped with the tricycle type undercarriage which incorporated main fixed wheels back of the center of gravity and a castered nose wheel. This type, as compared to later types, might also be termed a cross-wind landing gear. 1
Prior to the First World War, the castered and tricycle type undercarriages had been almost universally discarded in favor of undercarriages having two fixed wheels ahead of the center of gravity and a castered or steerable tail-skid or V-wheel. With the introduction of this type of undercarriage, ground loops due to landing in a drift became the principal source of landing accidents.
The Bureau of Air Commerce, the predecessor of the Civil Aeronautics Administration, reintroduced the tricycle gear in its small-plane development program in 1934. This led to its· adoption by the -military and transport air services. The Bureau also had started development of castered main wheels ahead of the center of gravity but the program was discontinued before its completion.
Prior to and during World War II, Mr. 0. W. Maclaren carried on developments in England using steerable main wheels which could be set by the pilot in flight to .accommodate drift landings. Mr. Maclaren was granted a United States patent on this type of undercarriage in 1940. In 1944 Piper Aircraft Corp. constructed ang tested two experimental cross-wind undercarriages on their J-3 airplane but then dropped the project.
In 1945, when it became apparent that the aircraft industry was not inclined to carry on further development work on undercarriages to facilitate cross-wind landing3 on its own initiative, the Civil Aeronautics Administration was given an ap-propriation of $150,000 , to foster such a development. In 1946 Congress reappropriated the unexpended balance and this was all obligated in fiscal 1947. .
:METHOD
It was decided at the start of the prograin that all of the development including design, cor:.struction, and- tests would be placed in the hands of the industry through develop-
1949 CON~RESSIONAL RECORD-·· SEN.~ TE 1171 ment contracts. It was also decided that these contracts should include a prov~sion that, if any patents resulted from the work under . the' con tracts, they would be assigned to the Government. · · ·
Contracts with individual inventors or others not in the aviation industry were not considered in the best interest of the program and none were granted. The reason for this was that the major objective of the program was not ~he development of novel
cross-wind landing gears but -that of ·deter.; mining the feasibility of the idea and- inter~ esting the industry in their adoption.
In line with this policy, the program was first called · to the attention of the Aircraft Industries Association with the request that they interest their members in the taking of contracts. When this failed to produce results, individual manufacturers· were requested to submit proposals and, as a result, contracts were awarded as fallows:
Contractor Date Airplane Amount
Fairchild Engine & Airplane Corp__________________ Feb. 8, 1946 Goodyear Aircraft CorP--------------···------------ May Zl, 1946 Firestone Aircraft Co_------------------------------ Dec. 19, 1946 All American Aviation, Inc__________________________ N,Iay 21, 1947 Bellanca'Aircraft CorP---------~------:·----~------- June 12,1947
Fairchild PT-19 __________________ _
Piper J-3--------------------------Ercoupe. ________ • _.- ••• -----•• ----Beech AT-7C ____________________ _
Bellanca Cruisair ----------------Northrop Pioneer_----------------
$8,413.42 22,885.00 12,000.00 35, ooo. oo·
Northrop Aircraft, Inc ______________________ ~---~-- June i9, 1947 5, 650.00
10,000.00 51,800. OQ Goodyear Aircraft CorP----------------------------- June Zl, 1947
Douglas DC-3.. __________________ _
TotaL. __ ----------------------------: ________ --------------- ------------------------------------ 145, 748. 42
An early decision to include the steerabletype main wheels developed by Maclaren was later abandoned due to the exceHent results obtained with the original castered gears and au of the above contracts cover castered gears.
Initial acceptance tests were conducted at the contractors' plants. Thereafter, the airplanes were brought to the Washington National Airport and made available for trial flights by both Government and civil pilots and for demonstrations to others interested. Thereafter, the airplanes were routed to the eight regiqns of the Civil Aeronuatics Administration for further testing and demonstrations under the supervision of the personal flying assistants to the regional administrators. These demonstrations in-· eluded demonstrations at various aviation meetings, and at the factories of aircraft ma,nufacturers. Forms were prepared ori which all pilots operating the airplanes could. make a record of their flights and give their experience with an opinion of the modificaUooL .
FAIRCHILD CONTRACT
The Fairchild Engine & Airplane Corp., Airplane Division, Hagerstown, Md., was awarded a contract to modify a Government-owned Fairchild PT-19 trainer in accordance with designs submitted by them.
