1924 CONGRESSIONAL RECORD-_ SENATE ·6599 • Bv Mr. CABLE: A blll (H. R. 8737) granting a pension to

John Stephens; to the Committee on Invalid Pensions. . By :Mr. FREEMAN: A bill (H. R: 8738) granting an increase

of pension to Marion L. Tyler; to the Committee on Invalid Pensions. ·

SENATE FRIDAY, April '18, 19f34

(Legisl0tti1Ve da-y of Thursday, April 10, 1924)

, By Mr. FULLER: A bill (H. H.. 8739) granting a pension to The Senate met at 12 o'clock meridian, on the expiration of Mary E. Gooc1sell; to the Committee on Invalid Pensions. the recess. ·

By 1\lr, GIFFORD: A pill (H. R. 8740) for the relief of the Mr. CURTIS. Mr. President, I suggest the absence of a estate of Charles M. Underwood; to the Committee on Claims. quorum. ~ <

By l\lr. GILI.li:JTT: A bill (H. R. 8741) for tJ1e relief of Flora The PRESIDENT pro tempore. The Secretary will call the M. Herrick; to the Committee on Naval Affairs. _ roll. .

. Hy Mr. GRAHAM of Illinois: A bill ( H. R. 87 42) granting · The principal clerk called the roll, and the following Senators an increase of pension to Helen L. Huff; to the Qommittee on answered to their names: · InYalid Pensions. · 1 Adams Fess McCormick

By Mr. GRIFFIN: A bill (H. R. 8743) granting an increaSa ~!~ard ~~-~~l~~r ~i~~r!l~~ of pension to Thomas L. Reilly ; to the Committee on Pensions. Brandegee George l\IcLean

B~,._ Mr. KENDALL: A bill (H. R. 8744) for t:qe_ relief of Bronssa~·d Gerry McNary Andrew J. Henry; to the Committee on Claims. I ~~~ce . Gooding Mayfield

Also, a bill (H. R. 8745) granting a pension to John Showman; I caui1~~ ~!~~is - ~~i~ck to the Committee on Invalid Pensions. Capper Harrison Norris

Also, a bill (H. R. 8746) granting a pension to Lloyd Show-18~ftaway }j~~cll 8~~iuan man; to the Committee on Invalid 'Pensions. Copeland Johnson, l\Iinn. Pepper

By Mr. LEA of California: A bill (H. R. 8747) to authorize I Cummins Jones, N. l\Iex. Phipps the restoration of Lieut. Commander Godfrey L. Carden, now a I Eu~tis Jones, Wash. Pittman lieutenant commander on the retired list, to the active list of nfa. el.K Keenyedsrick Ralston Reed, Pa. the United States Coast Guard, in the grade of lieutenant com- Edwards King Robinson mander; to the Committee on Naval Affairs. Fe~~.ald Ladd Sheppard

Shipstead Shortridge Simmons ::;mith Smoot Spencer· Stanfield Stephens Sterling Swanson 'l'rnmmell Underwood Wadsworth Walsh, Mass. Walsh, Mont. Warren Weller Willis

13v Mr. PATTERSON: A bill (H. R. 8748) granting an in- Feins Lodge Shields crease of pension to Margaret Barton· to .the Committee on In- l\lr. CURTIS. I wish to announce that the Senator from valid Pensions. ' Wisconsin [Mr. LENROOT] is absent on account of illness, and

By Mr. REECE: A bill (H. R.· 8749) to correct the military that the .Senato~ fr~m In~iana [Mr. WA.Tso~] is absent be­record of Tennessee McCloud; to the Committee on :Military cause of illness .m Ins family, I ask that tins announcement Affairs. . may stand for the day.

By Mr. SITES: A bill (H. R. 8750) granting an increase of I was requested. to an~ounce that ~he Se~ator from. Io~a pension to Mary A. Bowman· tO the Committee on Invalid [Mr. BROOKHART] is attending a hearmg before a special m-Pensions. ' vestigating committee of the Senate.

By Mr. TILSON: A bill (H. R. 8751) for the incorporation of The PRESIDJf1NT pro tempore: Seventy-five Senators have the American Psychological Association; to the Committee on answered to their names. There is a quorum present. the Judiciary. MESEAGE FROM THE HOUSE

By Mr. WILSON of Indiana: A bill (H. R. 8752) granting an A. message from the House of Representatives, by Mr. Chaf-increase of pension to Cornelia Kennett ; to the Committee on fee, one of its clerks, announced that the Speaker of the Invalid Pensions. House had signed the enrolled bill (H. R. 6815) to authorize a

PETITIONS, . ETC. temporary increase in the Coast Guard for law . enforcelll.ent,

'and it was thereupon signed by the President pro tempore. Under clause 1 of Rule XXII, petitions and papers were laid PETITIONS AND MEMORIALS

on the Clerk's desk and 'referred as follows: Mr. JONES of Washington presented memorials of the Ladies' 2-145. By Mr. FULMER: Petition of 15 members of the Aid Society, Trinity Methodist Episcopal Church of Port Town­

Woman's Christian Temperance Union, of Bishopville, S. C., send; of sundry citizens of Clear Lake and of Bow, Skagit protesting against any legislation modifying the Volstead Act, County, all in the State of Washington, remonstrating against either by permitting the ·sale of wines and beer or by permitting amendment of the so-ca1lecl Volstead prohibition act so as to the alcoholic content to be increased in any liquids intended legalize the manufacture and sale of light wines and beers, as beverages; also · indorsing a li!Jeral ;appropriation for the which were referred to the Committee on the Judiciary. enforcement of the said Volstead Act; to the Committee on Mr. FLEJTCRER presented 14 petitions of sundry citizens of

, the Judiciary. West Palm Beach, in the State of Florida, praying for the 2446. By Mr. GALLIVAN: Petition of Eastern Clay Goods pnssage of drastically restrictive immigration legislation, with

Co., Boston, Mass., recommeuding early and favorable con- quotas based on the 1890 census, which were referred to the sideration of H. R. 4830 and H. R. 6983, which provide for Committee on Immigration. the protection ot our forests; to the Committee on Agriculture. Mr. McKINLEY presented a memorial of sundry citizens of

2447. Also, petition of Mr. an·d Mrs. John F. Curran, 49 L Ohicago and vicinity, ·in the State of Illinois, remonstrating Street, South Boston, Mass., recommending favorable consid- against the inclusion of a 10 per cent tax on radio apparatus, eration of the Dill radio bill; to the Committee on the Merchant sets, and parts; in the pending tax reduction bill, which was Marine and Fisheries. · · referred to tbe Committee on Finance. · 2448. Also, petition of the New EJngland Flour Co:, Boston, Mi'. CAPPER presented a telegram nnd· papers in the nature Mass., protesting against passage of the McNary-Haugen bill; of memorials from . the congregation of the United Presbyteriln to the Committee on A.gricultm:e. Church, of Eslrridge; members of the Monthly Meeting of · 2449. By Mr. PATTERSON: Petition of Oak Tree Chapter, Friends, of Liberal; and sundry members of the Woman's

Daughters of the American Revolution, Salem, N. J., indorsing National Committee on Law Enforcement of Clay Center, all Senate Joint Resolution 64, proposing to change the name or in the State of Kansas, remonstrating against the passage of Mount Rainier to Mount Tacoma; to the Committee on the legislation modifying. the so-called Volstead · prohibition act so Public Lands. as to legalize the sale and manufacture of light wines and

2450. By Mr. SITES: Petition of Keystone Lodge, No. 1070, beers, which were referred to the ·committee on the Judiciary. International Association of Machinists, Harrisburg, Pa., urg- Mr. ROBINSON presented a ·telegram in the nature of a ing the early enactment into law of the Howell-Barkley bill memorial from W. 0. Hudson. of Pine Bu:tt, Ark., remon­( S. 2646 and H. R. 7358) to provide for the expeditious and strating against the passage of the so-called Howell-Barkley prompt settlement, mediation, conciliation, and arbitration of railway labor bill, or against any amendment to the transpor­disputes between carriers and tlleir employees and subordinate tation act, which was referred to the Committee on Interstate officials; to the Committee on Interstate and Foreign Com- Oommerce. merce. · He also presented telegrams in the nature of memorials from

2451. Also, papers to accompany H. R. 8704, for the relief of C. F. Holl-and, manager of the Board of Commerce, M. D. L. Charles Webster Buck; to the Committee on Military Affairs. I Cook, the Southern States Coa::. 0o., and Fred W. Allsopp, all

2452. By Mr. YATES: Petition of" 1\fr. Warren D. Bruner, of of · Little Rock, Ark., remonstrating . against the repeal or Chicago, favoring the passage of the Johnson immigration amendment of the transportation act of 1920, wllir:h were bill: to the Committee on Immigration and· Naturalization. referred to the Committee on Interstate Commerce. '

CONGRESSiffNAL ltEOORD-SENATE APRIL 18

Mr. WILLIS presented a resblutfon of the Chamber of Com­merce of Youngsto.wn, ·o)lio, . protesting ag~inst the passage of legislation repealing or amending ·the transportation act of 1920, which was referred to tbe f)ommittee on IJtt;erstate Com-merce. ·

He also presented a resolution of the Ctty 'Commission of Sandusky, Ohio, protesting against the passage of the ~o-called Hull blll, authorizing the diversion of a conslderalfle volume

, of water frpm Lake Michigan into the Chicago Drainage .CanlJ.]., etc., which was referred to the Committee on Commerce.

He also presented a resolution adopted by the industrial assembly of the Goodyear Tire & Rubber Oo. (representing

. : 12,000 employees of the company), of Akron, Ohio, favoring the passft.ge of the so-called Johnson restrictive immigrat~on bill, which was referred to the Committee on Immigration.

Mr. HARRIS. I . present a resolution which was adopted 1by the Albany Chamber of Oommerce, of Albany, Ga., lrelatiye : to the amendment proposed by Senator Sml!ONS to the pend­[ 1ng immigration bill, which I a.sk may be referred to the Com-mittee on Immigration and placed in the RECORD. · ·

There being no objection, the resolution was referred to t;lle Committee on Immigration and ordered to be printed in the RECORD, a.s follows :

THB A.LB.A.NY ClIAMBmt OJI' COMMERCE, · A.Z'bany, <Ja.1 A.prU 15, 19Z.t,.

ll.'o the CONGRESS OF THE UNITED STATES, WasMnuton1 D. 0.:

Whereas the settlement ol the unoccupied agricultural acres in Georgia and the South represents a problem the solution of which would mean rapid development nnd 1nc.rens.il1g wealth besides fur· nisbing opportunitJ' for employment la a benefl.ci1~.l way to thou­sands seeking permanent homes and firesides; and

, Whereas there ore but two sources from which de&lrable settlers Ca.JI. be drawn: (a) From other sections ef the U'nited States, (b) ' from foreign countries ; and

·wIJerens grantmg that nntlve farmers or foreign-born farme-rs of former immigration. recognizing . the opportunity presented and the additional advantage o! a climate sate from the rigorous winters of the Middle West and Northwestern States are turning from the high-priced lands in their sections to reinvest in the lower-priced and more productive lands 1n the South, their migration must in· a measure mean a ~oss to that part of our common country from whlc1t they come ; nnd

Whereas in the Netherlands, Norway, Sweden, Denmark, and other countries there ls a most desirable class of Belected, clean-blooded esricultural settlers looking for just such opportunities as the South presents it proper proT11le>ns ar:e made for admitting them into the United States : The:Mlore, be It

ll6B01)(td bt1 the OluwWer of Commeros Olf Albang, <Ja., That tbe Congress of the United States 1s hereby petitioned and requested to provide, in the pending immigration bill, for the admission of certain selected desirable agricultural iminigrants without regard to the prescribed national quotas, under proper safeguards, to go t.o desJgnated localities hi. the United States where. they a:re wanted and where adequate prffisloDS have been made for their reception and settlement (111 farms. under proper supervision ancJ protection 'against exploitation: Be 1t further

Reaol'l>d, TH.t this petition. be f.orwarded to the Senate and House , of Representatives ol t:he United States and that copies be sent to 'eaeh of the Senators and Repreeeutatives from Geor_gia wttll the TeQuest that they urge an amendment to said Immigration bill em­bodying the exemption under the restrlctlo:us mentioned, and use tbeii in1luence and o.dea.vora to secure tta favorable adoption.

ldopted .April 14, 1924. R. E. L. NIEL,

8ecr6far71-Ma1M{IM Aloon11 (Ga..) Ohcmber oJ Oommet'os.

REPORTS OF COMMITTEES

Mr. STEPHENS, from the Committee on Claims, to which ':was referred the bill (H. R. 4647) for the relief of the Under­wood Typewriter Co. and Frank P. Trott, reported it without; amendment and submitted a report (No. 416) thereon.

l\Ir. :MAYFIELD, from the Committee on Claims, to which ;wau; referred the bill (S. 2124) for the relief of Perley Morse & Co.~ report.ed it with an amendment and submitted a report :<No. 417) thereon.

Mr. BRUCE, from the Committee on Claims, to whicll was referred the bill (S. 698) for the relief of the Great Lakes Engineering Works, reported it without amendment and sub­lplitted a report (No. 418) thereon.

Mr. SPENCER, from the Committee on Claims, to which was referred the bill ( H. R. 6012) to confer jurisdiction upon the Court of Claims to ~rtain the cost to the Southern

Pacific Co., a corporation, and the amounts expended by it from December 1., 1906, to November 30, 1901, in eloslng and c~ntrolling the break ' in the Colorado River, and to render judgment ' therefor, as herein provided, reported it wlth<l>ut amendment and submitted a report (No. 419) thereon. ~

Mr. BAYARD, from the Committee on -Olalms, to which were referred ·the following bllls, reported them each without amendment and submitted reports tberoon:

A blll {S: 1975) !or the relief of the Commercial Union Assnrance Co. (Ltd.), Federal Insuranee -Oo., American & Foreign Marine Insurance Co., Queen Insntance Co. o:f America, Fireman's Fund Insurance Oo., United States Lloyds, and the St. Paul Fire & Marine Insurance Co. (Rept. No. 420); and

A bill ( S. 1976) for the relief o;f tl,le Commercial Union Assurance Co. (Ltd.), Federal Insurance Co., American & For~lgn · Marine In~mrance Co., Queen Insurance Oo. of ' Ameriea, · Fireman's Fund Insurance Co., St~ Paul Fire & Marine Insurance Oo., and the United States LloydB (Rept. -No. 421). ''

Mr. WAD SW ORTH, from the Committee on Military A.t­fairs, to which was referred the bill ( S. 2922) to authorize the President to reconsidel' the case of Frederic 'K. Long, and to· reappoint him a captain 1n tM Regular Army, reported It with­out amendment and submitted a report (No. 422) thereon.

Mr. CAMERON, from the Committee on Mllltary Mrairs, to · which was referred the bill ( S. 2035) for the relief of Albert O. Tucker, reported it without amendment and submitted a re­port (No. 423) thereon.

Mr. LODGE, from the Committee on Foreign Relations~ to which was referred the joint resolution ( S. J'. Res. 104) request­ing the President to lnv1te the Interparlimnentary Union to meet in Washington Oity in 1925, and· authorizing an approprlation to defray the expenses of the meeti~, . reported it without · amendment and submitted a report (No. 425) thereon. ·

Mr. LADD, from the Commtttee on Commer~. to wbich was referred the bill ( S. 3025) to autl10rize the construction of a bridge across the Oostanaula River in Gordon County, Ga., re­ported it with amendments and submitted a report '(No. 424) thereon.

BILLS INTRODUCED

Bllls were introduced, read the first time, and, by unanimous consent, the second time, and referred as follows:

By Mr. ROBINSON: A bill (S. 3116) to· authorize tbe Choctaw, Oklahoma & Gulf

Railway Co. and the Chicago., Rocle 'Island i& Pacific Railway Co. to construct a bridg-e across the W.hlte River, near the city o.f De Valls Bluff, Ark.; to the Committee an Commerce.

A bill (S. 3117) to permit rural letter carrie.re to aet as· agents or solicitors outside of their hours of employment ; to , the Committee on Po.st Offices .and Post Roads.

By Mr. FERNALD: A bill (S. 3118) to authorize the Rock Creek and P-otomac

Parkway Commission . to dispose of certain parcels of land ; to the Committee on Public Buildings and Grounds.

By Mr. SHIELDS: A bill . ( S. 8119) granting a pensiml to Sallle E. Pyle; to

the Committee on Pensions. By Mr. GEORGE: A blll ( S. 3120) to extend the benefits of the United States

employees' compensation act of Septembe.r 7, 1916, to Alberta Sisler Sauls; to the Committee on Claims.

By Mr. STERLING: A bill ( S. 3121) for tbe relief of Alfred Sjostrom ; to the

Committee on Claims. By Mr. McNARY: A bill (S. 3122) for the relief of the estates of Edwin G.

Scott, Clyde R. Dindinger, and Ralph :a. Fraley ; to the Com­mittee on Claims.

JESSEL. MEEKS

On motion of Mr. CAPPER, the Conimittee on Claims was dis­charged from the further consideration of the bill (H. R. 2607) for the relief of J'esse L. Meeks, and it was referred to the Committee on Military Affairs.

MUSCLE SI;IOALS Mr. NORRIS. Mr. President, I ask unanimous consent to

have inserted in the REcom> three short articles on the Muscle Shoals proposition, one written by William Hard, one by C. F. A.dams, and one by Edwin Dakin, which appeared in the Nation for Marcil 26, 1924.

The PRESIDENT -p1·0 tern.pore. Is there objection? !I'he Ohair h~are none, and it is so ordered.

II'b.e articles' refel!l'ed to are u follows: u

1924 CONGRESSIONAL RECORD-SENATE 6601 [From the Nation, March 26, 1924]

HENRY FORD--MAN on SUPERMAN?

(By Edwin Dakin) From the· beginning of written history to the exile of Napoleon the

destiny of ambitious men depended largely on the amount of man power they could bring under their control. They were uniformly successful In p1·oportion to the size and efficiency of the army of toilers they could assemble. With the discovery in the last century of generated mechnnlcal power that condition swiftly changed. The ruler of to-day is not the man who owns human labor. He ls the man who owns or monopollzes such natural forces as coal, oil, and waterfalls.

Within the next few weeks another Napoleon ls planning to be born. He will control one-third of all the undeveloped water power in that

southern section of the United States which is known as the "super­power area." Comprising nine States with a population of 18,000,000, the area centers at Muscle Shoals, Ala., where the Tennessee River drops suddenly many feet on its way to the sea. He will control this power for hls own personal use, unregulated by public-utility laws or the Federal water power act, as the usual public-utlllty corporation ts controlled. Only one other step is necessary for his final appoint­ment-and th-3 appointment of bis heirs for 100 years-as czar: That is the formal acceptance by the Senate of the majority report of the Committee on Military Affairs. This report recommends that the offer of Henry Ford for the Muscle Shoals property be accepted. The Mc­Kenzie bill embodying that acceptance has already been passed by the Honse. It may be hoped that In the rush of other scandals the blll may be allowed to die of procrastination in the Senate without reaching a vote. If a vote ls taken, its passage seems assured.

Mr. Ford's ot'l'er is less than that of some of the competing bidders. He also refused, if his ot'l'er was finally accepted, to be governed by those restrictions of the laws which relate to the use of water power for the public benefit, and which would apply to any other bidder who was given the property. Despite these facts, the House accepted the Ford offer by an overwhelming majority. This means that for the first time since the Federal water power act was passed, limiting power grants to 50 years. Congress has dared to invalidate that law.

This strange situation is made possible for two reasons: First, the country bas very little idea at this time of the almost inestimable future value of the southern superpower area; second, neither the average citizen nor the average Congressman is aware of the enormous amount of propaganda which has been financed in behalf of the Ford offer. Mr. Ford himself, possibly, is not fully conscious of these things. It is probably true that he has little capacity for mental analysis and an immeasurable amount of almost uncanny intuition. He looks; subconsciously he feels; he knows. Such a theory at least explains with fewer contradictions than any other the strange ensemble of re­actions that go to make up the Ford character: His ungovernable tem­per ; his suave public exterior; his fantastic "peace ship" idealism; bis coldness to all charitable appeal; his distrust of the individual; his subtle love of mob acclaim ; bis belief in impracticable and impossible economic nostrums ; his unerring judgment as regards his own busi­ness welfare; the hunger for domination which has made him the most powerful capitalist in America. to-day.

Those who bow down to the Ford shibboleth do not yet recognize the exteut of this power complex, if such it can be called. Mr. Ford to-day owns coal mines, whole forests, lumber and pulp mills, railroads, cotton-converting · facte>ries. The plants where he actually assembles automoblles are probably the smallest part of his interests. It is quite true that the ownership of the . sources of all his raw materials helps him to sell a finished product cheaper-as long as he desires to sell at the cheaper price. It is equally true that an absolute monarch, if he has the desire, can operate a country more efficiently than can a repub­lican form of government. Unfortunately humanity has discovered that it can not depend on the permanence of the philanthropic desire to pass on to the public the benefit of this efHciency or saving. After the power of an individual passes a certain varying limit there is always deYeloped a point of decreasing return, as far as benefit to the masses is concerned. This is true both of kaiser and capitalist. Inarticulate recognition of this truth accounts for the imposed restraints both of magna chartas and of antitrust laws.

We are not concerned here with the question of how long Mr. Ford intends to pass along to the public the savings he makes in automobile manufacture. The interesting point is that Mr. Ford is no longer con­tent to manufacture only automobiles and gather in the millions at­tendant thereon. He has long been looking for other fields to conquer. He thought that politics mlght be a means to this end; the attempt proved abortive. He had previously failed in international diplomacy. It was about this time that he recognized the value of gathering in a railroad or two and natural resources in the shape of coal mines and forests. Shortly Mr. Ford's power hunger looked further. Having long spurned alliances with Wall Street, which had mocked him in his younger days, he turned to Europe. In the last year there have been well-cstalllished reports of his activities in Germany and central Europe; of advances made to German steel and coal barons; of at·

tempted alliances with Thyssen and Stinnes. Steel, coal, automobiles, railroads-the bones and arteries of modern civilization.

During this time Mr. Ford has been thinking about Muscle Shoals. F-Or more than a decade there has been building in the South a new

and surprising industrial development. For years the South had been rotting in stagnation, owing to reasons not all of them dependent on the ravages of the Civil War. The change came almost unheralded: suddenly nine States which centered around Muscle Shoals realized they were honeycombed with riv~s that could be harnessed to make a superpower development unsurpassed in the world. The harnessing began; cheap electric power appeared for the first time in the South: it was so cheap and produced under such favorable conditions that scores of mills in New England picked up their plants .and even their employees and transported them bodily to the southern superpower area. The power could be carried for hundreds of miles along the countryside; ideal mm v1llages were set down among the open bills; lifeless villages began to unfold into prosperous oities; electricity for the first time was brought to the door of the farmer as well as to the manufacturer. One electric plant was linked up with another, and the second with a third, gradually forming a system where power could be "relayed" for hundreds of miles across the country if the water supply of one plant failed. Power from Alabama at the present time needs only a short connecting developm.ent to be brought into Washington, D. C., and thence to New York to be linked up with Niagara Falls.

Mr. Ford looked at all this growing wealth and wondered. Then the Government offered to part with Muscle Shoals for its development by private capital.

At the Shoals the Government built during the war two nitrate plants to extract nitrogen from the air for the manufacture of ammunition. It was the intention of the Government to use the plants afterwards for the manufacture of nitrate fertiUzers for the soil. These plants cost the Government in round figures $83,000,000.

Mr. Ford offered to buy these two plants from the United States for $5,000,000, with the guaranty · that each year he would manufacture fertlllzer with a nitrogen content of at least 4:0,o<fo tons. He would sell this to the farmer, he agreed, at a cost not to exceed 8 per cent profit on the manufacturing cost. But there was a condition attached to this offer. He would buy these plants and manu:facture fertilizer only if the Government would give him a lease on Muscle Shoals for 100 years aud

·would finish building the dams there so that the ·power could be properly developed. For this leasing privilege he offered to pay the Government a certain yearly rental-in round figures · about $250,000,00cf for the hundred years' privilege, paid in equal annual installments under various provisions. At the end of the period Mr. Ford should have first option on the renewal of the lease--a condition, it will be noted, which could be easily developed into giving Mr. Ford's heirs a lease on this water power to . perpetuity. Furthermore, af~er devoting the necessary power to the manufacture of fertllizer Mr. Ford would have the privilege of using the whole surplus for hi1:1 own manufacturing purposes, instead of selling it to the public as an ordinary utility company would be obliged to do. '.rhis would of course put him out of reach of competition by any other manufacturer. If future inventions of more efHcient machinery developed so much power out of the water supply that he could not possibly use all of it, he could sell the surplus and avoid coming under the laws ordinarily controlling the - operation of public utilities. For instead of selling it directly to the consumer he could merely sell it to another public-utility company, thus taking advantage ot a loophole in the Alabama public utiltty law, which provides that the law shall be applicable only to a utility which sells power directly to the pubic. Mr. Ford could make his own terms with any public-utiltty company·: and if that company needed the power badly enough, it would have to meet his terms and pass the cost on to the people, Mr. Ford ' being out of reach of the law.

Mr. Ford made that carefully hedged offer two years ago. There was no unanimity on the subject and much agitation at the time against the acceptance of the bid ; the matter was allowed to drag. Observe whi.­happened in the meantime. Real-estate speculators descended in a body on Muscle Shoals. '.rhey plotted out the country into lots for miles in all directions.

They bought it cheap, of course, and saved most of their money -for. "literature." They sent this literature out in the most approved California-Florida style, by the ton load. The country surrounding Muscle Shoals was described as a second heaven. Mr. Ford was to be god, and he was only awaiting a mandate from Congress to come in and take his throne. The streets were shortly to be paved with gold. The response to the invitation was all that the hopeful heart of any speculator could desire. With the usual sprinkling of widows, orphans, and school-teachers came a generous arrival of farmers. All of these buyers immediately began to inform their Congressmen that the country could only be saved l>y giving Mr. Ford Muscle Shoals. They were of course more interested in saving their invest­ments than saving the country, but Congressmen can not be expected to know such things.

In the meantime, in addition to the ordinary selling literature, the original speculators sent out special farmer literature advertising

CONGRESSIONAL RECORD-SENATE APRIL 18

the wholly mythical idea. that J(r. Fo.rd ,intended to manufacture fertilizer for the farmers at hall its pre.sent cost. The farmers were charmed with the thougtit. and even those who, had not bought land immediately began petttlonln_g Congresam.en to give tJiem cheap fer­tilizer by giving Mr. Ford Muscle Shoalfl. Jl'armers sent lett.ers; th~ tarmer-orgaDizatlons sent lobbies; ~ sanguine speculators )aid aside a fuDd .for lobbying ae well 4L8 for circulars ; in the meantime Mr. Ford also began pulling hls wires.

lle has denied that be has ever financed any propaganda in favor of hiB bid. In view -0t Mr. Ford's action fn permitting h.le blogre&her to ~tate unblru;llingly that nll e>f the Ford war pr-0fiUi bad }leen retur:iied to tb.e Government, Mr. Fw-d'$ aeseverations or denia~ are pefbapti not to be takeri too serioulillY. If we accept his claim tnat he QIL8 .never .financed any direct propagand&, the .evideuce .tl;l.at he .bas d.o»e it by indireetio.n seems too large 1:0 be ign-0red. '.rfle e.Q.ct extent of this pr·opaganda expenditure will probably never be knpwn­just as the direct p.nd 1naJ.,rect .expen~tur~ .made in the 1a.itenipt "to put a large j!h.ue -0f the couD.try's oil ~ureas i~ t,be 4~ds of one .<>r two men •will probably -nevai- be known.

In tile mea.ntime, alth-Ough Mr. Ford's offer was the ~rat, lit Ji~ by no .means been the 18.$t. The.re have been at laast th~ .of(el\11 .made by other interests in vo.i:y l'eceiit montJ>s. 'rbe terlDJil of th~ have not ~een ,given any undue pµbUeJ.ty by -Collgr1'!$1l· At .lea,st one of them is COllBiderably larger tha.u. 1'fr. Ford's <>ffar ~ad J'.l\OJ."e fa.yQr~

.able to the publ4! interest. The Associated Power Companies qf 'Ule South, for jnstanpe, b»,ve

offered to lease the Shoals for a period of 50 years, withoQt .any fi,r,st option on the renewal, ,and giving tb.e Gov~rnment a.t; the ~;nd of, that time the privJ.le~ of ,r~i&UJ.g ;the . rental, ilf ,a ren~wal waif gra,nted. They agreed to .m.aJlu.facture a u;taximum Qf 50,000 ton$ ,of nitrate a l"eal', illste.a(l of Mr. ;Ford's offer 1>t 4.0,00P, aubwltting to priee and manufacturing condltions w}lich were alnH>St iden,tif!al . ,1~ sub­st;nnce oo tbose otr&ed by Mr. FCU".d. 'J.'lley ,aIQ :qot. jnsi¥t that the Gove;nment ~hould sell them the nitr~t~ .P~tJI, ,a~ Ai.d .Mrf Ji'~ml, 1who offered <>nly .$5;Q00,000 for the deed to tW.S ,P)'Qperpy ;w-hic:h ,eo.st tbe Government $~3,P00,000, Inste~d, they offered to lease pne pf. the Plant.s •long with the power privA~e. ~abllng them to .~a.nu~f!~qr~ the amqunt Qf fertilizer guaranteed. Jl'o,r this .50-year ,Power leaE\e -they qD:cred in roun,4 figures i1i>o,ooo.090, ~o .Pe pai<f ~n anµnal ~n­atallment~. Fo.r an .. ~de9uat~ bW>is f)f ,,,comp:u.:kion 1W.ith Mr. f~Jid's ofi'-0~ this 1uxi:ount ..should be fu>uhled, :rpa.Jdqg an equ,iv~lent -0f J3,2P,­OOO,OOO · oft'.er~ by the power co1I1pa.n.iea fo.r .a 100-yeµ.r Jeas~ ,agai.nE\t .$255,000,000 .offered by MJ:, Ford .fo+ Ui~ s.i;une p.rpperty~pa~t pf w~h propei:ty, howeve,, he was ~rchailin~ ' for all .tiµie.

Ii mutrt be remembered tllaf; , th~ .Associate~ J?ower ComP{l.llief! ~~ the .same companies tut h~~ dey~lopefl the .~out;!MlcJlr ~up~p.ow1'!~ syatem to the st~e it .occu.p.1~ ,to-4~Y· 1T~re ar,:i, goo.cl . x~a.soqs *1r .a.nd qainst public operation f>f natlo~al .-esourc:es by pP,.vate GQflWr

ratio.us; It remab.l;J that in these .op~ations tb~ ~n:iva.te •<;Prporatt9Jls ,are ..strictly regulated in the matter Qf. fair , f!O~tl'I 4nd ra.ws, Those laa.~ng water power a.re strictly controJl,ed bq~h by 1:4~ ll'~~rial w~ter ,power o.ct and the State pu?lle utlllty rl~s, ~nd , :w,ben ~l-1: PO}Ver !is rel,ayed from State to State t.J;i.e.y .al~ co~e wider tJle ju.ri~ct.lo.n o.f the InU!rstate Commerce ,Comlllisaio11, l1¥der lhi~ ca;refulJy ~dged ~ontroJ tlle ,Associated Powe:r C~pi;i.n,iea lH\V.e perforJlled flD a.c~pta.bie pub}ic service. 1• , _

The Congressional r~portfng comw.it~e. lloweyer, hail to find .At leafrt nne acceptable rea.-'On for throwing ii.ts ,favor ;t;o ~fr, FQrd. Th~ mnst pla\1s~blc reason foi· accepP,ng '<lne -0ff~ , ?QS~d -0f m1otll.er w<>u,ld be that the o~ wu hi~~r. . , , ,

Ol:>serve Jl.e1·e the .w~klpgs of Jl.lgb 4iJ¥t~e. ';l'be ~ommittee pµt . ~ts brains to work. It figured QUt tbat the ,$~j)OO,OOO casJi JV~h MJ;. Ford paid for the title to the nitrate plants coul4 pe made rto equsµ ..$20,000,000 J.n 100 yea.rs' tlnie if the Gciv~nali!~t put .it -011t at 4'. •per ~eDt interest for the p.edod .of tJie lease. (~his .of coij.ri;ie wor~ out ~ tllll principle that Ji ii. w.a-1 pays y:ou iio,ooo to:i: ypur ~ol,lse to-da,Y, ,ou can renlly figure ,that you're getting $40,00(), if you cqunt In ,tile ' Jnte.re.st y<>u can draw on the money in 100 years.) l1his Jtem of $20,000,000, so arrived at, was gravely set down in the published J:eport of the committee as an act\lal part of Mr. Ford's ofter. Part .of 1;.be lease money to be paid Ui *1n.DJJal installments eyery yC?ar wa.s called by Mr. Ford an amort,izatton fund ~d to~aled $4,,";15,1511; t,llt:! I oom,mJttee <iStim#ted tbat thl1> a.mount put .out at interest ~ the same wny wouJ.d total $4.9,071,935 at the end pf Al century, ~nd this lt~m was "1.so ,actually set down ns a part ol :Mr. Fo~!l',s offer. ll'he com­mittee also figured th.at it would cost Mr. ~ord at least $30,000,000 to mnlntain during a ce.ntury'11 time the nltr;ite plan.ts t4at he bougl;lt fr01Jl U.10 Gove1·.nment; it took this suin that ;Mh Fo»d would natur.a.Ily , expect to · spend in i:µainte1la.nce of his OWiD nitrn.te pla,nts, s~ated that he would relieve ~ Qpver.nment of tha,t great pm:de.n. and ~raye,ly

pu,bUshed this '30,000,000 as another pa.rt of the payment offere<l J:>y Mr. Fo.rd. By similar methods of fantastic finance, tJle reporting com­mittee rummaged up a number of additional million-a which cpqld ,be .added to M.r. Ford's a,ctual cnsh ptJef; 1i:P.a.4Y it w.a.s p.ple to .annoAnce th.at M.r. Ford's ojf~ w,a.s just a llttle I~r,ger than the bi,d pf 41.ny of

his competitors. lt Is t:rue that the m.in-Orj.ty .report of the committee threw a somewhat different light on the situation, But minorities are seriously declining both in importance and fashion.

Mr. Ford has agreed, it will be noted, to form a $10,000,000 corpo­tttlon rto handle the grant of power. He· will presumably retain .control of the corporation duf'ing his lifetime-Mr. FoTd has never been known to let anyone elsa cuntrol what he owns. 'When he dies, no one knows who ,will oont:Jto1 the corpot•ation-but lt will not be the .Govar.nm.ent. . Fo,r raccordirtg 1;o the grant -such n corporation would be epecilically out of reach cl ·preeent State and Federal utility laws.

This, then, is the '.Napoloon who is confidently awaiting birth in the cavernous w.omb otj Washington. No -one iwho lcnows 1:he tacts knows enough of. tham to understand 'Why Congress ·should give its assent to .such .a situation. fluperpoiwer _,.ightly ·used .might eventually make a ra~ of supermen. .But 1:h.ey are endowed with a eurious inn-0cenoe wbo ~iev'e ~hat 1 it tBhould J:>e turned ov~r to Mr. Ffild JJO that he ma-y 'trans­tonn himself into a superman.

PUT'J.';tNG ,MUSCLE SHOALS ON THE MAP

(l3y C. F, ..Adam!l)

SHEPll'IEU>, A.LA., Ji.arol!. 8. Muscle Shoals ie on tbe 1map. · Not one of those small black spnoks

11.la.t inbablt our m&P-B by the ilhousands, but .a iarge black circle indicat­.mg a highly .impo.l'tant cenierA License plates 1rom all over the -United ·States have become fam.illa.r t-0 the local :1nhab1ta~. Big itouring cars go purring by ·any time. their licenses announcing Maine, Massachusetts. <!altt.ornla, Flor.ida, _or Oregon, as the a11e may be, and .nobody gets excited. It is an .everyday sigh_t. The Detroit 1ta.gs aue perhap" the most frequent, rwhlch tells a clear story. Yes: Muscle Shoals is on. •the map,

Wilson Dam, at MW!cle Shoals, iA.la., 2 miles from Sheffield, and .the two adja.cent n.ltrate .plants are war babiee that have not found life a ivery, rosy dair. Nobody _seems to love them. Sir~ by the Wilson ·ailmiJJ.istration during war-time stress and need, when th~ usual -<rwe­mon1~s of d:inance were dispensed with, these war babiet1 ·proved ·to ·be rather emba:trus.illg (Voungsteris when the war -was over, and questiorui began -to be :asked. ['bey were an in.dignity :the p~nt Government did not al.together approve of .and did not care to a881lme. Yet $100,000.000 IWOTtb of"eonC1'ete and .smokeetaeks could not be boarded 1up and entil'ely .for.~otten. •They .had to be treclloned with somehow. So an official 1nspeetlon of · .M:uRcle Shoals was insti.turect. And l!ince then Muscle .Shoil.ls ·has been well . iu~eeted. E>udng the put four years wllole Jegions of 1delegati001s antJ ·specW t00preeentathres rand committ~s flnfi suOO<>mmlttees Jllld engineers and "1l88istant eng:ln.eers and .photographers and ilfePQl'tei'e and .anyoae else iwbo w®ted to :haw a trip J:n a private ear hav.e passed o:ver the grounds ta.nd returned te W.as.bingt-On with data in ihand to expedite the Teekoning. ,And 'W1lile 1tbe official 1recko.ning f,!;oes on in W.ashiington we aTe doing some reckoning JOf .om own in .Alabama.

"Reckon Ford .rwill get Muscle Shoals?., ~ the :form in which the il\lesticm is •put down here. .Everybody ukt5 1t 1of everybody else. ' Beckon F'lol1d will oome? " they uk .befor.e the:J swap off the mule or pay the rta;ms .or :buy tbe .gitis a piano. The old Balu.tation ot ~· &w dh you do? " has given way to the more pointed ·~ Reckon JJ'ot'd will .c?Om.e ?'' >for on:r \State C1f. ·being depends on bow IW4! reckon.

iAU thbl reckoning np thel'e in Washb:~gtolJ iand dow,n here on tbe .&t:rttt .cOJ:'nellll and in local drug ·Bt4lres ihas .proved to be a good thing ill .the -way of ad-vertising. Be.ople from the foi.m cornet"s of d:h.e ·ea1·-tb. Dilt ·waiting 1on the .deliberations of Congrest1, .have JJushep ,dpwJl upon ue .. ,gpab.bad any kind of lodging they eould :fuld, and . placed themselves ·in line to wait fo.r Ford. ..And a.s rthe daye .CQ bf ,,an<J the delibexating i>rolongs it&elf, so doos tbe .lin~.

1iEiver(f. train brings reinioDcements. .So by 1thie ,time tber.e is a 8.Ub­st11.ntlal immigration ovedlowing our tranquil llttl.e cities, filling the Jiotel.11 ,pouncing on the news .sta.Dds nnd buying all the papers ,before tfipectat>Ie citir.ens. ibave :had b~ttkfRet, re:oting all ,the taxis, biring all tl\e ,cooks, •w.ooping through tbe drug s'tores and drinking all sorts of .dope, j~tling elbows unused to jostling, and moving oo obl:ivi<>us. · But the esteemed ,citizen has hie inning. He rents .out lda fU)are room, 1:n the large11ess of his heart, .tbereb.y confer.ring a favor upon the stranger at his door. And later ~ takes him out and eell1!1 .b;im a tf~ 1acre,s 10! the old borne plMe tha.t bas been in the family forever. It rls a. privilege for the newcomer. ..But with the cbanglng ..of the ancient title come o~r changes. The acre no longer remains a.n aere. Jt be4omes ac.reage. Thel'e is .a dil!erence. Arorei:i are planted in ,the spring and laid by in the fall. Acreage is •eubdivided and 80ld on the installment plan. The landscape· .bas cbnDged. Gone is the " nigger '1 ancl the niule. gone is .the cotton house ancl the old .rail fence. In rth.eir place ts a brisk young gentleman, a hi_ghrpowered car, an-0 ~ modern little -0ffice .where the tiypew.rit-er clicks and the telephone .rings and a general air J)f .aomething-is-bound-to-bappen-soon .drapes itsel.t -0ver ·the scene. There iB every essential -0f a big bo<>m at .Muscle Shoals e~i!ept the boom.

The Muscle Shoals ,ttre In the upper part of .Al.abamn, str~tcbing tbem1>elv-es mii.Jestically .across t,be !rellDEH:lSee .River as it wakes its wa.:1

1924 CONGRESSIONAL RECORD--SEN ATE 66°'1 through a spur of the Cumberland Mountains, forming the beautlful Tennessee Valley. The shoals, w!l.iting through the ages for man to tame their roaring waters and harness their mighty power, have always been a formidable but picturesque obstruction to navigation. According to legend, the name for the shoals comes to us from the Indians. The red man, making hiB way up the river, found that it took what we call muscle to put his birch canoe over the rocky shoals, and with characteristic directness called them accordingly. The early white man, being of the same opinion but finding the Indian name difficult, gave us the present translation. However, the prosaic ety­mologists and geologists like to argue with the legend. They claim that the name was derived from an innocent little bivalve which played a leading r<)le in the formation of the shoals, and that the correct spell­ing of the name was lost in the early days, probably due to the lack of proper educational advantages tn that period.

Have it any w~ you like, but when you stand on the bank and hear the roar of the waters rushing ov~r the ro.cks you will think muscle shoals yourself I The vast hydroelectric possibilities of Mus.de Shoa.11 have long been recognized. Engineers· from time to time in the pa:st have called attentioii to the power going to waste over the shoals, but it was not till the need for nitrate during the World War became urgent that any decisive action was taken. Then 1:D 1916 Congress passed the national defense act appropriating millions ol dollars for the construction of two nitrate plants and all appurtenances at Muscle Shoals. These giant plants were rushed to completion. But so was the war; and then the nit.rate plants and Wilson Dam were, so to speak, mustered out. For four years now we have been piloting our tourists out to the abandoned project and explaining that the boards they see across doors and windows are not a part of the original plans.

Plant No. 2, as the largest qt the pla.nts at Muscle Shoals ts called, was built at a cost ot $-69,000,000 and has a. capacity for 110,000 tons per annum of ammonium nitrate, cyanamid process.

This plant covers .2.000 acres, and during the war employed 20,000 men. It was built a.n,d was producing nitrate within one, year, and i's the largest nitrate plant in the wodd. Plant No. l, much smaller than No. 2, was largely given over to e;s:perhnents, the Haber procMS being employed. Adjacent to plant No. 2 is ll large steam.power plant, one of the largest in America. This steam plant was bunt so that nitrate plant No. 2 could begin at on~e to produce nitrate without waiting for Wilson Dam to be finished. This tremendous project would. have re­quired several years of continuous work, but after the war work was discontinued and was not permanently resumed until July of 1922, when a new appropriation of f7,l500,000 a year was -made. There are now 4,600 ,nen at WOl'k on the dam with Col. G. R. Spaulding as dis· trict engineer in ~barge. A large construetlon camp, including homes, churches, schools, and stores, has been built on the north bank .of the river for the accommodation ot the men and their families. Work is going forward on all main divisions of the dam. Thirty miles ot standard-gauge railroad has been. built for construction use and 80 locomotives are ewployed. Two hundreQ. :flat cars, bOJll CfU"l!I, dump cars, and gondolas switch up and down ; 25 lnr:-ge boats and barges ply back and forth with sand and gravel ; and with 100 roc1' drills, 8 large con­crete-mixing plants, and ten 10-ton electJ:ical cranes workine day and night the place looks busy. Wilson Dam, when completed, will be tlle largest single piece of monolithic concrete consti'lction in the world, its volume of masonry being 1,260,000 cubic yards. This is three times as much masonry as is contained in the Roosevelt Dam in Arizona and 100,000 cubic yards larger than the Assuan Dam in Egypt. The total length of the dam will be 5,000 feet; a.n almost pure white mo:uolith 160 feet wide at the base and ~ising 130 feet above tlle river bed. The bottom of the river at Muscle Shoals ta 'Solid limestone rock. The dam rests upon this bottom and is made one with it, " toed in " to resist the tremendous. pressure of tbe water. The excavation neces­sary to solldify the structure with the bed of the river is a giant under­taking itself. More thari 600,000 cubic feet of rock must be blasted out, and nearly as much earth removed. At the south end, where the power house is being built, the excavations will go down 30 feet. Tbis is to give swift escape to the water pouring through the turbines. Eighteen great turbines will be installed with a generating capacity of 600,000 horsepower. Wilson Dam is built to stay.

The river at Muscle Shoals has a total fall of 130 feet in the 30 miles of rapids. The dam will create a lake 16 miles long; 4 mUes above the dam this lake will be a mile wide and a hundred feet deep. Sixteen miles above Wilson Dam another dam is to be built, forming above itself a lake 70 miles long. These two great bodies of water will eliminate all danger from the shoals, and the Tennessee River will then be open to the largest river craft, making the va'St Tennessee basin accessible from the sea.. Important as thlB is, it is only a by-product of Wilson Dam. The object of ·the da.m is to develop the latent power of l\Iuscle Shoals. The dam when completed will afford adequate power for a region covering a radius of 50-0 mi1es, besides supplying the world's largest nitrate ·plant with .sutficient power for the manUfacture of explosives in tf.me of war a.nd fertilizer in time of peLce. The est1· m~ted cost of the project ts $50,000,000.

,{.

Mn. Fono 18 so Goon (The Nation's Weekly Washington Letter, by Wniiam Hard)

Mr. Ford has proved himself to be a more powerful man and a more persuasive man than Mr. Doheny or Mr. Sinclair. They were able to persuade one Cabinet member to go rather far in disposing of public prope:cy on terms which both Mr. Doheny and Mr. Sinclair have de­clared to be a<lvantageous to the Government, but also enormou'slJ profitable to them and to tlleir stockholders. Mr. Ford has gone much further.

He has been able to persuade a whole great section of the .American. population to accept from him a bribe in the shape of a promised reduc­tion ot their bills for fertllf..zers, and in return for that bribe they have ardently supported e. bill which now has been passed by the House of Repre'Benta.tivee and which conveys to Mr. .Ford, partly in fee and partly in a 100-year lease, an immensely valuable governmental prop­erty on terms which constitute it, in Senator Notuus's words, "the gJ"eatest gift ever bestowed upon any mortal man since salvation was made tree to the human race."

The site of this gift is the Muscle Shoals on the Tennessee Rive-r ln northern Alabama. The debates on it in the Hou'Se of Representa­tives clearly ind!cate, and in f.a.ct absolutely demonstrate, that the only argument, tlie only alleged argument, for making this gift to Mr. Ford is that in return he will manufacture fertilizers in an annual qua.ntity lnvolvin&' or containing •0,000 tons of tlxed nitrogen at a price yielding him a profit n.ot exceeding 8 per cent on the eost of produc­tion.

One Member of the House of Representatives, Mr. WEFALD, of :Min· nesota, wa.s shocked by this 8 per cent. He reflected, and expressed the redaction, that Mr. Foi.·d ha.d been 'Shocked by_ the idea of guaranteeing a profit of 6 per cent to the railroads. He moved that Mr. Ford's profit on fertilizers manufaetured at Muscle Shoals should be limited to IS per cent. Ile thought that if the Government wu willing to build dams for Mr. Ford at Muscle Shoals at its own expense for the produc­tion of the electrie power for the manufacturing of his fertiltrzers, and if on this expense (amounting in all probabHtty to a great deal more than $50,000,000) the Government was willing to charge Mr. Ford an annual interest payment of less than 4 per cent; why, Mr; Ford, being so notably a good man, should be wlllin~ to sell fertilizers to farmer1t at a profit of 5 per eent and no more.

IDs motion, which was in the form ot an amendment to the bill as pa.sed, wa• voted down. The great historic refl.son why it was voted down, and why all amendments in any way changing the bill to the disadvantage of Mr. Ford were voted down, was thoroughly revealed in a colloquy between Mr. WllFALD and Mr. McK11~z:1111, of Illinois, who was In charge of the bill, and a further colloquy between Mr. BURTON,

of Ohio, who was the btn's strongest opponent, and Mr. M:cKE::-.:z.:1111. 'Mr. BURTON said to Mr. l\fcKBNZil!I:

" On what basis is this 8 per cent to be computed? Is it the "Mlue of the permanent property? Is the right of the lessee to bo

• counted tn? Is the value of the water power to be counted in! Or is this merely on the bare cost of manufacturing fertilizers ? ..

Mr. MCKJDNZlll replted : . ~ I will say to my distinguished friend from Ohio that I can not

answer that question categorically. I do not know." Thus Mr. McKENZIE absolved himself from any exact knowledge of

any exact reason for selectin.g the figure 8 to be the numeral express­ing Mr. Ford's proper profit out of fertilizers at Muscle Shoals.. He immediately thereafter, however, showed a perfect understanding ot the reason why he was in fact supporting the figure 8. He said :

"I do know this: This mnxlmnm of 8 per cent was a.greed upon by the representatives of the farm organizations of the country:•.

Thus we perceive a most important political fact in democratic. government. If the Sinclair company or the Doheny company sbould agree upon a rate of profit wbteh they would charge on a Government contra.ct, the agreement would be a thing to be concealed and denied. If a farm organization agrees upon a rate of profit on public property to be charged and' gained by a gentleman who otrers to reduce the bills of its members for fert11izers on farms which they individually own and out of which th~ gain and pursue their wholly individual private personal fortunes, why, then the agreement ls a thing which is a frank, legitimate public argument for the passage C>f & bitt to be paid for through tbe nose by taxpayers who are not farmers.

This fact was made still clearer in Mr. McK!JNzm's ool.loquy with Mr. WEll'ALD. lfr. McKl!lNzIB, replying to Mr. WEFALD's forlorn and hopeless desire to cut Mr. Ford's pr<>fit to ·15 per cent, said severely :

" I want to say that the amendment olfered by the gentl~man. from MinneS-Ota simply cuts down the 8 per cent maximum profit that Mr. Ford can charge for the manufacture of fertilizers. I want to say further to my friends on this side of the House (the Republican side) that this particular section was agreed to by tha representatives of the farm organizations of the ~ount.ry; and the committee accepted it as their judgment. It was written into the bill to satisfy them; and any man who pretends to come from a

•

6604 CONGRESSIONAL RECORD-SENATE APRIL 18

farming district niust understand that in fighting this section he is fighting the representatives _ of the farm organizations of this country."

Thus the principle emerges which many times, and even monoto­nously, has been detailed in these letters from Washington. The rural revolt, which it was hoped would lead to an attack upon all special interests, bas yielded only the arrival of one more special interest.

Irony, as usual, is contributed to the scene. Mr. Ford, in the Muscle Shoals bill as actuaJ.ly written and as actually passed by the House of Representatives, makes no promise whatsoever about any reduction in the price of fertilizers. That promise is only in the hot air i-lsing from the c"ommittee hearings on the bill. It ls not in the bill. The bill contains not one word guaranteeing, or even surmising, any reduction in the price of fertilizers.

Mr. Ford undertakes simply to manufacture ·a certain nmouut of fertilizers and to sell this amount at a profit of not more than 8 per cent on a totally unknown basis of estimating his cost of production.

In return for this undertaking he comes into . possession of a water power many times greater in amount than any amount which he pro­poses and undertakes to use for the manufacturing of fertilizers.

A minority of the water power to be developed at Muscle Shoals is promised to fertilizers. A majority of it, an overwhelming majority of it, is left free to Mr. Ford to use as he pleases with no restrictions whatsoever.

Mr. BURTON, of Ohio, moved an amendment to the effect that Mr. Ford's enterprise at Muscle Shoals should be subjected to the same restrictions and regulations which to-day are imposed upon all other water-power developments initiated and consummated by other .Ameri­can citizens. He proposed-that is-that Mr. Ford's Muscle Shoals enterprise should be saddled with the provisions of the standard exist­ing water power act which has been on the statute books since the year 1920, and which ie supposed to extend its beneficent or malignant sway over all citizens equally.

Thus, according to Mr. BURTON'S motion, the temporal length of Mr. Ford's arrangement with the Government at Muscle Shoals would not be 100 years as written in the bill. It would be only 50 years, which is all that any other .American citizen, according to the pro-visions of the water power net, could get. ·

Thus all of Mr. Ford's "excess profits," whether from the water power which he will use for fertilizers or from the Immensely greater water power which he will use for himself, would be paid not to him­self but to the United States Government, just exactly as in the case of any other citizen to-day getting a water-power permit from the Federal Water Power Commission.

Thus also, if Mr. BURTON'S motion for an amenC::ment had been adopted, Mr. Ford, like any other citizen in similar circumstances, would have no preference right for the renewal of his contract with the Government at the end of the period of his contract. Under the bill as passed Mr. Ford gains that exceptional right.

Under Mr. Bun.TON'S motion, further, Mr. Ford would be obligated, like any other citizen in similar circumstances, to pay for the whole maintenance of his dam or dams and to bear the whole cost of the main­tenance of navigation for the public in the locks through the dams. In Mr. Ford's case these costs for Mr. Fo1·d are restricted to certain named amounts. Numerous amendments for making Mr. Ford bear these costs in full were heavily defeated.

Under Mr. BURTON'S amendment if Mr. Ford should start to sell any of his tremendous surplus power from Mus~le Shoals the price at which he could sell it would be regulated either by the local State government or else by the Federal Water Power Commission.

All these ideas, and numerous others, by Mr. BURTON for assimilat­Ing and harmonizing Mr. Ford to the ordinary status of the ordinary citizen of this Republic were heavily and emphatically voted down.

The idea was that Mr. Ford, not in the bill but in the air-whether cold from his own reticence as to his intentions or hot from the propa­ganda of the farm organizations as to his Intentions-was minded to reduce the cost of fertilizers for farmers, and that therefore he should be exempted from all the rules and regulations in other circumstances Imposed upon all other citizens of this Republic.

Senator NonRxs expressed the bare truth when he said: "Nothing else has ever happened so calculated to shake a man's

faith in democratic government." The proposed contract with Mr. Ford falls into two parts. The

first part sells him a lot of property now owned by the United States Government. The second part leases him a gigantic property to he built or completed by the United States Government.

The part which has been sold to him is estimated by the Ordnance Department of the War Department to be worth at a forced sale the sum of $16,000,000. It ls sold to Mr. Ford at a final cash payment of $1,500,000.

The part which is leased to Mr. Ford is leased to him for interest payments and for other so-called amortization payments which for the 100 years of the contract are found to work out to a total of 2.85 per cent per year on the money expended by the Government,

Two reasons really are found for this extraordinarily exceptional treatment accorded to Mr. Ford.

· The first is that Mr. Ford is a heap big medicine man and a di1!er­ent man from all other men and a friend of the people and a SE'ller of cars at a low price and a payer of high wages and a developer of the '.American countryside and a man who ls good. He is a goorl ma·n. Therefore the water power act should not apply to him. The constitu­tion of Italy should not apply to Mussolini. The water power act of the United States should not apply to Mr. Ford. Both Mussolini and Mr. Ford are supermen. It was supposed that Italy, having hnrl ex­perience with Marius and Sulla and Julius Cresar, should welcome supermen beyonrl the law. It was not known that this Republic hacl advanced so far toward the condition of the Roman Republic in · the first century before Christ.

The second reason for Mr. l~ord's exemption from the common lot of common American applicants before the F ederal Water Power Commis­sion is only an intensification of the first reason. It is that l\Ir. Ford is so good that he has gained the respect and support of our farm organizations irrespective of the consequences to all other elements n!' the population.

The essential combined ultimate reason is that Mr. Ford is so good. .At last he cashes in on it. He gets the largest, the most expansive, the most indefinitely and miraculously valuable public property of the United States Government at a fraction of its value for that part of it which he buys and at 2.85 per cent interest payments on the part of it which he leases.

Naturally and with all of bis nativ~ and charming and poignant and devastating wit the radical Senator from Nebraska, Mr. Nonnr<i, inquires:

· "Has· it come to this, that because a man is good and great and because we have confidence in him we should give him a special privilege and a particular inheritance that we would give to no one else? Has it come to this that a citizen can come to Con­gress and because he is honest and upright claim that contracts made for ordinary men shall not apply to him? Should a muni­cipality permit a Christian to charge a higher rate for lighting the homes of the city than it would permit an infidel to charge? llave we reached the point of saying that we are going to permit good men to capitalize their virtue and to be pald a p1:emium for it out of the 'l'reasury of the United States? "

It would be an impertinence to add anything to these rem1uki; by Mr. NORRIS.

PENSION INCREASES

Mr. DIAL. Mr. President, some time ago I opposed a p211 3ion bill whereby $55,000,000 was added to the pensions now paid to soldiers of the Civil War and to their widows. I hav<' llere a letter from one of those soldiers, which is, indeed, refreshing. I send it to the desk, and I desire that the Secretary may read the letter, omitting the name, as I have no authority to use the name.

The PRESIDENT pro tempore. Is there objection to tbe request of the Senator from South Carolina? The Chair hears none, .and the Secretary will read the letter.

The reading clerk read as follows : Senator DIAL.

DEAR SIR: I have been reading the doings of the Senate in regard to the pension bill, and was very much interested in yo_ur remarks on the question, and agree with you that no pension ever ought to have been paid except to those who really needed it, and if paid should be according to length of service. Now, a m~ who enlisted 90 days before the war closed, and got a big bounty and never heard a gun fired, gets the same as the one who served three years and suffered all the hard­ships of war. If the 90-day man gets $50 per month, the 3-year man ought to get $600 ; that would be in proportion to time of service.

The whole pension business has been for votes. Neither party dared to oppose a bill of the other. The National Tl'ibune's love for the old soldier is for revenue only. I have had dozens of letters from the Tribune, begging for my subscription, but refused to send me a bfank, which was free only to subscribers. A man in a soldiers' home sup­ported by the Government ought not to have a pension, and a rich man ought to be nshamed to take one. I am a three-year veteran of the Civil War and get a pension, which I need, and am thankful for it, but never expected to get so much, _and have been surprised every time it was increased. I am well along in my ninetieth year, which accounts in part for this poor writing, but I wanted to say a few words, and hope you will excuse them.

Yours truly, ------.

Mr. DIAL. Mr. President, I wish to commend the sentiments expressed in the letter to the legislators of the Congress.

ADDRESS OF SENATOR FESS, OF OHIO, AT BOSTON, MASS.

Mr. I,ODGE1 Mr. President, I ask unanimous consent to have printed in the RECORD a speech which was delivered by the junior Senator from Ohio [Mr. FEss] at the New England Coolidge dinner, Boston, l\Iass., on Wednesday evening, April 16, 1924.

1924 CONGRESSION !.L llECOR~SEN ATE 6605 There being no objection, the n:ddress was ordered to be

printed in the RECORD as follows: ADDRESS OF S. D. FESS AT THE NEW ENGLAND COOLIDGE DINNER AT

BOSTON, MA.SS., WEDNESDAY EVENING, APRIL 16, 1924 President Rich, Governor Cooc, ladies and gentlemen, few scenes

can be more tnsptrlng than this spontaneous tribute to a 1 great cliar­a{!ter by the home folks. No sentiment stlrs my heart like that expi·essed in honor of a deserving public servant. These telegramtf just read ~Y your presiding officer, inclUdlng the one from the leader of the Senate, your senior Senator, whoM' .name is identified with most of the important legislation of the last! 25 years, Sena.tor Looo:m, well express the high esteem in which our President 1s held 1n the country. ~

This wonderful banquet of more than 1,200 dl'ners, representing all New England, these unusually brilliant addresses from leaders of all the surrounding States, this spontaneous enthusiasm of neighbors and friends, are but an' earnest' of the charac..-ter of verdict soon to be ren~ dered by · the entire people in their sovereign capacity.

Personally I appreciate these tributes in that they also reflect your devntion to our much-lamented ;prest.dent Harding, of my · own State, who died a martyr to his country as certainly as did the soldier who fell in the front Una. To hitn and to his country'g cause the present Chief Executive gave and will continue to give his fullest measure of devotion. Where the labo11s of reconst,Jiuction were laid down by Harding, President Coolidge has ·taken them up and is cru:rylng them forward.

Internatlonnl complications and foreign. estrangements were immedi· ate results of the World War. Our tardiness to enter and the part we played when we did enter :produced both criticism and jealousy.

Our determination to withdraw when the decisive blow was struck. and our i·efusal to become involved In the age-long rivalries· and jeal­ousies of Europe not only disappointed but angered t~e nations which hoped to utilize American power and prestige in European settlements.

The gratitude of our allies in time of war was turning to envy in time of peace. Never in our hi&tory did our Nation face a moi:e <lel1-cate foreign situation.

The war created a· domestic :situation more serious than had ever before been encountered. A public debt con.tracted overn.Jgbt upon which the annual. intei·est cha-rie alone wait one and a quarter times the total cost 0£ the Government before the war. · A derangemA!nt -0.f industrial relation& had susp~nded .econ<>mie law and all but completely overturned industry.

The inevitable inflation of all value• which pushed to diz.zy heights the prl-ce current induced a type-. o.f eit:ravagance both personal 11nd gonrnmental whose baleful results will be felt for a gene.ration. There was an· abandonment of economic law for a, substitute of legisla­tive enactment by which economic p.roblems were to be solved by de­crees of Congreu. The railroads are an example of such remedies, where, as inevitable consequeJ;lces, the_ greatest transportation system of the world was broken down by substitution of political for economic ~ntr~. •

The country's basic industry first in rank and importance, American agriculture, climbed uu to its dizzy war heights from which it tumbled into an abyss. The world's greatest system of credits was frozen and the Nation's vast banking resources were tied up by a system of Go,·ernment financing from hand to mouth.

Industry in general starved for want of capital. Interest rates w.ere prohibitive, rediscount i·atea reached 7~ per cent, Govel'nment credits fell to the low ebb, business was -completely paralyzed: labor, 5.000,000 men were ma.employed. and sutfering was so general that our governmental institutions were facing a testing period.

At such a time the American people in a. solemn referendum by the most overwhelming vote in the history of American elections called back to power the- Republican Party. It took tM helm March 4, 192( a little over three years ago. !

COMPLICA'fED FOREIGl'< RELATIONS

The foreign a.nd domestic pr.oblems were si.Inultaneouw attaeked. Peace with our former- associates in the war was adjusted. Long­

standi11g estra.ngemen.ts . with South and Central American countJ:~es

including Mexico were ~omp9se1I so thJl,t to-day aside from RussUj. every point of controversy is cleaned up and not a cloud hov~s along the international horizon.

In addition to this p;rogram of adjustment the Arms Co~er~c~ was held, and a.djourned in three months' time. De.finite result~ were­achieved by unanimous decisions. Naval a1·maments were "'mlted, taI. burdens reduced, ch.a.Jices o1 war lessened, naval rivaltielil enP,ecl and, a · program of peaceful settlements agreed upon. Besides, the integrity of China was asiiured, the open door in the Oi;ient guaranteed, and the wrongs against Shantung righted. lt was stated by competent authority that in these three months mm:.e was accompllahed. for the peace of the wovld than had ever been. achieved in the history of mankind. Even now with most of Eiµppe under tbe cont.no! of the dictator, whose rule since the close of the c<>nmct is almost as gra;ve as war itself where national hatre~ outrun those of the stormi~t days of confilct, America unotlicially is pointing the wa:t •.

More than· a yen:r ago the- head of the ' State Department outlined a plan whlch to-dllY' In modified torn1 promises to be the solution. · '£he true test of a fe>r&ign policy is the honor and friendly attitude

obtainmg between nations ttnd respect for mutual rights. · To-day! America: standlf wit:tl unsullied honor having sunendered no right and c·ommttted DC) wrong to any .nation. She m1stains the highest rank In mutual respect for national rights: she has won the greatest prei1tige and has established the most muta.ally friendly attitude toward other countries ot any nation in· all history. All this she has· accomplisl!P.d without bluster or threat, with equal justice and due regard for the righta of all' and ~lthout the ' surrender· or forfeiture of 11. scintilla. at her soveietgnty or lndel)endenc-e.

'Measured: bY the number and character of the problems, and tested by the permanency a:nd high honor of their solution, this acltlevemeni

' challenges . the record to reveal a more brilliant chapter ln the foreign . relation:s histo1•y '?f any coulitry at any time.

PllOBLEMS 01' GOVERNMENT FIN.A.NCE

Delicate as were our foreign complications resulting from tile war, yet even more imminent wlls our domestic situation which demanded immedlate attention. After the delirium of war came the sobering sense O'l obllgatlo:n. Contracts easy to make left debts difllcult to pay.

Neither the problem nor the solution of the problem of financing. the war obligations of the Government has been fully appreciated.

It would be dtmcnlt to state in definite figures the cost to the United States of the World War.

The unpaid debt reached' the high :figure of sllghtly above $26,000,-000,000. That did not reprelelit the total .cost, as we adopted the policy of paying a good percentage by current taxation , instead or borrowl.Jlg,

The public debt on June 30, 1920, was $24,299,321,000 ; on June ao; 1921, it was $23,737,35.2,000. On June 30, 1923, lt was $22.,007,590,-754 or Jess by almost two and a quarter billion dollars. The form of thi.8 debt in 1920- waa all funded in Liberty or Victory notes ex· cept about $8,000,000,000 known as the floating debt, i·epresentlng bank borrowing due from three to six months.

This later financing policy of "living :f'.rom hand to mouth" was the source• of great distres$ to lndusb.'y ant'! much concern to the Gov­

. errun.1mt. Bo lODg as the vast sum of $3,000,000-,000 was tied np by· the Gavernment that much liquid assets of the bnnks were with· drawn from industry. The banks could not carry current obligation~ of the Government and at the same time stfpply n.ecessary funds for industry. Three . billion. dollal:s cash represents at least seven bH· lion commercial credit.

The withdrawal from industry of ·seven blllion commereial ci·edit would literally stane it for the want of necessary capital. As a. congequence, <1red1ts ·were frozen, capital tied up, blinking difficult, interest rate& high, redi~cou.nt rates about 7 per cent, and Govern· ment bonds at a frightful discotlnt. Liberties struck tlie low mark <>f 81.7. Industry was paraly~d, labor was Idle, wfth 5,000.000 workers out of .employment, and general prostration was suffered.

This was the problem when the present Secretary of the Treasury took office on March 4, 1921.

REVIVAL OF INDU,STRY-THE WORK OF A Glll ::nus

The problem suggested ·the normal and legitimate remedy. Unem· ployment can not be relieved so long as industry can not revive. Industry can not fl.ouris)l when capital is not available. Banks can not supply the needed capital so long as the major portion of. tb~ir .

liquid assets are absorbed by the current obligations of the Govern- ' ment. ·

The Secretary's plan w.as. to ask the investment public to take the Government c;>bligations of $3,000,000,000 carried by tl1e ba.nks and thus release these a~eets for industry, which would reach at least seven billion cPmmei;cial credit.

He offered a plock of three-y~ar short~term notes of certificates at 5l. The public absorbed tpem by au oversubecription. Within a. sltort time he waa able to -i:educe the rate to 411. In due time be succeeded in financing the entµ.e fioating . debt at desire.bl& rates anll convenient mat~rities at substantial savin,g in interest and permanent r~lief to industry. , '

Releasing the banks of the hurden made banking easy. Interest rates fell, rediscount rates lowered :from 7 to 41 capital flowed int()· b:u.slpess chruutele, industl'y r~vived, unempik>yment disappea.red, Gov­eJ;nment c.redLt. was restored .and Liberties went to par. All this was done without the enactment of a single additional law ..

T..his remark.able achi.evemeqt pointed the way to finanee the Victory loan of $4,0i>0,000,000, due in May, 1923.

l!IUCCl!lSS OF lll<lFUND!NG OPlilRATIONS

lt .was well ltnow11 that these ob.Uga.tions could not be paid out ot current taxation. 011r current ~xpen.ses were alreiidy four. billion, which absorbed .our . airnµal revenue collected by om: pl"esent high. .taxation. No one contempl.a.ted an efi'o.ct to· take on the &dditional . burden ot the Victories.

6606 CONGRESSIONAL RECORD-SE~ATE APR1:L 1s-

1 They must either be . refunded in long-term. bonds or short-term notes or certificates. The former would severely test the market and would certainly depress the value. ·of the Liberties. The latter would not seriously strain the financial ~bility of ·our people, would not s~riously aft'ect outstanding Government securijies, and would not interfere with the business of the C!:mntry, but would therefore assist rather than injure the Treasury.

The investment public was again appealed to by offering small blocks of short-dated Treasury notes at reasonable rates of interest and due at quarterly periods when income taxes are paid. In 1921 he offered two blocks, one June 15 and the . other September 15, due in three years, the first at 5i and the second at 5~. In 1922 he offered five blocks ranging from H to 4~. in 1923 he oft'ered two more blocks. These offerings summed up the total of the Victory notes $4,050,000,000, an·d were so arranged as to fall due in convenient amounts at semi­annual periods in 1924, 1925, 1926, and 1927, which atrorded the best possible plan to meet them when due either by retiring them or re­funding them. In the meantime the war-savings stamp~ were taken up as presented.

To-day the Treasury, instead of facing the enormous sum of $7,500,-000,000 due, it sees small blocks due at convenient pe.riods, which enables it to meet them as they come due and further enables it to clear the way to finance the third Liberty loan of $3,329,000,000, due in 1928.

All this _has been so quietly carried on that usual business needs were undisturbed and as a fact the country was not aware of the wonderful accomplishments conducted by the Treasu~y.

DAILY REDUCTION . OF DllRT $2,400,000

Besides this financing of continuing obligations, the public debt has been reduced about $2,400,000 per day since Mr. Mellon took charge. :Every $1,000,000,000 re·duction saves tlie people $45;000,000 interest a year forever. The lowering of the debt has already saved· the people over $100,000,000 per year· in interest.

The lowering by 1 per cent of interest on the $7,000,000,000 funded, short-dated certificates saved the Government $70,000,000 annually. Never in any period of history has a nation reached such pinnacle of fiuancial power as America now enjoys. Never in the range of history has any people enjoyed such purchasing power. Never before bas the average citizen enjoyed as many comforts as here in America. - Under the management of 1\-lr. Mellon, a wizard of sound finance,

the Government has reduced its annual expenditure from seven and one-half billion in 192Q to three and one-half billion in 1923-24. It has paid an interest charge of a billion dt>llars a year, it bas pro­vided in the case of the disabled soldier more than a half billion a year, and has met other fixed charges on the Treasury growing out of the World War amounting to at least $2,400,000,000, including in­teres·t, sinking fund, and disabled-soldier funds. It bas not only lived within its income, but it has met its current obligations, and, in addi­tion, it bas reduced its permanent debt by $2,400,000 per day since March 4, 1921. Ir' this remarkable policy, so· astonishing in its suc­cess, is continued, the entire public debt will be paid off within 25 years.

AU . of ·these facts considered in the light of the problems presented place Mr. Mellon in rank . with the greatest leaders in science and art of finance of any country, excelled only by Alexander Hamilton, the greatest constructive genius . North America ever saw.

BUDGE~UR GREATEST REFORM

By aid of Cdngress the administration has been able, through rigid adherence to the Budget system, to turn .a threatened deficit of $800,-000,000 into a surplus of $30!.1,000,000. The budgetary legislation is the country's most important fiscal reform.

protection from confiscatory taxation in tax-exempt securities are fortified by the facts and powerfully argues for the lowering of the surtax rate to a point not above 25 p~r cent.

GENERAL INTEREST IN TAX REDUCTION

His contention that lower taxes will be reflected in a lower scale of living cost is justified in that stimulation of business in an increased product will, under the law of supply and demand, be felt in a lower price scale.

All taxes should be so levied as to raise the maximum revenue with the minimum disturbance of business in the interest not so much of the capitalist as of the vast portion of our population who· depend upon industry for their living. W}?.ile burden should be, laid in a~cordance with ability to pay, it should not be such as to deprive industry. of the power of ·the employment of labor.

No country can prosper substantially that does n~t care for its workers. Steady employment at good wages upder the best _possible conditions is the goal to which our country is aspixing. To <lo this

' industry must not be penalized and capital must not be driven into hiding by confiscatory taxation.

This is the immediate problem now before Congress to be finally de-cided upon soon. '

IMPERATIVE NECESSITY OF PROTECTION

The derangement of Europe's fiscal system and the frightful decline of thefr circulating media such as for a concrete illustration, the German mark placed the German worker on a scale of wage one-sixth of that paid the American wage earner. The same was true in a lesser degree with other European countries. The inflow from Europe of cheap goods made by cheap labor seriously endangered the American producer who could not compete without reducing our standards. This is why our high-paid wage demanded protection. The business-destroying Underwood bill so paralyziug in 1914 and whose dire results were obviated only by a war prosperity was stUI on the statute books. Under it imports were fairly large but revenues for custom dues were small.

Th.is southern free trade act was repealed and a national protective act took its place. It has been the law since September of 1922. Its first full year produced revenues of $540,000,000, nearly one and a half times the amount produced in the free-trade regim~.

Instead of our foreign trade being ruined, as was direly predicted by our Democratic leaders, the Commerce Department reports that for the tlrst 17 months of the protection measure compared with the last 17 months of the free trade law which it displaced the imports increased from $3,761,322,000 to $5,353,186,000, or 42 .Per cent, while the exports increased from $5,350,893,000 to $6,025,162,000, or 12 per cent, and revenues increased from $521,000,000 to $807 ,000,000, or 55 per cent.

General paralysis of industry has given way to unprecedented in­dustrial prosperity in time of peace. Suft'ering from general un­employment is superseded by an. era of greatest activity.

FOREIGN LOANS-THEY MUS'l' BE PAID

Steps were also taken to induce European debtor countries to fund tlieir debts to us and begin payme11t. This was accomplished with 'Great Britain, which is now making annual payments on both prin­cipal a.nd interest. Other countries are folloW'1.ng. All the debtor nations are expected to take steps soon to meet their obligations and end the foolish talk of cancellation which our people resent.

AN AMERICAN POLICY ON IMMIGRATION

For the integrity of a genuine Americanism 11.nd the protection of the standards of .American labor a more selective immigration system has been adopted as a pe1·manent American policy of this important question.

· For the first time in our history the greatest business in all his- AGRICULTURE-OUR BASIC INDUSTRY

tory is conducted like a well-r~gulated private enterprise. Adherence The Industry quickest to feel the results of war and the slowest to to this principle is the end to pork-barrel legislation. Economy and recover from it is agriculture. Other industries with quicker turn­efficiency are both assured where resped for the taxpayer is demanded, over, easiP.r credit, and better organized make quicker recovery. as in the orders of our revered President Harding, who supplied the • The rapid liquidation of farm interests with its injurious eft'ects driving force compelling all bureau heads to regard the spirit as called for such remedial legislation as was warranted by the situa­well as the letter of the budgetary requirements. Estimates are tion. '1.'his administration enacted the most comprehensive program now rational, not mere guesses or speculation. Expenditures are of agricultural rehabilitation yet undertaken, all of which was recom­applied to secure the greatest efficiency at the lowest outlay: · menderl by the best agricultural talent in the country and supported by

Respect for sane economy made possible by this reform insures parties of all political bias. against extravagant legislation. Even to-day in the midst of the No less than 14 separate laws were enacted, covering a wide range pressure for economic government, there are now pending before of remedial subjects, constructive and protective. The agricultural C-0ngress proposals which, if enacted, would entail an additional billion department was reorganized and enlarged with additions of the Bureau dollars of expenditure. The greatest force against such legislation of Agrlcultural Economics, Bm·eau of Home Economics, reorganization is respect for the Budget requirements. of the educational extension system, new Hvesto.ck reporting system,

This gives the basis for further tax reduction, which is now before and formation of commodity councils. · Congress. The superior results of the Treasury's :financing compels As a result of the national agricultural conference cooperating with respectful attention from all parties to any prpposal the Treasury , Congress, there were recommended, enacted, and are now in operation-head may make. His plan is scientific and sound economically and (a) Agricultural credits act. . deserves general approval, since it comports with the best thought (b) .Agriculture admitted to Federal Reserve Board. In the science of taxation. His distinction between earned and (c) Revival of War Finance Corporation. unearned incomes is a sound principle and will be followed. His (d) Emergency and permanent taritr acts. observations upon the withdrawals from production of capital seeking (e) Packers and stockyards act.

1924 CONGRESSIONAL RECORD--SEN ATE

(f) Grain futures act. (g) Warehouse act. (h) Cotton futures act. (i Butter standard act. (j) Naval stores act. (k) Filled milk act. (l) Good roads act. The disparity of price between what the farmer pays for his needs

and what be receives for his products is his comp1aint. Justice and equity demand either less price for his purchases or greater for his sales. His purchases are too near the war level, while his sales are on the pre-war le-rel. [f the former can not be brought down the latter must be brought up. This is the problem. It is economic rather than governmental. It should have an economic remedy rather than a legislative relief. ·The fru·mer is not so much concerned about the how as the what in his relief.

Where safe relief can be afforded it will be done. The matter · is IJefore Congress now. The danger to be avoided is against adopting unwise nostrums which in the end will prove to be not a remedy but an aggravafion as bad if not worse than the disease.

DETERMINING FACTORS 01':f _WHICH THE PEOPLE WILL DECIDE

These are facts the American people appreciate aud they will be determming factors in the formation of their judgment to be ex­pressed at the polls. The labored efforts to create a political issue, the " holier than thou" spasms of certain Senators over what they stigmatize as scandals will not be misinterpreted. The American electorate is quick to detect a purpose, its discernment is discriminating, and if I mistake not it will rebuke th~ unparalleled spectacle displayed by the Senate's grand-jury performances during the last four months.

The people will demand and will secure all the facts touching the oil leases now relied upon for an issue by the Democrats in the com­ing presidential contest.

They will want to know why a policy inaugurated by the Wilson ad­ministration with the approval of Democratic leaders in Congress is to be condemned as unwise when carried out by a Republican admin-istration. ·

They will properly demand to know why Daniels's leases averaging royalties to . the Government of 18.14 per cent were commended alil important to the Government while Denby's leases in California averaging 32 per cent royalties are condemned.

If leasing these resenes was right when the Democratic adminis­tration did it even at a small profit, why is it wrong when the Re­publican administration <lid it at nearly double the profit to the Government.

Whatever may be said the facts when disclosed will show that as a business transaction it appears to have been important to the Government. It shows that:

( 1) Advantageous royalties were secured. (2) '.rhe reserves were proteeted by preventing loss from being drained

off through private owners. (3) The Navy was s11pplied with more than $15,000,000 worth of

storage constructed without profit and a guaranty of fuel oil in case of war.

(4) The naval preparedness as a necessary means of national defense strongly commended this plan as an insurance policy.

The question of legallty of both the leases and the use by the Navy of royalties to construct storage facilities bas· been raised.

This determination is not the province of the Senate but of the courts, and it has been properly referred to that tribunal by unani­mous action of the Senate of all parties.

The President appointed attorneys, an outstanding Republican and an equally eminent Democrat, to conduct the trials.

The counsel was instructed to proceed in criminal prosecution to ascertain any guilt of corrupt conduct 'by any official. This admin­istration wlll no more shield a Republican official corrupted by oil interests than wm the American people condone a Democratic candidate for President on the pay roll of the same intei:ests.

THE ADMINISTRATION'S PURPOSE.

The determined purpostJ of this administration is to protect the Government and its people in all their rights, and while it will refuse to shield any wrongdoing whether by friend or foe--and no guilty man shall be allowed to escape-it will also as militantly protect the honor and · rights of individual Citizens and demand respect for our fundamental institutions of government. Its purpose was forcibly stated by the President:

"For us we propose to follow the clear, open path of justice. There wll~ be immediate, adequate, unshrinking prosecution, crim­inal and civil, to punish the guilty and to protect every national interest. In this etrort there will be no politics and no partisan­ship. It wil1 be speedy ; it will be just. I am a Republican, but I can not on that account shield anyone because he is a Republican. · I am a Republican, but I can not on that account prosecute anyone because he is a Democrat."

LXV--417

The conduct of the Senate as an open grand jury Into which, by the agency of committees, and through which, by immunity of Members, there have been pouring the slime and filth of perverted man and woman, a character of testimony which would be excluded from any court in the land but which is sought and received by the Senate under the excuse that it is an investigation and not a trial, to say the least, will be sharply scrutinized by the people. As Secretary Hughes said last night in his famous address :

" Let it be understood that we do not condone wrong; we ex­tenuate no crime. We would not put any obstacle in the way of discovery and punishment of any official dereliction. We would bring to the bar of justice every dishonest official and every perverter of administration in or out of office. This is a duty which can be, and will be, competently discharged ·by the appropriate agencies without any sacrifice of constitutional procedure.

" Neither political party has a monopoly of virtue or of rascal­ity. There are crooks in every community and in every party. Now and then one gets into office. Let wrongs be exposed and punished, but Jet no partisan Pecksniffs affect ' a holier than thou ' attitude. The corrupting eurrency may be found in Democratic satchels. One who is corrupt is as faithless to his party as to his Government. Guilt is personal, and corruption knows no pa1·ty.

"To-day counsel of eminent ability and unimpeachable integrity, se1ected from both the great parties by'8- Republican President, are taking appropriate legal proceedings by which all the questions which have been raised as to the leasing of the public domain will be thrashed out, .every public interest will be safeguarded, and every guilty person punished. These cases are in the courts, where they bel<mg, and the courts will decide. It would be foolish, false, and unpatriotic to breed distrust either of the integrity of the Gov­ernment or of the soundness of American life. That would be to assail the honor of the hosts of officials devoting their lives with unselfish fidelity to the country's interests."

This is the excuse for the shameful performances of what is alleged to be the greatest legislative body in the world, and it ls the pro­cedure which has placed the Senate on trial before the people of the country whose disgust is vocal and resentment bitter, so clearly dis­played by every medium of communication of general intelligence.

. In such cycle of thinking now apparent ln the Senate no public official is exempt from innuendo if not open charge. It is· the boast that this campaign of vituperatioh is to include all Cabinet members.

The Secretary of the Treasury is the present object of attack. •The . cause ls not difficult to see. He has outllned a tax reduction program which has gripped the sound business judgment as no other propoa.al in this generation. Whe1·e argument can not succeed, vituperation 'will be tried. In the recent assaults upon this official the Senate reminded one of a minstrel performanc~ with the end-men leading in the gibes, amusing to themselves if to no no else.

HYSTERIA IN THE SENATE

Complaint is heard everywhere against the quiescent attitude of Republican leaders for not rebuking such practices. But what is the use of rebuke under such a situation? '

The Senate has for the time being laid aside its legislative function and temporarily turned itself into a political training ground for partisan purposes. Its attention is not on the resolution but on the preamble. Its atmosphere is not one of deliberation,. but of inquisi­tion. Its oratory ls addressed not to the Senate, but rather to the galleries and headlines. The importance of measuree is lo&"t in the necessity for votes. Its fervor is seasonal, marked by national elec­tions. Party advantage as the dominant motive Is not dangerous whe1·e maj.ority control is possible. But it becollies serious where factional differences destroy party solidarity and all party responsi­bility by permitting minority control.

This situation at Washington accounts for the peculiar political maneuvers which have precipitated this campaign of slander in which the Senate has reached an alarmingly low level as a deliberative body. The country is aghast over this declension of the greatest legislative body in the world, its upper branch of the Congress of the greatest Republic of aU history, a standard earned by the character and abilit31 of its past. The remedy is not in the main on the floor of the Senate. It lies with the electorate, which must pay the frightful cost of such condition.

THE COUNTRY'S LEADERSHIP

In the midst of this orgy of slander, this spree of muckraking, this riot of vituperation and crimlnation where stalwart statesmen seem to have lost their former poise, where a self-respecting minority has abandoned a test of political theories for a try-out of the mere vaude­ville, to the disgust of Senators on both sides of the aisle, and to the amazement o-f the country at large, there looms one tlgure, the leader ·at the head of the Government, concerned over the trend of the fo1·ces of disintegration displayed in legislative circles, who has uttered a timely caution, if not warning, to call back the Senate to its proper

.660S' CONGRESSIONAL RECORD--..SEN ATE APRIL 13

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1

function of legislation. In the midst ot U>.e storm of abnse there I RES'fRICTION OF IMMIGRATION be stands, unmoved by clamor, his cours~ deter.mined b>y conscien tlous 1 The Senate, as in Committee of the Whole, resumed the con­sCTnples of what is the just eomse to take. 1 sideration of the bill ( S. 2576) to limit the immigration of

Few .are his words, deeisiv-e in his judgment. His comprehen13ion ' ~liens into the United States, and for other purposes. or. pending problems is :iroad, his vision eleai", and his· action dauntless. J 'rhe PRESIDENT pro tempore. The pending question is H1~ eonce.ption of pubhe duty forestalls the employment of mere polit- ' upon the amendment offered by the Senator from North Caro­ical expediflley. Wliile oo highly prizes• the honor of the great ofiiee lina [Mr. SIMMONS]. whic? h~ adorns, be refuses to sacrifice- his ehances te serve the public Mr. REED of Pennsylvania. l\Ir. President, I hope that the b.r ::neldmg to the pressure of party advantages against bis judgment amendment will not be adopted. My reason for saying so is of proper official conduct. that I believe it will be an embarrassment to the consuls in -fits political philosophy is well exemplified In· ll.ts past offi:cial career. the issuance of vise certificates and: that it will not attain the Thf-s is confirmed by his messages as Pl'esident. end for which. tile proponent of the amendment is striving.