The first modification consisted of providing an inclined kingpin ahead of the shock strut with hydraulic shimmy dampers and coil springs for centering. The springs were found insufficient to provide static stability and the propeller thrust was found insuf:!lcient to straighten the wheels from their maximum castered position. The design was then changed to include cams to provide the required static stability and centering force. A detailed description of the gear is provided in appendix I, page 9.
GOO~YEAR CONTRACT
The Goodyear Aircraft Corp. was awarded a contract to determine the practicability of using kingpins mounted within the wheel hubs for airplanes in which external kingpins could not readily be used. The con.: tract called for preliminary investigation on a rig which could be towed and subsequent construction and tests of an undercarriage on a Piper J-3 airplane. The Piper -Aircraft Corp. loaned a plane for the initial tests and the Government supplied a Piper L-4 for ·the final installation.
The towing rig first designed by Goodyear used inclined kingpins to secure the desired caster length. Two tests revealed th,at the static instability was such that the propeller' thrust would be insufficient to straighten the wheels from their maximum castered position. Then the rig was modified to include cams to secure static stability and centering force and the results of the tests were so encouraging that further tests of temporary gears were suspended and wheels incorporating kingpi?s ~n~_cams all within the wheel
hubs were constructed and tested on a Piper J-3.
RESULTS
1. The Fairchild PT-19 was landed and taken off by three different pilots in- a gusty cross wind with gusts up to 50 miles per hour. The· Piper has been taken off and landed by a number of pilots at different times with cross winds of 35 miles per hour. In all cases, the pilots reported that no dif· ficulty was encountered and that no special technique was required.
2. The Gooq_year gear is now being offered as alternate equipment on new airplanes and as replacement equipment by the $tinson Divi~ion of Consolidated Vultee Corp. and the Cessna Aircraft Corp. Other personal airplane manufacturers are currently considering similar action.
3. Of the approximately 200 pilots who have flown either the Fairchild or the Piper, none has given an adverse report on either landing or take-off characteristics.
4. Some, but far less than the majority, of the pilots who have flown the Piper have been moderately critical o.f its taxiing characteristics.
5. Only minor mechanical failures have been encountered on the Fairchild and none on the Piper.
6. Total increase in weight was 28 pounds on the Fairchild and 12 pounds on the Piper.
7. The Goodyear Aircraft Corp. has re-· ported that during their extended testing, they observed that the tire wear was noticeably less with the castered wheels than with conventional noncastered wheels.
8. The Piper wheels caster very freely due to low friction and a low degree of static sta· b111ty. As a result, the airplane taxied in a yawed attitude under the slightest provocation and was yawed to its maximum 25 degrees limit. by _medium cross winds and medium accelerations in turns. When yawed to the full extent, the minimum radius of turn against the yaw was quite large when using only the steerable tailwheel due to its limited stroke. However, sharp turns around either wheel could be readily accomplished by use of differential braking. This low degree of stability also permitted the wheels to toe in and -hamper movement when the airplane was pulled backward; although, this t~ndency could b~ eliminated by raising the tail high enough to provide a negative caster length. The Goodyear company later provided a .notched cam to restrain the wheels from toeing in when the airplane is pulled backward which has eliminated this difficulty.
9. The Fairchild gear had a pronounced tendency to hold whatever position it initially had due to friction in the kingpins. It therefore had a tendency to taxi just like any conventional airplane once the wheels were straightened. However, the wheels could be thrown over to full caster by a rapid turn; · and, thereafter, the airplane
could be taxied in the resulting yawed attitude without the wheels straightening. Out pn the field, this performance was not objectionable and had some advantages. However, when close to spectators or other airplanes, the high degree of propeller thrust required to ·return the wheels to neutral frolll fully castered position was objectionable. Changes in the cams and reduction of friction would eliminate the objection. The combination of high friction and high static stab111ty prevented the wheels from toeing in when the airplane was pulled backward;·
10. Most pilots were favorably impressed by the improved vision from the cockpit whe~ ~he airplanes taxied in a yawed attitude. This improved vision made zig-zagging unnecessary during taxiing.
11. There appeared to be a complete absence of any tendency for the upwind wing to rise in either airplane under any condi..; tions of operation.