Mis direct and unequivocal method &1 atta-eking problems grips the Its effect is. best illustrated by our experience in recent immi­pub-lic miild. ms evident deske to do ]rlstice stimulates public con- gration. Last year there came to the United States 25,905 tidence. His sense of fairness prov<>kes support and disarms the forces farm laborers and 12,503 farmers, a total of 38,000 farmers and of selfish and sordid interests frem whatever source. farm workers. More than 10 per cent of them went to the State

The simpJ.tcity of bis eal'ly· fife wonderfully appea:Is to the average of Pennsylvania, more than ;t.O per ce,nt of them went to New cltiz~n ~t th~ Republic. York, and yet I thil;tk it is a safe statement that of th.ose farm-

The great work begun and carried on by onr bel'oved and lamented ers and farm laborers who went to Pennsylvania and New President Hal"ding was taken up by CaTvin Cooltdge where it was laid York not one in fifty ever went near a farm. They went right down by his noble predecessor. to the cities and to the mill towns and went to· work in the

'.l'he country is fortunate in having at its' head at this time this man, mills. Th€Y did it for just one Jreason, that the pay a,1itainable a leader of whom 11i ts &aid he llas more goods on the shelf and less there was far higher than the pay attainable on a farm. , in' the show windows than a~ man of our history. If I thought the amendment would a-ccomplish the- result far

America stands to'..night on the b.1gh level of world leadership In all which . the Senato~ is· strrrving, I believe I would sup.po-rt it;. ' that · makes for world· pdwer. Slie rightfully bas· won the reputation because: I realize oow much 10llr farmers need labo.l"; and yet· of ··wanting' nothing not her own." She enjoys the ' greatest prestige ;from OUJ1 experience in my, State-and I believe it true all • of any nation of history; she numbers a people wftb the largest per- over the Union-we find that the· eities, and the faetories, · cehtage of self-rellant and independent' citizenship in the world. Her with their high Fates· oi wages, are drawing people o.ut of the citizens man to man' are better fed, better cIJthed, better educated, country, and ne>thing w~ can do by legislation can st<:>p it. better prepared to meet and' 'solve the problems of life, and happier in If this. amendnaent be aido11>ted, and if 50 per cent of th9' quota; the exercise of the rlgfits of a people in government tllan can be of immigrants shall be composed of farmers and farm laborers, 1

found in any other country or at any other' time in the history of" skilled rue•n, :meve.rtheless that drain will go,. on. '\Ve can not c~ilizution. · establish any system of semisla.very in this ·counit:J7y that will

In the midst of tb7 slime a d mud ot an ~pproacliin~ ~residential h~ld the~ on the farms· a~te~· t~:ey. get h~re.. EJcon(!)mic ~uses . contest tbe filth bas not touched him. In the partisan siege with the will contmue to work their mvrncible will; these men will be javelins of malice· aim~d at bim, his armor ts untouched. drawil' from the country, no matter if they shall be admitted

In the labored attempt of misguided polfticians to connect him with as. farmers ; but if we increase the labor supply in tb.e cities: recent oil transactions his good name l's untarnished his honor un· and in the country the effect. is felt all over the· co-untry. It sullied, antl. his 1mallgners indicted by Jan outraged publlc opinion. does not matter whether· a laborer be brought to the city or A~ve the hiss of the attempted slander is ' hea~d and will be beard' whether- he be bronght to the farm, the labGr shortage is

again' the voice of popular approval of the eft'.brts of Calvin Coolidge. relieved just by the extent of one unit, and the effect is ifelt irn The American electorate have never yet !ailed to rebuke the studied · both places. ' eft'.orts to besmirch an honest, upright leader of her people. In this Mr. WILLIS. Mr. President--case as in 1920 it will again rebuke the maUgners of tbe honor of a Thei PRESIDENT ' pro tempore. Does the Sen:ator fvom conscientious public servant. In the coming contest ' Calvin Coolidge Pennsylvania yield to the Senator from Ohio? will lead' the American people ·along the ' safe route or' .their nahonar Mr. REED of Pennsylvania. I yield.1

Rmbition to insure the greatest prbsperity to all the people of thiS' Mr. WILLIS. I take it from the Senator's argument that Republic and assist, wherein i~ Jl'I effectual and £afe, the world out · of 111 is his · understanding of the amendment• of th~ Seni:rtor from its chaotic conditiol\ into the channels of orderly pror-es~. with small North Carolina [l\Ir. SIMMONS] that it is to operate without the regard for frnst complaints of ~hose who may be dlspleased because ·~e quotas. 1\fy 'Undel'Standing of • the a.mendme~t 'iS that he keeps

· refused to ratify the unfortunate Vlfrsailles treat,y, declinJd ' to enter' thEF number '<>f preferred immigrants 'Within · the quota!, so that the Wils.on Le!\gµe of , Na,tjons, r~sistec'I, the cancellatfon. of European the total number is not at all increased; that it simply pro- ' loans, and kept ourselves free from muropean rivalries and compllca- Vides for a preferenee t<>' a certain class of 13.borei•S, ' r

tions. Our course in the tUture as In {he ~ast will be an1 Atnerican Mr. REED of Pennsylvania. 1 quite understand that, and' r policy, to guard well Am~rlcan soverei"'nty and in<lependenee, to insure thought I made it clear in what I first Sa'id, that tl'i.e amend­the birthright of freedom through thb 'preservath>n · o.t our American ;ment does not propose to increase r the quota.' :rtly' objection is . institutions, preserving that freedom from. entangling 11-mances by not that it iS' going to enlarg~ the amount of immigration in the which we may rE?Dder that larger service to our own peopl~ and safely aggregate but that it will embarrass the consul whose duty it · cooperate with all nations in advancing the progress of the peace of will be to pick the very best immigrants· from amongst th& the world. To such a consumnmtlon is o~r Nation ad_vancing, under a),Jplicants who come to him. the leadership of· that statesman who, Lincolnlike, exemplified Amer- Mr. COPELAND: l\Ir. President--icn's pride when as an Amerfcan boy from the frugal home, tiy aid The PRESIDENT pro j:empore. Does the Senator from of American institutions, he climbed' to the very pinnacle of fame, Pennsylvania yield to the Senator from New York? from which eminence be to-night bears thie honor in a way which Mr. REED of Pennsylvania. ' I yield. comports with his high dignity. Mr. ClOPELAND. Mr: President, r desire to ask if the Sen-

Tbe eloquence of his silence, the clearness or his judgment, the con- a tor from Pennsylvania would agree to the amend'ment pro~ ' clseness of his decisions, the fearlessness of biS" actions, all reflect tbe vided, beginning at the end of line 5~ there be ornitt~d the majesty of a character that the .American people appreciate, as is ' woi;ds " and to experienced farm laborers. who ar~. go:i,ng to already displayed by a current ot public approval that is rapidly reach- agricultwal districts to engage in fa;rming " ; also, in lin~ 1ng the flood tide. While to all of us it is pleasing, to you, his neigh:. 9 ~d 10, there be omitted· the words " for skilled farm labor­bors and his home folks, it must be most gratifying. ers " ; and tnen, Qil the next page, in line 10, t,l\e percentage

was changed to lQ instead Qf 50? In that way . ~he amend­men;t would simply provide APX the admission of wb,at might be called " master farmers," but not of labore ·s. and would allow the admissic;m ~n case of necessity to any State of persons skilled ~n .agric.ultur~; but would not permit, the subterfuge, which I think tbe Sen,a,tor is right i!l sugg~sting, en11bling many to come as . farm lab,or~xs wbp would never app.ear upon the f~rm. J;t, strikes me that, with , thqse omissions~ it , might. be possible to accomplish what. the Sena.tor f,rom . Nortl;l ~Carolina has in mind and at the same time avoid what the .Senator

MESSAGE ;FROM; 1 THE , HOUSE

a message fl,'om the House of Representatives, .by Mr. Hal­tigun, one of its clerks, announced that the Hoose insisted on its amendments to tha joint resolution (~~ J. Res. 52) for the relief of the dJ;ought-st.J:icken faxm areas of New Mexico, disagreed to by the Senate, agreed to the conference requested by the Senate on the disagreeing votes o.f the two llouses thereon,, and tliat Mr. lfAUGEN, Mr. WARD of New York, an<l Mr. AswELL were appointed managers on the part o! the House at t.00 conference. from Pennsylvania has suggested ,as. a possiqle evil.1 •

1924 CONGRESSIONAL RECORD-SENATE '6609

Mr. REED of Pennsylvania. I think that any reduction in the obligatory percentage is an improvement, and to that ex­tent the suggestion of the Senator from New York is an im­provement; uut, Mr. President, there are other industries whic:11 are equally _in need of labor. For instance, in the last year the total number of plasterers who came to tllis country was only 503, and yet plasterers are being sought. for all over the United States, and building operations are impeded because of tlJP lack of them. The same is true of bricklayeril and stone­masons, and as to the other building trades. If we once begin giving preferences within the quota according to industries, I am afraid we shall be opening the door for a great deal of trouble for ourselves and injustice among the various indus­tries with which we try to deal.

l\lr. SHIPSTEAD. Mr. President--Mr. REED of Pennsylvania. I yield to the Senator from

l\linnesota. l\lr. SHIPSTEAD. I desire to ask the Senator from Penn­

syivania if the bill does not already propose to give a prefer­ence to immigrnnts who. are members of the families, the wives and <'hildren, of men who have already migrated here?

l\Ir. REED of Pennsylvania. The bill does give a preference to the relatives of American citizens, but it does not give any preference to one industry over another.

Mr. Sil\IMONS. l\1r. President, the Senator from Pennsyi­vania objects to the amendment because be thinks, in the fir::;t place, that we will not be able to secure such skilled farmers or trained farm labor as we desire. If that be the only objection to the amendment, it seems to me that the objection carries too little weight, in view of the fact that, if we do not provide for a preference, farm labor and skilled farmers may come, but they may not be of the character we desire to come into this country; they may not be a class who are skilled in the things that we desire skilled labor to do. We want s1.'illed labor to <.lo a specific thing, namely, to help us in the economical process of diversification and the introduction of new methods of farm­ing, and we can not get those with-0ut providing a preference. Preference is essential. It will hurt nobody, because, if there is not a preference, anybody who wants to come can come if be can comply with the ordinary tests governing the admissibility of immigrants.

I recognize the fact, Mr. President, that there is a scarcity of labor in some of the industries and in some of the trades, as well as in agriculture. We have by our present restrictions uv-0n immigration brought about a shortage of labor in a cer­tain class of factories, especially in the industries which have heretofore recruited their labor, chiefly their common lab•Jr from Italy and the countries of southern and eastern Europe'. There may at times be a scarcity of carpenters and plasterers and others, but this amendment will n:>t prevent their coming in, for the proposed preference still leaves 50 per cent of the quota that may be filled by carpenters and plasterers who may desire to come to this country.

The reason why the farmer is entitled to so large a prefer­ence as compared with the industrial enterprises grows out of the fact that the industries under present conditions are sup­plying their shortage at the expense of the farmer. The farmer is not supplying his shortage at the expense of the factory. The farmers are losing, but they are loi!ing to the factories. The farmers propose to inaugurate a new method which will require a different class of ·farmers and of farm laborers if we are to make the transition from the old to the new method economically and without too much waste. · We are doing no wrong to the industrial interests of the country if we take for the farm a larger share than the industries take, because they are taking from the farmer nearly half of all of their labor.

Mr. President, I am not wedded to the percentage preference that is provided in my amendment. In view of the fact that we have very drastically limited the quotas, and in view of the large demand on the part of the farmers as the result of losing their labor to the industries, I thought 50 per cent was not too much, but I have no irrevocable commitment to that percentage.

Mr. CARAWAY. Mr. President, may I. interrupt the Senator?

Mr. SIMMONS. I yield. l\lr. CARA WAY. I am interested in the Senator's amend­

ment, but I should like to hear him discuss the phase ·of it which I am about to mention. It seems now that agriculture is suffering from an overproduction.

Mr. SIMMONS.· In certain lines. Mr. CARAWAY. Well, it is certainly true of cotton and

corn and wheat and meat. They are not paying the cost of production. Is it really a kindness-and I am serious, and I should like the Senator's attention to this phase of tbe subject­to bring in more farmers when the farmers of native-born

stock are being driven off of the land every year by the surplus production of the farms finding no market?

Mr; SIMMONS. l\Ir. President, I do not think they are driven off the farms because of the surplus not finding a market.. I think it is rather because the South-=--and I speak particularly of that section ·with which I nm more familiar-has concen­trated upon one cr0p and has raised a much larger amount · of that crop than the world requires. Even with the boll weevil cutting down our annual produ.ction 3,000,000 or 4,000,000 bales, we are supplying more than the world now demands.

Under the old conditions, before the advent of the weevil infestation, we were producing in this <'Ountry from f}.ve to six million bales of cotton in excess of the world's demand. As a result the price of cotton, even before the war, before the boll weevil came, was not remunerative; and it was because the one crop that we made was not profitable. This very largely, I think, resulted from the fact that we did not adequately diversify, and the consequence was that our farms were to some extent even .then deserted by their owners and were turned over to tenants.

Mr. CARAWAY. The thing I have in mind is that we are assured here that the wheat grower has utterly collapsed, that the co'St of production is very much greater than the market price of the cereal ; the corn grower is protesting that he is ruined; the stock raiser is likewise saying that he gets not the cost of production; and certainly the Senator will agree that the cotton grower is not prosperous. It is not so, at least, in the country from which I come. It is not so much that the landlord is leaving his farm; the tenant likewise is going, and neither of them is getting the cost of production; and if the story told by the wheat growers be true--and I have not ques­tioned it-we can buy their wheat for very much less than it costs them to produce it. That being true, why would it be wise to bring into this country a lot of farmers to increase our production and still further depress the price of agricul­tural products?

l\fr. SIMMONS. It will not increase the production of the particular crop that we grow in the West or the South. The diversified scheme will reduce that production. It will do more than that, Mr. President. One of the evils of the one-crop sys­tem is that the farmer who raises only cotton does not raise those things that he needs for his own consumption.

The PRESIDENT pro tempore. The time of the Senator from North Carolina has expired.

Mr. SIMMONS. I will take my time on the bill, then. The PRESIDENT pro tempore. The Senator will take his

time on the bill. Mr. SIMMONS. One of the troubles with the cotton farmer

is that he raises cotton and does not raise the things that he needs to support his family. If he would raise less cotton anrJ raise the things that he consumes on his farm; if he would raise sufficient hay and sutficient corn instead of buying his hay and corn in the Middle West; if he would raise his butter and his meat and his beef, be would cut down enormously his exJ)enses and at the same time be would cut down the crops that he is overproducing, and in the· general result he would be very greatly benefited. The profits of cotton would be very much greater if the cotton fariner lived at home; and diversi­fication means that the cotton farmer will hereafter live at home and the wheat farmer will hereafter live at home. He will not pi:-oduce as much wheat and as much cotton, and thereby depress the price, but he will save in his living expenses enor­mously by producing, through diversification, those things that now he must buy.

·Mr. CARAWAY. Is it the Senator's impression that bring-ing more farmers here-- ·

Mr. SIMMONS. I beg the Sellator's pardon, but I want a little more of my time hereafter, and I would lose it if I yielded further to Senators.

Mr. SHIELDS. Mr. President, the Senator from North Caro­lina stated that he was not wedded tQ his amendment asking for a preference for 50 per cent of farmers and farm laborers. I think it would be well if he would amend it so as to cut it in half and ask for only 25 per cent preference.

As I understand the amendment, the first section of it pro-vides for skilled farmers. Am I correct?

Mr. SIMMONS. Yes. Mr. SHIELDS. And the second for farm laborers? Mr. SIMMONS. Yes; and I will say to the Senator, if he

will permit me, that skilled farmers are practically defiued in the amendment.

Mr. SHIELDS. Yes; it applies to skilled farmers of a certain class defined in it. I would suggest that he combine those sec­tions, and only ask for a 25 per cent preference for the two together.

1 -

OONQRESSJONAI:i REOORD-=-sENATE APRIL 1'8

.Mr. S.IMl\!QNS. If the SE'tuator w;il,l 1pa:c.don :roe, that would l)$ ~ YQ~Ji Oity -~v;e1~y mq~ing. .Piut siqe py :$de ~!!le botUes lll'Ake' accomplished if the peroontag~ wei:e ju13t , r~duced ;from 50 to ,25 a llne ;lv7 .:pines lo~. ,I sµppoipe we .a.i:e µi·~nJ>;ing more wil\{ per cent. · :now tAan we <;lid same ,tip;ie .ago, l.>ut, be tha,t a~ it .may, rthere

Mr. SHIELPS. From ,25 to l21? is peed ,in o-ur sec1~ion for .µ:i.o,l!e skilled dairymeµ, and UIHl.er . Mr. SIMMONS. No; from 50 to 2p. 1 th~ provii:;io.µs Pt tb.ls amen.O.ment, .if it were aqopted, those lfr. SHIELDS. The Seuator has 25 3)er cent in each .section. , dairymen . ~Qul.d be -b~ought 41 fr.om other countries. I do

Has he changed it? t thJAk, l:i,ow~v.er, that t;b.e Senator from Pennsylvani~ has raised Mr. SIMMONS. No; it is written so ·Uiat .the tQtal amount ill a Yery .importap.,t criticism whE';n .he suggests that th<;!se farm ·

both .sections shall be only 50 J;>er cent, so .if '\V.e reduce it to , laborers would co~e in under that excuse and engage in soma' 25 per cent it will cut L.t in ha,lt. 1 oUi.er entei;pri.$e. Therefore, iMr. President, J desire to offer

Mr. SIUELDS. Tne total amount, then, j.s o:W,y 2.5 iJer .c:ent. an amen.dme.ot to t:be amendment proposed by the Senator from TJ1at will answer the !Purpose. I did :not kuow that .it had been i .Nolth -Carolina. ) amen<le(l in tbut way. Tbat is not the ;way l read it. r A-Ir. ;SIJ¥[MONS. Mr . .P.resld.ent, .f;Uppose tbey were to . com~

Now, il should like to ask .tb.e Senator from Pe;nnsylvania · Jn and go to some other employme;nt. Would ,anybody be hurt? [Mr. BEED] -a question.. I ilo nQt beUeve be Ls i.u the .Obamber , If they do not come in as farm lab-011ers they can come in .any· right now, ·however. The diffi.-culty Qf keeping these farmer~ on · way. It 1does ·:p.o.t ~dd one iota to the number that may come in. the f.arm arter they get bere ,is .a ver.y great one, and I doubt Mr. OOPELAND. It is my judgment, Mr. President, that very much if the problem ean be solved. ~his .e~n not be do.ae ' it.he a·me:ndment I ,am oif'.el'.ing .will help to carry out the main with ,farm .la.borers, as the -Se.J;IJ:ltQr from Pmnsylv:mia has isp,i.rit ~f the .amendment offeved by the .Sena-tor from North'. said. They will go where there are factories, where there 1are . ;Qa:rali,nq, put if he -doubts that~- · mills -0r rnin~s, ,and tbey will isoon be :in th-em. lt is said that Mr. SIMMONS. I do not doubt it, :f1eeause I do not know th~re are now -0ver ,200,000 s~lus niln~~ in thia rcountry, and what ~t i$. they ar.e ebiefiy foreiguers. Mr . . Q,OPEJ;,AND. I tun pr<>I>Qs.ing .to amend the amendment

Mr. REEJD of :P.enns_ylvtlnia,. 1\IJ.'. Pre~!ident, ~id the Sen- , offered by the Senator trom Noytb Carolina :by striking out atoir wi~h to ask me a qul>·"'tio;n? 'I was st.anding ·right ·beside . the J.ast two WiO:rds .on line 5 of -the first :page and all _of lines hhn, but he did ·not ·See me. 6 and 7, t.,he words ''and to eJ;peri~n<?ed f.acn labo:r.e:r.s who

Mr. SHIELDS. J wisbeU. •to Iwow ~vb.ether ;Jla.t't ~f 1the '})er~ 1 are goiJ.1$ .~o .s@µi_e agr4!ultur.al :district to rengage i:n farming.'' so.os skilled in :fa.rmi~J:g who ,cRme :iin wooe lfarmeJ!'s, 0;r iwhether 1 .UJl.de~ ,su~ a ;p:qov.:iision skilled ~person·s coming to the United

· they we.re ~u farm l.Ub<me!'Bt r · 1 ·S,tatejl ttctuaay to iente.r into agri.cultlll"e ... will he permitted ·to Mr. REJ.UD of PennayJvania. 51.'wtmty,.Jiwe thousand nine hun· come. ~ 1

dr.ed of , them wer.e :farm laborei-s; 12;200. a:s I :recall ;fue .TP-e~. ,o:n line 9, I .suggest the 1oroisslon 10f :the last three figures, ;wei·e farmers. 1 1 iWPi.qs "fur ·~ill~d .farl1,l." p,nd the fust two 1Vords .of tM mext

Mr. S.EI.JiEJIJ)S. J rtba:Wr "the Senator . . J tbLnik ithe farmers liJle, ".la,q<m~rs Q~." We ·Should p.ro:vide then .for ithe admis· could be held 1.lpon the ;'farms. cl ·do -m.ot ibeliev:e the d:ar-m sio:µ -qf -s~Jep. f~~WEW>'3. laborers could be. In fact, I do :11.ot believe they iW'OUld ~ver · l'hen, on tlle ng~t __.Pag-e, J proppse to strik~ ·out :from :lines '6 go to North Oarolina or the country where the :'Sen:..'l.tor :from i ~P-P 7 .the wpr<;b; ";rn,<;1 .experienood iar.m lab@ra:rs," :a.nd I would Nor-th Oarolina .thinks th.ey could be Jocated ;. 1mt, again, .50 c~.oge tbe p~rc.e.t;i.ta.g.e to 10 -per ·cent instead ot 50, _on .line 10. per ,cent would bavie :been 1too tlllucil. We g!Jve a pmferenee .Mr. SlMMON.S. X~n ;per c~t !Qf wnat? under this !law to the .neat· ·i:elatlves. . J\11,'. q:W.ELA.lllD. Ten J!)e-r eent "ot ;the ®Ota .allotted t()

While i ·favor allowing these skilled if.a.l'mers ·to .come, rI 1do I such .ep_11nti•y." ,I w:i;ll a~cept .2& per '~~nt, :Wllleh I tli;ink th~ not :favor taking .the isame course <wath rfue ;laborers, 'beeause i :Senator has already suggested. they will not ·stay on xhe rfairm, !and because ·we ?have just ·.as l ~ WILI~JS, l)!lr. ,:J?r~stden,t, :\'\fhat i~ )tbis di~ker that Js gaod Iabw ·~ere .as anww.here in •tb,.e 'W.01'1d, and, for that ·matter, . goni.g ·?Jl u~on .tbe other ~4~? r-;: , S,Qro~ Qf us ~ould like to ,know. we have skilled farmers. The frulme-rs of IDennessee "b:n0w a.s i fWb~t .ls, thl$ lP p~r -~e.i;\t and .2;;> '.per Qent :1bus1pei:;s? ;w:na.t ris ,the well how ito 1diversity .~.rops tan,<!l raise everyth.i.1lg ' that .is .pl'o- ~enato.r ~ :amepdm~nt.? . . vided for in 1tbis 'bill ·as any in ··Eupope or .an;v<.other eountey in lf.r1 QO:PEL.A,.ND. :C ~ot1~ tllat wllen~v.'3r a pe\l·ce.nta_ge ill the world. They do not need any teaching. They ·diversity 1 llll.~JJ.t+9~~o the .Sepatqr !roqi Ohio ts Qn ~is . fe~t. ,[Lau~ru::.] their crops and Pl'QdU<?e almost eve.rorthing. . .J • • ~t ts .1>.rnposed to ie4a~ tw ti~es ~n rllDe ,l.O to 25 per ~~nt

.As the bill ~now ISOOnds, ·from 2001000 !to :225,000 C£i.nadians :and · 11-~6te.ad, ~f ,50 p.er ~wit, a.s .sugg~ted by j;he :~na.t~r, w. ~n.s.w.er, l\1eticans.'Will .<mme nnnualif ·oo this eountry,, ilargely }men ;that ~o w~sit the S~to.r 1tr0 JJJ. A.:t·~ap~ru; f]\jr. 10.Af''} Wu] Jias S3.d.-<j, eJi}_gage in agriculture,< and regpeclrulr the l\ie~icans. I do n.@t I I]gUe;v,e tJ;latJui.d~r w.e s~e~ar.ds r;Ilrqposed, lJl .~ a~ndpl~nt k~ow whf.tt ttie ' Senate is gaing to do 'Wtith rthe umendment that i ot The -~x.uito.r P".om W~r.tJ;i - O~~oJfoa 1~¥r. · S;µ.t~o~,~j about tb,e , proposes 00 put them _under ,fue quo-ta lsw~ and LR \lerw •lal"ge ~egislature or. the governor callmg .uPQp. ,t4e ~eCJ:,t;it_ail;:f .of Labor, . nl:llnber 10f rtl~ •will eome ·an-yiway. • r ~nd ,iJ1µ.t ,tq.er.~ ~~o;ul,q tae fw.rnula~i;l r~~~J.a.t;io¥ .to uis~~e th.at

I see in the monning tpaiper tlhat ·the •Secretary .of Labor, 'Mr . . :these ~.er.~ori~ ,go .to the specifie~ loqatJ.~n~, tll.e µui.tter l.S tak® r..~ · tl n~ h ln "' ~. t . t"~ t cdr~ of. Tb~l"ef Q:t;,e J pres~n~ 1;l+is . ~nie.n.A.nl~t. . .u.a:ns, s~s I 1wi. we I B.:Ve -no :Surp s -(h. •empt.Oymen m ul8 -~Ir. ~1.:'E'RL~G. wm. t)le S.eJmtQr Yte.!d? - . conntry; that •we .a~e rdomg well to 1ind 'jobs 1lor .-tlle •men •that ''.l\Ir. COPJPJ;A.NO.! :1 yield. • . . we have here .. ais language is that rwe _ are having t~'ouble 1to

1 Mr. STEJR.fll'NG:' ·1 (io 1;1p.t c;uut~ under.st.and t.he fi.i;st .amen.d-

fiM ~ork -{or A:meriemas t~ 1do. tReally, ,tl~e .toouble "';1th tlab~r · 1 ment 'the .Sen.a.tor svg~e~ts. ·It ~ee~s to µie, .i;f _1 ,foUowed b~m in. this c?untry ~s thwt our :p~e have rather gotten the hab'lt• c. orrectly., qiat tl;tere wpu1d be ,.n.o ,meanj.r;lg to t~e Lan,gua,.~e of allow1Ilg the hard work to .be .oone by 'foue1g:ners an<!l ·do !.IlOt 1 :after -~'triking out t:ti.e idt ,two' words l~ll .lW;e .. 5, Pl;li~ l, at ~east do at _themsel~.es. . .

1 • • ~ _ • of the 'p.rmt' of the JU:peMpieut I ]1a.ve be.fore µie, .:that ,is

It is w~ll known ,that tlley wiU. not "'ork in •th~ 'Same ~eld ,o-r iWhere '.I und.eqtaµd th~ "S~.llat~l' pr<mo&es ·hi.$ ,fiirst tu:ue~tµ_~ent. by the side of th~m. When that chl:!-racter_ ~f llfhor is 'llo ! :to strike oi}.t ,the ;words ". agp;ci;qtµr~ J»l~." . , ' le>.c.ger. here our .o~n .pea.pl~ will .Wl€lrk .. -'They ·h~~ .la.one 1thc , ·:rvtr1. ,CpP.E'IAND. No; J prppose to .eti'i~~ opJ "u.n,¢1 e~p~ :vork m t.he past, they will ~o it . agnm. There ~'S no mol'e it•ience,d farm 1aj::Jorer.s;" linilting 'it _tp J>ersQns w.ho are .~ktlled mtelligent labor, _no. more s~lled , ·labor of any .kmd 1n 1the tin agronbmy. ifo.t:estry, h,ort;icltlt~r~, or anirp.al .h.usbap_dr,Y, a,nd world tha~ 1th_0l'e ilS m the Uniood _states. ([ be:l1-eve they ou_ght 1 ~eaying out t'he ,skitled la,bor or the experie.t;i.ced f~:rm Jaborers. to be well paid! and I do not b,elieve ·they o"?giht to_ •have al\y (Do i 11lake ,m_yself Glear'? . 1

cllefl:I> eompetit~on or lo-w standa·rds of llvmg sueh as tins 1~fr. 'STEJRLJ'NG. The Senator doe~ :i;iow; 'but ~ understood, ' f0i•01gn la,bor hrmgs •to them. hitn t,o -say in hj_s first statement tb;it 'he ,Proposed tp _strike oµt

l\lr. · COPELAND. Mr. P.resident, ·I '8.m, persona·Jily, vei:y rthe ' words ·" agrlc:ulture and." He refe.r:.red i;o ;1}1~1 .last two heartily in favor (}f tile spirit of the -~meudment offered by 1 iwortls in1'1ine '5. -the Senator from Norn~ C~roHna [Mr. 1S1M;M"?Nsh 1\1r. COPELAl\TD. No; I .begin wi1;b the COJJ?.rµp., ou l,ine 5,

(\\'hen the State of l\.1'1.ch:tgan was tfl.N1t admitte<:J, to 1;he Uniop, ~n,d propose to strike out t.be rest of that _pa:i:agniph. Lee-a use of the lack of -o-gl'iClTltu-rists to take ·up -tbe farms, _:1 ";Mr. -ST:E]RiiING. The wo,rtls, the_p, "!an.a.. to -e,x:perien.ced commission was sent abroad py that State to iJ:tdu~e ia.rmei;s !farm laborers Who are going to some agriclrl.tur~l -cli~tt.ict tp of the right ·type to come 1:01 'Michigan, and t4at act on -the engage 1in farming" tile ·Sena1h'J.> would strike 'om? part of the -State tlid much to 'dev~lop :it in an agricultural l\Ir. COPELAND. Yes, Seni;ltor; and the ~QJ.·re$pond111g way. 'words where they appear elsewlwre 'in tl:,le 11m-en,dme-o.t.

We in New York Oity have an interest in this bil1. The 'Mr. · •Sil\fMONS. Mr. Pres-idenf;, 11 usk tb.e 'SeBator why •be pro<luction of milk for our ci.ty~ftuid mi'lk which can 'be de- wo~ld ·insist upon striking those words out in ,the secand ~ee­live,·ed there pure {lnd f·ree from souring-is a great ;>roblem. ,tion, in Yiew of the ·fact -that th.at ~pplies pnly t~ an applica· We now ·get -rnitk from -sev-eR St-ates ancl ·ft·om the Dominiop. of · tion ·made ·by the governor of --a .State ·or 'the 'legislature of a Oanada. Three million quarts of milk are delivered in New ·state for -laborers 1'.or a pa·rticular 16Caiit-y in ·t-hat State to

1924 6611] meet a p1:esi;;in~ need, which has to, ba ap.J.ltov.ed. bY. the. Seer.a. · , to~day., Slid. are. going to i:emain tllei:e, be.caw;e theY,. are making tary? a~ ljfr profll:. lb.. 10, Ol' lZ... Y,ears .. evecy. man. o1Hhose. who, ca.me

Mr. COPELAND. 1·· am glad to accept, the.:. suggestion ofi the :an.d'settled·'. t.liat .colbnx. in mY, State..lia.s. beccune an independent Senator from North Carolina and. omit ftom my, ameJJ.dment . man wltli,considemble:. wealth . . any reference to the second section of_ the amendment.proppsed Mr .. .BRUCE. olitt.Lin.ed. the ftoo~ . by the Senator from Nortll Carollna, .naragraJlh (4). 'I!he. £RESIDENT pro_ tem:go.re..... Il~fore. th& Sena.tor fn:un

Mr. SIMMONS. If' tl1e Senator. will, pai:don. me. he has, SDme Ma.rylanct :g:coceeW3. the. Chain desii:es to ask tbe Senatore b."Olll time left; and' I' wish to'. make this sugg~stion. to · him .. The New York which one of his two amendments he: offers? S~Ba:tor- referr.ed' to the statement of': th.a Seiiator from Penn- Mr. qoPELAND. Mr.. President,. I.. am. sorr.y. if I . did not sylvania. make it clear. I'desira. to. strille .from.paragraph (.c.), U.v<i woras

Mr; Presiue.nt, I. will speali: in my own. time on. the S.enato~'s on line 5 and an· of lines. a -and-1 ·arul to insert.Jn Une.10, on Ilage amendment. z. tl1e flgµres "25 " ' lh.,p_lace: of'the.fle°Ul·es '"50.'.'

Mr. COPEEAND. Vecy wen: The ERESIDENT' pro temP.ore. Then.. tl1e Chair. assumes l\fr: SIMMONS. I desire to address myself. to. the. amend- that; tile Senator from. New. Y.o.rk asks tliat tliese two. amend-

ments o:trered"by the Serurtor from New York. As I's.aid=-~ ments be voted' upon at the.same .time-.. The PRESIDENrr ' pro tempore. Is the Senator ftom Ne:w Mr. COPELAND._ As. a single amendment.

York yielding to the Senator from North, Carolina1 The PRESIDENT' pro temnore.\ IS: there obj~tion to. that M:r. COPELAND. The Senator is syeaking, in hH:;,own time course?

now, r believe. Mt-~ SIMMONS. Ma;v. t unders..tand- ilie. Senator from. New Mr. SIMMONS. I· am speaking to the amendinent . offere~ by York? I . under.stand. the. Senatorr confines .bis amendtnent now

the Senator from Ne.w Yor.k. to_ tl1e fir.st sunseetion, , and it is: to strike, out. all of. subsection T.he PRESIDENT pro tempore. Tbe Senator, :etom. North (c), commencing.. with tlia wo~d "and" on. line. 5. page 1

earolina is now· speaking upon ttie amendment off.a.red by tb.e Mt. COPELAND. Tliat is right. senator from New. York. Mr. SIMMONS .. '.illlat..is the. Senator's, amendment? ·

Mr. SIMMONS: The. Senator P,roposes. to strike. out, the Mr. COPELAND. That is right. words relnting-to experienced farm lubarei:s in tbe first para.. .Mr. BRUCE. Mr. Presid.ent, I hope. that. this- amenclment graph of' the amendment. l :uresume he proposes to do that be:- Wi?-1 not be. ado,gte.d. . The.. S~nato.r. from North Carolina. has ca.use of the suggestion made by the Senator from Pennsylvania ev1dentl~ been i.nd'U.ced almost . entirelY, bY. local consider.atioJls that if those fm:m laborers come into. this country they, will not to offer it, and' I' bal'e. no quar:l'e,L with him. on. tha.t aoc01tnfi i:<t-ay. on the farm, but in. a short time will.: go some.where ;else. r· venture to &aY. that. he. iS. . hardly lllDJJe. . in, sympathl7. w.ith rr· that should' l1appen,_ nobo.cIY would be. b.urtt because. if this hi.s o~ relig_ion than I. am, and tliat ,he..i& hard!~ more familiar preference is not put in· llere. that number of :farm .. lab9r.ers with its wants. Some. years. ago. L was_ making un_ adckess could come ittto this country, not-as farm laborers but as Im.mi" hefore the North. Caroliha Society, of, the dty. of Baltimore. and grants, and' co.uld go whel'e they nlease<L. I see· no .. force in r said that I' was not so fortunate as to have been boi:n1 in tl1at. North Carolina, but. that I was_ born in · Virginia sa near the

We are. not. asking for. experienced. farm. labor antL skilled l1oundary. line be.tween tliat. State and Nm-th Car.ollha that. a farmer.s to meet the . agriculttiral conditions of the. country; as- crtJW could pick . up his e_vening meal on.. my fatl'ier's. plantation a whole, The.. Senato1: from . T.ennessee was. c.orre.ct when he and yet-with ease roost itl the pin.ea of' North Carolina after said they had skilled~ farmers and skilled farm laho.rera , in dark on. the same dny;- I am thoroughlY, conver.sant~ I. claim. Tennessee. We have skilled~ farmers. and skilled far,m . labru-.el!s witli alt the peculiar social; polltical, and: economic concUtiana in some sections of ·North Carolinut and, th~ are- in1 no distress o:t_ the State of·' North Caro.Una.-in regard ' tu labor_ or any. other. agricultural condition in tb<l.9El With great respect, it seems to me tbat tl1e v:iew that. tlle sections. Tlle.Y. are pr.oswous. 1l!ey, ar:e asking, for. reliaf.1,n Senator- fro"!Il North CaTol!na ha~ ta.lten of tbe qµestfon in· the sections ot.:tbe S-0ut~here . they . ha:v.e but one cr..op,. whioh volved: in his amendment is a . suicidal: one. ,F'lrst, , l1e states. has become unprofitable in c.ultivation.. and w.hertt there-· is a that tr great- exodus o.f. farm laborers ftom Nortfi Clu::ollna Ioss of.1abo.c. growing.out of the fact tha.t labo.I'ers in the cotton is going-on. Then, in the .. next· breatlt, he vleads for-. the privi:-­iieldS find it lUlprofttat>le to. remain. there.. lege of: impp.rting_ from. aU;r011d: a- considerable. numlier or· fnr.m

We ai.:e not asking, this. relief fo~ the- wh.ole country, but. foo lal1.o;ens ihto tl:Utt:. State.. A~uming. tl;ffit' he ccmltl get. 11ia se.ctiops. wlmre, this condition. e:x:iSts,..sections.whe.ra·the qµestion I fore1~ farmers to· ~et~le . m . NOrth Cai:olma at' all, has he anl".i of.' diversific.atien. is .. a new: qµestion; , where the-condJ.tions, that good reason- for belu.•n~g that· they m1gbt• not in a short. titne. make dlversifi£ation. necessary is a, new, oonditiDn... T.hat> doea obey exactly the same impulses which l1ave iinI.lell~il . so many not. apply. Jo, tlla whole cou.ntry~.and nob.ody has.contended: that native North Caroli:nians; to-abandon tlie farm& of1 Nbrth Ca-ro­it. <loes; . In the. South it applies-. only, tOi: the . Cotton Belt, and 11.tla? ~~need' not ~ouble·· ~hn~~lf'. a~wt tlie exodus-of native_ only to a. par:t of the Cotton ~lt-to, that. na-r.t of Ute Cotton po.puiatiOn. That w1U.cure"ltseli\ ~igratione ·.of,·ttiatkind:Uavlt Belt that; has-bean1 destroye.d. as. a, cmtton-:growing seetion bl!'· the, : been g?lng· on eve~· smce: the> begrnnings-: of the. ~uman race­adv.ent of the belt weevil, ancl: lost ita, valua to tbe industry1 be;;. and! qu1clten and slacker.a· ih· accordance witlt· d.efthite' eronomic cause the,vnlue. of that crop .has,b.een,destroY.ecL. lnws.

r do not thi~, therefore, Mr. President., that .. the farmers-oft ~ I recollect that many yeaTS· ago, . af~r .. trre- Cl\r.il · War, tJ\ere Utat section ought to be cut off fl:om ,the ·exp_erience<Lfa:fm labor. ,was just sueli aw exodus · fn>m North· Ci:rroUna· as- now alarms­They can. not cliversi.fYi croP.s:; they, can not g9 .. into. animal '. the Senator from North Carolina [l\Ir. SIMMONS]. Botti · of" industry;; they can, not go into . rafore.qtationi; theY. can, not g.q: the Senators; :front• North.• CaTolliuli I am• sure, willl reeaU1 that into diversification on, a b~ad scale, unlaSlil: theY. have• labor.. time. 'Ilhere, waa a: great' dooll of; apprehem;iOn then:· just- as: that understands that metho4 af. fai:ming.; and in. the. Cotton there. ~now on:· We' part; of" the planters: of N'.ortb· Garolimt'. Belt o.f the S.outh,, specia,lly that part o.f" the; Cotton , BeU. ~ I recall the further fact that Fl'ederick Douglass, the- ne~ have not such.labor.. loratol\ pooh>-peohed11ile•idea tliut·tfle eixaduw would· amount to

Mr. McCORMICK. ML Rresident,. has, the Senaton contemT· I anything. He said! with~ his ria-re • gift-' fOr inmger:r1. "The dtJst­plated the bringing of_b_ankrnpt fai:mers-.fr.om. tb.e;N<lr.tllw-est ta. fil.e.8;1. the ear.th :iiemains;'" and ' lte>wae. right\ The-senator f'N>m llis:State-to carry on. that .work?. North Carolina need not gi~ Hitnselff tlie sllghte~ fear that·

Mr. SIMMONS •. We. ha~e-never in the South been.successful: after:· au~ the : du~that i&<:rising atHbe pres9nt timei-sltall' hnve in, br.inging farmers-fr.(}m the- West.. I doubt .very much whether; floa:ted. oft: tile!'&.· wilL bu-·plenty.1 of': g.ood1 s€>li01tuacB.·0arcli· in· the> farmers from the stricken sections of the: W.est could he: in-· soil of North Carolina .. duced: to ceme- to the equally str.icken sections of: the : South. 1 J\1.r. SIMMONS. Mh Br~sillent-"-- · But, Mr. President, . there is~in Holland and in, Sweden a .highlY-. 1

. 'l?h-e~ BRESIDEJNm' pro . tempore. Does: the- Senator from · trained class of farmers and farm laborers. who• are:· ready to: Maryland; yield• to the SenatoI1· from , North- CaTolina? come, we have; e:v:er.y. assurance-; We-have investignted<.it1, and Mr. BRUCE. I yield, but I hope .the Senator will· be briat; they are ready to come, and they are the people we want. In; booa.use I . do.-not want~ to he :depriv.ed1of any ·of' IJll'\ time, which tbose-oountcies farm labor is espeeialll!- qualified• an.di fitted fbr is very short~ the· kin.dr of farming. wei want to inaugurate ini· the, South; W4& : Mr. SIMMON& '])be· senator :rofef'81 tlo i 3?D episode, ih. North have:br..ougllt quite a numberr-- Carolina.. 'Uhat em.ig.rBtion· from1 the State about: whicli tfie

1\k. S!HPSIT!EAD1 Mr. President-. - 'Senato:ri speakat . and ago.inst . which we prooosted~ grew ~· Mr. SIMMONS. I have but .. a little ·time; and Ir caninot yield; ; serious~ drawin& oun· labor.· to. sueb·1 urn extent'" that tl1e: legi.sla­

w~ ha:v.e brought a · number of, tl~ose · neeple into No:r.th Garo-- ture of the State_, hwit ta, enaeb. v.er.y stri:ctl la.ws: imposing the • line from· tba.t section of. Elur.one-farme:cs , and farm labom.rs.: 'se'>l0l'e&b penalties,-. OOtlr imprisomnent~ and. fine, upon anybooy 'llhay ha:v:e: stayed tbei:e. They have: pa.id fo.ri tbein lO·a~ fru-m1 'who came. in.to.· the · State ~ftm th0! purpose . of: saliciting1 labo1· uml; and they bave paid for their 20-acre farm; _. andi they a.re: the~ 'inducing_- it• to; leaNe. the; Statro '.llhat: was. m situation that waat

6612 CONGRESSIONAL .RECORD-SENATE . APRIL 18

almost as acute as the present situation. A man wakes up In the morning and finds his whole farm abandoned by his labor.

Mr. BRUCE. In other words, the Senator became needlessly panic-stricken then just as he is needlessly panic-stricken now. That situation rectified itself. In a short time natural laws began to operate and the efflux from North Carolina ceased; and so, with some shift in existing economic conditions, will the present efflux also cease. ·

I would like to ask the Senator whether he has gone into any arithmetical calculation to determine what the immigra­tion under his amendment would amount to? As I understand it, probably some 65,000 persons altogether would come into this country under the provisions of the pending bill and re· main here. The gross quota is fixed by the pending bill at 150,000 persons, but from that amount must be deducted the 10 per cent of immigrants who never use their vises.

l\lr. COPEI,AND. It is 240,000. l\Ir. BRUCE. That does not really affect the force of my

reasoning. There must be deducted also 33 per cent for the immigrants who return to the lands from which they came. That leaves a net which, when distributed over the whole United States, would give a mere handful of immigration to the State of North Carolina.

l\fr. COPF.LAND. I was wrong, may I say to the Senator. It was 170,000.

l\Ir, BRUCE. I thank the Senator from New York. He says the quota is 170,000. I thought it was 150.000. Of course, his correction is too immaterial to prejudice my argument.

I could not conceive of anything likely to be mQrt> futile than an attempt to bring farm laborers from abroad into such a State as North Carolina. It is like Virginin nnd other Southern States. Its circumstances are such that it must simply rely on its own internal resources for increased popu­lation.

Any deficit of negro population that may rei;1ult from the outflow of negroes from the State of North Carolina-such ls the infinite capacity of the human race for self-multipli­cation-would be soon offset by an increase in the native population itself. The Senator knows just as well as I do that all efforts to bring farmers from the Northern States of the Union to the farms of the South have proved wholly abortive. We have had our immigration commissioners, om· immigration agents, and our advertising agents of one sort and another and we have endeavored by all means in om· power to persuade our own flesh and blood, our own kith and kin in other States of the Union to come down and settle south of the Potomac, but with little success. Tile Senator from North Carolina [Mr. SIMMONS] stated the other day that the entire foreign element in NorVI Carolina amounts to only 1 per cent or less.

Mr. SIMMONS. It i~ less than 1 per cent. Mr. BRUCE. The whites will not go into a State like

North Carolina, either from abroad or from other States of the Union, to any great extent as farm laborers because just as soon as they do they are brought at once into competition with the negro· population, and also into competition with whites whose modes and standards of living are in many re­spects very different from those to which they have been ac­customed.

Now, I do not consider that altogether such a bad state of things because it has at least preserved the pristine purity of the blood of the people that originally colonized the State of North Carolina.

The PRESIDENT pro tempore. The time of the Senator upon the amendment now pending has expired. .

Mr. BRUCE. I will take the rest of my time on tlle amend­ment of the Senator from New York.

The PRESIDENT pro tempore. The Senator can not speak upon two a·mendments at the same time. The Senator can take his 10 minutes upon the bill at this time.

Mr. BRUCE. Am I not at liberty, first, to take 10 min­utes on the amendment of the Senator from North Carolina and then 10 minutes on the amendment of the Senator from New York? .

The PRESIDENT pro tempore. The pending question is upon the amendment offered by the Senator from New York.

Mr. BRUCE. · Then I reserve my time on the bill. The PRESIDENT pro tempore. The Senator from l\farylantl

can take 10 minutes upon the bill if he so desires at this time. Mr. BRUCE. Something may arise to make me wish to take

it at another time, and I reserve my 10 minutes. Mr. McCORMICK. Mr. President, it is with no unkindJy

reflection upon his purpose that I venture to suggest that the amendment of the Senator from North Carolina [Mr. SU.IMONS],

if it were not a·n amendment. might be entitJed "A bin further to injure the farmers of the Northwest in the supposed interest' of the farmers of the Southeast."

There is now a great agricultural liquidation which touches every corner of the earth. Last year, if I remember rightly, there \VCre 20,000,000 acres more under wheat than there were during the Inst year before the war in the Argentine, in Aus- · trnlia, in Canada, and in the United States, and 8,000,000 per­haps of those 20,000,000 in the United States. We have sought to check the influx of immigration for many reasons, one of them because we seek to protect' the industrial worker of America who is faced with a diminution of employment. It is not consistent for us, sir, to throw Ol)en the gates to agricul­turists or pseudoagriculturists-who are not to be bound to t!Je land like medieval serfs-and thereuy injure the distresseu farmer of America. ·

Mr. Sil\11\fONS. l\lr. President--The· PUESID.EN'l' pro teml)ore. Does the Senator from

Illinois yield to the Senator from North Carolina? Mr. McCORMICK. I yield. 1\1r. SBfl\IONS. I infer from what the Senator has said wlth

reference to throwing open t4e gates to farmers that he thinks my amendment provides for the immigration of farmers in ex:cel"lS of the quota. It does not. It is \Vithin the quota.