12. Both airplanes were tried with and without steerable tailwheels. The majority of the pilots ma):ting the tests preferred the operation · with the combination of brakes and steerable tailwheel.
13. Shimmy was encountered with both airplanes when they were operated without shimmy dampers.
PUBLIC ACCEPTANCE
Comments on the performap.ce of these airplanes from a - few of those who have flown them or witnessed demonstrations have been as follows:
G. R. Price, Goodyear Tire & Rubber Co.: "Our own experience with the first wheel on the Piper J-3 has convinced us of the tremendous effect this type of landing wheel installation will have on the future of commercial as well as private aviation."
B. Allison Gillies, prominent private pilot and test pilot: "With the gear there is no special skill required for cross-wind landings and it will, therefore, add real utility to. an airplane for the inexperienced pilot and it wm save many repair bills."
·oliver L. Parks, president, Aircraft Sales and Service: "I was tremendously impressed with the demonstration-so much so that I have written both Northrop and Boeing suggesting that they take immediate steps to adopt it."
Roger Wolfe Kahn, prominent private pilot and test pilot: "It is undoubtedly one of the most important developments in' the ad· vancement of aviation."
Robert M. Love, president, All American Aviation, Inc.: "Landings were intentionally crabbed up to 20 degrees. Remarkable." - John W. Myers, vice president, Northrop Aircraft, Inc.: "Light wind, but attempted to simulate cross wind by skidding, etc. Results excellent. Castered gear on Cub actually helps taxiing."
J. B. Hartranft, general manager, Aircraft Owners and Pilots Association: "I thoroughly enjoyed the demonstration which resulted in making me a convert, and we shall do everything possible to assist the CAA in the further development of this project."
Crocker Snow, director of aeronautics for Massachusetts: "It has long been my opinion that this development is of primary importance to the future of personal flying, at least in this part of the world, and Friday afternoon's experience merely served to confirm this opinion."
T. H. Jordan, Wisconsin Aeronautics Commission: "Excellent. Wings level, no rudder required, excellent control, no swinging; castered gear should be placed on the market as soon as possible."
M. K. Hefty, Hefty Flying Service: "Perfect. Ideal for student training and small two-way fields."
Rex D. Penlong, chairman, San Francisco, A. 0. P. A.: "It is my belief that you have sh~wn us .the most outstanding single safety development in the history of the airplane."
1172 CON_GRESSIONAL RECORI)--SENATE rEBRUARY 1~
Rex Hardy, Jr., assistant to the vice president, N'trthrop Aircraft, Inc.: "The airplane was :flov.'ll for approximately 4 hours by 10 separate pilots who carried with them approximately 20 rear-seat passengers. All agreed that the principle of the castering landing gear could and should be applied to every ailplane in the private flying class, and that it would be very valuable to many types not included in this class. Tbe pilots, in particular, who approached the airplane with traditional reservations were united in ·their approval."
P. G. Robinson, proprietor, ~obbies Wheel Service: .. I am thoroughly impressed with the advantages this type gear offers, and believe that it is the greatest development in aviation since the end of the war."
DISCUSSION
The results obtained with the Fairchild and the Piper will be discussed only as they apply to personal type airplanes, leaving to later reports on the larger airplanes the discussion of the application to commercial fiying. .
First, t_t s}:lould be noted that the objective of this development program was to determine whether it would be practicable to construct airplanes for which it would be unnecessary to provide all-way fields. It w.as not intended that the Government should develop cross-wind landing ge~r designs for the industry.
The results obtained r.re considered ample proof that airplanes in this category can be so modified that cross-wind landings and take-offs can be made as easily, as safely, and with no more skill than into the wind landings· and take-offs.
The limited funds available for this project did not permit carrying on the development work which would be required to refine the design to secure maximum performance and to reduce cost. It should be possible to design cross-wind modifications for most of the airplanes now in service which could be sold at a price attractive to the airplane owners. -
The general principle, 1. e. castered main wheels with castering restraint, can be applied in many ways and the best way for one airplane could very well be entirely unsuited to another. The basic idea is very old, is not patentable, and the field Is wide open for the development of other designs. This development should be carried on by the industry.
Tbe major importance of the cross-wind landing gear is in its effect upon airport design and construction. A study of airport costs has indicated that substantial savings could be accomplished; the amount varying with the class of airport and terrain conditions.
The number of suitable sites for airports would be tremendously increased if only one runway were required and this in addition to the cost reduction would have a considerable effect on securing more accessible airports. More airports and more accessible airports have long been known to be essential in making personal flying more pleasant and more useful.
Another important advantage of the crosswind landing gear is in the reduction in pilottraining time which has been freely predicted by those familiar with both pilot training and with the performance of the crosswind undercarriage. This reduction can be realized only if the student intends to limit his flying to airplanes not sensitive to drift landings and drift landi.Iigs may occur without cross winds due to improper use of the airplane controls. However, some reduction 1Ilight be realized by initial training with a cross-wind undercarriage. This is indicated by the results of a rather extended pilottraining research program which showed that total training time for flying a three-control airp~ane with conventional undercarriage could be shortened by starting the training
tn a two-control airplane with a tricycle undercarriage. - · '
The third advantage' would be in a reduc .. tion in accidents. Close to 50 percent of all accidents in nonscheduled ·flying are landing accidents and it is estimated that well over 10 percent of these accidents would be eliminated with the adoption of the cross-wind landing gear. Forced landing accidents, which account for another 15 percent of the total, might be still more reduced by the greater latitude made possible in the choice of landing fields by eliminating consideration of cross winds. The improvement in safety with the cross-wind landing gear could be further increased by moving the main wheels further forward, which would be permissible With the great reduction in ground-looping tendency accomplished with castered wheels.
Some simplification of traffic control might result from the use of a single runway and, in locating airports close to communities, the traffic pattern would be made such that flying over the community would be entirely unnecessary either for landing or for take-off.
POINT 4 OF THE PRESIDENT'S INAUGURAL ADDRESS
Mr. LODGE. Mr. President, in his inaugural address, President Truman gave voice to what has been referred to as a new administration policy whereby aid in the form of American technical knowledge and the opportunity to utilize primarily private scientific skills would be extended to the underdeveloped areas of the earth on a basis of mutual assistance wherever fair conditions for their employment could be enjoyed. This has been referred to a.s point 4 in the President's message and has attracted much attention. In reality such a policy is novel only in that it gives broader scope to that spirit of cooperative help which took form with the implementation of the Marshall plan.
On January 26 the Secretary of State placed point 4 of the President's address in its setting as a part of American foreign policy. In doing so, he pointed out that there was ::-. great impediment to development in many countries where many people fail to understand the importance of being fair to private investors and he made it clear that proper conditions which would invite the flow of private capital should be created in the less developed areas of the world. Certainly if private investment is to be discouraged, the principal sufferers are the people of relatively undeveloped coun-tries. ·
In this respect, I am advised, the just and fair treatment of foreign invest- · ments in certain quarters in Latin America has for many years been a subject of grave concern. The United States has made many efforts to aid the LatinAmerican countries and for many years has been careful to refrain from interfering in the protection of its interests, although they were widely recognized as being legitimate.
In this connectien, I am told, it is striking to note that last April the Bogota Conference in approving chapter IV, which deals with the protection of private investments and the creation of conditions which would be favorable to the investment of foreign capital in Latin America, did so by the slim margin of one vote. And this vote came only after many of the Latin-American states had so weakened the measure as to' render i~
well-nigh ineffectual from the point of view of inducing the :flow of private cap-
. ital, safeguarding the investor, and then raising living standards in these coun-tries. · -· While, for the most part, the LatinAmerican countries have not directly participated in the European recovery program, they have. according to reports made to me, frequently made overtures to the United States :..or loans on a government-to-government basis, and in many instances such financial assistance has not been forthcoming because. according to the normal standards of sound banking, the risk could not be underwritten.
The general character of the language in which the administration's plan was proposed has, according to advices I have received, been a cause of great expectations on the part of Latin America. that there would soon be new programs of increased financial aid. Even though the Secretary of State, in his clarifying statement, has stressed the importance Of creating conditions for safeguarding the foreign investor, Latin Americans have, so it appears, continued to give & very liberal interpretation to point 4.
But it is to be noted that at the very same time that these expectations fiourish, the recent actions of certain of the Latin-American countries with respect to just and equal treatment, nondiscrimination, and the fostering of prjvate capital, might well, it seems to ine, disqualify them from any consideration at all under a plan such as the President proposed in his first message.