Mr. l\1cCORl\lICK. If the Senator from North Carolina will look at the quotas from Holland and Scandinavia-and I think ht> referred to Scandinavia and Holland in his speecl.t--

1\lr. Sll\11\tONS. I could only get from those two countries the amount of immigratfon which would be allowed undei· tile immigration act if the amendment should be adopted. It ·does not include the total number of immigrants.

Mr. McCORMICK. The aggregate quota unfilled from those countries to which the Senator bas refel'l'ed is something Jess than 5,000. The Senator kno,vs very well that there are few in this body who hold him in higher regard than I, but the amend­ment whiC'h he proposes defeats the purpose of the bill ap.d strikes directly at that very class of Americans who to-day are suffering mo!'lt nud whose sufferings are likely to be the most prolonged-the farmers of America. It is a proposition to con­tinue and to increase the distress of the American farmer.

~fr. SHIPSTEAD. Mr. Presillent, the Senator from North Oarolina [Mr. SnrMoNs] expressed the desire to get as immi­grants coming to this country higllciJ.•ade farmers. I believe that he mentioned Sweden, Norway, and Denmark. As a mat­·ter of fact, for a great many years there have come. no farmers from Norway, Sweden, and Denmark. Last year Nor~·ay failed to send her a1lotted quota over here. Over 2,200 people who were entitled to come here from Sweden under her quota failed to come. From Norway 1,990 persons were allowed under the

· quota to come here who did not come. From Denmark more than 2.000 failed to avail themselves of the right to come here under her quota. There is a very good reason for their failure to come as farmerf':l. It is because the Governments of Sweden, Norway, and Denma1·k have during the last 20 years enacted so many Jaws for t11e encouragement of ::igriculture that their farmers can not better themselves by leaving their country if they wish to remain in t~1e occupation of farming. They can borrow i;poney 1111 their land at 3 per cent. The Go,·ernment llas in many ways. hy the construction of public ele·rntors, by varion:-i laws suh:::;idizing agriculture. made the business of farm­ing ~o desirable that they do not leave their farms in those countries and immigrate to Argentina ot· to Canada or to the United States, as the.v did until about ~O or 25 years ago. .So if the Se1rntor from North Carolina [Mr. Snnrn:Ns] hopes with this amendment to induce scientific farmers to come over here, I nm afraid, if the amemlment be · adopted, he will not succeed. People from those countries are not now ruaking use of the i·ight under the quotas which they have undee the immigration law to come to thiR country in as large numbers as the law allows. JUr. President. I simply wished to call that matter to the Renator's attention.

Mr. SIMl\IO~S. ~fr. Pre:":ident, if the St>nator from l\linne­sota will pardon me, I should like to nrnke au inqui.ry. I shall have to <lo it, however, in hi!'I time.

1\fr. SIDPSTEAD. I yielrl to tile Renator from North Caro­lina.

Mr. Sll\Il\IONS. Early in my remarkR on yesterday I cauRe<l to be incorporated a statement of Mr. Hugh ~IcRae, who is the founder of the famous Castle Haynes Colon.v in North Carolina, which ls engaged in demonstration work, and which is visited for purposes of instruction hy people from all the surrounding States. Mr. McRae has given very great Rtud:r to the subject. Last year hf> weut to Europe and spt:>nt ~e\·tc>nll months there Investigutiug thiR situation: especially llhl he uire close study to it in Holland. He states:

1924 CONGRESSIONAL RECORD-SENATE 6613 • • • I went over to HoUand to se.e i! th.ere was any group

over there who would come and any who would dlrect immigration. I found that the govern.ors and other lnfiuential people, the best people of Holland, were forming such a group. They were willing to take the best people in Holland and let them come to the United States or wherever they were needed. And the reason tor that is this : Bolland is so densely populated-about 500 people to a square mile-that it is necessary for them to bave an outlet for their people. These people must go to Canada or other places if we do not have them co.Ille to .America. If we admit theni here they will help us to develop our land, because 1t ts known that they are the finest farmers in the world. • • • They will come to accredited loca.tion.s with the nlJproval of their government officials and selected by them. This is possible be­cause of the afteretlects of the war and the collapse of the German markets, which absorbed a great proportion of the products of Holland, Denmark, and other countrtes of northern Europe.

Mr. SHIPSTE.AD. Mr. President, I will say t<i> the Senator from North Carolina tbat in my remarks I did not mention Holland because I am not familiar with it. I am very glad to bear the report which the Senator has rend.

I will also say tha:t I can not agree with the point of -vie:w · tbat is held by some Sena.to.rs who favor a restricted-immigra­tion policy on the ground that if we get people from Holland or from Italy or from · France or from any other country th.e-y will not be as good people as we are. I look at too immigra­tion question from a:n entirely different point of view. I look at It from the point of view at protection for those who 6.l'e already here, no matter 1.from what country .they came~ I do not like the idea of bringing in1a great number of farmers who are willing to ceme here and live on the basis of a lcnmr standard of living than American farmers. 1 do n.ot like to bring in ·here a lot of people who wlll work for lower wages and live on a lower standard than now exists in America, ·not

1

because I tbink that we are so much better than He other people but because, I rep.eat, I want to protect trhe people who are already here. A restricted-immigration poliay, with 'the present eeonomic conditions on the farms, and also ·in the :urban centers, in my opinion will 'J)l"Ot.ect rthe American sta.n.dnl:rd«Jif living. J: can not have any tolet'ance ·:for basin.g the policy

•of restriction on Tacial prejudice ; I mm not find it in IDY' henrt to hold prejudice against any race.

Mr. REED of Pennsylvania. Mr. Pt·esident, tne -Sena.tor !from Minnesota would .not, I think, -wish t-0 a'llow a misstaite­ment to stand ; and although it is n<>t a very important point. I iI think be would w.a:nt me to correct hie statement as t<> the ~haustion of the quotas. The quota of the Netherlands was exb.Slusted before Ferbuary 1 of this yeal.' ; t.he quota ,:fo.r Denmark, for Norway, and Sweden has been .exhausted in each 1ca.se since the 1st of thbl month:; so that all four Of those · quotas are now exhausted.

Mr. ,SHIPSTEAD. For tbis year? Mr. REED of Pennsyl¥ania. Yes; fDr this year. Mr. ·sHIPSTEAD. I have the sheet for last year, np to De­

cember 31 of 1923. Mr. REED of Pennsylvania. The quotas tt:re computed 'for

fiscal years. The sheet ehawing the .figmes ending December Sl, 1923, is only for the first half of :that fisce.l year.

Mr. SHIPSTEAD. I am very glad to be corrected. It is srnfe to say, hawever, tbat 11 the quota was exha-usted it was not by farmers. . ·

Mr. FLETCHER. Mr. President, may I 'ask tbe Senator from Pennsylvania a question?

The PRESIDING OFFICER (Mr. Otrans in the chair). Does ·tlie Senator 'from Pennsylvania yield to the Senator from Floriaa? ·

Mr. REED of Pennsylvania. Certainly. Mr. FLETCHER. I!, tar Instance, Norway dia not exhanst

her quota last year, but was entitled to some 200· more. she would not be allowed , to add tlmt nnexhausted quota to the quota for this year, woU'ld she?

Mr. REED of Pennsylvania. No; the quotas go by fiscal years, and there is no carry over; but, as a matter of fact. in the last fiscal year, which ended !June 30, 1923, the Norwegian quota was entirely taken ; the Dutch quota was entirely taken ; the Danish quota was 93 per cent taken ; and the Swedish quota was 99.1 .Per cent t~en.

Mr. JONES of Washington. l\lr. President. 9n acem;int of my committee work, I have been unable to listen to very much of the discussion on this 'btll. I r~gret this very .timch, because 1 consider this one of the most important measures that Con­g:res.s is calletl upon to consider. The debate ~ yesterday was about the first that I have been able to 'hear, WbUe 111y votes on tbe amendments in<Iicate, I thi~ nrettv clearly my view, I feel that I should take a few ~nutes pf the tip:ie of the

•

Senate to give some of the reasons why I take the position which I do take.

Mr. Prffident, the views which I hold with reference to immigration are not 9f recent origin. I have hel'a them for a long time. In 1886 I deli:vered a Fomth of July addl'eas in which I took a veriy decided stand in favor o:f the restriction t>f immigration, and those views have grown stronger with the passage of the years. It is known, of course, to all thnt the sentiment in the country in behalf of the restriction of immi­gration has beeu increasing very rapidly. Two or thrf')e dif­ferent Presidents have vetoed legislation which Congress passed. on this subject, and their vetoes were not ove:rri.<lclen until just a few years ago, when the sentiment of the co.untry had be-;­.come so strong as to be reflected in Congr~ suJjlciently to \)ring about a tw6-tblrds vote in favor of restriction.. The eonditions iwbich have developetl in our country with the coming of the miUions has bro-ught that sentiment.

I oosire ·to read. .as Jn.dicating t~ sentiment in my Stnte, ,a declaration f.rom the platform adopted l>y the Repu.hlican eon~ vention held just a few days ago. Wl1ile. of course, this is not ·a paxtisan question, and I am glad that it has never been consi~d ftS sueh, this ·platform declaration ~s indicate the strong sentiment among the Republicans ot the State of \Vnsb.­ington, :which I nm sure is tlle. sentiln®t of the great majority of our .i>e<>Ji>le. l read from a .telegra)iliic copy of tb,e plat­form:

We favor 'the princlple · of restrlc1ed :lmmigll'&i!ion. We believe that Immigrants should be limtte<l to the lo.west p-0ssib-le- number until we shall have aesimilated -the Tast rmmJ)er of forei~el'S now resiu~~t 1n the 1Jnited States. We u.irge -the enactment into Jaw of the so-called J'obnt;on immigration bill now bef&.re Congress In su.betontfaily the form In which Jt sppears in the lllouse of B~11esentat1ve11. We particu­larly approve using the census of 1890 as the ba9is of the allotment mttll we shall bl time have w01•Jted out a betteJT sy11tem o'.I' choosing immigrants before their embarkation. We favor the extension 0f the principle of the Chinese elllclu&ion act to nll ·Asiatics. We favor • a C&»tttltiutional ·am'endment deny,!ng citbenShlp to children born in this count.l'y of ·parents ineligible to cttisenahip.

~Ir, President, I did not write that _plank; I oid not sugt;est it; but it exJ;Jresses "Very clearly and very de:finttely the views which T have often expressed in public addre~ses throughout the, State. I have myself introduced a joint resolution pro­posing a constitutional amendment to p'r0vlde tbat chlldt·eu of A.statics born in this country shall not be. considered as citizens of this country. As yet, however, no action has been taken with refe1•ence to it.

'One reason, Mr. President," why I am in :favor af tbese ve. ~ ·y stringent restrictive moosu:res is beean~ I want to put dt'f ;tust as long as •possible the time when we shall have a density of populatlcm. 'in this country compared to that tn Europe or other countries. That day is cqming ; · tt ·can not be avoid ell ·; but, as I have said, 1 want to put it off just as long as I possibly -can. I shotild like to see, when that day comes, t}lat om popnlatian ·shfill l>e a solidified American populatiort, a population devoted to the principles t'1f 'the system of govern­ment 'in which we- believe. ·Unless that is done the day wm come when our Republic will be tested to the limit, and it will ·come much sooner the more freely we admit immigration.

l\Ir. President, I voted for entire exclusion for a perio6. One reason for tlolng: that was the reaSOJl which I ·have just stated. Another was because I am opposed to discriminating between Caucasians. They should all be tre&ted •alike. Another reason was; We have no iM)lidarity of American thought in thIB

.oountry, nnd e~ ·Of politi-cal t4ought. We here in Con­gress ba;ve evidence almost every d.llY of the la.ck •Of apprecia­tion Qf what it me~ to be an American citizen, especially .upQn tb.e ,part of tbose -who have ·come here and who lla\e been 'granted this right. .

I oftel,1. receive telegrams and lette:?s protesting agairuit this o.r that type of legislation, not because of its effect upon tllis country or upon this peopl~1 but 1beco.uae of its etiect upon .another country or another people. Mr. President, that can mean nothing except wealmess in this country and a lack of proper citizenship. The interest .and w~are of this country should be put .abo~ that of every .<>ther country, and that will he done by every American .citizen who ls what be ought t<> be.

I remember that just a, few .days ago I heard a Member of Congre$s state, after the :pasMge of this bill through .the House. of Representatives, tWJ.t the passage of the bill meai1t the loss of tho~ands of .votes to ,the Republican Party in a certain State. Why? Not because t~y believe that it 1s not bene:flclal to Ameclca, but because they believe that it is ~­trary m tlie int~rests Qf some Qthe? raie or BODlfl other class of pe.opl~ in some otber <lO\W.trjl'.

6614 CONGRESSIONAL RECORD--SENATE APRIL 18

Mr. President, I remember that just a short time after the war ceased President Wilson look certain action with reference to a certain situation abroad. I received a telegram stating on behalf, as it said, of 5,000 voters that if that action was confirmed, if that action was adhered to, the Democratic Party would lose these 5,000 votes. Mr. President, that is a bad con­dition. That is a sentiment and a feeling in this country that we must get rid of if we possibly can.

I voted, Mr. President, for entire exclusion in the hope that after a period of five years those whose interests and affec­tions seem to be tied up to a foreign country would be cen­tered more upon this country and upon America's interests rather than foreign interests.

It is not strange that people who have come over to this country, and have been here just a short while, should have their affections still fixed upon the old country and upon their friends and relatives there. That is the natural thing; but it is inconsistent in its expressions with real, genuine Ameri­canism and the sort of Americanism we want here.

l\fr. President, my reason for favoring exclusion is not be­cause I think we are superior to these other people-not at al~. I favor it because I believe it for our best interest. We want to live our own life in our own way. We believe in certain principles and policies Gf our Government and we want those here who believe whole-heartedly in them. That is all I take into account in acting on this matter.

Some urge us to admit immigrants to meet special industrial conditions, to meet alleged shortages of labor. That might be justified if such conditions would never change. Depression will come and then the idle and suffering would be increased with resulting dangers and disorders. It is better to bear the need of more labor than to endure the ills of forced idleness with surplus labor.

l\1r. President, we have confronting us the Japanese problem. We can not get away from it. It is here. It must be met, and in my judgment the sooner we meet it the easier it will be solved. The longer it ls delayed the greater the danger is to the friendly relations between Japan and this country, and the greater the danger to our institutions and our Gov­ernment. I have maintained that position and expressed that attitude for a good many years. I have felt that the longer we put it off, the more of this people we have here, the more danger to us, and the more difficult the solution of the problem. So I am glad that we are meeting that problem squarely in this bill at this time.

Why should we exclude the Japanese? We should face the question openly and frankly, and I believe that the franker tne spirit that we meet it in, the more likely it is to be settled without trouble or ill will. We should exclude them because it has been our settled policy since the foundation of the Gov­ernment that the yellow race should not be admitted to citizen­ship. I think it is unwise and dangerous to admit to this coun­try people whom we will not give the right of citizenship.

Then, Mr. President, I am in favor of excluding them for the reason that they are a separate race from us. That is a frank statement of the situation. I do not consider them inferior to us.

The PRESIDING OFFICER. The time of the Senator bas expired.

l\ir. JONES of Washington. Mr. President, I will take 10 minutes on the bill.

I am willing to concede for the sake of the argument that they are superior to us. It is not because of their inferiority; 1t is not because of their defects, or anything of that sort; but it is simply because these two races can not live together in a satisfactory way, and we might just as well face it, and they should face it, and i believe they will recognize it if it is stated to them frankly and squarely.

I have nothing but admiration for the energy, courage, and capacity of the Japanese. Their wonderful progress and devel­opment during the last 50 years has been the amazement of the world. Their victories in war and their achievements in peace show them to be a great and superior people. I have not sympathized with the suspicions that have been uttered with reference to them in the past. I believe they have shown during the last few years that they can be depended upon to act scrupulously in compliance with the promises they make.

. They have set an example for the world to follow by their scrupulous compliance with national promises and obligations. Conceding all this, these two races can not live together in peace and harmony; they can not develop together as they ought to develop; and so, Mr. President, I want us to meet this question fairly, openly, and frankly and act for the best interests of hoth races and especially for our best interests.

Let the Japanese people and the Japanese Government under­stand that there is no unfriendly feeling on our part in what we do. Let them know that there is no question of inferiority involved. We admit that they are as able as we are, that they are as progressive as we are, that they are as honest as we are, that they are as brainy as we are, and that they are equal in all that goes to make a great people and nation. We, however, do not live as they do, we do not think as they do, we do not love as they do, and we do not worship as they do. We want to live our own lives in our own way. Their ways are not our ways. Their thoughts are not our thoughts. Their Ii ves are. not lived as we live ours. Their ideas ef government and of religion are different from ours. It is not best for them and it is not best for us that the two races should seek to live to­gether. So, Mr. President, all we want is to recognize this insurm·ountable fact and take the action which we sincerely be­lieve to be for our best interests without in any way feeling or suggesting that they are not our equals.

Mr. President, the Japanese nation and people are a great people and a great nation, and they know that it is one of the fun<lamental attributes of sovereignty and of a nation to decide for itself what people shall come to its shores and what people shall not come. It has that right. If it sees fit to say that we can not come there, I have no question to make in regard to it; and so they must recognize, as I am satisfied they will recognize, that in passing this law we are doing only what every nation for the preservation of its own life has the right to d<>­say what people shall come to its shores and what people shall not. And when we do it they have no right or reason to object and they have no cause for resentment or offense.

Mr. SMITH obtained the floor. Mr. SIMMONS. Mr. President, before .the Senator IJegins his

speech will he yield to me for a moment? Thei PRESIDING OFFICER. Does .the Senator from South

Carolina yield to the Senator from North Carolina? Mr. SMITH. I yield. Mr. SIMMONS. I shall accept the· amendm·ent offered by the

Senator from New York to strike out the words "ancl to ex­perienced farm laborers who are going to some agricultural,. district to engage in farming" as it appears in section (c), and to limit it to 25 per cent.

Mr. SMITH. Mr. President, I do not know that I am very much concerned about the amendment of the Senator froni North Carolina which proposes to give special consideration to a class of immigrants who would go on the farm, but I am concerned about the inference that may be drawn from such an amendment, and especially from the speeches that the Senntor has made in support of his amendment.

Mr. President, I do not think any intelligent student of the agricultural situation in this country-I mean a practical student of it, one who not only has studied the question academically but w1io by experience knows the real conditiom; that surround agriculture to-day-will seriously claim that we are lacking in agricultural skill in this country. Th~ posi­tion taken by the Senator from North Carolina is practically an indictment of the intelligence and the administration of the institutions of this country that are devoted to the progress and development of agriculture.

We have our Agricultural Department here to which we have from year to year given millions of dollars. We have our subdivisions in the several States independent of the depart­ment here and cooperating with it in developing agriculture along all practical lines. We have spent millions of dollars in searching out different kinds of plants adapted to particular communities. We have tried to develop in our different agri­cultural departments throughout the United States those who have not only a technical but a practical knowledge of the soil adapted tQ certain things and the methods of breeding and pro­clucing the maximum from a given amount. Therefore it is not getting skilled agriculturists in this country that is one of the needs of agriculture. The fact of the business is, Mr. President, we have too much skill now in proportion to the other crying .needs that confront agriculture.

The Sena tor must not forget that .in one of the attempts at diversification in bis own State just a few years ago carloads of strawberries were dumped into the ditches hy the side of the railroad tracks because that attempt to diversify agricul­ture in his State was not profitable.

Senators here must not forget that just a few years ago an attempt was made to diversify some of the standard crops of the South with the planting of certain forms of truck. We tried potatoes, and it did not pay to dig them out of the ground. The first essential for us to consider is not the ques­tion of skilled agriculture. We have all the institutions and all the means and the best brains and the best blood in this

1924 CONGRESSIONAL RECORD-SENATE 6615 country to meet that task if that task were worth the meet­ing when met. The trouble 'vith us is an absolute lack of a system of marketing and a system of distribution that would make farming profitable.

Mr. SIMMONS. Mr. President, will the Senator yield to me? Mr. SMITH. I yield to the Senator from North Carolina. l\Ir. SIMMONS. I wish to say to the Senator that we did

some trucking diversification in my country, and what the Senator says is true of f?Ome years. Th~re will be a potato crop in one year that will hardly bring the farmer the ex­pense of shipment, due to his not getting into the mnrkets at the right time, generally. Then the next year he will sell his potatoes for $5 a barrel. Last year, around the town in

·which I live, men marketed ,their whole crop of potatoes at good figures. One man bad 30, 40, or 50 acres in potatoes and be sold every barrel of them for $5 a barrel. Around Nor­folk, where they truck, of course they have the same sort of ill luck and good luck; but as a whole, according to my under­standing, the truckers around Norfolk, where that industry ls carried to a higher standard of development than any­where else that I know of in the South, have become men of independent means.

Mr. SMITH. Mr. President, as a matter of course the Senator is now confirming the argument I made. Those people were able to produce potatoes and produce them in such an abundance that they could not get a market for them. This diversification cry that has gone over the country is without substance. Those in favor of it would have us go out and indicate to the farmers in the vast areas of America what particular crops they might grow and grow profitably. . That is to be left to the experience of those who are engaged in the work. Several years ago, during the administration of President Wilson--

1\fr. JOHNSON of :Minnesota. l\lay I take just a half a minute of the Senator's time?

Mr. SMY.rH. I am delighted to yield. Mr. JOHNSON of Minnesota. I trust the Senator from

North Carolina will stay in the Chamber; I am not going to jump on him. ·

• ~Ir. SIMMONS. I will stay if the Senator desires that I shall stay.

Mr. JOHNSON of Minnesota. There is talk of skilled labor. It is mostly a question of good luck for the farmer. I do not care how skilled the labor is, if the weather the farmer has is not right for him. If the weather condition happened to be too good., he would produce too much. For instance, in 1922 in one part of North Dakota the farmers put in potatoes, and it did not pay to dig those potatoes. I talked with one North Dakota farmer in the section where that happened. He told me I was not a bit smarter than my neighbors we.re, but I happened to put in 200 acres of flax and I made several thou­sand dollars, and my neighbors with potatoes did not dig them at all.

Mr. SIMMONS. Wiil the Senator yield? Mr. SMITH. I can not yield. I have only a moment left.

It is not profitable for us to be discussing a situation academi­cally, and painting little possibilities which may occur here and there, when the fact remains that agriculture in America, taking it from the staple crop down to the most indifferent part of our trucking, is a tragedy now. Our committee rooms are crowded with the terror-stricken wheat producers of the West and our own producers of cotton, in spite of the fact that ou account of the exigencies that have beset it it has been re­duced from a maximum of 16,000,600 bales per annum to an avemge of the last five or six years of something like nine and a half million bales, with the world's demand as great as ever or greater. The price cotton is bringing is not paying for the production of it.

WhY', in the name of reason, should we stand here and even intimate that we want another single individual engaged in the production of any of the agricultural products of this country when those who are now engaged in such production are clamor­ing at the doors of Congress for some relief outside of that which they can get by tbeit' brain and their ingenuity? We had better devote our time to studying the problems of that class of our people whose condition, through our neglect, is threatening the very foundations of our governmental insti-tutions. ·

The PRESIDING OFFICER (Mr. JONES of Washington in the chair). The time of the Senator has expired.

Mr. SMITH. I would like to :fiuish what I have to sav about this immigration bill, anrl I will take 10 minutes on the bill.

The PRESIDING OFFIOER. The Senator has 10 minute.~ on the bill.

Mr. SMITH. The main object for which I rose was not so much to speak on the amendment of the Senator as it intimates that we should select certain skilled labor for agriculture, be­cause, as he v~ry pertinently remarked, the number who would ·come in under the provision is coming in anyway, and w'e would not add to or subtract from it; but it was the implica­tion of the amendment to which I object; that is, that we need any more labor on the farms to-day.

· As I started to remark a moment ago, during the administra­tion <1t President Wilson there arose this question of the exodus from the farms. I h~ppened to be in the presence of the Presi­dent one day, and he asked me if I bad any suggestion to make along the lines of inducing people to go back to the farm. I told him that the answer was very simple--make it profitable. The moment you make agriculture profitable, or the moment it becomes profitable, you will not have to incorporate in an immigration bill a provision to select immigrants to come to till our fields. . The reason people are fleeing from· the farms now is because it means economic ancl social and educational death to stay on the farms. As rapidly as it is possible we are becoming a nation of classes-those whom grim necessity or the lack of .divine investment in brains will drive to the soil, and those who will go into other vocations, as they are doing to-day. - Take a farmer working from 12 to 14 hours a day, with less

than an average return of $1.10 in the aggregate, staying on the farm and working for that length of time: while right through the plantation, perhaps, is going an industry whose wage is fixed at from $3:20 to $3.50 a day.

Take the ·interest rate which the agriculturist has to pay to-day, the freight rate he has to pay to-day, the profit on all that be buys, without the privilege or the machinery by which he can pass this intolerable load on · to those who buy his product. That is the basis of the reason for the condition that exists to-day. In North Carolina the Senator would find all the skilled cattlemen he wanted if It were profitable to raise cattle in America. Where are the men who had the vast plains of the West covered with their cattle, men skilled in rearing, skilled in shipping, skilled in the manipulation of all branches of the business, skilled in the breeding, who clamored here with us for another loan from the Government in order that they might live? . · You would get all the cattlemen you wanted if it paid to raise cattle. It does not pay. And, in addition to that, there is another handicap. That is, you are too far away from the center of consumption.

Mr. SIMMONS. Mr. President-- . The PRESIDING OFFICER. Does the Senator from South

Carolina yield to the Sena.tol' from North Carolina? Mr. SMITH. I yield. Mr. SIMl\IONS. Does not the Senator know the idea was

that under the Norbeck bill the Government would help the farmers of the West to buy cattle, so that they might diversify their farming-that that was the ground on which it was urged?

l\Ir. SMITH. Did the Senator vote against it? l\Ir. SIMMONS. Yes; I did not vote against it for that

reason, however. I voted against it for the reason I gave th6 other day.

. Mr. SMITH. That is all right. The attempt to lend the farmers money to buy cattle and to diversify the farming in the wheat region was defeated here by the common sense of these Senators, because they knew cattle raising was not profitable. · Mr. SIMMONS. · But the western Senators who wanted the farmers to diversify voted for it, did they not? The Senator fro~ 'Minnesota [Mr. JOHNSON], who now says he does not want diversification, voted for that bill, the object of which was to have the Government lend money to the farmers of the West in order that they might diversify, that they might buy stock and stock their farms.

Mr. JOHNSON -of Minnesota. The Senator is mistaken. I did not say I was against diversification. I was for the Nor­beck bill. I say that that bill would assist in leveling up the farmer's problems a little more.

Mr. Sl\IITH. I cnn not yield further. I knew that as soon as I struck tbe truth in this matter we would hear from a lot of Senators.

I do not intend to take up any more time of the Senate, be~ cause it does look stupid for us to stand here and talk about getting skilled labor on the farms of America when the most skilled labor we have is knocking at the door of Congress trying to get something from the Treasury to live on because

. it has made an egregious failure. Let us not be diverted· from trying to solve a problem which is a very acute one now.- As ·I said, and I repeat, I do not object so much to the idea· back

6616 CONGRESSION AE RECORD-SEN ATE APRIL 13~

<>f the Senator's ti.mendment that we go in and select farmers. It ls the implication in it, the impression it is likely to create in this country, that something is wrong with agriculture because we are not diversifying. .. · The product of every form of agriculture needed for the

eom!ort and for the consumption of the American people is being produced now and being produced at a lo&<:;. Why do Senators want to add to it anywher~ in spots or generally?

All the cattle and hogs and sheep we need are being raised now, and raised at a loss. Why cw you want to bring in !killed labor and send it to some remote corner to add to the aggregate o1 the burden and the loss?

All tbe cotton we need is being raised now. The Senator said the boll weevil had eut the production down. It has cut it down, and those who manipulate our markets are cutting the price in balf. It is like the remark somebody made about the old doetr~e of predestination:

I can and I can't ;-I will and I won't ; I'll be damned tf l do, I'll be damned if I don't.

The farmer gets hit, no matter h<;>w you ~ it, and I shall not stand on this floor and advocate, either directly or indi­rectly, a misleading amendJnent that would give the public to understand that there ls something wrong besides the funda­mental fact that we have oot b.rave1Y prQvided for agriculture t.llat system o.f banking and cur,ren.cy which it needs, th.at method of marketing that 1t needs, and that contribution of mo,ney to the farmer in such a manner that he could hold his products. dictate the price, and absorb the charges that are now absorbiiig him.

The PRESIDING OFFICER. The q-oestion ls on agreeing to the amendment of tbe Senator from North C~olina.

Mr. SMOOT. I ask for the yeas aJHl nays. Mr. SDllIONS.. I had intended to say tht I am willing

to accept the amendment offered by the ~nator from New York [Mr. OoPELAND]. .

The PRESIDING OFFICER. The Ohair was informed that the Senator had done that, and bad modified hls amendment to that extent.

Mr. SIMMONS. Very well. Mr. PITTMAN. I desire to offer an amendment to the

amendment of the Senator from North Carolina~ The PRESIDING OFFICER. The Senator from Nevada

orters an amendment to the amendment of the Senator from North Carolina, which will ba reported.

The READING OLE&x. Strike out paragraph ... ( c)"; strike out the letter ,. ( d) .. in line 8 and substitute the leter " ( c)" ~ i:r;i.sert after the word" laborers" in line 7, page Z, the words ... to meet such demand " ; and insert after the word '' locations " in line 8, page 2, the words " where the demand exists."

The PRESIDING OFFICER. Does the Senator desire this to be considered as one amendment?

Mr. PITT~!AN. Yes; and I wourd like to have it reported as it would read tf amended.

The PRESIDING OFFICER. The Secretary will report the amendment of the Senator from North ' Carolina as it would read, wlth the amendment of the Senator from Nevada incor­porated in it.

The READING CLERK. As proposed to be modified by the Sena­tor from Nevada it would rend as foDows :

(c) Whenever the l~isla.ttU"e or the eover:nor of a State makes a request of the Secretar7 o~ Labor for 6kllled farm laborers or far skilled farmers who are expert in agronomy, forestry, horticulture, ar animal busbaDdry, of any nationality, for the. purPQse of filling a speclflc need Jn that State, the Secretary of Labor, with the Secretary of Agricult'!ire, may make a review of the situation, and upon their approval, ln the issuance of immigration vis~ certificates, preference shall next be given by tbe coneuls, to 'skilled far:mers and experienced !arm laborers to meet such demand, ~ubject to such regulations as will in6ure that they go to the ep~clfled locations where the demand exists.

The preference provided In (c) of this section shall not, in the case of any one country, exceed 25 per cent of the quota allotted to such country.

Mr. PITTMAN. The amendment means simply that there is not a preference generally given to skilled labor by the act it­.elf. It simply reeerves to any State to det~rmlne for itself if and when it is in need af skilled farm labor. It would seem that that would remove a great deal of the objection of the Senator from South Carolina [Mr. SMITH]. '.l;'he Senator from South Carolina does not feel that there ls any need of skilled farm labor in his State. I take it that the Senator- from Min­nesota [Mr. lOHNBON] feels the same way about his ..state. ;,.'I'be Senator from North Carolina [Mr. SIM.MONS] feels that there

-l

ls a need for skilled farmers and skilled farm labor in North CaroUna.

The situation is this: It is hardly scientific for the United States Senate to try to determine the general proposition that there is a need for 25 per cent of these immigrants on the farms. It is hardly proper for us to say thilt they need any farm labor this year or next year ; but, on the other band, it certainly ls nQt a wrongful privilege to grant to a State legislature or the gov­ernor of a State the right to determine the condition as to the need for skilled farmers and farm la.borers in any State. That ls all we mean when we adopt my amendment. In my State, for instance, we would not attempt to pass on that question now. There may be a different condition existing -even in one section of the State, where they are suffering from lack of farm· labor, f.roru the condition existing in another section of the State. The legLslature would detem1ine the question or the governor would determine the question.

Mr. JOHNSON of Minnesot~ Yes; but the legislature only meets every other year i:n many of the States of the Union.

Mr. PITTMA.!.~. And dm·ing that period of time the gov.ernor would probably act in the matter, as th'e provision would grant the power to both of them to act.

Mr. JOHNSON of Minnesota. But does the Senator from Nevada mean that the laboring people whom we invite from Europe are going to work for less than: the people of this coun­tiry? If there were a profit in farming, could we not then af­fo1·d to invite our own people from the towns to came out and WQrk on the farms,. becanse then we could save the money that we would probably have ta pay to get the immigrants over here or that they would have to pay. We talk about the standard of living. That is the thing I toueh upon now-the standard of living. If they work in North Carolina OT in Nevada or in any other place, we want them to live just about as wen as- we live ourselves.

Mr. PITTMAN. I thoroughly agree with the· Senator with regard to the standard of·living on the farm for the farmers, and yet. we are gO'ing to bring into this country a certain num­ber of a.liens. We ha-ve already passed on that proposition. I contend that the very highest class of people they have in Europe to-day are the men and women raised on the fru·ms of· Europe, and the lowest class they have in Europe are those found in the slumtr of Lonoon and the great big ei:tie& I would rather have every one of them who comes he.re ~ome from those who were raised in a home on the farm than to come from the slums of the big cities. Look at the thing from the stand­point of the standard of the :men n.nd women we want in.this country; '"hether. those DUPll after they get here work on the ifarm or work in the factory tooy will be a higher class of people if they come from the :farm.

But I .do not want the amendment in any fo.rm, I will say to the Senator from ·Minnesota, to provide for decision of the question by the Senate as to when they ure needed. That would be a mistake. I want to leave it. to each of the separate States to determine the conditions that exist in that State. If we do that,. we will make n01 mistake. If what the Senator fr<1m ·Minnesota said is true in every State of the Union, then the amendment will not be availed c1f. If it is not true as to every location in the country, then it will only be availed of .in the locations where the situation would require it to be taken advantage of. What harm is there in allowiing each State to determine for itself it and when it needs farmers <>r farm labor?

Understand, there ls quite a difference between the State where the Sena-tor from Minnesota lives and some of the \Vest­ern States. Some of the Western States to-day hne- 90 per cent of their land absolutely idle and vacant~ A g~eat deal of it will never be farmed,. I will admit, and a great deal <>f it will be farmed with great difficulty. Most of it, if it is eve:r farmed, mmt be fanned by rear farmers, who wm rn ise practically everything that they • use in life. Nothing will pay on those vast irrignted areas out in my part of the country except intensive fanning of products that bring a high prke in comparison with their cost of production and transportation. It is the transportation proposition that is killing the farmer in our seetlon of the eouutry. We can not trans.port hay and thillgs of that kind becau....qe the cost ot transportation is too great for the ultimate selling price of the product. But they are raising cantaloupes in that section of the country on 10 acres ot land and supporting a whole family. Tb.ey are raising intensive crops <Jf. that kind.

But I am not arguing as to whether or not we need more farmers OJ! farm labor now. We are preparing a bill for the whole country, and if there is a condition in any Stnte that is not known to a Senator from another State, does not that justify our leaving it to the people of that State to determine

i1924 CONGRESSIONAL RECORD-SEN ATE 6617

where the immigration is sought? That ls all I ask in the amendment. 'l1he privilege may never be exercised, but if it is used there is one thing sure, and that is that we· will get the highest class of aliens that can come from those countries. The thing that the people of this country are most interested in at the present time is the character of immigrants that are to be brought into our country.

Mr. JOHNSON of Minnesota. I do not agree with the Senator. I think that the immigrants that were born and brought up in the cities are just as good as those that were brought up on the farms. I was not born ~n a farm over there. l was born in town.

Mr. PITTMAN. The Senator is on the farm now. Mr. JOHNSON of l\.Ilnnesota. I think I was just as good as

the rest of them that came over. I was together with 1,700 on a big liner that came over.

Mr. PITTMAN. I want to say to the Senator--1\.fr. JOHNSON of Minnesota. Just one more thing. The

Senator referred to the people from the slums of London. What per cent of the people from the slums come into this country? They stay in the slums there. They never get an opportunity to come over here. Only a. few of them will ever come to the shores of the United States.

1\Ir. PIT'rMAN. I have the highest admiration for the dis­tingnisbed Senator from Minnesota, as has everyone who has listened to his sincere remarks. He might not have been a farmer at that time, "'but he undoubtedly had the good seed in him that led him to that character of life. To-day he is proud of being a farmer.

Mr. JOH...~SON of Minnesota. Yes; but I am hard up. [Laughter.]

l\fr. PITTMAN. The Senator bas recently entered a contest, as I have read in the papers, in the milking of cows, and things of that kind.

1\Ir. JOHNSON of Minnesota. Yes; but I did not start to learn to milk until I was 23 years old.

l\Ir. PITTMAN. Whether the Senator was good as a young man, he is good now, so there is no question about that. I do not Jmow whether he came from the slums. I do not think it could have been possible that he did; otherwise he would not be the good man that he is to-day.

But as a matter of fact, speaking seriously, what the great majority of the people of this country are more interested in than anything else is the type of immigrants that come to this country. That has been shown by all the debate.

'J'he .PRESIDING OFFICER. The time of the Senator on the amendment has expired.

Mr. PITTl\1.A...~. I will tRke a few moments on the bill. 'l'he type of immigrant is what most of the people in this

country are looking after. There is no doubt whatever, with an due respect to the Senator from Minnesota, that those people who are raised in homes in Europe and raised on the farms have more character anu more industry than those people who are forced to live in the crowded centers of the manufacturing places of Europe. I would like to see all of the immigrants that come to this country, no matter what occupation they are engaged in in the old country, chosen from among the kind I have described, because after they get here they have the home life back of them for a foundation in their start here. When they have that home life back of them, instead of such a life as they live in the cities, they long for citizenship; they are patri­otic when they become citizens; they are not wanderers; they are not vagrants on the face of the earth, and the first thing they seek a home in this land. The alien who does not have a home In this land sometimes finds it difficult to love this country.

I say that the granting of this power to a State to determine when they need farmers and when they need skilled laborers can in no way whatever injure this country, particularly when the demand of the State must be reviewed and approved by the Secretary of Labor and the Secretary of Agriculture before the amendment becomes effective. That is the reason why I have offered the amendment to the amendment of the Senator from North Carolina. His amendment may be subject to the fight that bas been made on it. Wiping out, however, the first section, as my amendment does, it is not subject to that attack, in my opinion.

Mr. JOHNSON of Minnesota. Mr. President, I do not intend to take up any time on the amendment, because I do not care if it is adopted or defeated. It does not make any difference to me. Howe-rer, I am going to vote against the amendment.

So fnr as the immigration bill is concerned, I can not see how I can Yote for the 1890 quota basis. I remember well the .time when I . wns nn immigrant myself ancl came to this coun­try . I l>elieye I am thP. only one in this body that ever had

the opportunity to come to this country as an immigrant except the Senator from Idaho [Mr. GOODING], who was an 8-year-old boy when he came, and the Senator from Michigan [Mr. CouzENs], who came across the line from Canada. I know the problems of the immigrnnt. I know the time will come when we will have to stop immigration entirely from coming to this country. I voted to exclude the yellow races, and I think I was justified in doing so.

I agree absolutely with the Senator from A1abama [Mr. UNDERWOOD], and also with the Senator from Missouri [Mr. REED], m the speeches they made here yesterday, such as I never would be able to deliver. But I want to say this: Why is it that we lawmakers of the United States, through this bill, are going to discriminate against certain people of Europe?

If you do not like Italians or the people from southeastern Europe, why do you not say so and shut them out entirely? During the years that I have been traveling through the United States-and I have been in many States, especially in the Northwest-I have met persons of all nationalities, and I have met good and bad ones in all of them, even in my own nationality, which used to be Swedish. Even amongst the Swedes we find scoundrels and hypocrites. I was surprised that the able Senator from Alabama [Mr. HEFLIN] a day or so ago devoted an hour and 15 minutes to speaking about an immigrant boy who had been here but a few months and who happened-perhaps he was insane-to stab a boy who had been born in this country.

Mr. HEFLIN entered the Chamber. Mr. JOHNSON of Minnesota. I am glad the Senator from

Alabama has come in, because now he can listen to what I am saying. · I can not understand whs the Senator devoted so much time to that boy. .

There are thousands of tourists from this country who are going . over to Europe every summer. Suppose a little boy among a group of tourists should become insane and stab somebody over in Germany or in France or in Norway or Sweden, should Europeans put up a bar against American tourists coming over to Europe on that account? No; they should not.

Mr. President, I think it is not right that we should select the census of 1800 as the basis for computing the immigration quotas. I know that the bill is proposed to be passed for the purpose of discrimination. If I were going to try to get votes in Minnesota at the next election, I should probably vote for this bill, because there are not so very many immigrants from southern and southeastern Europe in Minnesota ; but I do not care as to that; I shall vote as a matter of principle, whatever may happen to me politically. If we are at any time in the near future going to stop immigration to this counh·y, let us shut the door when this flood is coming equally from all the countries over there, so that there will be no discrimination. There are some Senators here who are willing to close the door now. Of course, I know the reason why. I listened to

>the statement here yesterday that if a certain provision were adopted there might be excluded the children an(l wives of immigrants who have come to this country who would like to have their loved ones, but for political reasons, of course, Sena­tors are not going to vote for that provision. I can not stand for it, and I feel that I ought to voice a protest against a bill of this kind.

America is a great country and we, the immigrants, have tried to make it a great country. The Senator from Alabama [Mr. HEFLIN], that distinguished Senator who looks to me like an English lord [laughter], would never have been here if it had not been for immigration years ago. [Laughter in the galleries.]

The PRESIDING OFFICER. The Senator from Minnesota will suspend for just a moment. The Chair must admonish the galleries that the rules of the Senate prohibit demonstra­tions in the galleries, and the Chair hopes that this rule will not be violated.

Mr. JOHNSON of Minnesota. I suppose I have to talk to the galleries, as there are not very many Senators present. [Laugh­ter.]

Mr. President, I have studied the immigration prob1em for years, and I have tried to be fair to all people. When Senators say that Englishmen, Irishmen, Swedes, or Norwegians are bet­ter tl:!Jn the other races of Europe I do not agree with them: We have had Columbus; we have had Marconi; and we have had Caruso from Italy, have we not? I wish I had the silveL· tongue of the candidate for President of the United States to whom I have referred and who ·spoke here the other day in order to try to explain to the people of this country what I mean. However, I am not able to do so.

"6618 CONGRESSIONAL RECORD-SEN.A.TE APRIL 18

Yr. President,. I k.Ro-w that this bill M:i goiag to pass. 1 also know that many other measures are goill.g to pass,. even it I work against t~i:a Whyi is the pending measure going ta pass'l Because there is propaganda carried on in this country in its favor. We have found Italians in this counbry" we have feund Jews in this eountr;y wbo. are just about 1lS good as any­one else in it.

Senators talk about the high standing of living .• There were nearly 40. miners killed in a mine that:"was tlooded by water in the iron district in t}\e northern part of Minnesota some days ago. Look up the names of tho.se miners and it will be f<tund that they belong to peep.le from the south o.f Europe. That is where we are putting the immigrants when they get here: we 11.re putting them down in the mines, in the hell holes of the earth, where nobody else wants to work; we are putting them to work on the railroad tracks., in the lumber camps, ill the worst places that ca.D be found. Why? Because- those who think so much of a high standard of living d<> not like to go into- SW?h oecupations. I would not like ta enter them myself, and just as soon as. I was able to get out of such an occupation I went to work on a farm. ;

Mr. President,. I take this opportunity of putting myself on record here and now. We are working fo11 the one firm-the United States. I held up my. right hand and swore away my allegiance to the King of Sweden and promi.se<l to be a citizen of this. country. and I have never tried to discriminate. I have tried to help and to build up this country, and shall continue t.o do so as long as my voice holds out and my llttle abilit! may aid. • •

There a.re many things I should llke to say,. Mr. President, lil connection with this matter, but I know the time is. short and that there are many ·measures of real impe>rtance to. the American farmer, the basie industry of this country, which should be considered.

I wish to congratulate the Senator from North Carolina, a Senator from the South, for trying to do something to relieve the situation of agriculture, but I want to add that the little measure he proposes is not going to help the American farm.el"; it is just a sop thrown out to him. We need good, strong legis­lation for the basic industry of this country. Wise men have been sitting here for years. and years, a.ndi yet they have taken no adequate steps to. reli.eve agriculture. Perhaps I should not say that. but I mean it in a spirit of friendliness.

Why is it tha~ the farmers and Iaboiring people- have begun to secure places. in the highest law-making body? Why is it that over in Denmark to-day the socialists a.re controlling that country? Why is it that monarchies in Europe are disappea~­ing and that ll republics have been formed since the World War? Why is it so? We are tramping in this country on the same ground. Senators may n.ot believe me, but we are going to reach a like. condition unless we put the. farmers in a posi­tion where they can be prosperous, happy, and contented. Sucll a condition wlll mean. prosperity fox the little towns. of the country. God knows we have too many people in the big to.wns to-day_ That is where the: slums are fouud, let me say to my friend from Nevada. Let us get the people out in G-0d's coun­try. in the·farming communities, and away :from the big cities. They can not go there, however, unless some place ls provided for them. I wish to say that steps for the relief of. ag:ri.culture &b.ould be taken before Congress shall leave hexe on the first Gf June for the party conventions. If you do not look, out, the farmers will leave their farms and they will go into the cl.ties; they will become active there, and they will get in your way ; they will compete with you.

The PRESIDING OFFICER. The time of the Senator on the a.mendment has expired..

Mr. JOHNSON of Minnesota. I ha-.e spoken for 10 minutes, have I?

The PRESIDING OFFICER. The Senator has 10 minutes on the bill if he desires to use them at this tlme. Mr~ JOHNSON of Minnesota. I oo not. like to. speak on an

amendment, but I should like to occupy one more m·oment. The PRESIDING OFFICER. The Chair will adv:ise the Sen­

ator if lie speaks now he will speak on tbe bill, Wll-d 10 minutes will exhaust his time on the bill.

Mr. JOHNSON of Minnesota. l1ir. President. I have been a . legislato-r for yeai:s. Perhaps there have been some- radical measures which we have proposed in the Northwest, and they are there to-day. Why is lt so 1 Because not only the farmer but the business man and profes$ional man are up in a:n:'ns.

Pardon me ft>r putting a little politics in th.is. but the gov­ernor of my State was justified when he ca~ dqwn here and sai<l that perhaps eight States. in the No~th:west will go. fo~ the third paxty. I do not care what pnrty is in power, pirovided we may have a square deal. for the people of this AmericaDi Be-

public-. I ~ame to these- shores. b;y clloice. and not by co.mpulsian, and I e.xpe.ct to- die in this counuy. That is the reason I sound now a wam,Lng to yolL not t@-put aside farm legislation be­cause when. the fa.11m.era are pr0taper~ms a.Iild .b.a.ppy all the people in this eountry will be happy with them.

The PRESIDING OFFICER. The question is on the amend­ment offered by the Senator from Nevada to the amendment of the Senator from North Carolina..

Mr. SI.l\11\lONS. Mr. President, the amendment offered by the Senator from Nevada is substantially the same as the second section of th~ amendment offered by me. The Senator, however, proposes to strike out altogether the first section ot my amendment. l do not know whether the Senator was ad­vised at the time be: offered his, amendment of the fact that I accepted an amendment offered by the Sena.tor- fl:e>m New York deleting from that section all reference to fa.rm lab0r. so that the section as it is MW presented woul-d apply only to. skilled farmers.

'l'he Se:aator from Nevada thinks th.at tbe preference should be limited to cases. where the governor 0r the legislature ot a State asks. for the admission of skilled farmers and laborers. Mr. President. I think the Senator does not quite comprehend. the full situation when he makes that suggestion. The ma­chinery iB somewhat complicated when- the governor or the legislature must act and the Secretary of Agriculture and the Secretary of La,bor ;must con~ur in such action befo;ne the farmer can get the benefit of any pxef0l'enc.e whatsoever ..

If the American farmer. considered as a unit, for reasons connected with his operations needs and desil'es a skilled farmer or a numbe1· of skilled farmers. why ghould he not be permitted, without waiting the action of the State and the ac­tion of the Secret~y of Labor and the- Secretary <Yf Agricul­ture, to ask that the consul may admit the class- of people he desires within the quota?

Now, let me present to. the Senator the sltuatioo in the South. The Senator knows that before- the war the South was divided up into large slave-holding plantations. That was not true of all the South, but it was. true of a pa11t of the South~ The eastern part of my State was divided up in that way. There were great plantations there. We have· found it very desirable to split up those plantations and bring them into the ownership of individual farmers. We have. not yet succeeded in. doing that. Many of those· Wg farms now eught to be split up. and the owners are anxious to split them up. Wllat they desire is the right to go· to Europe and to- bring over skilled tanners and skilled: laborers to whom they can sell from 5 to 10 or 15 or 25 or 50 acres of those :farms and put them on them. We ha-ve done. tha.t to some extent in my State. Mr. Mc.Rae, about whom I spokei yesterday, has es­tablished a numbe:r of colonies,. and he has brought ov.er immi­gra.nt.s from Holland and that section ot Europe; placed them upon those farms, and sol'1 them the farms. They brought skillec1 labo.r, expexienced labo.l!,. along with them... The laboren soon bought him.self a little farm, and they have all become :fa.rmers.

The Senator from Minnesota ,Mr. JoHNSON] thinks that the laborers would n-0t come here be.ca.use the wages on tbe farm ~ net as h.igh here as they are over there ; but if they. can come here, with the assurance tllat in a few years they may acqoo-e a farm of 10. or 15· a{!l"es. whlch is as large- a faJ!m as they want~ they will come 8.lild go on tlbe farm and work as skilled laborer.s, and m a. yea~ or two they will be landowners.

Why should not a man who has a farm of that sort-seve:ual thousand acres, we will say-be permitted, without. going through the cumbersome process provided in the secootl sec­tio-n Qf my amendment, to go- and bring over- the farmer-sand laborers with a view to settling them upon the subdi:visi.ons o.f his farm ; splitting it up and ultimately selling a home to the skilled farmer. and not enly to the skllled farmer- but to tbe experienced laborer? I shauld regret very much to see· that section stricken out. Why shouldi not the farmer be· allowed to. go over and get, within the quota, skilled labore:rs'l · We now have in tbis bill, and it has. been. a part ·of the law of thif! ~euntry for a long time, a provision prohibiting the bringing over of labo.r under contract; but we made an. exception in that law, and that exception is in the law to-day. Under th.at exception we provide that skilled labor may be brought here un.-Oer c.ontract-

The farm.er has been, however, and is excluded fro.m the beneftt of that provision because he has been class.itled as an unskilled man. But, Mr. President, the industries of this cQuntry atte enj{)ying that privilege to-day. They <?an bring over skilled labor for their p'Urposes. 'I'he Senator frem South Carolina [lir. SM:I'J:H] seems to think that it is an implication

1924 CONGRESSION·AL RECORD-.-.SENATE 6619

to sny that we need skilled labo11'rS in this country. Then the Jaw contains that implication against ev.ery man engaged 1n industry who wants more skilled labor and who applies for it. The farmer is entitled to the benefit of bringing to his assistance skilled labor and skilled farmers as well as the industrialist.

1\fr. P.resMent, I hope the Senator will not insist upon elimi­nating the first section of my amendment. I have no particular objection to his substitute for the second section. It does not change it. I.f the Senator will point out to me any material change he makes, I should like to llave him do it, because I have not seen in what respects he mnkes such a change.

Mr. PIT'l'i\IAN. l\1r. President--The PRESIDING OFFIOER. Does the Senator from North

Carolina · yield to the Senator from NeYada? l\Ir. SIMMONS. I do. Mr. PITTMAN. The .only change is that it provides some

control Section 1 just lets men who claim to be farmers have a preferenee.

Mr. SIMMONS. I 1un speaking about the second section. Mr. PITTMAN. The second section is not changed at all

I just strike out the .Q.rst and then leave it to the States to call for laborers or farmers if they need them, and if they need them they will call fpr them all over the United States. If they do not need them anywhere, they will not call for them ; and that is the way it ought to be controlled.

Mr. SIMMONS. The Senator th.ought the Senate was de­ciding the q;ue.stion of the skilled fa.aners that shoald be ad­mitted he1>e. Not at all, Mr. President. That decision is left to the man in America who owns lanq that he wants to get skilled farmers to cultivate, ~ho owns land that be wants to subdivide and sell to skilled farmers whom he brings over here. It is not a discretion exercised .by the., Senate. l can not see that anyone ~au be hurt PY permitting a farmer to go over to Europe and say to a consul, " I need some skilled farmers." You pei:mit the inqustrialist under the present law to go over to Europe and say that by virtue of the exception in our contract-labor laws he desires skilled la,bor. You allow him tci get all he wants. Why not allow the farmer the same privilege?

Mr. HEFLIN. Mr. President, just a moment ago the Senator from Minnesota [l\1r. JoHNSON]-who used to be a Republican and who is now a Farmer-Labor representativ&-I believe criti­cized me for reminding the ~enate about the murder of an American boy by a foreigner, a product of the immigration BY:S:­tem that now eurses the country.

I do not ~w of anythiD,g that strikes so vitally at the very heart of the American life as to permit a policy to obtain that will cause the murder of an American boy walking along the street with his father, approached from the rear, stabbed in the back and murdered by this fiendish foreigner, who stated that the reason be kill€d him was that he wanted to see how deep he could drive a dlrtr in his back..

That may not appeal to the Americanism of the Senator from Minnesota. It does not seem to nppeFll to him. The Senator from Minnesota has not got my view of this question. l am pleading for the American household. I have not said anything against the foreigner in -OUT gates who is con­ducting himself as he should. I have praised those who have come from foreign lands and woo are contributing to the good citizenship that obtains in this country. I run opposed to the crooks and criminals that come here. I mention this boy as one ot them. This murder of an American boy is the cul'minar tion and climax of the most dangerous immigration system ever foisted upon a free people. ·

What can be more ap1·opos than an illustration that points out the danger that invades the household of America? The home iJ; the fountainhead of our dvilization, and anything that affects the home affects our clvilizatlon, our liberty, and au that is dear to us.

J used this illustraUott to point out what is growing out of the system that exists. I could go through my scrapbooks and name American children. who have been kidnaped by for­eigner.s and held until they starved and died, making their. fathers aud mothe1·s frantic. In one instance, l recall, they found the skeleton of a child by a lake in a northern ~.tate. I recall a story of an Italian who was on a train. He had been drinking, and a mun across the aisle from him-it was at night-with two seats turned was asleep, with a handkerchi~f spread ov~r his face to keep the light out of his eyes ; and the Italian had an idea that he was a detective following him, and he cut his thl'oat wllile he slept, and he was an Ameriean citi­zen. I can go through the files of these cases and cite hundreds to the Senator from Minnesota ; but on yesterday and two or three days before I mentioned a thing that literally stunned

IJ10 and filled me with sad11ess. I could sympathize with that father. I have a son. I could sympathize with that mother.

The father-was going out at night to walk with his boy along the streets of an American city, the metropolis of America, walking along without any thought of danger; up leaps this nssassin behind him, drives this dirk through his body, and his father hears the scream of his boy, and turns · to see his lifeblood running out.

This is the product of the immigration system that we have, and I do not eare if the Senator from l\finnesota and all others like him want that system to continue; I am opposed to permitting it to continue.

Mr. COPELAND. Mr. President--The PRESIDING OFFICER. Does the Senator from Aln.­

bama yield to the Senator fr-Om New York? Mr. HEJFLIN. I <lo. Mr. COPELAND. Has it occurred to the Senator that pos­

sibly the re~son why that assassination took place was because America had failed to shut out the narcotics which probably poisoned him and caused him to do this dastardly deed?

Mr. HEFLIN. I am not discussing narcotics. I am talking about the r:esults of this mise1·able immigration system. 'l'be boy murde1·ed •e.s named William Cliiford, jr. As I said before, one of his forbears was a Member of Congress, Attorney General under President Polk, Associate Justice of the SupremQ Count for .20 years, a good old American name ; and the bo;y who killed him was named Rapkowskie. I am ·saying nothing against the Italians who are good citizens in this country, but I still dare in my •plac~ as an .Amecican to plead for the Ame11i­can side of this que,stion.

The presence of the Sena.tor :1!rom Minnesota will not deter me in the least. I appreciate the compliment he paid me. Ha said that I looked like an English lord. Well, there is one thing certain about me : You would not mistake me for a foreigner in any quarter of the United States. [Laugbter.J There is not a place under the sun in the country that I am try­ing to serve but that any)Jody would r.ecognize me as an .Amei"i­can ; and if they should come to the Senate and hear me speak and see how I vote on the immigration question, they would be convinced more than ever that I am an A.nierican.

Mr. JOHNSON of l\Iinnesota. l\lr. President, may I ask u question of the Senator from. Alabama?

Mr. HEFLIN. Certainty. l\Ir. JOHNSON of Minnesota. Is not an English lord a for­

eigner? Mr. HEl!"'LIN. Even the Senator from Minnesota knows tho.t.

[Laughter.] Mr. President, the Senator has illustrated 1n his speech just

what I said hm·e yesterday. ff we do not close this door now, ~he day is coming when we can not close it. The Senator ha.a made a speech here this afternoon that tlefiends unrestricted immigration. I am pleading for restriction. The Senator nas dared to criticize an American Senator who ha~ pointed out tba co.wardly and brutal murder -of an Amer~can boy to fu.rnish pastime to a toreign fiend.

Why did y.gn kill this .boy! You did not know him. did you'I .No, sir. You never saw him before? No, sir. I did it just1 to see how deep I could drive that dirk into

his •back.

The Senator wonders that I have sympathy in my heart tor that mother who sits just 11 days from the scene of her mur­dered boy and the lowering of his lifeless body into 1ts last resting place. I do sympathize with her. I can see her now as she wr~ugs her hands and wonders why the Government per­mLt$ such to come into the country. I know how that father felt when he said, "'My boy has been murdered, murdered by this little fiend. He had nothing against him. He stated that he did it simply to gratify his fiendish desire and criminal instinct, to see how deep be could drive a dirk into him. :M:y boy!" I can bear him culling, and can hear his mother calling, too ; but no answer comes. ;r repeat what I said day before yes­terday; in that American household they long-

For the touch of a vanlsh'cT hand, And the sound of a voice that is still ! .

Yet a Senator who has a heart and who sympathizes with an .American father ancl mother in a case like this when they mourn O"rnr the remains of their boy who is dead is criticized by a Senator- who flippantly refers to the murderous outrage mentioned by me as out of place here. I am for the American 11ag and for that which is best for the American people. I am for the American standard of living, and e.ven in the presence

6620 . CONGRESSIONAL RECORD-SENATE APRIL 18

of the Senator f1;om l\linnesota I dare to speak for restricted immigration.

The PRESIDING OFFICER. The time of the Senator has expired.

The question is on agreeing to the amendment of the Senator from Nevada [l\fr. PITTMAN] to the amendment offered by the Senator from North Carolina [Mr. SIMMONS].

Mr. HARRISON. Let the amendment to the amendment be reported.

The PRESIDING OFFICER. The Secretary will report the amendment to the amendment.

The READING CLERK. The Senator from Nevada proposes to strike from tlle amendment of the Senator from North Carolina paragraph ( c), being lines 1 to 7 on page 1; to change the letter " ( tl)" in line 8 to " ( c)" ; on page 2, line 7, after the word "laborers," to insert the words "to meet such demand·~; and on line 8, after the word "locations," to insert the words "where the demand exists," so as to make the amendment read: .

(c) Whenever the legislature or the governor of a State makes a request of the Secretary of Labor for skilled farm lab<>rers or for skilled farmers who are expert . in agronomy, forestry, horticulture, or animal husbandry, of any nationality, for the pmwse of filling a specific need in that State, the Secretary of Labor, with the Secretary of Agriculture, mny make a review of the situation, and upon their approval, tn the iss11itncc of immigration vis~ certificates, preference shall next be given by the consuls to skilled farmen and experienced farm laborers to meet such demand, subject to such regulations as will insure that they go to the sp<!citl.ed locations where the demand exists.

The preference provided in (c) and (d) of-this section shall not, in the caSt> of any one country, exceed _50 per cent of the quota allotted to such country.

Mr. HARRISON. l\lr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The Secretary will call the roll.

The principal clerk called the roll, and the following Senators answered to their names : Adams Fernald Ladd Ball Ferris Lodge Bayard Fess l\IcCormich: Brandegee Fletcher l\IcKcllur Brookhart Frazier McKinley Broussard George McLean Bruce Gerr:v McNary Ilursum Gooding Mayfield Cameron Hale Neely Capper Hnrreld Norris Carn way Harris O<ldic Colt Harrison Overman Copeland Hefiin Pepper Curtis Howell Pblpps Dale J <>hmion, Minn. Pittman Dial Jones, N. Mex. Ralston Dlll Jones, Wash. Heed, Pa. Edwards Kendrick Robinson Elkins Keyes Sheppard ETnst King Shields

Shipstead Shortridge 8immons Smith Smoot Spencer Stanfteld Stephens Sterling Swanson Trammell Un<lerwood Wadsworth Walsh, Mass. Walsh, Mont. Warren Watson Weller Willis

The PRESIDING OFFICER. Seventy-nine Senators having answered to their names, a quorum is present. The question is on agreeing to the amendment offered by the Senator from Nevada [l\Ir. PITTMAN] to the amendment of the Senator from North Carolina [l\fr. Sn.n..coNs].

l\Ir. PITTMAN. I ask for the yeas and nays. · The yeas and nays were ordered, and the reading clerk pro­

ceeded to call the roll. l\Ir. BROUSSARD (when his name was called). I have a

pair with the Senator from New Hampshire [Mr. MosEs]. I transfer that pair to the Senator from Missouri [Mr. REED] and vote "nay."

Mr. McCOill\IICK (when his name was called). I transfer my pair with t11e Senator from Oklahoma [Mr. OWEN] to the Senator from Vermont [Mr. GREENE] and vote "nay."

The roll call was concluded. Mr. GERRY. I desire to announce that the senior Senator

from Arizona [l\lr. ASHURST] is detained from the Senate on account of serious illness in his family.

Mr. ERNS'l'. I transfer my general pair with the senior Senator from Kentucky ~Mr. STANLEY] to the senior Senator from New Jersey [l\Ir. EDGE] and vote "yea."

The result was announced-yeas 50, nays 29, as follows : YE~S-50

A.dams Curtis Frazier Keyes Ball Dale George King Bayard Dial Gerry ~~~er Bursum nm Hale

Mnytieid Cameron Edwards Harris Cappe1· Elkins Harrison Oddie Carn way Elm st Hefiin PeJ?per Colt Fernald Jones, N. Mex. Phipps Copeland Ferris Kendrick Pittman