For example, it is reported that the Argentine Government's current unjustified attacks upon foreign interests in the Argentine runs counter to all normal concepts of international comity.
Certainly the foreign investor, according to all reports, is denied the comfort that his capital will be protected in Colombia where the compulsory arbitration of issues relative to American oil interests, the division of profits, and the expropriation of American-owned utilities are matters of common knowledge.
Another outstanding instance lies in the case of Guatemala, word of which has recently reached me. Here, a new code, supposedly writ-ten for the benefit of everyday citizens, has been devised and is interpreted so as actually to discriminatt! solely against the most extensively invested American enterprise in that country. This large American enterprise in Guatemala has also been denied lawful access to the courts, so I am informed, and is confronted with serious economic break-downs through actions which, I am informed, can be directly traced to Communist influences.
The many fine and responsible peop!e in Latin America should, it seems to me, realize that insofar as point 4 is concerned, actions speak louder than words. Unfortunately, Latin America is often considered as a who-le by people in the United States arid the overt acts of a few can disqualify those who actually do deserve assistance.
These conditions are well known and the State Department is sparing no effort to point out · to the responsible Qfiicial.S in ~tin America the jeopardy
1949 ~ONG~ESSIQNAL_ RECORD-SENATE ·1173 1n which they place themselves by certain of their policies. But since point 4 is now open for all the -world to examine and. the aid which it proposes is actually being anticipated, it is appropriate that we speak out beyond diplomatic channels in order that our neighbors in Latin America may be cognizant of that spirit of mutual partnership, cooperation, and responsibility which the good-neighbor policy implies.
I therefore ask unanimous consent that there be printed in the RECORD following my remarks the full text of the statement of the Secretary of State concerning point 4, which was made on JanuarJ 26. 1949.
The PRESIDING OFFICER <Mr. KERR in the chair). Is there objection?
There being no objection, the statement was ordered to be printed in the RECORD, as follows: TRANSCRIPTION OF EXTEMPORANEOUS REMARKS
BY SECRETARY OF STATE DEAN ACHESON, CONCERNING POINT 4 OF T~E PRESIDENT'S INAUGURAL ADDRESS, AT HIS PRESS CONFERENCE, JANUARY 26, 1949 .
First of all, I hope that you all understand the setting of point 4 in the President's inaugural address. It was one of four major courses of action which the President said would be carried out by his administration over the next 4 years, for the purpose of achieving the great objective which he talked about mainly i:h that address. That objective was to make clear in our own country and to all the world the purpose of American life and the purpose of the American system. That purpose is to enable the individual to attain the freedom and dignity, the fullness of life which should be the purpose of all government and of all life on this -earth except insofar as it may be a preparation for some other life.
The President went on to point out that the other theory~! the place of the individual in society-was not a modern theory, was not a radical or a new view, but was reactionary in the extreme. It is a view which goes back to the period before the Renaissance. It is a view which is founded on the basic idea that status is the governing factor in -life; that every person is born into the world in a position and that that person becomes a mere cog in a machine. That 1s a basically reactionary attitude and philosophy. It is not, as I say, modern. It is an attempt to crawl back into the cocoon of history. The American vJew of life is one which flows
·directly from the Renaissance and is one which says that the worth and dignity and freedom of the individual are the objectives
. of government. , Then the President went on to point out
courses of action which we were going to , take over t~e next 4 years to try to bring about that purpose of life, not" only in this country, but in any other country which wished our help and association in that effort. To me the essential thing about it is that it is the use of material means to a nonmaterial end. It is not that we believe that other people need or wish things for their own purpose merely to have these material objects. It is not that material objects in and of themselves make a better or fuller life, but they are the means by which people can obtain freedom, not only freedom from the pressure of those other human beings who would restrict their freedom, but help in the ancient struggle of man to earn his living and get his bread from the soil. That_is the purpose; that. is the objective of this program.