Reed, Pa. Robinson Sheppard Shortridge

Brandegee Brookhart Broussard Bruce Fess Fletcher

~~~-~~Y8

Smith Spencer· Stanfield Stephens

Trammell Underwood Wadsworth Walsh, iiass.

NAYS-29 Howell Neely Johnson. Minn. Norris Jones, ·wash. Overman Ladd Ralston McC01·mick Shields McKellar Shipstead McKinley Simmons McLean Smoot

NO'.r VOTING-17 Ashurst Glass Moses llorah Gree11e Norbeck Couzens Johnson, Calif. Owen Cummins La i,~ollette RanRdell Edge Lenroot H.eed, Mo.

Warren Watson

Sterling Swanson Walsh, Mont. Weller Willis

Stanley Wheeler

So Mr. PITTMAN'S amendment to the amendment was agreed to. The PRESIDING OFFICER. The question now is on the

amendment of the Senator from North Carolina [Mr. SIM­MONS] as amended by the amendment of the Senator from Nevada [Mr. PITTMAN].

Mr. REED of Pennsylvania. On that I ask for the yeas and nays.

The yeas and nays were ordered, and the reading clerk pro-ceeded to call the roll. ·

Mr. BROUSSARD (when his name was called). Making the same announcement as before, I vote " yea."

Mr. CURTIS (when Mr. LENROOT'S name was called). I wish to announce that the Senator from Wisconsin [Mr. LEN­ROOT] is absent on account of illness.

Mr. McCORMICK (when his name was called). Making the same announcement as on the previous vote, I vote " nay."

The roll call was concluded. · Mr. l\lcLEAN (after having voted in the negative). Has

the junior Senator from Virginia [Mr. GLAss] voted? The PRESIDING OFFICER. That Senator bas not voted. Mr. McLEAN. I have a general pair with that Senator.

In his absence I withdraw my vote. The result was announced-yeas 46, nays 30, as follows :

Adams Bnll Bayn rd Broussard Cameron Capper Copeland Dale Dial Fernald Ferris Fletcher

Brandegee }3rookhart Bruce Bursum Colt Curtis Dill Edwards

YEAS-46 Frazier Geor~·c Gooding Hale Harreld Harris Hurison .Tones, N. Mex. Kendrick Keyes Ladd McKellar

McKinley l\IcNary Mayfield Neely Norris Overman Pittman Ralston Robinson Sheppard Shields Simmons

NAYS-30 Elkins Fess Gerry Howell Johnso~, Minn. .Tones, vv ash. King Lodge

McCormick Oddie Pepper Phipps Reed, Pa. Shipstead Shortridge Smoot

NOT VOTING-20

Smith Stanfield Stephens Sterling Swanson Trammell Underwood Walsh, l\lont. Warren Willis

Spencer Wadsworth Walsh, Mass. Watson Weller Wheeler

Ashurst Edge Johnson, Calif. NorbGCk Borah Ernst Caraway Glass Couzens Greene Cummins Heflin

So l\ir. SIMMONS'S Mr. WILLIS. Mr.

I send to the desk.

La Follette Owen Lenroot Ransdell McLean Reed, Mo. Moses Stanley

amendment as amended was agreed to. President, I offer ·the amendment which

The PRESIDING OFFICER. The amendment will be re­ported.

The READING CLERK. On page 5, strike out lines 8 to 17, in­clusive, in the following words: and (8) an alien who is eligible to citizenship in the United States, and who was born in the Dominion of Canada, Newfoundland, the Republic of Mexico, Cuba, or Haiti, the Dominican Republic, the countries of Central or South Amel'ica, or the colonies or dependencies of European countries in Central America, ancl his wife and his unmarried children under 21 years of age if accompanying or follow-ing to join him. -

And insert in lieu thereof the following : (8) An alien who bas resided continuously for nt least five years

immediately preceding the time of his verified application for admis­sion to the United States in foreign contiguous territory, and who is authol'ized by the Secretary of Labor upon such application to enter the United States for the purpose of laboring at a specified occupation for a definite time at a designated place: Provided, That not more than 5,000 such aliens shall be within the United States at any one time.

1924 CONGRESSIONAL RECORD-- SENATE 662{ (9) Aliens habitual1y crossing and recrossing boundary lines be­

tween the United States and · foreign contiguous territory upon le­gitimate pursuits, when in possession of an rnentifira tion card issued by an immigration oilicial pursuant to such regubtion!! as may be prescribed.

Mr. WILLIS. The Senate yesterday very definitely adopted the policy of restricted selective immigration, a policy with which I am in hearty accord and which I shall support by voting for the bill on its final passage. We are now to find out whetller the Senate is willing to nullify, in effect, its action of y.esterday by refusing to reduce, pa.rti.cu1arly, the immigra­tion from Mexico by placi.Bg it on a quota basis.

I wonder whether Senators hav-e had their attention drawn to the situation which now exists'l We adopted yesterday a provision which seeks to limit the qoota to about 169,000 per year, and yet last year there came in across the Mexican border, practically without · let or hindrance, 63,000 people. That many we know of. I give it as my opinion, based· upon the opinion of immigration officials, that there were many more than that, perbaps 100,000, but we know of approxi­mately 6.3,000. Now, what does it amount to to shut and padlock the front door, as we practically did by our action yesterday, and yet leave tbe back door open so that substan­tially anyone who seeks to enter the United States can come in by way of that portal?

It is not an imaginary evil by which we are confronted and for which we_ must sook remedy. In the years 1913 and 1914 only 1 per cent of the imm.i.gration tllat entered this coun­try came from Mexico. · In the year 1920-21, 3.7 per cent came from Mexico; tbe year 1922-23, 12 per cent came from Mexico; or, taking the figures for· those years, 13,000 in 1914, 29,000 in 1920, and 62, 700. or ap-pro.ximately 63,000, in 1922-23.

Mr. President, upon what theory sliall it be said that applied to the Englishmen, for exa,mple, only 2 per cent on the bas.is of the census of 1890 can come in, and yet as to ;Mexicans­many of whom now coming in are, unfortunately, practically without education, and largely without experience in self­government, and in most cases not at all qualified for present citizenship or for assimilation into this country-we say in eff.ed, "As many of you can come in here as please." Or,

. take another illustration, upon what theory can it be said that only 2 per cent, based on the census of 1890, can come in from France, and yet, if we refuse to adopt this amend­ment, we say by our act that any number of people who choose to come in can. come from San Domingo or Haiti, or any other country in Central or South America.

This amendment, in effect,. simply provides that the same rule which is applied to the remainder of the world shall be applied to the .American Continent. In order that Senators may be advU;ed of the situation which obtains--

Mr. HARRIS. Mr. President-·-The PRESIDING OFFICER. ' Does the Senator from Ohio

yield to tbe Senator from · Georgia? Mr. WILLIS. I yield to the Senator from Georgia. l\Ir. HARRIS. I did not know that the Senator's am~nd­

ment went that far. Mr. 'VILLIS. In order truit there may be no misunderstand­

ing--Mr. HARRIS. I do not want to labor under a misconception,

because I wish to otter a substitute for the Senator's amend­ment~ I understand that ·his amendment does not make any exception whatever.

l\lr. WILLIS. Mr. President, in order that there shall be no misunderstanding, I desire to say that my amendment be­gins on line 8. page 5, and strikes out down to line 18~

IUr. HARRIS. The Senator proposes to strike out that language and to add noth4lg to it?

Mr. WILLIS. No; I shall explain tile oth~r two provisions of my amendment in a moment

Mr. HARRIS. Wm the- Senator allow me to offer my' sub­stitute and let him discuss it at the same time?

Mr. WILLIS. Certainly. l\lr. HARRIS. I o:trer a substitute for the amendment pro­

posed by the Senator from Ohio. It is to strike out all of clause ( 8), covering the exceptions, so as to- place all Mexicans and all North, and South Americans under the quota. The Sen­ator from Ohio has, I think, ma~e a better argument tor my substitute than he has for bis amendment.

l\Ir. WILLIS. I have not yet come to a disenssion of the remainder of my amendment, if the Senator will permit me to say so.

l\Ir. HARRIS. I wish to say, wfth the Senator's perpiis­sion--

,Mr. WILLIS. Mr. President, I do not care to yield _my 10 ;minutes for a speech from my friend from Georgia._

Mr. A.DAUS. l\Ir. President--The PRESIDING OFFICER. Does the Senator from Ohio

yield to the Senator from Colorado? Mr. WILLIS. I will yield very briefly. Mr. ADAMS. In the figures which the Senator gave as to the

immigration from Mexico is theI""e counted the number who returned to Me:xlco? In the western section of the country there Is a very substantial incoming from Mexico during certain seasons of the year and a return after those seasons are ~er.

Mr. WILLIS. I have given the figures as they are found in . the report of the commissioner general at page 10, and tba Sen­ator may look at them himself.

:Mr. ADAMS. The Senator from Ohio does not know whether or not those :figures include the number of Mexicans who re­turned to Menco?

Mr. WILLIS. I do not know. I kn<>w these are the figures which were given by the Commissioner General of Immigration. Let me read a sentence--

Mr: REED of Pennsylvania. I will say · to the Senator from Colorado that the figures given by the Senator from Ohio do not Include the number who returned.

Mr. WILLIS. I may say upon that point that it would be very difficult to get figures covering the entire admissions nnd the entire number of those who returned. In order that Sen­ators may understand tbe situation with which we are confronted I shall refer to the report of the commissioner general. Turn­ing to p~ge . 16 of that report, here is what he says:

It is difficult, in fact impowble, t<> measure the illegal influx ot Mexi­cans over the border, but everyone agrees that it is quite large.

Further on he says : It Is not possible even to estimate the number of Mexicans who enter

the country without inspection over the long and largely 'unguarded stretches of border that lie between stations ot our service.

Then further on, quoting fr<>m the inspector at San Antonio, be says-:

These aliens for the most part are inadmissible to thls country 'and highly undesirable al!! residents. Among them are annrcbiets, criminals, and radicals who have been unable to secure vis~s from American. consuls in Europe to enable them, to secure steamship passage .

Over on the next page the commissioner :points out another situation and makes evident t.hat a great traffic hns developed from smuggling aeross the Mexican border aliens who would not be admitted through our ports.

Mr. President, by the way, at this point I ask permif3Sion to 'insert in full here the statement from whicll I have been read· jing.

The PRESIDING OFFICER. Is there objection? The Chair hean none.

The matter referred to is as follows: 'l'H!t Ml!IXICAN BORDER SITUATION

The long-est~blished routes from southern Europe to Mexican ports and o.verland to the Texas. border. formerly patronized almost exclu· sively by diseased and C!.'iminal aliens, are now resorted to by larga numbers of Europea.ns who can not gain legal admission because of passport. difficulties, illiteracy, or the quota Iaw. Undoubtedly a good many succeed in getting into the country in this way, but the hard­ships and dangers encountered by the aliens, . the excessive cost, and finally the vigilance of our officers on the border have apparently tended to make the route unp0pular, and while it is still used to a considerable ex.tent the. situation, so far as Europeans are concerned. seems to be fairly well in hand.

It is difficult, in fact, impossible, to measure the fllegal influx of Mexicans over the border, but everyone agrees that it is quite large.

·United States territory immediately adjacent to the boundary has been a natural habitat of the Mexicans from the beginning, and residents ot the. borderland in Mexico, particularly of the laboring class, for a long

, time moved back and forth across the dividing Une practically at will. illiteracy ls common among them and comparative poverty is wide­spread, but until the general law"o.t 1917 was enacted these conditions were not serfou11 barriers to their legal admission into the United States. Unc!er that law, liowever, iUlterates"are denied a"misslon, a.nd a head tax of $8 per person is assessed, and these barriers have naturally stimulated illegal immigration ' to such an extent that, as already stated, it ls not possible even to estimate the nmnber of Mexicans who enter the country without inspection over the long and largely unguarded stretches of border that lie between stations of our service.

1 Until within quite recent years comparatively few Mexican laborers got beyond the border States, but during the war they were taken in considerable numbers to the Middle Western States, where m!lny of them were left without employment by the industrial def>ression which followed. It is said that most of these eventually returned to Mexico or the. Southwest, but the demnnd for commen labor in the Nort1l and

6622 CONGRESSIONAL RECORD-SENATE APRIL 19

East during the past year brought large numbers into industrial centers in Pennsylvania and elsewhere as substitutes for European laborers whose unlimited admission had been checked by the quota law.

Thus it will be seen that the laws referred to created a complicated problem for the Immigration Service on the Mexican border, and because of this the following extracts from the annual reports of officers in charge of the three border districts are of unusual interest.

Commenting on the illegal and attempted illegal entry of Europeans, the inspector in charge of the San Antonio district, which includes the greater part of the Texas frontier, says in part:

" These aliens for the most part are inadmissible to this coun­try and highly undesirable as residents. Among them are an­archists, criminals, and radicals who have been unable to secure vis~s from American consuls in Europe to enable them to secure steamship passage. There are likewise among them aliens who probably would be admitted to this country were they to apply at a seaport in the regular manner. Many of thls latter class, how­ever, are destined to this country through Mexico as a result of misinformation. Tliere are certain unscrupulous persons in Europe who receive a commission for the sale of 1:>teamship tickets to Mexico. These people disseminate false information regarding Mexico and give the impression that it ls an easy matter for aliens to enter the United States over the land boundary, ~hereas they would find difficulty in entering at a seaport. These so-called agents also secure fraudulent passports for their victims, for which they charge an additional fee. These aliens, upon arrival in Mexico, immediately become inadmissible to the United States over the land boundary because of the inhibitions of the last proviso to section 23 of the iJ?migration act.

" Once these aliens lnnd in Mexico they proceed to the border and almost Invariably fall into the hanus of the professional smuggler. There is now, and has been for ypars, a band of crimi­nals on this border, known in the smugglers' jargon as 'coyotes,' who gain a livelihood by preying upon persons desiring to enter the United States. Since the increase in number of European aliens desiring to enter from Mexico these smugglers have reaped large financial benefits, for a majority of that class of aliens have ample funds to pay well for any assistance rendered them to enter illegally, and it has been reported that several European aliens have ofrered as high as $1,000 to anyone who would get them past the border and enable them to reach their destination in the eastern part of the United States. The very fact that they were willing to pay that amount is convincing evidence of their undesirablllty, for they could proceed to a seaport and apply for admission in the regular manner at much less cost.

" The Mexican border smuggler is an extremely dangerous per­son to deal with. He goes ' armed to the teeth ' and does not hesitate to fire upon officers at sight. A number of Federal and State officers have been killed on this border in the recent past by these smugglers, and it has been more luck than anything else that many of our men have not been killed. There . is hardly a week goes by that they are not fired upon.

" In this district there are thousands of miles of winding, twist­ing river Jront, traversing for the most part a lonely, almost unin­habited section of the country covered with dense brush. When our officers penetrate this territory in search of contraband aliens and their smugglers, they carry their lives in their hands. The 'coyotes' are ever on the alert and know full well that if they kill any of our men they· can make their escape back to Mexico without fear of apprehension, for once they get a start of 10 feet into the dense brush· they are virtually lost to their pursuers.

" So far we have mentioned only the ordinary border 'coyote' . who has engaged in petty .smuggling for years. All the evidence that we have been able to gather recently has pointed strongly to the probability that the large financial rewards for the smug­gling of Europea.n aliens on this border are attracting a higher type of criminal-men with brains. Reliable information has been received to the e1fect that there is now in existence a far-reaching organization that takes the alien from his home in Europe, secures a passport for him (a fraudulent one, if necessary), purchases his steamship passage to Mexico, places him on the ship, arranges for his entry into Mexico at Vera Cruz or Tampico, conducts him north to the Rio Grande, and delivers him :Into the United States­all for a fixed price. These smugglers, unlike the bord41r ' coyotes,' take an interest in the welfare of the contraband aliens and give them every possible advice as to what course they should pursue upon reachlllg this country. One of their practices is to destroy any false passports as well as any documentary evidence that might involve anyone criminally or show that the aliens them­selvel! were ever in Mexico.

" This more intelligent type of smuggler is a cause for real ap­prehension. Our activities during the past few months have resulted in checking to a great degree the work of the border • coyotes.' We have instituted criminal proceedings against the ringleaders, some of whom have l>een convicted, and the cases of

others are pending. We have given wide publicity, through the press and otherwise, to our work in this district in connection with the prevention of smuggling, and this, together with the capture of many of the most notorious smugglers, has had its good effect. The coming of the higher type of smuggler, how­ever, naturally causes some concern. It means a battle of wits between our officers and the smugglers, and as conditions now stand it must be admitted that the odds are in favor of the smug­gler. . The topography of this section of the country is peculiarly well adapted for smuggling purposes. The many miles of riv1::r front afford ample opportunity for the aliens to cross almost at will. Once they reach the American side, it becomes a game of hide and seek and, in the dense undergrowth, the chances are in favor of the hider. By concealing themselves during the dny and traveling at night these contraband aliens gradually make their way from the border and reach the open country where, once they pass our last lines of defense, the chance of their appre­bel_lsion is practically eliminated. • If this traffic in contraband aliens is to be checked to any great degre(', we will have to con­centrate our attack in the immediate vicinity of the border, and to do this will require just one thing-more men.

"There are little, if any, restrictions with respect to immigrants arriving in Mexico, and it is an easy matter for allens of anarchistic tendencies, or, in fact, any kind of criminal, to enter that country and make it a mere way station on their journey to the United States. These aliens know that they would in all probabil:lty be detected and refused admission if they should apply at a sea­port of the United States, and so they naturally choose the easier route through Mexico. They are coming to this country for a definite purpose and are well supplied with money. They are going to get in by any possible means, and with our present small force it can not be denied that it is not exceedingly difficult of , accomplishment if they place themselves in the proper hands."

• • • • • The inspector in eharge of the Los A11geles district, which includes

the southern portion of California and part of Arizona, says : " For a decade or more prior to the year just closed the organized

smuggling of aliens into this district was confined almost exclu­sively to the illegal introduction of orientals-Chinese and Japanese. The reason for this is found in the fact that oriental smuggling only was remunerative to the smugglers. The enactment of the a p~r cent legislation led a great many south European excess­quota aliens to seek illegal entry via Mexico. At first these ap­parently took a more direct route from Vera Cruz and Tampico, Mexico, to the Mexican border of Texas, New Mexico, and Arizona, but during the last six months, and doubtless under expert advice and guidance, several hundred of these have taken a more cir­cuitous route across the l\Iexican Republic to tile Pacific coast port of Mazatlan, whence they have proceeded by steamer to the Mexi· can seaport of Ensenada, located a short distance south of the California-Mexican line. Ensenada has consequently become the rendezvous of smugglers operating overland by automobile anc;l undoubtedly in fishing boats, which have an almost unlimited number of -safe landing places upon the California c<>ast. Against this smuggling by automobiles the bureau has some defenses in the way of mounted guards of this ·service stationed at strategic points on automobile highways jn southern California. To be sure, the number of these guards ls pitiably insufficient, there being but 14 in all southern California. However, since the removal from commission of the immigration patrol launches, more than a year ago, no defense whatever has been ·available as against smuggling by sea, and the tighter the lines are held on the land the more surely wilI smugglers and their cargoes of orientals and excess-quota aliens seek the line of least resistance and proceed by boat without fear of practical interference. The not incon­siderable succesR in combating both oriental and European smug­gling activities during the year just closed has been due to cease­less vigilance upon the part of the bureau's field officers and the carefully culti~ated cooperation of local officers. As the bureau well knows, Jiowever, not even an approximately effective organiza­tion against the illegal introduction of aliens jnto this country by land and sea can be hoped for until Congress makes sufficient appropriation for a defensive force on land and sea.

"Another disturbing development of the year was the discovery that airplanes are undoubtedly being used to convey inadmissible aliens from Mexico to points several hundred miles into the inte­rior of this country. It is not believed that this method has reached any alarming propottions, mainly for the reason that it is of necessity an expensive and somewhat dangerous means of transportation, though one smuggler, using this means of transpor­tation, is alleged to have boasted that he had successfully landed over 200 contraband Chinese. The almost limitless number of land­ing fields, natural and artificial, make it impossible to defend against thls airplane smuggling without swift pursuit planes manned by the Government's own officers. After mop.ey and men

1924 CONGRESSIONAL RECORD-SENATE 6623 have been supplied to defend against automobile and boat smug­gling, the acquisition of defense scout planes will have to be_ con­sidered. The practical answer to all this, of course, ts that n border patrol, a coast guard, and airplane equipment should be organized and financed, the whole to be directed by a single Gov­ernment agency for the enforcement of all Federal statutes relating to the importation of aUen\S, merchandise, intoxicating liquors, and narcotics."

Mr. WILLIS. The question, then, amom1ts simply to this, as to whether we are willing to go through the farce of locking the front door, sayillg that we are going to have a quota of only 169,000, and yet permit uncounted thousands to come in not only from Mexico but also from other countries who choose to go to Mexico· in order to find a gateway.

Mr. HARRIS. May I ask the Senator a question? The PRESIDING OFFICER. Does the Senator from Ohio

yield to the Senator from Georgia? 1\Ir. WILLIS. I yield for a brief question. l\fr. HARRIS. Does the Senator include Canada in his

amendment, or does the amendment deal only with Mexico and the other countries to the south? -

Mr. WILLIS. I have tried to make that clear to my friend from Georgia. My amendment proposes to strike out all of the language on page 5, beginning in line 8, down to and including line 17, so that Canada, New Foundland, Mexico, Cuba, Hait!, the San Dominican Republic, and the countries of Central and South America would all be put on a quota basis, just as is the rest of the world.

Because it may be said that that will be a serious interfer­ence in some quarters with the labor supply, in the second sec­tion of the amendment I am suggesting that, under regulations to be provided by the Secretary of Labor, there would be per­mitted the importation of seasonal labor to meet these peculiar conditions for the potato fields of Maine or the cotton fields of Arizona; but the amendment provides that not more than 5,000 such aliens shall be in the country at any one time; in other words, the amendment excludes whatever the number may be, almost 60,000 persons, but permits the importation to meet special conditions of something like 5,000.

1\Ir. WADS WORTH. l\Ir. President, will the Senator from Ohio yield to me?

The PRESIDING OFFICER Does the Senator from Ohio yiel<l to the Senator from New York?

l\lr. WILLIS. Yes. Mr. WADS WORTH. Does the Senator's · amendment put

Mexico, for example, under the quota system? Mr. WILLIS. Yes. Mr. WADSWORTH. And also Canada? l\Ir. WII,LIS. Yes; it includes Canada. It may be that the

Senator from New York or some other Senator is thinking just now that that is rather a serious matter as far as Canada is concerned. I think it is ; I wish there were a way in which there could be a ·1arger immigration provided, if desired, from Canada, because the people of Canada are the same sort of people that we are; but I do not know of any way in which that may Jegnlly be don~. Anyway, the amendment will give Canacla her quota of over 20,000. I imagine there will be no very serious clifficulty about that. I do know, however, that Canada is faced with the same dangers which face this country. They are objecting because we permit l\Iexicans to come in here practically without restriction, and those Mexi­cans are finding their way into the great market places and manufacturing centers of Canada.

If these people from Mexico were simply (\Oming in for employment along the borrler and going back, that would be a different thing; but they may be found in every great industrial center in the country.- They may be found · in Ohio, in Penn­sylvania, in Indiana, and in Illinois, in the great manufacturing establishments, liying under a standard that American work­men ought not to be expected to live undf'r and thereby reducing the scale of wages. I think, l\fr. President, it is . exceedingly important that this amendment, or some modification of it should be adopted unless we are to weaken very seriously what we have already done.

Mr. REED · of Pennsylvania. l\Ir. President, it seems to me that it is extremely important for several reasons that this amendment should not be adopted. In the first place, so far as Central and South America are concerned, it is absolutely un­necessary. In the last . fiscal year we gained by immigration from all of the countries of Central America-that is, the countries from Mexico down to the Panama Canal-a net in­crease of 725 persons. The total immigration from all of those countries of Central America was ouly 1,275 persons, and 550

LXV--418

persons emigrated from this country to those countries, so our net gain was 725.

l\Ir. LODGE. Does that include Mexico? Mr. REED of Pennsylvania. That does not include Mexico,

but I will come to Mexico in a moment. I am referring now to the countries from the southern border of l\Iexiro to the Panama Canal.

Take the entire continent of South America. We received from all the countries of South America last year 4,737 persons only, and 1,447 persons went back to their native land, so that our net increase from all of the countries in South America in the last year was only 3,290 persons.

Mr. HARRIS. Mr. President--The PRESIDING OFFICER. Does the Senator from Penn·

s:rlrnnia yield to the Senator from Georgia? Mr. REED of Pennsylvania. I yield. l\Ir. HARRIS. Those of us over here who support the pend·

i11g proposal are not alarmed by the immigration from Soulh America, for, of course, there are very few coming in from that continent; but, according to the way in whiclt the bill is now dravl'n, if it is not changed, the whole quota might come from Mexico into this country and shut out every other coun· try in the world. l\lo.re than 100,000 Mexicans could come in here. As I recall, sixty-odd thousand came in last year, and I think they are about as undesirable as .any people coming to this country, and I want to get rid of them. ·

Mr. REED of. Pennsylvania. If the Senator will permit me, I will come next to the question of Mexican immigration. ·

l\lr. KENDRICK. l\Ir. President--The PRESIDING OFFICER. Does the Senator from Penn·

sylvania yield to the Senator from Wyoming? l\fr. REED of Pennsylvania. I yield to the Senator. l\Ir. KENDRICK. I should like to ask the Senntor if the ..

numbe1· of immigrants from South America, which I under· stand the Senator states to be 4,747--

l\Ir. REED of Pennsylvania. The total immigration from South America was 4,737.

l\Ir. IG1JNDRICK. Does that inclmle those coming from the West Indies?

Mr. REED of Pennsylvania. No; it does not. I nm talking of the countries on the continent of South America, and I say that, as to them, we had a net gain of 3.200 persons ; so that our total gain from all of Central and South America together amounted to only 4,015 persons last year.

Mr. FLETCHER. Mr. President--The PRESIDING OFFICER. Doe8 the Senator from Penn·

sylvania yield to the Senator from Florida? Mr. REED of Pennsylvania. I yielu. l\1r. FLETCHER. Can the Senator give us the figures as to

Cuba and the_ West Indies? Mr. REED of Pennsylvania. I ex11ect to do that in just a

moment, if the Senator will permit me. So far as Cenh·al and South America go, the policy indicated

hy this amendment is obviously unwise if we intenu to attach any importance to the Pan-American idea. We are alien to our neighbors in South and Central America by language. Their natural resort is to Paris aud to Madrid. For every­thing they buy ancl almost every tho.ught that they think they naturally refer to those two centers. If we want to hold them to us-and I think we do so long as we maintain tlie l\Ionroe Doctrine-we have got to treat them differently from the rest of ·the world, ancl we ought to treat them differently in tlle me~sure ·now pending, because there is no occasion fot• singling them out and clapping a quota clown upon them.

I come next to the countries closer to us, 1\Iexico and Can­acla. I agree with what the Senator from Ohio has said re­garding the general un<lesirabiJity of the type of immigrant~ we have been getting from l\Iexico. I think that pretty gen· erally the Mexican that has come to this country has come in violation of the literacy test that is imposed by the act of 1917.

l\Ir. KING. Mr. President, will the Senator yield? The PRESIDING OFFICER. Does the Senator from Penn­

sylvania yield to the Senator from Utah? l\Ir. REED of Pennsylvania. I yield. l\Ir. KING. The Commissioner General of Immigration tells

me that of the sixty thousand and odd who came la:::;t year all of them came regularly and without violating the law at all, and he said that the records show that substantially those whCI come in go back again.

l\Ir. REED of Pennsylvania. I had the impression that both of those statements were incorrect; but of course the Senator's autllority is niore recent than mine. I ought to say that as to the immigrant coming from Mexico, although under the present law there is no quota restriction, there is the same

6624 OONGRESSIONAL RECORD-SENATE APRIL 18

$8 head tax th.at ls 'imposed on immigrants from ~Y other coun trJ. Eight dollars means a very large sum to many of t!be Mexican immigrants, and th.at is why large numbers of them come ln illegally, smuggle themselves across the border, in order to beat that head tax.

Imagine, if you please, that we put on the quota suggested by this amendment. The result would be that instead of hav­ing some of them come through the inspector1 s 'Offices and the :rest smuggled in, all ot them would be smugg~d ln ; and here is ·what one of the chiefs of the inspection districts aloog tbe :MeDean. bol'der Sl).'YS. This is quoted in th-e repoa."t ·of tbe Commissioner General of Immigration 'in the present year. He says-this is the inspeet-0r in charge IOf the .San Anoonio district-

In this district there are thousands of miles of windJ.Jlg, twisting river front, traversin~ for the most part a lonely, almost uninhabited section of the country, covered wtlli dense brusb. When our officers JlC'netrate this terr1tory in searcb of contraband aliens and their smug­J;lers, they carry their liv~s in their ha:c.ds. The co:rotes-

'l'hat is the slang name down the:re for immigrant smng­g~ers--

The coyotes lrnow that they can make their escape back into l\lexico without fenr of apprehension, f.or once they get a start of 10 feet into the c1ense ·brush they are virtually lost to their ·pursuers.

Just imagine what the· result will be :tf we _pass this law. Obviously w~ are not guing to pass it rmless we mean in good faith to enforce it. Imagine tryiin.g to patrol thousan<Js of miles of uninhabited country along d'.hat riv.er, whieh can be waded along much .af its length, with brnsh so dense that llll officer can not see a man more than 10 fieet off, 'and imagine

.. t;O yourselves what it win eost us oo enforce that oor.der patrol to keep eut these 62,<m .Mexiearu;. .

Mr. KENDRICK. M:r. President, will too Senator yield t-ome?

Mr. REED of Pennsylvania. I yield to tbe Senator !from :Wyoming. .

Mr. KENDRICK. I want to say for the informati<ni <Qf tbe Sennte that I am satisfied that the majority of the 00,000 Mexi­cans w.bo came in last year were brought into the eountry in the i-egular way un:der the law, "8!11.d :re.turned to M<Elrlco in th~ fall. They came fur ~ purpose of cnltivatlng and b.anesting agricultural crops, and jt is not to'o mnch to say that this kind of labor does not appeal to white people. It is not a -question of :remuneration ; the}1 de (}f(Jt; want to do that kind '°f work. It is seasonal work~ :a"II.d if tbe beet growers of lthe W-est are denied this kind of labor it •will destroy the beet lndustry with-_ out .any questwn whatsoever. ' · As suggesting the importance of thi-s lndustry, t4:lere wa-s ipr-0-cluced in this eoo:ntry during 1922, 1,S82,l(;)00;000 r>crunds of ~et sugar.

Mr. REED of P~nnsylvanla. I thank the SenatOT fo.r that eontributJi.an.

Of the 62,000 immigrants who ea.me ln 1egally last year, 43,000 rame :to locate in Texas. It is obvious what we 'Will do to fhe farm-a in 'Dexas it we sn<ldenly shut ttiem out. I agree with the Senator that ttie ~ult Q.f a sudden exclnsfon. of them W'Ouid 1be r-ery humful.

Further than that, Mr. President, we have stricken out by ~emmittee amendment the W~t lnellee ISlands-and nmv I aw trying ta ui.swer the Senater from Florida--

The PRESIDING OFFICER The Sena.tor'·s time has -ex-pired. .

.Mr. REED -Of Pennsylvania. I move to strike 'Ont the last word 1()-f the amendment of the Senator from Ohio.

'llhe PRESIDING ()FFI-OER. The Chair will h11v-e to -say fo the S~tor that the 'Sel'late -does not recognize that method of );ll"ocedure .

.Mr. HARRIS. 1\Ir. President, can I :not oiTer my substitute for the amendment and ilet the Senfl.'tor speak on it?

The PRESIDING OFFICER. 'I'be Senator ean propose his substitute, and, of cout·se, the Senator wou'ld have 10 minutes on the substitute.

Ur. HARRIS. Then I will offer my substitnte for the amend­ment.

The PRESlDI ~G OFFICER. 'The Chair wflll. -recognize tbe Senator fi'am Georgia to offer his substitot-e, which will 'be stated by the Secretary. ·

.Mr. NEELY. Mr. P.re&1.dent, a parliamentary inquiry. The PRESIDING OFFICER. The .Senater will state lit. Mr. NEELY. Tlhe ,Senator ttrom Pennsylvania -Ooes not need

eny nsslstanoe -iro'JID. me ; Mt I 800Eld lik-e to i~uir.e if be has not .a p.erU!ct right to oontinne 'fur 1~ miimtes more to discHs either the amendment offered by the Senator from Ohio or the

substitute Qffer-ed by 'the 'Scna1:or from 'Georgia?' 'In -otner WO'rdS, has ~· oot 11 perfect right 't'O tak-e 20 min'Utes 'if 'he desires so t-o -do'l ·

'I1l1e PRESIDING OFFICER. 'The Chair bas statefi tbat if the 'Senat-6r from Georgia offers a substitute, the 'Senato'r from Pennsylvmiia ean take 1-0 minutes ou it if he !!leeks recognition.

The Secretary will state the -amendment, in the nature of a substitute, offered by the Senator from Georgia.

The .READING ~. On .puge .5, li.J.le 8, after the word " im­migration," it is pr.oposed .to .!?trike .out all down t-0 line 18.

Tll~ PRESIDING OFFICER. The O,ha.ir recognj~s the Sen­ator from Penn~iVlvania to -speak oo the ~.sti.tute of llie Sen­ator frol.ll Georgia.

l\Ir. REED of Penns,ylrania. I thank the Senator from Georgia. I sb.all be wery brief. I waut to give the figures on M&ican imm.lgration in the last two fiBCal° years.

In the year ending June 30, 19221 w.e .rece.iv.ed 19.~1 l\Iexi­cans of the immigrant class iand we lost 6,285, the net incr.ease being abput 1.3,.000.

ln the la.st fiscal year, which ended J'.une 30, 192.3. we received 63,768, more than tbree times as man.y .as the previous yeru.-, and the pep.artm:es-speaki.ng alw.ays o.f the irru:n~-grant dass--w.ere 2,6.60, and .a;iwarent net .gH.iI.l -of .e.bput 00,0DO, which is .rather cont;J.·adict~y to the idea that ijle .Se:ruito.r frOJTI Utah mentione(l a little wLlile ago,, ,and is oontradicted by my own irmpre!!sions. I think more .of them went bll.Ck than the reoor-0. shows.

}.fr_ BURSUM. Mi·. Preskl.ent--The PRESIDING OFFICER. Does the Sena.tor fr'61ll Penn­

sylva.ni.a yield to the .Senator from· New :uexico? Mr~ REED .of .Pennsylvania. I _yield. Mr. l3URSU1\L I .desire to call .attention to the fact that th.e

64,000 Dr 83,.000 does not represent the bona fide immigration so far; . as laborers .are concerned, but the lu~ge portion of that number crune out of Mexioo on a.ccount 01: tbe revolution. Many o;f t:Uem came to Los Angeles, others to San Antonio. They are a very high typ.e .of people, and ;they are there a.ow~ They are n.ot )lere e-0mpe.ting with, American labor. W:he.uever times Q'Uiet Gl.01..rn they will go .ba~k. The ~me thing ha;ppenecl m 1920; and those are the .only twe pears «Hitt of ithe last ten yeal'S that sh.ow any ab.normal immigration -from Me:rioo.

1\Ir. REED of Pennsylvania. Mr. President, .just a woru in conclu~on.

There has developed within the la-at six monthf,; .a r.ather con­siderable immigration of negroes from· the colonies i0f Great Britain in the West .Indieos ; .aµd .it was for that ren9<m, and because that immigration i;eem.00 ro .us to be undesirable~ that we struck .out the West Indies dependencies. as you wall notice on page 5, in lines .14 aru1 15. That was d(}ne by tl'le .com­mittee, and the Senate has alr.eady .agreed to tha.t am.en.<lm~mt. That leaves only the matter of Canada.

T11e Canadian border is neal'ly 3,000 miles long, and most of ft is barren wilderness. It is a physical impossibility" to police that border .so .as to J>rewent the .11ercala.tion. into the United States of single individuals. We c.on1d not do 1t if we hadi the whol'e United States Army .stationed at uniform .intervals a1ong the border. You can fieaure sit out mentally. It comes to about one soltlier for every 500 f.eet; antl 1f we took an ow.­soldiers away from all tbe other posts on the globe, and .sta­tioned them on the Canadian frontier., tl:a.ey still could not pr& vent Canadian immigration.

Mr. '.McXELLA.R. Mr. President, will the Senator permit me to interrupt hlm? ·

The PRESIDING OFFICER. Does the Senator from Penn­sylvania yield tv the Senator from T.enne.ssee?

M1·. REED of Pennsylvania. I .yield . Mr. l\IcKELL.All.. I recall .a young man f.rom some Em·o­

pean .country who had entered the 'Unite~l States and had gone home without taking out bis naturalization p.aper.s and there­fore could not .get back.. He trleil for the .next two years to get in thraugh Mexico., and he was arrested on the ·border every t'ime, and he never .d1d get in. He had to go back to one of the Mediterranean countl.'ies-I have forgotten which one it was-and ge.t Wmself inclulled 'in n. quota, and it was. three or four years before he got back. I think they are -vex:y active down on the border, antl that they keey the immjgrarrts froni cmning in that wa:y fo :a fairly good degree.

Mr. 'REED of Pennsylvania. Well, Mr. President, there are H: inapectv.rs in the ·southern -Ca'lifornia district, and they have to co~er a 'trnct of nearly '800 miles, 'SO they nrn.st ·be 'Pretty vig-Nant if they al'e -able to do it .

Coming- back to the Oana~an 'frontier, Mr. President, if '\Ye

eould gnard that frontier, it seems to me we -ought not to want to. 'Th.~ 1Qan11dlans -are eraetly lf:he same kind f -peCJ];)'le that we a1•e. .it ·if! to thei:r iRterest e.nd tmr interest thnt -we :naive the utmost freedom of movement across that frontier. They

1924. CONGRESSIONAL RECORD-SEN ATE 6625 give the same privileges to us. They are more than courteous in allowing us to establish our immigration officers in their ports; and so I want to say in conclusion that in my judgment this amendment indicates the wrong way to do it. What we ought to do is to apply to Mexico the same met.hod that we have applied in Canada. J.-et us have perfect free trade across the l>order in persons with those countries. Let us, by coopera­tion with them, establish immigration officers in tlleir ports, as we haYe already done in Canada, so that when a man lands either in a Canadian or a l\Iericnn port he is greeted right oft by an American inspector; and if he does not measure up to the '.American standard of _admissibility, he is not allowed to land in either of those neighboring countries. That way has proven practical in Canada. We work it without the slightest fric­tion with our Canadian neighbor!:\, and I think it would he a great misfortune if we were to change that system.

l\f r. ADAMS obtained the floor. Mr. SHIELDS. Mr. President, will the Senator from Colo­

rado yield to me in order that I may ask the Senator from Penus~·lvania a question?

Mr. ADAMS. I yield. Mr. SHIELDS. What countries now are excluded from the

quota law? Are the West India IslnndR exC'lu<led? Mr. REED of Pennsylvania. Does the Senator mean unde1·

the bill now before the Senate? Mr. SHIELDS. Yes. Mr. REED of Pennsylvania. The hill now before the Senate

cov.ers all countries ·with a quota except the Asiatic harred zone and Japan, and except the Pan American countries on continental South Amerira, Central Ame.l'iC'a, aufl No1·th America, and it also excepts the independent governments in the West Indies. That is, Cuha iR excepted, Haiti, the Dominican Republic, and Newfoundland. Tho~e are the only exceptions.

L\lr. ADAl\IS. l\lr. President, I have Rome clifficulty in re­garcling the l\Iexican immigration ns immigration in fact. The pa rt of this country from which I come was, in fact. opened an<l developed by the Spanish-speaking people, and it was the English-speaking people who have crowded into that territory. The western part of this country was opened by way of Mexico and not by way of the Atlantic const. Ro I haYe difficult~· in thinking of the man who comes in from ~Iexico, nct·oss and along the trails that were open and in use before the Pilgrims lancled at PJ~·mouth Rock, as an immigrant.

In my State and my county these peor1le were among if not its ftr!':t permanent settlers. I llo not <:'onrur in the description which the Senator from Ohio [Mr. Wrrus] gives of the Mexi­can who comes in. He ls not a bnd citizen. He is not an anarchist. He is not lawless. As a matter of fact, the Spnn1sh­speaking people and those of Spanish descent are good citizens in our community, and they are citizenR much neerle<l. There is an influx each year from across the border greatly .needed in the beet industry, in our sheep industry, and in other lines of vroduction. The railroads use them.

Let me point to this distinction: In this country. following the war and during the wat', we found racial groups, inrtuencerl in their thinking upon great qu~t.ions inYolv-ing thf' future of Amel'icans b~~ home ties. This condition did not exiRt among the Rpanish-speaking people in our country. "'e 11111.l no un­A mel'ican thinking group from those sources either before, dur­ing, or aft~r the war. They are.. genuinely American ln their sympathies, in their thoughts, and in their actions. r.rhey are aR a rule ·not well to do in the world's goods, but they respect our institutions an<l regard the rights of others. l!""'ew of the recent immigrants from l\Iexlco come here for permanent resi­denf'e.

'l'he difficulty the employers of the Mexican population have hacl has been in inducing them to stay. They are really anxious to go back to their own homes. They came here to escape dis­turhed conditions in l\le-xico and temporary economic pressure, hut they intend to return. The people operating the beet flf'lds and the beet factories and in the sheep industry fre­quently haYe to go and induce the Mexican population to come in nnd supply much needed labor for their seasonal industries. It i8 with difficulty that the common labor need of our com- . rnunity is kept up, and we are dependent .solely and abso­lutely at the present time upon this labor that comes in from Mexico.

Ho the striking down of this source of labor would to-day inflict serious injury on a great section of the country, and there is no corresponding threat, there is no danger to our country from permitting them to come in. Remember, Me~ico is not a populous country; it is not teeming with millions of people eager to leave. Those who seek to come are few in number. There will be no great influx if the borLler is left

open. But few of them wish to come, and those who do .are good citizens, on th~ whole, and they are needed.

As pointed out ·by the Senator from Pennsylrnnia [l\fr. REED], it is also greatly to our interest to estal>lish and main­tain cordial and friendly relations with Mexico.

So, speaking from the western standpoint, I sincerely ho1)e this amendment will not be adopted, because the adoption of it would mean not good but injury to our country.

Mr. NEELY addressed the Senate. After having spoken for 10 minutes,

The PRESIDING OFFICER. The Senator's time has ex­pired.

Mr. NEELY. l\Ir. President, I shall now speak on the sub­stitute offered by the Senator from Georgia.

The PRESIDING 01''FICER. The Senator has been speaking on the substitute. The Senator can now speak 10 minutes on the bill.

Mr. NEELY. I will do that, and if I do not finish in the 10 minutes I shall speak on another amendment.

The PRESIDING OFFICER. The Senator will proceed. l\Ir. NEELY addressed the Senate. After having spoken for

10 minutes on the bill, Tile PRESIDING OFFICER. The time of the Senator from

West Virginia has expired. l\Ir. NEELY. I ask unanimous consent for five minutes

more. The PRESIDING OFFICER. That would be contrary to

the agreement. The Senator can speak on another amendmem when it comes u1).

MI'. HEFLIN. He can speak on the amendment offered l>y tbe Senator from Georgia.

The PRESiDING OFFICER. The Senator has already ex­hausted his time on thnt amendment.

l\Ir. HEFLIN. I lrnve an amendment on the table tllat I desire to have voted on.

The PRESIDING OFFICER. The Senator can not offer that amendment until the pending amendment is dispo'sed of.

l\lr. HEFLIN. It is already offered. The PRESIDING OFFICER. There is an amendment pend·

ing. l\lr. NEELY. May I move to amend by providing thnt the

Harris suh8titute shull he limited to two years in its operation? The PRESIDING OFFICER. The Chair is hound to say

that thnt would be an amendment in the third degree. l\lr. NEELY. Then, may I offer it as an amendment to the

amendment of the Senator from Ohio? Tlle PRESIDING OFFICER. The Senator can not· do that

now, because the amendment of the Senator from Georgia to tlle amendrneut of the Senator from Ohio is pent.ling.

l\lr. NEELY. I offer it as a substitute for the amendment of the Renatol' from Ohio, and thut certainly is not an ameml.­ment in the thircl deg1·ee ancl it is germane.

The PRESIDING OFFICER. It 'vould not be in the nature of an arnen<lrnent. The Chair would like to help the Senator if there was any way to do so.

~lr. NEELY. l\Ir. Presideut, a point of order. I insist that the Senute tau at any time by unanimous couseut do a11yt11iu~ it chooses. I would like to ha,•e my request for unauimous conseut put l>efore the Senate. I ask for four or flye minutes a<l<litio1ial, an<l if the Senate does not grant it I shall be l)er­fectly satisfied.

Mr. FLETCHER. l\Iay I suggest that the Senator can offet· his amendrueut after the Yote is taken on the pending amend· ment?

l\Ir. HEFI.IX. But he wnnts to finish his speech now. l\fr. Nb"ELY. I do not want to torture the Senate twice in

one day. The PRESIDING OFFICER. The Chair will put the request

of the Senator from 'Vest Yirginia. Tlte Senator from 'Vest Virginia asks unanimous consent to proceed for frre minutes more. Is there objection? The Chair hears none, and the Senator from West Virg-inia will proceed.

Mr. NEELY. I am Yery much obliged to the Senate and also to the Chair.

)fr. NEELY re~nmecl antl concluded his speech, which is as follows:

1\lr. President, having :;ubjected immigration from Euro­pean countries to the most rigid restrictions, \Ve shall reach

·the Umit of inco11sistenc~-. the height of folly, and proYe our­selves the must illogical of legislators if we leave. open om· southern bortler to the Uliobr-;tructed invasion of the United States by the entire l)Opulation of l\lexico. On the basis of merit l\lexico is the lHst country in the worlll to wllieh we shoulLl grant a special fayor or extend a peculiar privi­lege. She has committed more offenses against the American

6626 CONGRESSIONAL }{ECORD-SENATE APRIL 18

Government, ~utr.ag.ed more American citizens. and usurped more Amerienn PJ'Or>t;'rt_v right.."\' than any otl1e.r nation in the world. The immigraut~ from many of the ieountlies .of Europe have more in common with us than. the Mexicans have. The immigrants from many (}f the countries subject to the quota provisiOilS of the bill uefore tl1e Senate are much more desir­able from every point of view than are those fr.om ..Mexico. Every fact, every circumstance, and every consideration that prompts us to restrict immigration from Spain and Poland and Italy demand that we restrict it in equal measure from Mexko.

Therefore, I shall support the substitute offered by the Senator from Georgia. [Ur. RARrus], the purpose of whieh is to make the restt·ictive features Qf the bill operative against Mexicans to the same exten.t that they are ()_perative against the people of Em·ope.

It is high time for us to realize that this is our country, an<l that it is <>Ur duty to defend it .against all enemies. It is our duty to defend it not only against enemies in arms but against the millions of physically, mentally, and .morally in­ferior men and women scattered over Europe; Asia, Africa, Mexico, and the islands of the sea, who, as prospective im­migrants, are awaiting their 'Opportunity to rush to our shores. An<l let us not deceive ourselves. E~ryone immigrating to the United States whose intelligence is below tbe average in­telligence of our own people, whose respect for law and order is less than that of the average .American citizen, whose stand­ard of life is l<>wer than the American standard of life is an obstruction to American progress, an enemy to American in­stitutions, and a menace to American ideals.

He who can contemplate our immigration st.atlstics with complaceney eonld experienee an earthquake without app.re­lleni;;ion or a volcanic eruptiGn without alarm.

Among many other things these statistics show that during the decade immediately preceding the outbreak of the European war there came to this country, with the :momentum of an i rret;istible army, <>n an average more than 1,000,-000 im­rnigran ts a year. Of this mighty ln:fiux of humanity more tnan 2,{)00,000 could neither read nor write a sin.gle word c.>f MY language.

During the last fiscal year, under the IllQSt restricted im­migration law we have ever had, more than 673,000 aliens entered the United States. This late 11ddition to our popula­tion, if arrayed four abreast like an army on the march, would term a column 191 miles long. That columll would reach from Washington, through Maryland, Delaware, and Pennsylvania, t-0 Bound Brook, N. J. It would reach from Baltimore to New York City. Too men, women, and children oomposing it, march­ing as disciplined troops, would .require 671' hours--almost three days and 11.iights-to pass ·a given point. . If one were to begin at high noon -0n M-0nday tQ review t}lese

marching immigrants, he would find 1t necessary to remain on duty continuously until half past 7 •O'clock on the following Thursday m<>rnin,g in order to see the entire procession go by.

One view of this horde, largely made up of ignorant, inditfer­ent, and unassimilable huma:ijity, bearing im countless con­tagious, physical, ment.al, and moral diseases directly to th~ .American peeple, would visualize our danger, . fill us with con­sternation, and .at'ouse us to a sense of our duty.

According to the census the1-e were ln the year 1910 more than 13,000,000 people of foreign birth in the United Sta,tes.. J\fore than 6,000.,000 of them, although they pad r~sided here more than 10 years, had neva· even tried to obtain natw·aliza­tion papers or attempted to become American citizens. These millions of aliens had enjoyed the protection of our Jaws; tOOy l1ad shared our prosperity; they had accepted our bospitality­the most generous and genuine in the world-for more than -10 years without having assumed a single obligation of citizenship; without having pledged themselves to support our Constitution; without having swom allegiance to our :tlag.

llut despite the fact that we already have millions of un­assimilated immigrants <m our 'hands, our "banners" of wcl­come are still " hung out on the outward walls," and "the cry is still, 'They come.' "

During tlm last six months of last year, under our present re 'lrictive law, an additional horde of more than 585,000 immi­gmnts invaded this land. Every one of these aliens helped to swell the ranks of our unemployed ; every one impQsed some new burden upon the country ; every one presented some new problem f~r solution.

We are at last compelled to answer at the bar of ,public wel­fare the momentous questions; Shall we keep Ameriea for .Americans ; shall we hold it in trust for our children and our chH<lren's children; or shall we continue to lavish it upon tbe j>eople <>f every other nation until we shall have delivered all

of oor p.:ricelffss heritage t.o forel,gn Invaders-until we shall have justified the f<>llowing words of Isaiah: "Your hind, str8llg.ers dev<mr it in your presence, a.nd 1t is desolate "?

Day before yesterday I voted for the Harris amendment to prohibit all immlgrati-on-subject to an e:i:ception in fav~r of ~ailed fireside relatives--for a perioo of five years. All of the reasou that persuaded me to vote for the prohibitive amendment impel me to support the pending amendment to restrict immigrati<>n from Mexico. The following are some of the reasons in question :

In .my <>pinion it will require at least five years to assimilate the foreigners wlw are now on American soil. Until the aliens who are oow here have Jee.med to :B,peak our lan­guage, -k>ve 10ur country, revere <>ur inBtitutions, and obey -OUr laws no nwre should be permitt:ed to come. Until all woo are in this country have adopted the American :standard ·of life no more should be permitt:ed to bring here the lower standards of life from other lands.

We shall better serve our country by making thorough-going. liberty-loving, law-abiding patriotic American citizens of the more than 14,000,000 of foreign-born subjects who :are oow here than by admitting millions of addioonal immigrants of whom untold multitudes will never become American citl­rens at all

The perennial unemployment of our people--bo.th native and foreign born-demands the prohibition of immigi·,ati()D until all those fur whom we are responsible have been provided at least sufficient employment to enable them to earn their b~d. It is our dnty to be just to those at home before we attempt to be charitable to those abroad.

At the present moment there are ut least fifteen hun­dred thou83lld workingmen and women in the United States who are idle, for the sole l"eason that there is no de­mand for their labor. There have been times during the last three years, under the present admlnistratioo, when 5;000,000 of our toilers could find no employment and when 2,000,000 of them in desperation were forced ·eitber to beg {}l' starvft

So long as .our problem of unemployment is unsolved, so long will the admission <>f additional immigrants intensity the distress resulting from enforced idleness, augment our prevaUing unrest, multiply our present ditlkulties, . and in­crease -0ur existing dangers.

T.he contention that we should .continue to permit immigra­tion in order to be prepared. to satisfy any inc1-eased demand for labor that may hereafter arise is without facts to support it. On the contrary~ fi,gures are available not on1y to refute it but also to prove that we now have hundreds of thousands of working men and women who, with great advantage both to themselves and to the country, could be relea:serl from their present occupations by the modernization of our industdes and the scientific distribution of our labor.

I acknowledge my indebted~ to Hon. Ja~ J. Davis, the able Secretary of Labor, for the following pertinent facts and illuminating figures:

In oor steel industry, for example, with all mills running at capacity, we iean in seven months produce enough iron and steel t<> satisfy all <>f our demands. It is therefore obvious that our iron ,and ieteel workers are living under the constant apprehension . of the cal1:1.mity @f unemployment for approxi­mately lfive months i0f every year.

If all of ·our steel mills were thoroughly modernized, it would be possible for tWO-tfilrdS Of those D'@W Oll the pay roll in this industry to produce all of the iron and steel for which we have a market. · In the best--equi,pped furnaces it eonsumes but 1 .h{)ur and 12 minutes of one man's time fo produce a t<>n of pig iron, while in some of the antiquated furnaces which are still in operation it requires as much as 11 hours of one man's time to obtain the same result. An intelligent moderni­zation -0f all our inefficiently operated mills w<>uld result in a large additional surplus of laborers for employment in oth€r industries.

Our boot and shoe manufactories as n-0w manned and equipped are 'Capab1e of producing 7r>8,000,000 pairs of boots and shoes a year. But we have an annual <lemand for only 325,000,000 pairs. Thus it is apparent that the boot '-and shoe ·industry is more than 5() per cent overmanned, and that it would be better for all concerned if half the labor empJoyed in it eould be diverted to the production of some other commodity.

Thet·e are in the Unit.ed States at the present time approxi­mately 33,000 men engaged in making brick. The operation of this in-dustry is almost as primitive as it was in the days of ,the Pharaohs. But there is a brickmaking machine in Chicago with which Qne ruan can manufacture 4:9~000 bricks an hour. If machines of similar capacity were installed in all .l()f our briekmaking plants~ 5,000 men coultl produce enough

1924 CONGRESS110N~L RECORD~-SENA/PE.

brick to satisfy our entire demand, and thus . render super­fluous, so far as brickmaking is concerned, approximately 28,000 laborers and make them available for other oeeupations.1

The bituminous coal industry affords a most. impreS!ive example-- of overmanning and overdevelopment, As now equipped our mines, working full time~ can produce more than a billion tons of coal a year ; while there is a demand for only 500,000,000 tons a year.

About 650,000 laborers are engaged in mining coal• Four hundred thousand of these men, working 8 hours a day, 308 days a year, could produce all the coal that it• is possible for us- to consume. In the circumstances,. there is a constant surplus of 250,000 coal miners whose employment in other industries would be a1 godsend to the remaifiing 400,000 who would thus be able to obtain regular employment every day in the yenr.

The foregoing illustrations of the possibilities of econo:rnizii1g onr man power and supplying additional demands for the services of• those wlio toil sJiould be suffictent to convince el'err the most skeptical that by the scientific modernization of our industries and the intelligent redistribution of those who work with their hands we shall be able, witl:tout futther immigra:­tion, to supply all demands- for labor for· many years to come.

Another ffi'rone6us contention that llas been genetously con .. tributed to the debate in progress is to the effect that irrlmi­gl'ants are nooel.ed to perform fa.rm labor. :Sut this conten­tion is doubly refuted-first, by the Farm-Labor Senators wlio nsse11: t11at the' farmers dtJ not need more labor but liigller prices for their agrtcUltural products; and, secondly, by tl1e well-known fact that the average immigrant~particularly from southern Europe----will neither work nor live on tl1e farm.

'l.'he seductive · charms of rural scenes, the unalloyed pleas­ures of pastoral li!e, and the raptti1·ous sight ot bur'Stilig lfudS and bearded ' gra:ln, immortalized by Virgil, make no appeal to the remote descendants of1 this gi'ea:t poet of a more heroic age. Unhappily, the immigrants of to-day prefer the feverish cen­ter!!! of popnlati<1n arid tl1e poverty-stricken slums of great cities of the · East to the wheat field~ of the N-Ortb, the cotton fields o:r- the South, or the cornfields of the West. Sad to relate, more than tl1ree-ifourths of our entli'e alien popnlatlon are now congregated in cities of more than 5,000 irt1iabitants.

But tlte all-compelling reason why we should for the present prohibit or at least most rlgltny restrict iittf!!igtatioii, including that from Mexico, is discovered in the fact that our- toreign­born p0f>Ultl.t1on is largely responsil>le fol* the lawleS8ness, ttie violence, and . tlle crime that are burdening our taxvayers, blackening omr record, overcrowding out jailS' and· peniten­tiaries, disgracing out Nation, and jeopardizing the · safety ot alll law~abidJng citizens.

A little while ago a respon&1ble <1fficial of the Department o:f; Justice decln~d that nine.-tettths of all the violent upri!I~ ings in the United 'States are attributable to those of foreign bitth. Corrobor-a.tlon of this assertion is ta be found in tlie columns of e-very newspaper and in the records Of every crim­inal court in , the countr~.

To call the roll of those acelised of crime in almost any American: forom is- simply to p1•onounce names the> most of wl1ich have appeared on the passenger list O"f some Hnmigtant ship. From mildest misdemeanors· to most brutal murders there are no offenses for the commission of which our aliens are not responsible for much more tha11 their proportionate sltare. Every passing year witnesse~ an increase in the crim-

. inal activities of our foreign-born population, It is a matterr of common knowledge tllat a large majority of our crlines of · bootlegging, rum i-u.nning, drug peddling, kidnapitlg, bomb throwing, dynamiting industries, destroying property, and massacreing human beings-are planned and :perpettated by those who were born in other lands and have become rest<lents of this country by virtue of our lax immigration. laws.

On eve-ry ship that brings immigrants to our shoras come those who before they pass the Statue of Liberty b®ri to formulate plnns to capture the American Federation of I!taoo:r, use its great power for wicked purposes, and vanquish its able and patriotic offieets and leaders, such as Samuel Gompers,. Frank Morrison, and the chiefs of the railroad brotherhoods.

Before these undesirable immigrants have set their_ feet on our soil they have1 with the zeal of fanatics and the in­dustry of beavers, , begun to, devise means of subverting om' CoustituticH'l, defying our laws, destroying our1 institutions, communizing our prope1'i:y and sov.i:etizing otir Government.

It is of courlre' cheerfttUy admitted that with tbe influx of un­desirable immigrants Were have come many thousands :froin many different countries who are sober, industrlo11s,1 law•abiding. patriotic citizens in every sense of the wovd, 'li'hese llave­)lelped to- man om~ industri:es, dtrrnlop1 the• cou.nt11Y1's reso11?'Ces,...

and increase• our wealth· in time of peace; these have gen­erously, loyally, and' courageously hE!lpedt to tight our battles in time of war. To them and to their poster I ty we owe a debt of gratitude which no good American citizen will ever in­tentionally. lose- an opportunity to pay.

Therefore, let is be understood once for all that it is only against the lawless, the vicious, and tho disloyal aliens that we inveigh.

The unassimllated immigrant's constant menace to America's most precious ideals is indicated by an ttrticle that recently appeared in the Chicago Tribune, a part of whicti is as follows:

liamtramck, a city of 60,000 inhabitants, situated within the 11.mits of Detroit, is making a bid for f'ame. At a recent mass xneeting of its residents demands were voiced for "Polisli rlile," evacuation of the State polic"e, and removal of all but Pollsli people from the community. A judge of the Federal court was harshly criticized for an attack on the local liquor situation, and a local justice was booed into silence when he attempted to speak in English in defense of the Federal court. Ile was told · that' only tlie Polish tongue should be heard.

That reveals a situation wl1lch can not be overlooked. The persons responsible for that meeting and its actions are not American in tliought, spirit, or prn:ctlce whetl1er they are naturalized citizens or not. Either something witbn themselves or something in America has prevented tllem from becoming Antertcan and has kept them roles at heart. It reveals 0: gtave menace to American institutions and demo­cratic government.

• l\Ir. President, the deplorable, disgraceful, and alarming situ­ation, of which the foregoing. article so forcefully speaks, ex­ists to a greater. or, less degree in. ev.ery, city in the lJnited States which has a large foreign population.

Such aliens are not attemptihg to Americanize themselves; they a1·e endeavoring to · Europeanize America. They at·e not an asset to .the Nation; they are a manace to American civiliza­tion. . It was not for such a.s these- that Washlngton· gavet us the country, Jefferson the Constitution, and Lincoln the Union.

In the · matteF· of rendering justice, dispensing oharity1 and granting re.lief to the distressed of other lands we Shall always continue to lead the world. We sl1all always continue keenly to sympathize with the unfortunate, the puverty strlcken1 and the oppressed of every other country who shall long for re'.f'u~e here. But in spite of our sympathy, our charity, and our gen­erosity the hour has come for us to respond to the demands of duty and first of all discharge our obligaticms to out own fleeh and blood. ..

Let us forthwith1 adopt as our. SJ()gan, "'America for ..Mneri­cans to-day ; America for Americans until the judgment day."

T.he sonsi of Russia, tlie sons of Greece, tbei sons of Italy, and the sons of nll: otbet• Ettropean countries· are against our sus~ pending or resttictin~ our immigrati<ro ; but the American Legion, the: American • Federation of nabor, the So:ns· and Daughters of the American Revolution1 and all We other patriotic soeieti~s · and frateirrtiUes in the Hmd' arEr pleading for their total prohibition or the most rigid reB"tTiction of immi­gration.

In such· a case my dtlty. is elEm.r. I shall vote not tor the· soeieties and sons of other countrles but for the societies a.nd·. sons of my own country. I shall ' vote, not· for Russia but fot the United States, not for Mexico but for America, and for! tbe protection of her institutions and tlle presel'vation of heJ.! ideals.

In 1Jehalf of American labor, the most loyal and patriotle in the worm ; 1n }jelia.lf of . the American Legion, wh'ose meln-" ber'S have fought dUr battles and won cnu• vietdries ; in behalf of Aru.eriettn law, which'. has been viotated by allens on evety hand; in behalf of the institution of private property, whicli has lent wings to our lmnglhation, gtatifica:tion to our ambi­tion, and success to our efforts; in behalf of all wb'a would protect this Government against the [lr'opaganda of the Bolshe­vists and the asf:laults i of the ana.r'Chists from other lands I have voted tb prohibit au immigration for' a period of five yeats, But sinee the amendment pl'oviding exclusion has failed, I 1 now eartrestly plead fo'r the adoption of the pending amendment, -Wlii<!'li subjects; the people · of' Mexico to all of the rigid restrietions of the bill before the Senate.

Henceforth let us meet Mexican& and all other immigrants­in excess of the minimum quota at the international boundary line and tlle water's· edge --W"ith tl1e stirring Garibaldlan battle cry with which Petaitl'~ heroes turned tlie title Of V'ictory at' Vettlun and proclaim to all the world/ "They shall not pass!"

Mr-; HARRIS, l\fr: Ptesiden:t; if the provision is not atnended· it, in my opinion, breaks down the quota basis of the whole bill we are undertaki.ng to enact into law. Unless the amend-· ment is adopted f>r th~ substitute is adopted the Italians or othe~ nati-ona~.€Wld1 go to Mexieof 200,000 in a year, and cotne

6628 CONGRESSIONAL RECORD-SEN ATE APRIL 18

across to this country and then every other nation on earth would be shut out from coming in here. Their quota would be broken down. To-day one of the great troubles we have is that they are going from Holland and Italy and other countries to South .America, Cuba, and to Mexico, and then coming across our border. Thousands of them have gone to Cuba. Unless we change the basis, as I said, it will desh·oy the effect of the whole measure.

l\Ir. KING. Mr. President, will the Senator yield? Mr. HARRIS. Certainly. l\Ir. KING. The Senator knows that under the provisions of

the bill before us that may not be done. If a person should come from Italy to Cuba or to South .America, he would have to remain there five years before he would be eligible to come into the United States and would then have to come in under the quota.

l\Ir. HARRIS. Mr. President, I did not mention the number of years, but the statement I made is true. Two hundred thou­sand could go from any one country in Europe to South America and then come from there to this country.

l\fr. COLT. l\Ir. President--The PRESIDING OFFICER. Does the Senator from Georgia

yield to the Senator from Rhode Island? Mr. HARRIS. I shall be glad to yield to the able Senator. Mr. COLT. The bill now before the Senate only proposes to

admit those who are born in this hemisphere. We have changed the pending bill from the present law and from the Johnson bill; in other words, while the countries in this hemisphere are .. outside of the quota, speaking generally, only immigrants born in those countries are outside the quota; and any Englishman or any Frenchman coming to Canada and desiring to enter this country would come under the English or the French quota.

Mr. HARRIS. Let me ask the able Senator, who under­stands immigration better than almost any person in our coun­try, this question: If this provision is left in the bill, if it is not changed, and 169,000 immigrants, the total that we are going to allow to come into the United States, came across the l\lexican border, we should have to receive them under this proposed law; would we not?

l\Ir. COLT. No immigrants can come across from the Mexican border except those who were born in Mexico.

Mr. HARRIS. If they were born there, any number, could they come?

Mr. COLT. . Ob, yes. Mr. HARRIS. They are excepted from the quota? Mr. COLT. They are outside the quota, if they were born

there. Mr. HARTUS. Now, we are closing the front gate and we

have opened wide the back gate. To my mind we are going to destroy much of tlle gooo that is . in the bill. I have been de­lighted with the prospect of getting such a bill, though, as Senators know, it is not so restrictive as I should like. How­ever, I have been consistent. I have tried to treat every section of the country alike in my votes. I have not made any ex­ceptions or given any preference to any. If this provision should l>e allowed to remain in the bill, it would give preference to certain sections and certain States; and I am opposed to that. I think we ought to strike out this provision.

As I said just now, I think the Mexicans are among the most undesirable immigrants who come into our country. I hope the Senate will vote for my substitute to the amendment of the Senator from Ohio [Mr. WILLIS]. If I can not get my substitute adopted, I am going to vote for the amendment of the Senator from Ohio, and I hope that it will be adopted if my substitute be not agreed to. I have made the best fight I could for re­strictive immigration, and while I would like to prohibit all immigration for five years I am more than pleased to get it greatly reduced, and I am not going to take the time of the Senate further, Mr. President.

Mr. BURSUM. Mr. President, I do not think it would be wise to adopt the pending amendment. I am not in favor of disrupt­ing the Pan American Union which it has taken so many years to build up by our most farsighted and patriotic statesmen. I do not believe it is wise to set aside a traditional policy which bas been in existence practically since this Republic began. Under the Monroe doctrine we have assumed the role of "big brother" and defender of all Latin America against the world. Now to slam the door in the face of our neighbors could have no effect except an adverse one to this country. It is to Latin America, South .America and Mexico, that this · country must look for the promotion of trade, and, in large part, to increase our foreign commerce in order to build up and aid American industry.

James G. Blaine, while he was Secretary of State-and I believe all thinking men will concede that Mr. Blaine was

pretty sound on. matters of international commerce-proposed a reciprocity arrangement with the South American countries, in order to enhance Ameriran trade and industry. American shoes, American clothing, and · American automobiles are sold all througµ those countries; they are used almost exclusively in Mexico. There are upward of $3,000,000,000 of American capi­tal invested in Mexico. American genius, American science, and American money are invested in nearly all of the Latin­American· Republics. Those countries have always shown a dis­position to welcome .American energy, American genius, and American capital.

There is no danger of this country being overrun. by Mexican immigration, and, so far as South .America is concerned, it is a joke to talk about it, for there is practically no immigration from the countries of South or Central America. During two years of the last 10 years there has been an abnormal immigra­tion from Mexico, in both cases the result of revolution in Mex­ico. Men of high type, high character, and splendid ecluca ti on have come here because of the conditions in Mexico. They have not settled in States in the interior of the country, but have located along the border-for example, in Los Angeles, Calif., and El Paso and San Antonio, Tex. I have heard no complaint from those communities. The Mexicans naturally locate near the border, because their relatives and friends live there, on the soil where their forefathers came before the landing of the Pil­grims at Plymouth Rock. They have a perfect right to come, and why should they not come?

So far as labor is concerned, Mexico has no great surplus of labor. Mexico is a very sparsely settled country, much more so than any portion of the United States. The time is not far distant when Mexico will be a very desirable field for Ameri­cans to settle in in order to help develop that wealthy country and its vast resources. Through that sort of a policy we can hope to obtain a large measure of benefit, but to close the door against our neighbors, nrst, is impracticable and, second, it is offensive. ·

Furthermore, most of the labor from Mexico does not com­pete with American labor, but is absolutely indispensable in the beet fields of Colorado, of Utah, and of the Dakotas, and like­wise it is indispensable in the cotton fields in cotton picking.

Mr. WILLIS. Mr. President--The PRESIDING OFFICER. Does the Senator from New

Mexico yield to the Senator from Ohio? Mr. BURSUl\1. -I yield. . Mr. WILLIS. I was wondering under what theory the Sena­

tor claims that Mexican laborers do not compete with American labor When we find Mexican laborers coming into our great in­dustrial centers and doing the work formerly done by American labor. Upon what theory can it be said that that is not com­petition, and how can it be claimed that that sort of labor does not dispossess American labor and reduce American. wages?

Mr. BURSUM. I will say to the Senator from Ohio that the principal work which Mexican labor does in this country is in the beet fields, where no American laborer is willing to work. They , have always done that work.

Mr. WILLIS. Mr. President. if the Senator will permit me, the very amendment which we have been discussing has in it a provision for seasonal labor to reach the very situation which he now describes.

Mr. BURSUM. Yes; but the amendment, to my mind, would not be sufficient ; and, furthermore, the very proposal to set aside a traditional policy so far as the Latin-American na­tions are conce!'ned, and which admittedly is aimed at the Mexican, can not help but be offensive, and it is not for our welfare.

As to other lines of work, Mexicans have been brought here to work as section hands on the railroads. . There is no other labor to do that work. The Mexicans do not come here to work at a lower rate than anyone else would be paid; far from it, that class of labor is paid nearly three times what was paid when the Irish performed the section work of the country. They, however, are no longer willing to do that kind of work; they have progressed; they have accumulated wealth and sought other vocations more agreeable and more profitable to them. Later on the Italians did the section work on the rail­roads, but the Italians are no longer willing to do that class of work ; so that now we must rely on the Mexicans.

So far as absorbing the Mexican population in this country is concerned, that is the merest rot. Mr. President, you will never live long enough, nor will any other Senator live long enough, to see the day when there will be any considerable number of Mexicans who come to this country to live perma­nently. When they do come here .to reside, as a small number of them, perhaps, have come, they remain in the border States

1924 1CONGR·ES8IONAL RECORD-·SEN:ATE ~62!i

where their relatives live, where, as I have stated, their fore­fathers lived three centuries before them, ~nd where they have friends. That is as far as they go. There is no disposition op. tl1e part of the 'Mexicans to settle in other portions of tbe Unlted States.

Jllr. FESS. Mr. President--The PRESIDING OFFICER. Does the Senator from New

Mexico yield to the Senator from phio? Mr. BUJ.=tSUM. I yield. i\lr. FESS. If the Senator will -yield to me, PlY concern j.n

considering this amendment is lest it start ii. movement of dis­crimination which might seriously disturb our relations with 'l\lexico .and Canada and the nations · of Central and South America, which are rapidly becoming progressive and develop­ing industrially. I feel -somewhat fearfql that our traditiona.l policy, which has been developing for many yea.rs, would be seriously disturbed by the adopti-on of· the ·amendment. I should like to vote for it in· on.e sense, but it seems to me that the price is too great to pay. What does the Senator say about that?

l\Ir. BURSU:M. I think the SenatOT is absolutely ri~ht. The PRESIDING OFFICER. The time of the Senator 'from

New ::Mexieo on the amendment has expired. l\1r. BURSUM. Tben, I will -speak on the bill. The •PRESIDING OFFICER. The Senator is recognized for

10 minutes on the bill. l\1r. BURSUl\'1. Mr. President, it will be abso1ute suieide

to take the , action now proposed. The United States is admit­tedly entitled to have a preponderance of influence in the Latin-American Republics. This country has stood up as •against the world to protect them, and, through that policy, maintained for a number of years in the organization of what is commonly ealled the Pan American Union, there has been built up a solidarity and a community of 'J)Urpose between all the Amer­ican Republics of the Western Hemisphere.

It is our .right, and we should obtain the benefits of the 1CGmmerd.al relations which may be built up ·With these coun­tries by that .sort of a friendly coopenttlve poliicy. To pass a law ·closing the doors on ,th()Se peoples will simply tnrn them away from us; it will create animosity in the place Qf friend­.ship; aia.d there is ev-ery ·reason t>U earth .why we should stand by our traditional .policy, and continue to be helpful.

.Mexi-co gave us in 1921 $200.000,000 1 in trade, more than -sille gave to all the balance -Of the w.orld; and I want to aay to .you that it is ·not without the range of PQBsibilities that · in tlle very near future, when Mexico becomes stabilized, we Jl).ay have a billion~dollar trade with her. There .is no other country , unl}er , the sun that has l\Ie:idco's natQ.ral, un,develqped wealth .of . .e-very kind and character, which is .awaiting the .stimulus , of American activ~ty. It woulrl be suicidal to Jilass a bill containiD,g an amendment of tAis kind, which would, in effect, 4rive those people away from .this country.

::Ur. FERNALD. l\ir. President, I shall detain the Senate but a very few minutes. I do uot intend to take .ai;iy .appre­ciable part of the 10 minutes allotted to me.

I have no :sentiment in this matter. I ibave no fear of any military troubles that may come to us from -either Canada or Mexico, whether we accept this .amendment or pot; but thls is .a .oold business propo~ition.

I come from a State bordering on the 1great D-0mlnion of

Canada, . .and we <}raw from tbat Dominion a . large number of men to help us gather our ~r.ops at certain sea~ons of the ,year.

The State of :Uaine has one-third of the spruce that i;9 g-r;.ow­iug on the soil of the United State.s that is manufactured into pulp .and is .again manufactured into. pa.per. It is· impossible to _gather those trees and transp@rt them ~o the mills witb~ut Cana­dian labor ; .and every fall and -every winter, from September :un­til April, we draw on the Dom.inion for the, best.labor -we have in t:lle forests of Maine. We .draw on them in the fall, during S~ptember and October, to JieJp us garner in tlle pote,toes fr.Q.lill the great county of .A.roostook. Tpey :are a ~endip people, .ancl it is necessai:y .thfJ.t we have the µiost friendly relatio.ns with them. .

I .am, opposed to any am~nqment or any iQ.ct of the Congress of the United' States , tJ;l.at WQUl.d in any way interfere with briuging . in tb.ose people. 'r.hey ,are a h.llSky, strong, robust, (lependable . lot of young . men. ~t oome to us every sea~ou. They come and work . through tb.e fall. rand winter, BAd then _go back to their ho1;11es; and I f.ear that thi.s wnenmneut mig;b.t interfere with tbat a.Illlu,ij.l .woven;ient.

This is a cold business pl'.Oposjtiou. It d.Qes .npt seem to ,m,e to ue nec~sary to "\v;ave t}le Aruerican . .fta.g . ..and.;dgpt .all the :w.ars from the Revolution down. There is . noth~g , Wlit~ry ab.QJ,Jt

this. ' It is ,slnwly a cl>ld p~oposJ.tion ~ to what we ~·ant .to do to carry pn our busin~ in tb.is co@trY~

It ls necessary that we enact .such legislation as will give u,s men. ·If there is any class of people on the face of God's eartll. to-day that it is necessary to provide for-aud that bas ,been repeated here by evf!cy .Senator on this floor-it is the farmer. '.It is necessary, .above all things, to give bim labor ; and . the best labor we get comes from the .Dominion of Cana<J:i.

I am, tnerefore, opposed to this amendment. lifr. KING. Mr. President, the tendered _amendment is of

•great importance. 'It seeks to place the Western Hemisphere under the quota provisions of the pending bill and to reverse a polic:y which has been pursued 'by the United 'States from 'tlle beginning 1n deali.J;lg with the nations .of this hemi.spllere. To apply •the provisions of the .pending bill to Canada would be, in my judgment,, impolitic, an'd highly disadvantageous from every standpoint to the American people. It would be an affront to our neighbors, 'vho have so much in common with us. It "Would disturb the business relations Which are so mutually advantageou.s to the A,merican people and to the Can:uli.ans. It would develop suspicions and resentments that would in~ erease in force as the year.s go by. W.e would suffer perhaps more ' than the Canadians by such a policy.

The reasons which have been urged against European lm­mlgration can not be urged against Canada. It has been urged that the great majority of the Europeans who have come to our -shores during the past· 20· years ha v~ not been homQgeneQus and a'l'e not easily ·assimilable. Man_y harsh statements dur­ing the discussion of this bill ha'Ve been made agai.Q.st ·those who have come from ·soutllern -and eastern Europe which I regard as wholly unwarranted and most inaccurate. Rut I shall not diseu~s that question. I merely advert to the rea~ons given for restricting immigration from ~Europe to call attention to the fact that those reasons, whether sound or unsound, do not apply to Canada.

The line separating Canada from the United Stat.es is a mere geographical one. Hundreds <Jf thcmsands of Americaus hnve found hemes in Canada and are contributing to the ~ev-elop­ment of·British America; ·and la:rge numbers of Canadians have 'found homes in the ·United ·states and many others ha-ve large. 'business interests within ~ur borders. The line does not sepn­rate the peoples of the two Governments. · They freely pa~s ba:ek and forth. To apply the ~uota provisions M this bill •and to establish all of the machinery ~sential t-o enforce the quota regulations against the Canadians weuld be harmful to the United :States -a.ml, -in my epinion, would not meet the approba­tion of the American people.

Certainly no one will -contend tllat the ideals of the American people are lo.wered by eur centacts with Canadians. It can n.,t be said that our standards of living a1-e ·affeeted or that tlle material interests of om ;country would snffer by continuing the liberal and wise policy with respect to immigrati-en whieh has prevailed between the two countries. Canada, next t'3 Great Britain, is the gr~atest consumer of Arnerioan products. Sb.e furnishes a ·growing market for .our ·surplus 'Products, and the trade and commerce :between the two C()Untri.es, in the ·veFy nature of things,.will greatly increase as the years ·go by. Any ~licy which would disturb th-e friendly relations -0>r impose additional obstacles to the freedom of trade 1and movement be­tween tbe peoples of the two countrjes would oecasion most seri()US <Consequences to the -ecoil0Ill:ic -interests .of the people <1f. our country.

May I address m:yself • brie:fl~ to the movement whieh place!:I the Latin-Amer.lean •Republics 'Ullder the quota provisions of. the pending measure? I can ru>t understand the .outburst of oppositwn. to the Republics south of us, whose interests we have professed to regard with sliK!h solicitude, and for wl"Wse :welfare fur a Jmnd:red years this :Republic has -evinoed .a m()St sincere re~~rd. Mr. -Pre~ident, we ·are in part responsible for the estJaijUs~t . of • theae RepWJlics. It W:as this Nation when youpg that.:gnve e~11ragement • to the .pooples of ·Central a.nd South A.inerica oo .assert · their independence ·.and to -set up go~rnme11.ts -0t thelr ·own .iehoosing. Our .RepubHe announced :t.be lfonroo d0ctrine, whie)J. WJlS a ·shield .ttnd p~otection against monar-chial ,ilHluences , of .the . Old W.(:)rld ~Hnd the efforts ()f qe.spotic rulers t-0 r.eta:J;n ,oontrol af er .to r.eco.uquer those who bad proclaimed their, ;.ndepen~ce. iand tl).eir e~andpationi t11')Jll Ute in.fLueooQS of Enrape. The United -states w.atcbed wi.tb the deepest soijf:!itude the birth .fUl,d .Q.evelopw.ent ~f ntlie . Latia :Jlepublics·.;l!po.n tb..is lleJl.ti~re. :we ;rejaice tn ·thei:r , J..)uogress and in the material development iWW.oh.the_s }la\\e ~.

At tj.Jnes 1r,here . ~~:ve been dist;urbances , awl ~pa:rror~s .from stable government: political and social disorders have unfertilil· nately manifested tb$nsel~s in .so.me .o.f . tuese , ne:r:~ii?s; ~t

6630 CONGRESSIONAL RECORD-SENATE APRIL 18

I think it can be truthfully stated that, considering the diffi· culties which our neighboring Republics to the south of us have had to encounter and the many obstacles that were interposed to progress, their development and successes have been ex­traordinary.

Mr. President, a review of the record of these Republics during the past hundred rears, I think, will show they are entitled to high praise, and we should be the fir~t to extend congratulations upon their fine achievements. We should do nothing to mar the friendly relations which exist between these Republics and the United States. Indeed it is tl~e part of wisdom for our Government to adopt every reasonable means to bring the peoples of the Western Hemisphere into closer rela,tions and to bind them together with bonds of genuine afl'ection. Such a course is dictated by the highest principle of justice. The immigration question is a difficult one to deal with. That has been demonstrated in the consider­ation of the pending bill. Provisions found in the bill before us, we are advised, have wounded the sensibilities of a friendly nation lying beyond the Pacific; and one or more European nations have signified their fear that the bill discriminated against them, or at least against their nationals. National pride exists among all nations. The existence of a proper national spirit is not to be condemned; indeed, it is to be commended. Even small nations should have national pride; and powerful nations should be as considerate in dealing with small nations as when dealing with powerful ones.

The United States in its immigration legislation has always regarded the Western Hemisphere as sui juris; ·it has not sought to bring it within the same class as other nations. The reasons for such a course are obvious. They are to be defended in morals as well as from purely political considera­tions. It would be most unwise and impolitic for the United States now to adopt a d'ifl'erent policy and place the nations of the Western Hemisphere upon the same Procrustean bed as that which we propose to furnish for other countries.

Mr. President, as I have stated, the United States ever since the Monroe doctrine was announced has assumed a sort of guardianship over the nations in Central and South America. Our attitude toward them has been different from our attitude toward other nations. As stated, we have professed a deep and abiding interest in their welfare. We have been ready to protect them from any European or Asiatic aggressions. We have denied the right of European nations to engage in military or naval operations against them. We have sought to Jmild up a Pan American Union and to establish such a com­munity of interesti;; as would bind together all states upon the Wes tern Hemisphere. All American Presidents from the time of Monroe have been interested in bringing into closer relationship these various nations.

A great impetus was given to this national policy when Mr. Blaine was Secretary of State; and from his time until the present, every President of this Republic-and so far as I now recall, every Secretary of State-has most earnestly sought to bring into closer union and fellowship all Republics of the New World. To adopt the amendment offered by the Senator from Ohio [Mr. WrLI.rs] or the amendment offered by the Senator from Georgia [Mr. HARRIS] would be at variance with our policies of a hundred years and would justify a feel­ing of resentment upon the part of . those countries which would fall within the terms of these amendments. Mr. Presi­dent, from a moral and ethical point of view the adoption of these amendments--or either of them-would be improper. rr'hose who are speaking about the spiritual union of the peoples of the earth and of the coming day when peace shall abound signify their disbelief in their contentions ·when they advocate the adoption of these amendments.

What is there in the .present situation that calls for these drastic provisions? There is scarcely any immigration from these Republics to the United States; a few thousand annually. Nor is there any indication that in the future there will be greater immigration from these countries to the United States. With the great resources which Oentral and South America as well as Mexico possess, with their mlllions of acres of un­occupied lands, there' need be no apprehension of any invasion of our shores by the peoples of these Republics. Indeed, Mr. President, during the next 50 years I predict there will be not thousands alone but hundreds of thousands of American citi­zens who will migrate to some of these Republics and establish their homes there and make contribution to the growth and development of their new homes.

The PRESIDING OFFIOER. The Senator's time has ex­pired

Mr. KING. I will speak now on the bill.

The PRESIDING OFFICER. The Senator is recognized for 10 minutes on the bill.

Mr. KING. Mr. President, I repeat that the relationt11 exist­ing between these Republics and the United States call for a difl'erent immigration policy than that applied to other coun-tries. ·

Considering the question solely from a business standpoint, I believe it to be most unwise to apply the terms of this bill to our neighbors upon the north or upon the sol}th. It is impor­tant for the prosperity of the people of the United States that _they develop larger markets upon the Western Hemisphere. I have sometimes felt that we have neglected the South and Cen­tral American Republics, and have not compe~d as we might have done with European nations for trade there to be founcl. Before the war Germany, Great Britain, France, and other European nations had an almost unchallenged field in the coun­tries which I have just referred to.

During the war our opportunities for increasing our trade and commerce with the Latin Republics were multiplied. As I am advised, we have made considerable progress in developing markets and our trade is increasing, but there is still oppor­tunity to increase our exports to South and Central America. European nations have appreciated the inroads made by the United States, and they are wtth great zeal trying to reconquer markets which they have lost and to secure further markets for their products.

The Senator from Pennsylvania has just stated that naturally the people of South America turned their attention to Madrid and ·to Paris. He referred, of course, to the fact that race ties were strong, and there was an inclination upon the part of our Latin-American neighbors to look sympathetically in the direc­tion of the Latin nations of Europe. Conceding that natural trait, ~t is nevertheless true that tllese peoples will trade where they can secure the best results; and if our country can supply their wants and can offer them favorable conditions, undoubt­edly the commerce between the United States and those coun­tries will materially increase in the future. The field is open for the Americans to enter ; and it would be foolish to adopt a policy which would dam the stream or divert it into other channels.

And, Mr. President, conditions in Europe may not be as favor­able in the future as in the past for the absorption of our surplus products. Great Britain and Germany before the war took hundreds of millions of our surplus products, not only manufactured products but agricultural products. The disaster which has overtaken the American agriculturalist has resulted largely from diminishing European market's. The unwise tariff legislati-0n which we have enacted has reacted to the disadvan­tage of the American farmer and will work most serious injury to the American people. Our unwise fiscal policy, followed by inflation, our artificial price level, maintained by unjust tariffs, together with other fact-Ors which ! ·have not time to enumerate, have produced a situation which must inevitably result in diminishing our foreign trade and commerce.

High prices and high wages do not alwa:rs mean prosperity. tf high prices and high wages result from artificial stimulation, then disaster is portended. It' will soon become manifest that we can not compete in most manufactured products with Eu­ropean countries, and we will not find in those countries markets for billions of manufactured product's which in the past we have there found. It is vital that we find markets for our surplus products. If an artificial basis of production is main­tained in the United States, it is manifest that our chances for competition in the markets of the world will grow less.

If we can increase our trade with the countries to the south of us, it will be of the utmost importance to the American people. We should keep in mind that these Republics with their limitless resources will be a field of increasing trade and com­merce. We should join by invisible bonds of good will and amity, as well as bonds of material interest, the peoples of those southern Republics with the people of the United States. We should encourage them to trade with us, and American busi­ness men should avail themselves of every possible opportunity to extend their operations int-0 these countries.

Speaking of conditions in Europe, I am reminded of an in­terview I had with Mr. Trotski when I was in Moscow. He stated that our policies would soon drive us out of Europe, and that the United States, if it persisted in its present poli­cies, would ultimately find the markets of the world satisfied with the products of other countries than the United . States. He referred to the high price levels in the United States, the high wages, the hothouse . conditions which prevail in our business activities, and argued that the United States would soon be unable to compete with European nations and must

. 1924 CONGRESSIONAL RECORD-SEN ATE . 663l therefore be shut out from their market. He referred to the remarkable development in agriculture in Germany and in Russia, as well · as Poland and the Balkan States, and pre­dicted that within a comparatively short time Europe would not be purchasing agricultural and livestock products from the United States. His prediction was that business in the United States would within the next two or three years encounter seyere reverses, and financial trouble of a most serious nature would overtake us.

Undoubtedly, Russia and other European States will witness a remarkable agricultural development in the near future. Russia will be able to annually export .hundreds of millions of bushes of cereals and will also supply European countries with a variety of raw materials.

Mr. President, I am alluding to these things only for the pur­pose of emphasizing how important it is for the prosperity of our own country that we maintain the most cordial relations with Canada and with our southern neighbors. We want their o-ood will · we desire to trade with them ; we can not afford to :dopt any course that will disturb the relations now existing or place any cloud in the sky that might constitute a menace to the peace and fellowship so imperative to our happiness and prosperity.

l\Ir. President, addressing myself briefly to the immigration from Mexico: I stated a few moments ago, during the speech of the Senator from Pennsylvania that most of the Mexicans who crossed the border returned to their own country. That, Mr. President, was particularly true of the years prior to 1922 and 1923. The Mexican people entertain the strongest attachment for their own country; they exhibit an affection for Mexico that is most remarkable. They have that spirit of devotion to their country that leads them to give their lives without murmur in what they regard to be its defense. Senators must remember that a considerable portion of our country formerly belonged to Mexico. After the separation many Mexicans crossed the line into the United States, ap­parently oblivious to the fact that it was American territory. Americans living upon the border passed· into Mexico. l\Iany of them have large property interests in Mexico. I might add in passing that Americans own property in Mexico of the value of hundreds of millions of dollars, and many Mexicans are employed upon the ranches and in the mines and smelters owned by Americans and situated in Mexico. During the past few years Mexicans have come into the United States to engage in what are know as seasonal occupations. They remain for a few months and then return to Mexico.

There have been no considerable accretions to our popula­tion from Mexico. A few only have come as far north as Chicago. Most of them who have crossed the line have sought employment in the States bordering upon Mexico or not far remote. They have not displaced .American workers. In most instances tliey have performed work that the average American workman declined to perform. They are no menace to our industrial life or to our standards of living.

Mexico, with its imperial domain, its great resources, and its sparse population, will not under any circumstances send more than a few thousand into the United States, and judging the fu­ture by the past it is certain that substantially all who come will return to their own c.-ountry. The large migration during last year resulted from the revolutionary conditions in Mexico. When peace and order are restored thousands of Mexicans re­siding temporarily in Texas, New Mexico, Arizona, and Cali­fornia will return to their homes.

Mr. President, I submit that if American workingmen only were interested in the proposition now under consideration their interest would best ·be subserved by defeating the amendments now before us. Mexico, Central and South America, if we pur­sue a wise and proper course, will furnish markets for American products of the value of hundreds of millions of dol­lars annually. As stated, our trade with these countries is in­creasing, and as the trade increases it means greater production by our factories and mills and plants in order to supply the demands from these countries. To satisfy these demands addi­tional labor will be required, and that will call for the employ­ment of more .American workmen, and with the _increased pro­duction of mills and factories and plants the greater will be the demand for farm products, and thus the farmers will be benefited.

l\lr. President, much could be said upon this subject, but under tl1e time limit I shall forbear.

Mr. WILLIS. Mr. President, I have not spoken on the amend­ment offered by the Senator from Georgia, and I wish to say just a word on that amendment. The argument just made by the Senator from Utah [Mr. KING] and the argument previ..; ously made by the Senator from New Mexico [Mr. BURSUM]

seem to me to be most strange doctrines to hear advocated in this Chamber. Stripped of all their verbiage, the arguments amount simply to this, that because we want to extend trade, because we want to sell products, because we want to make money, therefore the question of the kind of people we shall have in this country and the kind of a Nation we shall be amounts to but little.

Mr. President, all I want to say upon that point is this, that I am a great deal more concerned about the kind of people we are going to be in this country fifty or a hundred years hence than I am about developing trade in some particular direction or selling our manufactured products to Mexico.

Mr. REED of Pennsylvania. Will the Senator yield for a question?

Mr. WILLIS. I yield. l\lr. REED of Pennsylvania. In applying the Senator's

amendment to Central and South America, it does not make any difference in the total number of aliens who come, because the minimum quotas allowed those countries would more than include all of the immigrants we get. Does not the Senator think, then, that it would be wiser and more according to the fraternal spirit of the Pan .American Union to exempt them from the trouble of going through all this business about getting vis~ certificates?

Mr. WILLIS. Mr. President, I had thought, of course, of the suggestion now made by the able Senator from Pennsyl­vania. The difficulty about that, it seems to me, is the diffi­culty that resides in this whole section. I think we ought to treat nations alike, and if we shall say to South America, "The quota law shall not apply to you," we will have made an invidious discrimination about which other nations might have a right to complain. I think all nations should be treated the same.

Of course, I recognize the fact that the minimum quota we provide, namely, a hundred, will take care of the South American and the Central American countries, and there wlll be ·no dif­ficulty; and that is not the purpose at which this amendment is aimed. The purpose at which we are driving is to shut off the coming in of cheap labor from Mexico, and if it shall be said that that is going to interfere with trade I have only to say that I am more concerned about the character of our Nation than I am about getting a supply of cheap labor.

Mr. BURSUM. l\1r. President-­Mr. WILLIS. I yield to my friend. Mr. BURSUM. The Senator from Ohio has stated that his

chief -purpose is to measure and gauge the character of the peo­ple wbo come into this country. I desire to call tbe attention of the Senator from Ohio to the fact that of the descendants of these very people, so-called Mexicans, we have many in the South\.vest, and they are pretty good citizens. In 1861 they followed Mr. Lincoln alongside of the volunteers from Ohio. They followed Teddy Roosevelt in 1898, and they furnished their full quota in the World War. They have always been good, loyal, law-abiding, God-fearing citizens, and they are the same race of which the Senator complains.

Mr. WILLIS. Mr. President, it is exactly those people whom the Senator has described that I am trying to protect, those men who, coming from Mexico at an early date, have been in this country and helped to make it. I am protesting against the policy which the Senator advocates, of bringing in a totally different and lower type of . people to take the places of those men. I am making no attack on the old type of Mexicans who have become good American citizens. I am seeking to defend the folks he is talking about, and he is seeking, under the guise of getting trade with Mexico and making more money and selling more products to somebody, to bring into this country cheaper labor, to bring down the labor market. That is all there is of it.

Mr. n URS Ul\l. Mr. President-­Mr. WILLIS. I yield for a question. Mr. BURSUM. The Senator from Ohio founded his argu­

ment a moment ago upon the basis of character, and said he was chiefly concerned about the kind of people who came in.

l\Ir. WILLIS. And I still insist upon that very point. I venture to say the people about whom the Senator is talking, who were in his State and helped to make it, are of a totally di:f'l'erent character from those who are now permitted to come from Mexico. They are of a totally different character from the laborers who are now coming in and finding their way all over this country.

On that point let me say another word. This idea that has been advanced by different Senators, that these laborers come iri and go right back out of the country can not be well founded. If lt were true that this was simply seasonal labor, how would Senators account for the fact that in every great industrial

6632 OON..GRESSION AL RECORD-SEN.ATE APRIL 18

<?enter in itbis -country there is being built •up a :Mexican colony. and .Mexican immigrants ·are being sought for because they cnn do the work, and do .it cheaper becanire ,they have a lower stantlard of living? Wben you get this thing down to 'its fundamentals, ·that is all this propQSition amount.a to.

As I said in my remal.'ks a few minutes ago, it seems ito me Ulat it is almost fruitless to undertake to .restrict immigration and then 1leave the back door open so thati:hose of eomparattvely lmver standards of living and .wages can come in, ·not only ft'Om l\Iexico but indirectly through Mexico from all the coun­tries in the world.

Mr. FLETCHER. Mr. President, I can not see my way elear to favor either the amendment offered by the Senator .from Ohio [l\Ir. WlLLrs] or the amendment offered by the Senator from Georgia [1\1r. HARRIS]. The latter .is especially objec­tiona.ble. If we ··vote .down the amendment ottered by the Sena­tor from 1Georgia, as I hope we will, then. I .shall offer as an amendment to the amendment :proposed by the Senator from Ohio something after the following order: Strike out, on lines 3 and 4, page 2, the iwords "in foreign .contiguous territory" and insert ·the words-in the Dominion of Canada, Newfoundland, the Republic of Mexico, Cuba, or Haiti, the Domintcan Republic, the countries of Central or South America, or the colonies or dep~ndencies of European countries ln Central America ·ond South America, and the West Indies, or <>ther islands adjacent to the American Continent.

If we are to admit seasonal labor at all, it should include all these countJ.·ies named in the bill and not be confined to Mexico.

l\Ir. WILLIS. If it is proper to do so, l will accept the Sena­tor's amendment

1Ur. WAI,SH of Massachusetts. Will the Senator state the effect of his amendment?

Mr. FLETCHER. The effect of the amendment would be to treat all Central .American and South American countries, Cuba, the West Indies, Haiti, and Santo Domingo on the same basis as we treat Mexico with reference to this seasonal labor.

l\Ir. WILLIS. Will the Senator yield? Mr. FLETCHER. I yield. Mr. WILLIS. Let me say to the Senator, if there is objec­

tion as to the number fixed in the amendment, I shall have no objection to whatever increase may be desired within reason. I fixed it at 5,000. From the information l had, that seemed to be reasonable. If that is not sufficiently great, I would accept an amendment:.

Mr. FLETCHER. If that amendment should be agreed to, I think it would greatly imPTove the amendment offered by the Senator from Ohio. But I am not at liberty to offer it now, the amendment offered by the Senator from Georgia being pending. I sincerely trust that amendment to the amendment will be voted down. .As the Senator from Utah .has so well said, we have been pursuing a policy with reference to our Latin-American friends, some 18 or 20 Republics composing wbat we know as the Pan American .Union, which is wholly i11consistent with the idea of ~Uminating them and treating them upon a basis such as would be fixed by the adoption of this amendment.

'Ve announced years ago our purpose to cultivate the kind­liest and friendliest relations with all these Latin-American countries, and that has been our policy e~er since.

I remember a world message delivered by President Wilson nt the Southern Comme1·cial Congress ,in l\f,obile, in 1913, in which he assured the peoples of these countries and of the world that it was no purpose, desire, or intention of the United States to a.cg,uire one additional foot of territory in this Western Hemisphere, and .that our hope and intention was that most cordial relations shoµld continue with all Latin-American countries.

'l'he Senator from Ohio .seems to .minimize to some ex.tent this idea of trade and co.mmel'ce. T.rade and commerce means peace. Trade and commerce with t~ countries is an im­portant matter for us to consider. We •Want to cultivate it. Prjor to 1914 they were unable ,to reach us directly with their products, uecanse none of tho~ countries llad any merchant marine of their own. Tbey had no ships. Prior to rtba.t time the United States had .no merchant ships, practically, of any consequence moving to the ,po.rts down there . .Both the United States and South Ameriea and Central America were d~­pendent upon foreign ships t;o move the ·products we needed from those countries, such as co:f:Iee and nitrate, and sugar from Cuba. .for instance .. ,we were dependent upon ,foreign vessels. The product.a of tho.se countries moving to us , came by way of Europe and foreign ships. We were 1lnB.ble to trade with them then JlS we are in . a position to do tQ-day. Subse­.quen tly oonditions changed, $0 that now we have .the ships 1b1.

which we are able to send them ·the thi~crs that we ·have to sell :and to bring· back to us ·the things they haYe to sell to us-hides from Argentina, cotree from Brazil, nitcate f-rom Chile, and other products of that -sort.

As a 1·esult of the world upheaval 1from 1914 to 1.1.918 the conditions have so changed 1that we can to-day obtain directly the ·trade which belongs to the •United States, and which_ those countries are pe11fectly willing that we should ha:Ye, and to sell to them the things which they need and which they de­sire and which we are able to sell:t:o them at prices lower than foreign competitors could offer. But prior to 1914 we could not -deliver, because we. were ·dependent upon our competitors t:o carry those products, and they could raise the rates to such an extent as to shut out American trade ·in South America.

That :was repeatedly done. .A.s to steel rans, manufactured products of various kinds, cement, and other products which those countries were anxious to have from us, we were unable to market them there because foreign vessels raised the rates to such an extent as to be practically prohibitive, and our competi­tors got the busine.ss.

But the conditions have changed. They are our friends nnd we are their friends. We desire their good will and theil' buslness, their trade, and their commerce. We are in position now, by reason of our having merchant ships of our own, to obtai.11 and control the trade which formerly went to the Euro­pean countl!ies. So I feel that it would be a mistake, a serious mistake, to adopt the ,amendment offered by the Senator from Georgia. Wllen the vote .has been taken upon •that amendment I ..shall then offer an amendment !to the amendment which has been proposed by the Senator from Ohio.

:Mr. FESS. Mr. President, I think the junior Senator from Utah [Mr. KING] gave us the guide in our proper treatment o! this particufar proposed amendment. I SYD)pathize w.ith what my colleague wishes to establish. We all want the highest pos­sible ch.aracrer of American citizenship. I sympathize also with his effort to prevent unnecessary competition with our own labor. I do not think, however, that either of those elements is playing seriously in our relationship with the Republic south of .us, and especially it is not with the Province north.

I think we must accord a different treatment, a different code. of -treatment, to South and Central .American countries and Canada from what we accord to Europe. Juxtaposition, geo­graphically speaking, makes them diffet;ent. The difficulty in enforcing any law th.at we might enact very seriously would make a change. l\ly opinion is that having built up a body of good feeling, existing for nearly 100 years, we should ·dO nothing to -destroy ·it. Ever since the announcement of .the ·famous Monroe doctrine, when we ·took the position of the big brother, we ·have had difficulty all along the line to induce those people to realize that all of our efforts were for their 'benefit and a protection against intrusion from .countries across the sea ratller thnn a selfish purpose. We have never regarded ·them as our wards, but as peoples of pa11:icular attention that we owe to them to prevent interference by foreign governments with any tOf ·the governments on the American .continent.

I do not believe that we ean ·lightly :regard the value ,of this friendship. I especially think that is time, because by reason of our efforts to protect those people, continuously there will be from different countries inquiries as to whether we had a motive. of unaelflsh regard for them. W.hen we announced away back in 1823 rour policy towar.d those .southern countri~s. it was or.iginaUy questlon€d as to .whether ·we had our own interests in mind. Ever since that time we hav.e had a suacession of events by which ..America has reaffirmed this protective :relationship.

Every time we have reaffirmed it we have ·had to dispel more or less suspicion arising fr-0m the country protected. It was so with the rPanama mission of 1826, ·three years after the an.­nouneement nf the Monroe doctrine. It was again true in the treaty of New Grenade. of 1846. .It was especially tnue with ' the Clayton-Bulwer tre.aty of 1850. It was true in all of the successive steps by which we .reached the position wllere we could .freely exercise the authority to aonstruct the Panama Canal. .

But after that we developed a better feeling between us and those countries, having proved by our conduct our 1unselfish i attitude; and .inihe administration of Grover Cleveland, in 1887, when tbe .dispute arose over Venezuela, the true purpose on i:he part of America, not for our own benefit but to protect those countries against intrusion from foreign <mun.tries, was, I am sure, developed as never before.

rihen when -it was ·repeated in 1893, under Grover Cleveland's second , adminisb~ation, our . purpose was better understood. This good feeling ·,was 1increased in 1902 under Rooseveit?s ad­ministration. It took on new interest back in 1881 in the .eff or:t to ext.end the .P.an .American Congress under ' Garfield's admln-

1924 CONGRESSIONAL RECORD-SENATE 6633 istration, led by the statesman from Maine, James G. Blaine. shall still hope that the Senate may take a second thought and Again it was reaffirmed in 1889 under Harrison's adminlstra- exclude from th~ operation of the amendments our two neighbors tion by the same brilliant diplomat. So that for 100 years and living upon contiguous territory, and with whom we have a more we have been making an effort to build up a body of common boundary. I submit that there is no necessity for the public feeling or national conviction of our duty toward those adoption of either one of these amendments, and I hope they countries and by maintaining the proper policy to insure the may fail. best possible good feeling on the American Continent. Mr. TRAMl\IELL. Mr. President, I merely wish to say a

This is the first time, it seems to me, that there is suggested word or two. As the Senator from New Mexico has stated, of a proposal of legislation that will make it very difficult for us course this amendment would include our neighbors on the north to prove to those countries that we have had their interests in and on the southwest, and the second amendment would also mind rather than our own. I see no danger in continuing the include Cuba, which is our neighbor on the south. There is now policy as it now is. I think I see unnecessary danger by in- a comparatively small amount of immigration to the United serting the proposed amendment. In the interest of the best States from Cuba. Lying immediately to the south of Florida possible feeling, in the interest of the development of a great and being only 90 miles, or 6 hours' ride on a boat, from Key trade that is rapidly growing, and in the interest of preserving West across to Cuba, yet now there is no trouble arising from a relationship that exists and will continue to exist if we do immigrants from Cuba. The number is comparatively limited not pass offensive legislation, I believe that our duty to-day, as at present. This amendment would seek to preclude theni from never before, is for the "big brother" to show that not only coming into the United States. They come more particularly are we ready to protect these countries on the Western Hemi- to Key West and Tampa, Fla., and there engage in work in the sphere but that we are not going to do anything selfish that will cigar factories of those cities, respectively. unnecessarily offend them. The clear Havana cigar factories in these two cities work

In closing I simply want to say that while I sympathize with many thousand men. Tampa is the largest clear Havana cigar­the desire to reach what my colleague would like to have, I manufacturing city in the United States. Without being able can not go with him on this new departure here on the Western to secure in sufficient numbers the skilled and trained Cuban Continent, and I shall vote against both the amendments. cigar makers these Florida cities would be greatly hurt.

Mr. REED of Pennsylvania. l\lr. President, we have been I have always been a friend of .American labor and of· the asked a good many times this afternoon what the intention is American laboring man; and my record, now covering a period as to passing the bill to-day. It has been our hope that the of probably twenty-odd years in the public service, will sustnin Senate would remain in session until we finally dispose of the this statement ; but there is no question as to the Cuban rigar measure this afternoon or this evening. makers which involves .American labor. The Cuban cigar