Now, the President was not announcing a projec~ to be completed within a few weeks or months. He was announcing in this, as in the other three respects, a long program
, t:Qr ~is a~ly,_~~~_ra_~ion _ ~j_}Y.~~P!E~!..~~ on
which much has been done in the p~st and on which more can be done in the future. The President pointed out that the United States has no monopoly of skills or techniques. Other countries have vast ~eseryoirs of skill. In almost every country there is some nucleus-of skill, some group of people whose technical abilities can be expanded with help from the outside. With ~11 of those people, the Pesident stated, we wish to work. He particularly stated that we wished to work through tlie United Nations and all those affiliated organizations which are associated with it. He pointed out that in so far as his program is successful and in so far as peoples in less developed areas acquire slcills, they may also create the conditions under which capital may flow into those countries. He did not say this was to be governmental capital and indeed, if the proper conditions are created, the reservoirs .of private capital are very great indeed. He pointed out that these must be two-way operations. There is abroad in the world an idea that there is a magic in investment. There is an idea that if every country can only have a steel mill, then allis well. There is a failure to understand that it is a long and difficult process to develop the skills which are necessary to operate many of these plants. There is sometimes failure to understand that plants should be located where the natural resources exist and not on purely nationalistic bases. There is also in many places a failure to understand that unless the· conditions are created by which investors may fairly put their money into that country, then there is a great impediment to development. It is no solution to say, "Well, the private investors won't do it. Therefore, governments must." So he pointed out that it must be a two-way street.
Now, as I say, much has been done in the past to try to make technological skill and advice available from the United States and from other countries, through the United Nations and through many of its organizations. All of those efforts can be brought together and intensified. The President pointed out that we are willing and anxious .to work with every country that wishes to really enter into a cooperative system with the rest of the world to this end and with every country that wishes to help other countries to develop.
Now, that is the broad background of the inaugural address. I have talked at some length about this because it seems to me important that it be put in its setting of American foreign policy.
INVITATION TO ATTEND DEMONSTRATION OF TACTICAL AIRCRAFT AT ANDREWS AIR FORCE BASE
Mr. MYERS. Mr. P~esident, the Secretary of the Air Force, the Honorable Stuart Symington, desires to extend to the Members of the Senate an invitation to attend a display and demonstration of tactical aircraft which has been scheduled to be held on February ·15, 1949, at the Andrews Air Force Base.
The presentation will show the progress made by the Air Force in the field of combat aviation since the beginning of World War II.
Transportation for those Members of the Senate who may wish to attend will be on hand at the Senate Office Building at 2 o'clock in the afternoon. The presentation will be concluded at 4:45, at which time return transportation will be available.
It will be appreciated if those Members of the Senate who wish to attend-will be kind enough to advise the Senate Armed Services Committee to that effect and if ~f!~;y:j:.u}_ ~-m~R..~~t_wttb tJ;le
members of that committee in the committee room, 212 Senate Office Building, at 2 p. m., February 15. RELIEF OF CERTAIN STORM-STRICKEN
AREAS
Mr. LANGER. Mr. President, during the Eightieth Congress, bills were introduced to provide aid for Greece and Turkey in the total sum of $625,000,000. As I remember, the bills were passed almost unanimously. I was one of the few Senators who voted against them.
· At that time I stated my reasons. I said, among other things, that nearly one-third of our population was underclothed and undernourished; our teachers were not getting enough money; there was a need of Federal aid to education, for public health, and so on.
Today, I have been informed by Mr. Seward, of the Federal Works Agency, that all through the Middle West not only have people died as a result of the cold and the blizZards, but literally mil-
. lions upon millions of dollars' worth of sheep and cattle are dead. In the State of Nevada, according to the senior Senator from Nevada, roughly, one-third of all livestock have perished.
I am introducing a bill providing for an appropriation of $150,000,000. It is not an ordinary disaster loan. In fact it is not a loan at all. Last night, ove~ the radio, Eric Johnston said we ought to guarantee loans made by Americans in foreign countries. It seems to me if we are going into the business, as we have done during the past few years, of practically guaranteeing some of the loans, we should be willing to make good the losses of some of our own people here in America. Certainly it is not the fault of the stockman, farmer, or rancher when the blizzards suddenly come upon him and he is wiped out. I may say that telephonic inquiry develops the fact that the blizzards are today worse than ever.
The bill I am introducing provides that these losses sh_all be paid in full by the Government, so that a man, for example, who through the years saved his m~ney and finally gathered together a herd of cattle or sheep, will not suddenly become bankrupt because of an act of God such as that which has occurred within the past few days.
I have discussed the bill with other Senators. I ask unanimous consent out of order to introduce the bill. If other Senators want to join me in sponsoring it, I shall be glad to have them do so; or if some other Senator wants to sponsor it, I shall be very glad to join with him.
There being no objection, the bill (S. 963) to provide for determination and payment · of losses sustained by individuals as a result of recent storms in the Western and Middle Western States, introduced by Mr. LANGER, was received, read twice by its title, and referred to the Committee o_n the Judiciary.
ISRAEL AN ACTUALITY
- Mr. MYERS. · Mr. President, although the headlines and. the news stories from day to day have been alternately hopeful and pessimistic on the outcome of
-J?.~~otJ!!-B~~~ _!n ~P:_e ~~!: .. ~~~to.~r Israel.
1174 CONGRESSIONAL RECORD-HOUSE FEBRUARY 14 the fact remains that Israel is now an actuality. It exists; it functions; it wili endure. ,
I am indebted to Mr. Seymour Staimanf secretary of the Williamsport-Sunbury district of the Zionist Organization of America, for a very kind letter in which, on behalf of his organization, he expresses the thanks of his group for what he terms ''a quite satisfactory ending" in the Israel saga, and adds:
The United States policy on Israel has, of course, been perhaps the major factor in effecting this satisfactory ending.
I think men of good will everywhere will readily concede that the forthright position of President Truman on this issue has been one of great courage and great humanity, and I am glad to have this expression from a Pennsylvania leader in the Zionist cause in grateful acknowledgment of the United States position in behalf of decency in the Near East and justice for a great cause.
As Mr. Staiman exQressed it further, "This is a great moment in history for those of the Jewish faith." In my reply to his gracious letter, however, I emphasized that it is not only those of Jewish faith who consider the successful emergence of this new nation "as a great moment in history."
I ask unanimous consent that Mr. Staiman's letter be printed in full at this point in the RECORD.
There being no objection, the letter was ordered to be printed in the RECORD, as follows:
WILLIAMSPORT-SUNBURY DISTRICT, ZIONIST ORGANIZATION OF AMERICA,
Williamsport, Pa., January 22, 1949. Senator FRANCIS· J. MYERS,
Senate Office Bui lding, Washington; D. C.
DEAR SENATOR MYERS: As the situation in Israel seems to be heading for a quite satisfactory ending, we find time to thank those who helped make this possible.
The United States policy on Israel, has, of course, been perhaps the major factor in effecting this satisfactory ending. And we wish to express our appreciation to you for yo~ excellent efforts on our behalf. We know full well that when the support of others was no more than double-talk, your support was 1n action. ·
This is a great moment in history for those of the Jewish faith. We wish to thank you from the bottom of our hearts for helping to m ake it possible.
Very sincerely yours, SEYMOUR STAIMAN,
Secretary, Williamsport-Sunbury District Zionist Organization of America.
LEGISLATIVE PROGRAM
Mr. WHERRY. Mr. President, may I inquire of the acting majority leader to what time tl:ie Senator proposes to have the Senate adjourn or recess?
Mr. MYERS. To Thursday. Mr. WHERRY. Will the acting ma
jority leader state what legislation he expects to have brought up at that time?
Mr. MYERS. Exactly what the situation will be I do not know. I do not be .. Iieve there wili be anything on the calendar. The cotton acreage report may be brought up.
Mr. WHERRY. Is that all the acting majority leader feels might c6me up fo( consideration on Thursday?
Mr. MYERS. l'hat is correct.
Mr. WHERRY. I thank the acting majority leader for the information.
EXECUTIVE SESSION
Mr. MYERS. I move that the Senate proceed to the consideration of executive business. ·
The motion was agreed to, and the Senate proceeded to the consideration of executive business. ·
EXECUTIVE MESSAGES REFERRED
The PRESIDENT pro tempore laid before the Senate messages from the President of the United States submitting sundry nominations, which were referred to the appropriate committees.
<For nominations this day received, see the end of Senate proceedings.) EXECUTIVE REPORTS OF A COMMITI'EE
The following favorable reports of nominations were submitted:
By Mr. McCARRAN, from the Committee on the Judiciary:
Frank C. Bingham, of Alaska, to be United States attorney for division No. 2, District of AlaEka;
Harry 0. Arend, of Alaska, to be United States attorney for division No.4, District of Alaska;
George L. Grobe, of New York, to be United States attorney for the western district of New York;
Alfred J. Plowden, Jr., of South Carolina, to be United States marshal for the eastern district of South Carolina; and
Kehoe C. Shannon, of Texas, to be United States marshal for the western district of Texas.
The PRESIDENT pro tempore. If there be no further reports of committees, the clerk will state the nomination on the Executive Calendar. ·
The Chief Clerk read the nomination of John Monroe Johnson, of South Carolina, to be reappointed as an Interstate Commerce Commissioner for the term expiring December 31, 1955.
Mr. WHERRY. Mr. President, reserving the right to object, may I inquire whether the report on this nomination was unanimous?
Mr. MYERS. I understand it was a unanimous report.
Mr. WHERRY. I have no objection. The PRESIDENT pro tempore. With
out objection, the nomination is confirmed, and, without objection, the President will be immediately notified.
ADJQURNMENT TO THURSDAY .
Mr. MYERS. Mr. President, if there be no further business to come before the Senate, I move, as in legislative session, that the Senate adjourn until next Thursday at noon.
The motion was · agreed to; and (at 1 o'clock and 53 minutes p. m.) -the Senate adjourned until Thursday, February 17, 1949, at 12 o'clock meridian.
NOMINATIONS
Executive nominations received by the Senate February 14, 1949:
DEPARTMENT OF STATE )!:rnest A. Gross, of New York, ~ow ~g~l
tC;~vtser of the Department of State, to be an Assistant Secretary of State.
DEPARTMENT OF THE NAVY John Theodore Koehler, of Maryland, 'to
:be Assistant Secretary of the Navy_:.
Dan A. Kimb~ll, of California, to be Assistant Secretary of the Navy for Air.
.. UNITED NATIONS Stuart A. Rice, of Virginia, to be $e rep
resentative of the ·united States of America. on the Statistical Commission of the Economic and Social Council of the United Nations for a term of 3 years (reappointment).
Philip M. Hauser, of Illinois, to be the representative of the United States of America on the Population Commission of the Economic and Social Council of the United Nations for a term of 3 years (reappointment).
Arthur J. Altmeyer, of Wisconsin, to be the representative of . the United States of America on the Social Commission of the Economic and Social Council of the United Nations for a term of 3 years (reappointment).
CmCUIT JUDGE Walter L. Pope, of Montana, to be circuit
judge of the United States Court of Appeals for the Ninth Circuit, vice Hon. Francis A. Garrecht, deceased.
IN THE NAVY The following-named officers for tempo
rary appointment to the grade of captain in the line of the Navy: Francis M. Bardwell Raymond W. Johnson Charles E. Briner Warren W. J ohnson Richard R. Briner Franklin D. Karns, Jr. Leonidas D. Coates, Jr.Charles B. Martell Arthur B. Dickie , Frank P. Mit chell, Jr. Thompson F. Fowler Rober\. L. Moore, Jr. William E. Gentner, Jr.William T. Nelson Donald W. Gladney, Jr.Richard M. Nixon George H. Hamilton Robert J. Ramsbotham John T. Hayward Charles M. Ryan Joseph A. E. HindmanRichard T. Spofford . Albert E. Hindmarsh Marlon C. Thompson James H. Howard Harold F. Traml. WilliamS. Howard, Jr.John K. Wells Carl A. Johnson Ralph E. Westbrook FrankL; Johnson··
CONFIRMATION
Executive nomination confirmed by the Se~ate February 14, 1949:
INTERSTATE COMMERCE COMMISSION John Monroe Johnson to be an Interstate
Commerce Commissioner for the term expiring December 31, 1955.
HOUSE OF REPRESENTATIVES MoNDAY, FEBRUARY 14,1949 -
The House met at 12 o'clock noon. The Chaplain, Rev. James Shera Mont
gomery, D. D., offered the following prayer:
Blessed Lord and Shepherd of our souls, give us brave and stout hearts, conscious of Thy wise direction. We are aware that trials an<l difficulties may await us ere the day is over, yet we would not bemoan our duty.
Grant that we may meet the c:hallenge · Qf any just appeal without prejudice or the spirit of retaliation. 0 keep us openminded, and let us feel the tides of emotion and broad understanding, that will Q.efeat the hazards of disunity and failure. We pray in the name of Him who spake as t~e Son of Man. Amen.
The Journal of the proceedings of Thursday, February 10, 1949, was read ~nd a};?l?~.~v~q. .•