Mr. · JONES of New Mexico. l\Ir. President, I hope that the makers are skilled in that particular line of work; they have · amendment may not be adopted. I realize that there may be followed it from their childhood, and but very few Americans·

some Senators here who do not appreciate the significance of in our Florida cities which are cigar-manufacturing cities follow the proposed amendment. The amendment of the Senator from the cigar-making trade ; yet the adoption of the amendment pro­Georgia [~Ir. HARRIS] · and of . the Senator from Ohio [l\lr. posed by the Senator from Georgia [Mr. HARRIS], when there WILLIS] as well would practically prohibit any immigration is no occasion for any alarm, would prevent the coming of those from any country on the Western Hemisphere. I hope that men into this country. I fear it would work great detriment there may be sober second thought as to the meaning of that to our cigar industry in Florida. proposition. I do not believe there is a Senator here who lives There has been much talk here about people coming in from in a border State either to the north or to the south who favors Mexico and from Cuba and all that, but they would do so if either one of the propositions. I believe we know conditions we should have absolutely prohibitory provisions against immi­existing there better than the others who live in the interior. gration into this country. There is nothing in that argument;

So far as the Government of Mexico is concerned, the people it is begging the question. We have prohibitory laws against cross and recross that common boundary without any inter- liquors being brought in here, but I should like to know ference under existing laws. We live as neighbors to each whether the Senator from Georgia or any of those who are other. We do not draw any line of distinction as to associa- trying to secure the adoption of this amendment would say that tion. The people of the United States have their investment a little liquor does not come in occasionally. So occasionally in Mexico. Mexicans come to the United States for temporary there is liable to. be a smuggling in of immigrants through business purposes. Quite a considerable number have come Mexico, through Cuba, or through any other country; but so into the United States by reason of the revolution which has far as the question of such smuggling and the illegal entry into been going on in Mexico. But I say to you that the popula- this country are concerned, there would be some of that, of tion, the civilization, and the high ideais to which we all look course, if we should have total exclusion, for immigrants are not interfered with by our present relations with the would then be more zealous to get in in that way because 11one Government of Mexico. Where is the Senator who will rise of them coµld come in under the quota system. · and say that this country is being contaminated by associa- We started out dealing with the question of immigration on tion with our neighbor to the north? That being so, I ask account of the fear of a great influx of undesirable Buro­why there should be . this hysteria developed regarding our pean immigration into this country following the World War; other neighbors? What is there in the equation that calls for and I have been one of those who have stood for limiting and this most drastic legislation? restricting to the minimum the immigration from European

I submit that the question demands a sober second thought. countries which would likely flood our country following that I arn one of tl!.ose who believe in preserving the integrity of Great War. our institutions and the purity of our citizenship. I believe I supported a proposition to restrict the numl5er to the 1 in that, but it is not being contaminated either by our neighbor per cent quota on the 1890 census; I even supported a on the north or our neighbor upon the south. Why disturb proposition for total exclusion for a period of three years our relations? Just think for a moment, as has been sug- when we previously had the question before us, but I see no gested by the Senator from Pennsylvania [Mr. REED], of the necessity now when dealing with the greater probl~m. the big vast difficulty which will arise in connection with the enforce- problem, one that needs some remedy, to become alarmed and ment of the exclusion of those people. If we enact this legis- to go into hysteria about the question of 4,000 or 5,000 immi­lation, may we not in the near future find that those people grants coming in from South American countries and a few are willing to assert their sense of pride and retaliate against from Cuba. us? There is no necessity for this proposed amendment. There

The Senator says that the question of business has nothing is no demand for and there is no Americ.an sentiment- of any to do with it. I submit to the Senator that it should have consequence favorable to the idea of absolutely changing our something to do with it, at least until the time comes when the law and our friendly relations with our neighbors in nearby danger shall appear. It does not appear now, and I .appeal to countries. I hope the amendment will be defeated. With its Senators not to do this very drastic thing until there shall be defeat we will then have a measure which i:h substance is some definite, certain, and known menace to the people of this the Johnson bill, which passed the House. This bill fixes country. Upon a mere suspicion, upon a mere general idea the quota at 2 per cent on the 1800 census. that we want to preserve our · citizenship, why should we do l\fr. HALE. Mr. President, the Senator from New Mexico this drastic thing until we know or have good reason to believe [l\:lr. JONES] spoke about our neighborly relations witb the that we are being threatened from these countries? I say to Mexicans. If such relations exist in regard to Mexico it is Senators that there is no menace, and not a Senator from any certfilnly more true that they exist in regard to Canada. The border State has risen in the Chamber to appeal for the adoption [ State of l\Iaine is situated in the extreme northeastern part of of either one of these amendments. I sincerely hope that both this country. Many of those living across the Canadian line amendments may be voted down; but if they should not be I are people who went across from this country dudng the Ilevo-

6634 CONGRESSIONAL RECORD-SEN ATE APRIL 18

lu ionary W:ir. A great many Tories who then lived in Maine aml in Mrrssa.chusetts, went across the line into New Bruns­wick. Those are the people who settled that country and who aro now there. They are a good deal the same sort of people tbat we have in Maine.

'l'hey come into l\Iaine for lumbering and for farming and i1otato raising and work in the sardine factories. They per­form just nbout the character of work that our people perform. W11en we have a shortage of labor, as we very often do. have, we depend on these people to come into l\iaine and help us out. When they get through they return to Canada. That may not lJe true, as the Senator from OWo [Mr. WILLIS} has stated of the Mexicans, but it is certainly true or the Canadians. These people do not come into competition with labor in other parts of the country; the work which they do is work which people have to be specially trained to do. If we can not get labor from them, we can not get the labor ·at all, and we simply have to curtail our operations.

I ,~ery much hope that these amendments will not be adopted· and I hope that nothing will be done to cut us off from thIS Yery necessary supply of Canadian labor.

The PRESIDING OFFICER. The question is on 'the amend­ment ptopose<l by the Senator from Georgia [1\Ir. HABRIS] to the amendment of the Senator from Ohio [l\Ir. WILLIS].

The umendment to the amendment was rejecte~. The PRESIDING OFFICER. The question now is on the

amendment proposed by the Senator from Ohio. l\Ir. WILLIS. l ask tor the yeas .and: nays on the amend­

ment. ·Mr. FLETCHER. I offer an amendment to the ·amendment

of the Senator from Ohio. I do not wfsh to discuss my amend­ment to the amendment, but l am going to o1fer it. In ~ihes 3 and 4, page 2, of tl;i.e amendment of the Senator from Ohio, I move to strike out the words 01 foreign contiguous territory" and to insert the words which are :found in lines 1() to 15, on page 5 of the blll. ·

The PRESIDING OFFICER. The Senatoi· from Florida offers an amendment to the amendment! of the Senator from Ohio, which will be stated.

The READING CLERK. On page 2, in lines 3 b.nd 4 of the atnendment, it is proposed to strike out the words u forelro contiguous territory " and Insert the words ~ "' the Dominion of Canad.a, New1oundland~ the Republic ot Me~co, Cuba, or Haiti, the Dominican Republic, the countries of Central or South America, or the coloni.e,s or de-pendcncies of European countries in Central America or South America, or the West Indies or other

• islands. adjacent to the American continents.

l\fr. WILLIS. As I understand the purpose <Yf the Senator's amendment to my amendment, it is to provide that seaS0111al labor may come in from any ot the countries which are named in the bill?

Mr. FLETCHER. Yes. l\Ir. WILLIS. I accept the Senator's amendment to my

amendment. Mr. FLETCHER. I wish to move another amendment to the

amendment of the Senator from Ohio. On page 2, line 7, I mo,·e to strike out the word .. five,. and to insert " twenty," making the latter number the limit from all of these countries at nny one time.

:Mr. WILLIS. I accept the amendment. The PRESIDING OFFICER. The Senator :from Ohio ac­

cepts the amendment proposed by the Senator from Florida to his amendment. Now the question is on the amendment of the Senator from Ohio as modified. On that the yeas and nays a re requested.

The yeas and nays were ordered. and the- reading clerk pro­ceeded to call the roll.

J.'Ur. BROUSSARD (when llis name was ca1iled). !laking tbe same announcement as I heretofore made as to my pair and it· transfer, I vote "nay."

1\lr. SIMMONS (when his name was called). I have a gen­eral pair with the jnnior Senator frum Oklahoma [Mr. HAR­RFJ.n], who is absent. I transfer that pair tot the junior Sena­to:i· from New Yo:rk [Mr. COPELAND], and will vote. I vote "nay." ·

The . roll call was concluded. ~Ir. ERNST. Making the same 8.l!lllo11ncement o:t my pair as

before, I vote .. nay." Mr. HAilIUSON. Has the senior Senatol" from West Vir­

ginia [:rt.r.r. ELKINS} votecl ?< The J?REs.IDING OFFICER. That Senator has not voted. Mt•. HARRISON. I have a pai:r with the senie>r Senator

from Wffit Virginia, an~ withhold my vote.

~Ir. CURTIS. I desire to announce that the Senator from Illmois [:M:r. M:cCoRYICK] has a general pair wlth the Senator from Oklahoma [1\Ir. OWEN].

The result was announced-yeas 12, nays 60, as follows :

Dial Harris Heflin

A(fams B!l'.11 Bayard Brondegee Brookhart Broussard Bruce Bursmn Cameron Capper Caraway Colt Curtis Dale Dill

Mayfield Neely Sheppard

Jilrnst Fern aw Ferris Ff>SS Fletcher Frazier ' Gerry Gooding Hale

YEAS-12 Shields Smith Underwood

NAYS-GO King Lodge Mc-Kellar McKinley McLean

. McNary Norris -Oddie Overman

II1JWell Johnson, Mtnn. Jones, N Mex. Jones, Wash. Kendrick Keyes

PeJJper Phipps Pittman Ralston Reed, Pa. Rohinson

NOT VOTING-24 .Ashurst Edwards Harrison Borah Elkins Johnson, Calif. Copeland OeOl'ge Ladd Couzens Glass La Follette Cummins G.reene Lenroot Edge Harreld McCormick

l\Ir. Wrr..Lis's amendment was rejected.

Watson Wheeler Willis

ShipstE>nd Shortridge Simmons Smoot Spencer Htanficld Stephens SterllDg Swaown Trammell WadSW<,)r\\h Walsh, Mas..<l. Walsh, Mont.. Warren Weller

Mose11 Norbeck Owen Raniidell Reed. Mo. Stanley

Mr. STERLING. l\lr. President, I offer an amendment which I send to the desk.

The PRESIDING OFFICER The amendment will be stated. The READING CLERK. On page 12, at the end of line 22· it is

proposed to insert the following proviso : ' Provided, howe-ver, That it shall be the duty of the Commissioner

General of Immigration to asceTtain the different racial gro1:1ps consti· tuting the people of any nation entitled to its quota of immigrants under this net, and the approximate number of peop1e 1n each ef said groups and when it shall appear that the peop1e ot any nation &re composed of commonly reeognized and well-defined distinct racial groups such quota shall then be apportioned to the several rada.l groups in the rati<> that tile numboo in. eaeh such group bears to the entire population of such • na.tlon. That immigrants belonging t<> any racial grou1> shall not be admitted in excess of the nu.mlier so ap­po:rtioned, nor shall the numhe1· ot immigrants :from any such natfon or country exceed the aggregate of th08e apportt.oned to the several racial group!t. The commbsioner general shall, with · the approval of the Secretary ot Labor, prescribe all necessary, rut.cs and relfllla .. tlons for carrying tbese provisions into effect.

l\ir. STERLING. l\Ir. President, just a word or two in re• gard to this amendment, although I think the amendment ex­plains itself.

The object of the amendment, in a word, is to apportion the quota to which any nation will be entitled under the law among the commonly recognized, well defined, and distinct racial groups in the particular nation which is entitled to the quota. It does not discriminate against any nation. It does not dis­criminate against any 1·acial group in any nation. The ·object is simply to, allow each racial group within the confines of any: nation to have its true and just apportionment in the quota: aseigned to tlie nation.

By way of illustration, I might give an example of what present conditions a:i;e- and what they permit.

The quota for Poland for 1921 and 1922 was 25,800, yet uur­ing July and August of that year 2,.088 Poles came to America and 8,471 Jews, or four Jews for every Pole. The quota fot' Poland was exhausted in December, 19-21~ and the Poles, it is said, were mouming bitterly ·because the.y had not been given a square deal, nor had they. for the population of Poland is something like 17,000,000 Poles and 3,000,000 Jews.

This illustrates, 1\lr. President, the reason anu the justice of applying this principle of apportionment of the quota among tlle. well-defi-ned and well-recogn.ized l'~cial groups.

Take. anotb.er illustration.: Rumania's admissable quota for 19~1 was 7~414. Du.ring July and August of 1921, the first two months of the fiscal year, there were 2,014 persons admitted for that country. Of this number, 137 '"ere Magyars, 226 were Germans, 271 were Rumanians, 1,411 were Jews, :mu !JU were from scattered nationalities in Uumania. The Jews in Ru­mania are in the mino1·ity.

Russ.lia. is another example, Mr. President, where, as I mHler~ stand, there are 51 Slavs to, l Jew.

It is to permit the other racial gi·oups in the several nations to. have theLr just and fa1r apportionment of the quota among them that tbis amendmen i is submitted.

1924 '00~11RESSION AJJ RECORD-SEN ATE '6635 I have conferred with the Senator who has charge of thls

bill, and I understand that he has no objection to the amend· ment. I believe it ought to appeal to the reason of every S€rna· tor here as being juf;t and reasonable. ·

Mr. REED of Pennsylvania. Mr. President, will the Senator yield to me? .

Mr. STERLING. I yield to the Senator. Mr. REED of Pennsylvania. I should hardly like to say that

l have no objection to the amendment. I shall be glad if the Senator will let me speak for myself when he gets throogh.

:Mr. STERLING. I will; but I so understood the Senator, from one or two conversations I bad with him, I did not feel quite like aslting tJ;le Senator now to accept the amendment, bnt I felt justified in making the statem·ent that I did. If, ho,veYer, the Senator has any other idea, he .is surely at Hberty to express it now.

l\Ir. REED of Pennsylvania. My only apprehension is that it is unworkable, and that I should like to explain.

l\fr. HARRISON. Mr. President, may I ask the Senator a question?

The PRESIDING OFFIOER. Does the Senator from South Dakota yield to the Senator from Mississippi?

Mr. STERLING. Yes; I yield to the Senator from Mis­sissippi.

l\lr. HARRISON. I have not studied the Senator's amend­ment. Does the Senator think there is no conflict; between the provisions of his amendment and the amendment that 'Was aclopted on day before yesterday touching the national groups?

Mr. S1.'ERLING. I do not think there is any necessary oon­flict between this amendment and that. In any event, as I understand that amendment, it does not become operative for a period of three years, anyhow.

Mr. HARRISON. May I . say to, the- Senator that the amend­ment that was offered by the Senator from Pennsylvania, which was adopted, directed the Secretary of State. the Secretary of Labor, and the Secretary of Commerce to make an estimate on this ,racial-group proposition. They were to begin immediately. They were to make their report by the 1st of March, 1926 ; and 1;.llen, of course, the Congress would have a year and a half be­fore taking any action, and so forth. By this amendment the commissioner general is clothed with power to make •an esti ... mate, and it seems to me that there might be some conflict be--tween the two propositions. '•

The commissioner general i8 wader the Secretary of Labor. We have directed the Secretary of Labor, in conjunction with the Secretary of Oommerce and the Secretary of State1 to do .WhJlt the Senator here seeks to empower the corumissioner gen­eral to do. it seems to me.

Mr. STERLING. Mr. President, I think the commissioner general, if he is competent to be commissioner general, can easily determine under the terms of this amendment what are commonly recognized and well defined and distinct racial gronps in any country. •I think this pr()vision ought to go into effect at once and be operative at once, and that it will not conflict with the amendment · which was proposed by the Senator from Pennsylvania and adopted.

Ml". HARRISON. May I say to' the Senator that I think it is all right to do.this unless it is already being done; but it seems to me there is going to be a confiict in the adoption of the two amendments, through having two distinct agencies doing the same work.

Mr. DI.AL. Mr. President-- · The PRESIDING OFFIOER. Does the Senator from Sonth

Dakota yield to the Senator from South Oarolina? 1\fr. STERLING. I yield to the Senator from South Ourolina. Ml". DIAL. Would it not be almost impossible to get the

information sought in · the different countries as to racia1 gronps? 1

Mr. STE ULING. I do not think it will be almost impossible; otherwise, I . should not have otrered the amendment. If I had thought there would be any great difficulty, indeed, 1n distin­guishing these difl'erent racial groups for the purpose of ap­portioning the quota among those racial groups, I should not have oft'ered the amendment. ·

J_,et me say, l\fr. President, that the Commissioner General of Immigration has already in large part done this very work, and in bis last report he classified immigrants according to race or people. For instance, he has Ohinese, Oroatian and Slovenian, Dalmatians, Dutch, and Flemish, East Indian, Eng­lish, German, Greek, ·Hebrew, and so on throughout.

Mr~ BROUSSARD. I wish now to inquire of the Senator what organizations or what officials are to determine those racial groups in foreign countries.

Mr. STERLING. I have provided in my amendment that it shall be determined by the Oommissioner General of Irutnigra­tion.

l\Ir. BROUSSARD. I understand that in the amendment of the 8enp.tor from Pennsylvania, which involves only this Nation, three years ha\e been given to do the work here. How can an official in. the United States determine all these racial groups throughout the world, unless it be applied in the next 10· or l!'i years?

Mr. STERLING. I think if the Senator wm read the amend­ment,. the very terms of the amendment, he would find that there was to be no great difficulty. The commonly recognl~ed antl well-dt!fined distinct racial groups are to have their proper portion of quotas.

The PRESIDING OFFIOER. The Sebator's time bas ex­plred.

Mr. REED. of Pennsylvania. Mr. President, I want to sny just a word on this amendment.

I suppose it is possible in some of the foreign countries, like Poland, to make a general racial division of the population; but I do not believe it is humanly pos&ible for any consul of the United States to take a Polish emigrant and analyze his race and find out to which of the racial groups he ought to be assigned. Perhaps bis mother or his grandmother was a Jew­ess, his father or bis grandfather n Ozech, and somebopy else in his ancestry a Slav, and no consul would have the ability or the means at his disposal to make the necessary research. My objection does not lie to the idea of the Senator from South Dakota. I think his idea would be fine if it could he wo1·ked out. But the moment yon come to apply it to any par­ticular emigrant you would find yourself up against a hopeless enigma. So I hope the nmendment will not be adopted.

Mr. SPENOER. Mr. President, the very m<>ment we put tlle machinery of the United States into a foreign country to deter­mine the ditTerent racial groups in that country we would buve a multiplication of machinery the cost of Whieh 1t would be impossible to estimate. We never have dealt with any nation except a.s a ootion and for the United States in dealing w1th its problem of immigration. To go into another nation and attempt to base our method of. immigration upon the different racial groups in that nation would not only be impossible ot operation, in my judgment, but it would be a variation from the policy of the past in our dealings with other nations.

This bill provides that the well-recognized racial groups shall have their quota of immigrants. If the well-recognjzed groups of any nation are to have t.heir right of quotas, the smalJei• racial groups in those nations should by every principle of l"ight have precisely the 11&.me right to their quotas. ·The more I look into it the more the difficulty of administration seems to me to make the amendment impossible.

The PRESIDING OFFIOER. The question ts on agreeing to the amendment offered by the Senator from S<>uth Dakota {Mr. STERLING]. I

The amendment was rejected. . Mr. KING. I offer the amendment which I send to the desk.

, The PRESIDING OFFICER. The Secretary will state the amendirum t.

The READING CLERK. In lieu of the matter beginning on page 19, line 12, and extending down ro and Including line 17 on page 23-being sections 16 and 17-stricken out on tbe recommenda­tion of the Committee on Immigration, the Senator from Utah proposes to insert:

SEC. 16. (a) Every alien employed on board of any vessel arriving in the United States from any place outside thereof shall be examinPd by an immigrant 1m1pector to determine whether or not (1) he ii:: a bona fide seaman, and {2) be is an alien or the class described in sub­divisft>n (f), section 17, hereof; and by a surgeon of the United States Public Health Servfce to determine (3) whether or not he is sul'l'ering with any of the dlsabilities or diseases specifted in section 35 of the lmmlgratlon act or 1917.

(b) It ft il!l found that such alien ts not a bona fide seaman, he shall be regnrded as an immtgrant, and the various pl"ovisions of tbls act and of tht? hnmigratic;>n laws applicable to immigrants shall be enforced in hi!'! case. From a decision holding such alien not to be a bona fide sea­man the alJen shall be entitled to appeal to the Secretary ; and on the question of his admissibility as an immigrant he shall be entitle<l to appeal to the Secretary, e:\'.cept where exclusion is based upon grounds nonappealable under the immigration laws. If found inadmissiule, sueh

Mr. BROUSSARD. Mr. President--The PRESIDING OFFIOER. Does the Senator from

Dakota yield to the Senatdr from Louisiana? Mr. STERLING. I yield.

alien shall be deported, as a passenger, on a vessel other tban tbnt l.Jy South I which brought, at the expense of tile vessel by whkb brought, nnd the

vessel by whlch brought shall not be granted clearance until such ex· penses are paid or tbelr payment aatisfactorlly guaranteed.

6636 CONGRESSIONAL RECORD-SENATE APRIL 18

(c) If it fs found that such alien ls subject to exclusion under sub­division (f) of section 17 hereof, tbe inspector shall order the master to hold such alkn on board pending the receipt of further instructions.

(d) If tt is found thnt, although a bona fide seaman, such alien is nftllcted with any of the disabilities of diseases specified in section 35 of the immigration act of 1917, disposition shall be made of his case In accordance with the provii;ions of the act approved December, 1920, mtitled ".An act to provide for the treatment in hospital of diseased alien seamen."

SEC. 17. (a) Upon the arrival (after the expiration of four months after the enactment of this act) of any vessel in the United States, it shall be the duty of the owner, agent, charterer, consignee, or master thereof to deliver to the immigration -0fficer in charge at the po1·t of arrival, in respect of each alien seaman employed on such vessel, a landing card in duplicate, containing such seama~'s name, age, nationality, personal description, and the capacity m which employed, and having permanently attached thereto a photograph of such seaman.

(b) If such alien employee is found upon examination not to be sub­ject to detention or exclusion under any of the provisions of section 16 hereof, he shall be permitted temporarily to land during the stay of the vessel in port or for the purpose of reshipping on board any other vessel bound to a place outside the Upited States, and the immi­gration officer shall cause a fingerprint of the alien to be placed upon each copy of the landing card. Thereupon one copy of the landing card shall be delivered to said seaman, and the other copy shall be filed in the archh'es of the immigration office at the port of arrival and properly indexed for future reference.

(c) If such a temporarily landed alien seaman remains in the United States without reshipping foreign for a period in excess of 60 days, such circumstance shall constitute prima facie evidence of abandonment of calling and becoming an immigrant, and such alien shall thereupon be taken into custody by immigration officials and examined as though he were an immigrant applying for admission ; anll unless sucb alien shows eithN' that he has not abandoned his calUug but is still a bona fide seaman, or that he is iu all respects admissible under this act and the immigration laws, such alien shall be deported in the mannt-r prescrilJed by sections 19 and ::w of the immigration act of 1917.

(d) Landing cards shall be printed on distinctive safety paper pre· pared and issued, under regulations prescribed under this act, at the exr>ense of the owner, agent, consignee, charterer, or muster of the vessel. Tho Secretary of Labor, witb the cooperation of the Secretary of State, shall provide a means of obtaining blank landing cards out­side the "Gnited States.

(e) All yes:sels entering ports of the United Staks manned with crew1:1 engaged and taken on at foreign ports shall when departing from the l"nlted States ports carry -a crew of at least equal number and :my such ,·essel which fails to comply with this requirement shall be rpfused clearance.

(f) No vessel shall enter a port of the United States, except in distress, having on board as a member of the crew any alien who if he were applying for admission to the United States as un immigrant laborer would be subject to exclusion under the Chinese exclusion laws, or under the sixth proviso to section 3 of the Immigration act of 1917 anrl rule 7 of the immlgrntlon rules of February 1, 1924, or under tbc clnuse of section 3 of the Immigration act of 1917 excluding by territorial limitations certain natives of Asia and of islands adjacent thereto; except that any ship of the merchant marine of any one of the countries, islands, depemlt-ncies, or coloniet1 immigrant laborers coming from which are excluded by the said provisions of law shall be per­m ltted to enter ports of the United States having on board in their crews aliens of said description who are natives of the particular country, island, dependency, or colony to the merchant marine of which such vessel belongs. Any alien seamnn brought into a port of the United States in violation of this provision shall be excluded from admission or temporary landing and shall be deported either to the place of shipment or to the counh'y of his nativity, as a passenger, on a vessel other than thnt on which brought at the expense of the vessel by which brought, and the vessel by which brought shall not be granted clearance until such expenses are paid or their payment satisfactorily guaranteed. ·

(g) The owner,. agent, consignee, charterer, or master of the vessel who violates any of the provisions of this section shall pay to the collector of customs for the customs district in which the port of arrival is located the sum of $1,000 for each alien in respect of whom the violation occurs; and no vessel shall be granted clearance pending the determination of the liability to the payment of such fine, or while the fine remains unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fine.

1\Ir. KING. Mr. President, the amendment just submitted is intended to perfect the bill unde·r consideration. Without this amendment, it is said by many, there will be no real exclusion of certain nationals irrtended by the bill under consideration

to be -excluded. Such excluded persons or nationals sought to be excluded will come in as seanien, as they are coming into the United States now in great numbers.

The report of the Commissioner of Immigration for 192~ states that 973,804 alien seamen are reported to have arrived in the ports of the United States and to have been examined as to their health. The report for 1923 states that 1,018,000 alien seamen arrived in the ports of the United States and were examined for that year. Included in this number are, of course, the petty officers of the vessels arriving. The officers do not quit the ships in the United States, and the petty officers who leave their ships are few in number. So that it may be said that about 600,000 may come ashore and mingle with our population.

It is claimed that many persons, who enter as seamen are · not seamen that they remain in the United States in violation of the laws of the United States.

'l'his amendment which I have offered is for the purpose of dealing with the class of excluded seamen; that is, alleged seamen who llave come into the United States in the past in violation of our laws.

The excluded persons, as I have stated, wlll come in as sea­men who can not be held on board of the ships after the vessels have properly entered our ports. First, because to hold them on the vessels against their will would be involuntary servitude, and, of course, would come within the jurisdiction of the courts of our country; second, because the seamen would be prisoners and the vessels would be prisons. It can not be assumed that such law could be sustained. The seamen have committed no offense. They can not be held guilty even of having violated our Jaws by coming into port, because, if they be- bona fide seamen they could not know that the vessels were to come here, unless the port is the first one visited in the course of the voyage. The master and the owner of the ves­sel will know. In clearing for the United States they would be told about the law and its penalties.

Uuder this amendment the penalty upon the vessel for bring­ing an excluded person into our jurisdiction will be the expenses of such person's keep until he can be deported and the cost of his deportation as a passenger on some other vessel. If he be a person capable of becoming a citizen and ·is not a bona fide seaman, he will be deported at the expense of the vessel which brought him. The master of the vessel will have general knowledge whether he is a bona fide seaman. He will know whether such person has shipped aR a seaman for the purpose of securing entrance into the United States in violation of the immigration laws. If the vessel is bound to a port of the United States the master with such knowledge can not escape conviction up~n the plea of lack of guilty knowledge. He hired the men and he knew the difference between a bona fide seaman and a pretentled one; lte knew the difierence between an occi· dental ::;eaman and au oriental one.

If the vessel is not bound for a port in the United States but is compelletl to come into an American port in distress, neither the vessel nor her seumen, no matter who they be, are in any way interfered with, excevt that the seamen will be fur~shed a landing card. If the vessel bas a crew of its own nationals as distinct from a crew belonging to one of the <!olonies or de· pendencies of such uatiou, such vessel may come with the same freedom as if such ruen were not persons excluded from the United States. In other words, a Japanese vessel may come here with Japanese or persons not excluded, but she may not bring Chinese, Koreans, or Hindoos.

It will be seen that this amendment is intended to perfect the exclusion laws. ~ro exclude a person as a person and then to admit him as a seaman is to make the law ineffective. It is to close the front door and permit the side door to remain open. This has been done in the past, and notwithstanding the fact that there are strict Chinese exclusion laws, which have been in force for 30 years, there are more Chinese in the United ~.tates than there were 30 years ago.

The process lJy which . the exclusion acts are evaded is very simple. The combinations which make a business of import· ing Chinese excllange the old men for younger men from on board of yessels and in addition bring a large number of stow· aways in the vessels coming. If the stowaways are accidentally discovered, it is almost impossible to prove that they enter~d tile ship in our ports 'vlth the knowledge of the officers m charge of such vessels.

The third part of the amendment provides that a vessel which has obtained its seamen in some foreign port shall take away at least as many men in her crew as she brought and that she is not to obtain clearance until she has complied with this provision. No nation can complain of such law. All nations have ru~es or laws providing a minimum of a crew; but the

1924 CONGRESSIONAL REOORD-SENATE

master may take as many more as be shall think neei:Ied for 1

1\!r. 'REED of Pennsylvania. l\Ir. P.resiuent--safety, and he is to bring those men back, unless they desert 1 The PRESIDING OFFICER. Does the Senator fr.om l\fas-or nre otherwise missing. , saclmsetts yielU to the Senator from Pennsylv:.a.niar

Manifestly it requires .as many men t..o bring a vessel safely 1\Ir. LODGE. 1 yield. over the same waters east to Europe or .west to Asia as lt Mr. REED .of Pennsylvania. The bill as 1.t passed the House takes to bring the vessel safely west from Eu.rope or east and reached the Senate does contain provisions regulating fr.om Asia. When a vessel comes here overmanned and leave.s the landing of alien seamen. The whole matter will be in c-0n­from 10 to 100 men behind, it is plainly with the purpose of f-erence. So the Senator has that assurance. evading the Immigration law and making a profit in so .doing. 1\1r. LODGE. With referenoe to what tbe Senator has just This amendment would stop such a violation .of our irnmigra- stated, I think w:e .ought to have an assuran,ce from our <...'On­t1on laws. 1 ferees that ,the present condition in which the bill now stands,

Nor can it be justly .contended t:hat such a vessel would take with Iio regulation in regard to alien seamen, shall not be per­away better men than it brings. It will take .away the ,cheap- ' mitted to go through without serious .c-0nside.ration~ .and that est and therefore 'the least efficient men that can be .found. the conferees will frame a proper clause or .as gooo a .clause as Generally speaking, better men will be brought than are taken .they can to prevent this flag,rant abuse. awa,y unless they be purely immigrants masquerading as sea- ! l\Ir. REED of Pennsylvania. If I should happen to be a.p­men, in which case, not being bona fide seamen, the vessel will pointea one of the managers on the pa.rt of the Senate. I pay· the expens_es of tneir deportation. woul~ h~pe to agree to any section of the House bill or any

The landing card is needed .mru;e es,peci~Uy in order that amendment of it which would seem to improve the present excluded persoµ.s who are here as seamen may be ob&erved I situation. But it is not exactly correct to say that ·theiUe is no and, if need be, 1dentlfied and deported. It is the same as law on the question at present. It was testified by the immi­to all nations and in that, as in other .respects, the.re is- no gration authorities that all they needed was the money for discTimination. · enforcement and tllat they could tllen detect, apprehend, and

As indicated, the evhlence shows that l~rge numbers of deport the alien seamen who have .deserted. persons who under the law .8.re excluiled from .admission to our ' Ju.st to state the pr-0blem very brietl8., tnere -were 23,994 shores 'ship as .Seamen when they .are not. They ship as sea- desertions by alien seamen in the last fiscal ,Year. I am con­men for the purpose of .evadin,g our laws and of entering the fl.dent that that is a complete census .of tOOse wh-0 creserted, :U.nited States. Under e:x;is~g law thousands have been per- 'because we have the advantage of the incoming and outgoing mitted to enter our ports and large numbers .have escaped de- manifests; we know ex.actly how many members of the crew porta.tion. This .amen(l.ment is o.ffe.red .for the pu.rpose of mor.e · each ship is lacking ·wben it .goes out, and those figures .r.r.e .effectually closing the gates against those who, under the b.ill cbeek:ed by a comparison with the records of the incoming .and ..as it has been amended, are exc.lude.d from our. sh~res. .

1 outgoing vessels. More than half .of these men resh.i,p. It is a.

The PRESIDING OFFICER . .Permit the Ohair to aslt a · common thing for tlH!m to desert one ship and .to ·ship agiall1 on .question. The Chai.r rmderstan.cls th.at this amendment is not another vessel going out to a foreign port. The figure 23,000 intended to moclify the La Folle.tte Sen.man Act at all but simply does not give an accurate picture of the number of ,smu,ggletl t-0 prevent immigrants from entering in vi.olation of 'it? · immigrants who come in. I doubt very much, when w.e r..eme.m-

l\Ir. KING. That is tile principal oQject of it. -ber the number of reshipments .and the nuniber of men wllo Mr. LODGE. Mr.. 'President, my attention was called to this 1 Cl:esert in order to go to work on tile Gr.eat Lakes each spring,

amendment just a day or two ago. 'The subject ls very im- as they are doing right at th~s m1nute, if we get more than ;p0rtant. It has nothing to do with quotas or nations or any- two or three thousand smuggled immigrants in this way. lt thing of that sort, but simll1.Y deals w1tb .evasion of tbe law. ' does not COII\Pare with the smuggling acroi:;s the land oor<.lers. Such evasion has gone on for many ye.a.rs tlu:oygh the .channel Trt do.es not compare with the .smugglrng from Cuba to .the of alien .seamen. P·osing .as alien seamen has been a faw.rite ~lorida coast so far .as numbers are concerned. methoa ,of bringing into this cowi.try persons· whom the Jaw I Now, le'tme say a word abo.ut the amendment. 1J:b.e c<i>mmlttee excludes. be1d a lung and careful hear1ng .on this .Particular .amendment.

I do .not think the figures .in tl'egard to deser.tions givea in A Tepresenta.tive of the seamen's union was .irnesent to nrge .it. the ceport o! the corm:pissioner ar~ wholly to 'be .tr.u~ted. It

1 .After that hearing the committee decided, by .a vote which wou)<l.

is very dlfficlillt to get exact .statistics as to seamen. They all have been unanimous except for tbe negative v-0t-e of the Sen­.have to pass a bealth ex.aminatio,n, but not, .as :I uridElrstana it, a.tor from Utah [Mr. krna], who n.ow introduces :the amewl­the examination for efilrance .as .~ immigrants. It is very ! ment, against ·fncm·porat.ing the .amendment in the bill. I:n .easy for a man .te sliJ) away from a ship when he llas come here . other words, every member of the Committee on Immigration s.imp1y .for the purpose of evading the la,ws and 'intending to be- ' except ,the Sen.a.tor from Utah ls opposed to the amendment . .come a .resident ,.alien. 1: think the .total number of deserters, The reason wily .is easy to under.stand . . as they ane c1asSlfied, ls somethlllg like 24,000. . M;y own belief '. Mr. HARRIS. Mr. Presil:lent, .ma,y I Interrupt the Senator~ is that it is r~a11y a much .lar.ger number of men who take 1 Mr. REEJD of Pennsylvania. I am glad t-0 yield to the ,Sen­that way of getting into the conntry 1n evasion of -0u.r laws, ator from Gee1·gia. .all parts or .any part of our laws. 1\.k HARRIS. The Senator made the :Statement that all

. The .sit~ation o~ht to b~ de~t with. I hav~ .not had the members e:i:cept the Senator fr-0m Utan were op}K)Sed to the time to gwe sufficient consideration to the particular a?Den~- amendment. I was not opposed to it, and some others weve not_, in~mt presented .t~ state to the .Senate how w-ell .I tJ:ink it but we thought it might interfere with the bill ~g iilro:ugh, might w~r.k, ln~t it. ou~ht certalnfy to be dealt WJ.tb m c~n- .and we were unwilling .to load do-w.n the .bill with anything that ferenc.e. The situation is now that the whole subject of alien , could he taken ('..are. of in a .separate lllleasure. il pe.rsmia.lly Beamen and all relating to that subject has be.en striCkien favor the ;amendment from the. ~ill, and .tne 'bfll wo111d gp into ~?nference without . Mr • .REED -et P.erui:sylvania. [ 00 not :remember that the Sen· .any pro.vISion covering the intr.odnc_tlon of alien seamen. . ,a.tor ·voted J.n fnvor -0f it. My impression ~vas that he voted

I have talked the matter over with the Secretary of Labor., , ,.against tit who,. told ..me vol~ntarily J_llOr~ than .a year ago that the wor.st 1 Mr HARRIS I stated that I did so .at rt.he committee evasion of tlle Chinese exclusion act comes through tb.e Chinese meeting · who .are brought bere in the engine room of a shi,p, or in some ·. . . . similar way, an.d who slip ii:J. when they gef to po.r.t and b,ecome Mr. R~ of Pennsylvama. r.Dbat was all I meant to BllY m residents of the United States. That is one of the worst meth- my orlgrnal statement. .. . . ods .adopted for ev.asion of the law. ,Something .ought to be . llr. LODGE. If the 'Senator will aUo~. me, 1 itboug~t I d1s­do11e' about 1t. We can not, 1 f.hilik, possibly affor-d to allow rtimitl~ state.a. "that I was not undert:akmg to press for :the the biTI to become a law without any provisio;n relating to the . adoption of this amendment .. exclusion of alien seamen or at 1east campelling them .to pass 1 Mr. REED o-f Pennsylvama: Y-es~ I understood that. the necessary examil;l.ation that .all aliens have to pass to come 1 Mr. DODGE. But ~ de t1n~k t.:1:1at the Senator ve1:s m~cll l1ere. I do not think it would be possible for us to decide upon un?errates the smuggling of allens m that way. I do not thrnk it here at this late hour, When the bill is so nearly finished. , those figures are good for m_uch.

As I have said I can not .undertake to deal with .the details Mr. REED of Pennsylvama. Whatever the figures, we want of the particular 'pending amendment, but I shGuld like to llawe to sto'p it if we can . . some assurance from the committee that when the bill goes Mr. LODGE . . We w.ant to stop . it whether the number is 2 into conference they will at least make some provision w.hich · or 2)000. • will prevent the gross evasion of our immigration laws wbich Mr. 'REED Of Penn~ylvania. Yes. now is taking place through the alien-seamen channel to which Mr. KING. Mr. President, will the Senator permit me to I have referred. interrupt him?

. . ''/.J.'.;.._

6638 CONGRESSIONAL RECORD-SEN.A.TE APRIL 18

l\Ir. REED of Pennsylvania. Will the Senator from Utah allow me to finish, because the sands of my glass run fast?

Mr. KING. Certain1y. l\fr. REED of Pennsylvania. The committee had two reasons

for taking that ·attitude. The first was that it introduced a Yer~· intensive subject, as to which the three parties in interest could not agree on anything. The president of the seamen's union wanted this amendment. The steamship companies by their representatives wanted somathing totally different. The Department of Labor, the commissioner at Ellis Island, and the immigration commissioner here wanted a third plan. They said the landing-card scheme had been tried and would not work. A seaman merely tears up his landing card and departs for parts unknown. The landing card does not stop him from deserting. They say that plan will not work. The steamship companies, on the other hand, plead unfairnesi-l. No two of them agree. It is a very much debated topic. It ought to be coyered in a separate bill. Unless we can agree on something In conference, it will have to be provided for in a separate measure.

Finally, i think the impression stated by tbe Presiding Officer is incorrect. The Presiding Officer stated when the amend­ment was under discussion that he understood. it did not change the La Follette Seamen's Art. I heg to differ from that impres­sion. It does change it vitally.

The PRESIDIMG OFFICER. The Chair asked the Senator from Utah [Mr. KING] if that were the fact.

Mr . . REED of Pennsylvania. l\Iy understanding differs from that of the Senator from Utnh. Let me explain ju!';t what the amendment does. It provides that if any ship comes into our ports bringing from another country a seaman who is ineligible to citizenship, the seaman shall be rE!moved from tlte ship by the immigration authorities, regard.less. of any intention of deserting, and shipped hack to his home country on some other vesse1. It follows from that that if a .Japanese ship comes into the port of New York or San Fraucisco and has a single Chinaman in its crew. our men board that ship, seize that Chinaman, and send him back to China on some other vessel. It follows that a British ship coul<l not bring a Lascar into any of our ports; that a Chinese ship could not bring a Korean. The possibilities are terrific . . There ·is not a single ship which sails the Pacific to-duy which would not violate this provision in a hundred ways. It would close our ports to oriental ship­ping almost as effectively as Japan closed her ports to our ship­ping before 1852. I do not belie,·e tllat tlle Seuate · of the United States wants to cllange our laws so radicall~y on such short notice and after such scant consideration as we ai·e able to give to this question to-day.

l\Ir. SHIPSTEAD. Mr. Presitlent, i merely wish to sa;r a word. I do not see how tllis ameudment can affect the La Follette Seamen's Act, because tlle La Follette Seamen's .Act is an act to provide safety at sea, while this has to do w.ith immigration. I do not see how it can hreak up the business of transportation at sea by Japan on the Pacific, because there is nothing in the amendment which will prevent a Japanese ship from landing here with a full Javanese crew.

:Mr. REED of Pennsylvania. Mr. President, will the Senator from Minnesota yield to me?

The PRESIDING OFFIOER. Does the Senator from l\Iinne­sota yield to the Senator from Pennsylvauia?

Mr. SHIPSTEAD. Yes. Mr. REED of Pennsylvania. At the time this matter was

under consideration the committee asked that question ex­plicitly of the president of the Seamen's Union, l\Ir. Andrew Furuseth, and his reply was that there were some sections of the La Follette law that were "as dead as Julius C~sar," and that the amendment was intended to resurrect them. That was his exact language.

l\Ir. SHIPSTEAD. I will say to the Senator that "if . the La Follette Seamen's Act is not enforced, the alien seamen can come in here; and they came to the number of something over a million last year ; they landed from the ships and mingled with the population. We do not know how many went back on the ships ; we do not know how many of them are here now.

Let me say furtheL· to the Senator {rom Pennsylvania that I do not believe that any single English ship ever came to New York Harbor with one lascur.

l\Ir. REED of PennsylYania. I sailed. on one of them that had a number of lascars in its crew.

l\Ir. SHIPSTEAD. I said with one lascar. They may come in "·ith an entire crew of lascars; but under the amendment If ~uch lascars come ashore provision is made that they shall receive what is called a "landing card," and the ship when it departs must report to the immigration officials how many

lascars they take out, and under the law they will be compe11ed to take out as many as they brought in.

The Senator from Pennsy-lv:rnia · has stated that the way to handle this question is by the passage of another law. He may ~e right; but to me it seems like having one law for the front door and another law for the 1:1icle door. In the olden days we heard considerable talk abOut the trouble that was caused by the bacl< and side doors, but most of the trouble was with the side door. That was before the passage of the Volstead Act. There seems to be in this instance. a real side d,oor through which the alien seamen can enter the United States without being subject to the immigration laws, mix with the. population, and remain here, so far as we know. There is nothing to pre­vent them doing so unless some one, perhaps by accident, dis­covers them.

I was very deeply impressed with what the Senator from Massachusetts [Mr. LODGE] said, that something like this ought to go into the immigration law-at least should go to con­ference--in order that the side door may be taken care of.

Mr. FLETCHER. l\Ir. President, just a brief word about this matter. The situation is, as has been indicated, that the committee reports the bill with the sections as to alien sea­men-sections 16, 17, and so fortll--entirely stricken out, so when the bill passes here and goes tO conference the matter in conference will be the House provisions.

I think it is impo1'tant that tl~e Senate should adopt some affirmative principle of law with reference to this subject. It is a very important subject. It has been stated here that some 24,000 desertions from ships occurred last year. Now we shaU stop those desertions if we shall provide, as this amendment does, that every vessel must take ·back as many of her crew as she brings in. The trouble heretofore has been that a vessel would come -into a port of the United States with three or four times as many men as she needed as a crew, and then depart with only tile required number. Under this amendment she will be required to tnke away with her as many as she brings. That is a Very important matter; and, in my judgment, it will cause a cessation of this large number of desertions.

Mr. REED of Pennsylvania. 1\lr. President, will the Senator yield at that point? .

The PRESIDING OFFICER. Does the Senator from Florida yield to the Senator from Pennsylvania?

Mr. FLETCHER. Yes. l\!r. REED of Pennsylvania. Under this amendment, as it

stands, a vessel could come in with Chinamen if it desired amt then take out Americans in their place.

l\Ir. FLETCHER. It is difficult to prevent desertion; and what we call desertion here in this loose way is not really deser­tion under the law. A seaman has n right to ship on a vessel and come to a port of the United States, and, even though we huYe a contract for a round voyage, demand half his pay, and leave his vessel. He is no longer a deserter; he is a free man; and, under the law, he has a right to ship on another vessel.

'l'his amendment is purely an immigration proposition; it does not deal with the seamen's law in so far as that law affects immigration; and it ought to go into this bill. The amendment ought to be adopted by the Senate as an affirmative stand and a declaration of certain principles that ought to be written into the law and become a part of the immigration law of the United States. '

There have been certain failures fully to enforce the seamen's act ; there have been additions to our population by immigrants coming in aboard Yessels when they ought not to have been ad­mitted; hut they Jmrn taken up their residence here to become a part of our population when they are barred under the law.

The enforcement of a provision such us is proposed by the amendment will, in a large measure, correct all these diffi­culties. This amendment has been very carefully thought out, carefully studied, and carefully prepared, and it is to our highest interest, if. we are going to attempt at all to have au adequate immigration law, that we embody its provisions in the law.

Mr. l\IcKET .... LAR. l\lr. President, will the Senator yield? · The PUESIDING OFFICER. Does the Senator from Flor­

ida yield to the Senator from Tennessee? l\lr. FLETCHER. I yield. l\!r. l\1cKELLAR. Do I understand the Senator to say that

the amendment proposed is wholly di:tferent from the provisions in the House bi11?

l\Ir: FJ,ETCHER. It is partially different; there are pro­visions in the House bill that are not workable; provisions, for instance, requiring bond under circumstances which will make the ship upon which the seamen come to this country a prisoner.

1924 CONGRESSIONAL RECORD-SEN ATE "6639

Mr. McKELLAR. Why would it not be the best plan for the Senate to adopt this amendment, let it go to conference, and let the conferees work out a feasible and workable plan? I suggest to the Senator from Pennsylvania that he permit this amendment to be adopted, anJ then work out a proper arrange­ment in conference.

l\1r. REED of Pennsylvania. The difficulty with that is that there are some provisions, that are common to this amend­ment and to the House bill, which witnesses indicate are extrav­agant and ineffective. . The landing-card provision has been tried, but does not work. If a man wants to desert his ship, he merely tosses his landing card away and leaves.

l\Ir. FLETCHER. The House bill carries a provision for a landing card.

Mr. REED of Pennsylvania. The House bill carries a pro­vision for that ; and if' this amendment shaH not be adopted, the matter will all be in conference and we can act on it.

l\fr. FLETCHER. The whole matter will also be in con­ference if this amendment shall be adopted by the Senate.

Mr. McKELLAR. Even if some lines are exactly the same, still if the amendment is substantially different from the House provision it could easily be worked out.

Mr. FLETCHER. I think it will be helpful to the conferees to have a positive and affirmative expression of this character on the part of the Senate. Then the House provision which has been stricken through and the amendment now proposed will be in conference.

l\1r. President, I do not want to detain the Senate, but Captain Furuseth, who knows this whole subject as no othe~· man in the country knows it, submitted to me a paper in the nature of a statement as to the manner in which the present law is operating, showing what is happening under present conditions and showing why the House provision is inadequat~. I ask to have that statement inserted in the RECORD as a part of my remarks.

The PRESIDING OFFICER. Is there objection? The Ohair hears none, and it is so ordered.

The statement is as follows:

ashore. When the vessel was about to go out again a complaint wa.s made that the vessel was about to leave short-handed-that is to say, with less men than she had on arrival.

The inspectors and the customhouse alike pointed to the inspection certificate and · 1et her go, and thus the vessel left in the United States any number from 5 to 30 Chinese. Necessarily those whose duty it was to prevent the coming to the United States of excluded persons made complaints. They went to the newspapers with these facts, which were promptly taken advantage of to show that the seamen's act would destroy the system of exclusion and generally so interfere with immigration arid exclusion laws as to make them, to some extent at least, ineffective. The Department of Commerce and the Department of Labor hn.d powers to make regulations under whlch this could be stopped. They were petitioned to make such regulations, and some sugg~stions as to what tlie regulations might be were submitted to the two departments. Nothing came from the protests or the suggestions. The thing continued and it is in full operation to-clay.

On ·the Atlantic, when the men could not get into the country in the regular way through Ellis Island, they took passage on vessels undeL" one pretense or another, and upon arrival in the United States they walked ashore to mingle in the population. Vessels have been known to come with 400 in a crew and leave with 250; to come with 200 anu leave with 150, and so on.

The Secretary of Labor tried to stop this violation of the immigra· tion laws by providing for bonds-$500. The excluded Chinese fur­nished the bonds and vanished. in tile population, thus converting the bonds into a $500 head tax. In Atlantic ports this matter was taken ·into the court, and the court decided that the Secretary had no such power; but. the demand for bonds was continued ancl men were refused permission to land. The question was then taken "into court on writ of habeas corpus, and the court dismissed the men from the ship, stat· ing amongst other things, that the Department of Labor had no power,

. nor was it a decent proposal, to convert a ship into a private prison . in a port of the U'nited States. The bonds are, nevertheless, exacted.

The . thing still goes on. The proposal then came squarely in the House bill to authori7.e

the Secretary to demand such. bonds as he felt would be sufficient. The committee, after looking at all sides of the question, and l~eing unable to agree to adopt proposals which would have closed the open­

Some years ago a Member of the House of Representatives, who later ings through which the people having no right in the United Stated became a United States Senator and is now out of public life, defined could come in and the law thus be violated, left ' the seamen in sub· "scientific legislation" as being legislation where the legislator pre- stantially the same position as they are now, except that it permits · tended to do one thing while he is in reality trying to do another. . the immigration officer to determine the length of time that a seaman More often tban otherwise, when " scientific legislation " is about to shall be permitted to remain on shore. This certainly shouli1 not be be applied, the legislator himself is deceived by having his attention left to the immigration officer who inspects the crews of the vessels. concentrated upon one particular th~ng or one particular evil or pm·- It should be a question of regulation iss\}ed by the department, aml pose to such an extent that he fails to see the other phase or the it is to be hoped that the bill wm at least be amended to that extent, "scientific" aspect of the proposal. ' When so amended it will meet the seamen's situation and leave tho

The committee system and the hearings may generally be depended seamen's law intact, but it will not meet the immigration situation. upon to develop the fact that the proposal is "scientific." The eft'ort An opportunity to bring immigrllllts to the United States in the guise to use the immigration legislation to repeal the seamen's act is a of seamen, regardless of whether they be generally excluded persons, notorious instance of the efforts at "scientific legislation." Ship- as under the exclusion laws, or provisionally excluded, as under the owners, foreign, and to a large extent American, have been and ar~ immigration laws, will continue. doing their utmost to so change the seamen's act that they may in Why this should be permitted to continue is incomprehensible. Thero one way or another compel the seamen to remain on board of the is evidence that the bill, which is being prepared by the Senate com· vessels in ports of the United States if the shipowners deem such to mittee in lieu of adopting legislation which would close the openings be in their best interest. • and make the two laws function together, is to be so drawn that the

There were protests from foreign nations, protests from foreign and shipowner, foreign and American, will accomplish his purpose by American· shipowners, protests from shippers, bankers, and chambers of holding seamen coming into ports of the United States ·as prisoners commerce against the passage of the seamen's bill. The protests fol- on board of their vessels. To enact such legislation would be an in­lowed the act, as perfected by Congress, to the President. When the humanity so cruel that no nations have ever adopted it except · as n shipowners failed there, they made use of the industrial power in- result of necessity arising during a war or for temporary purposes oe herent in the shipowners, and the power which .they have over news-- quarantine. papers through the advertising patronage, which is very extensive, to If it could be made effective there might be some excuse for it on organize a propaganda for the purpose of repealing the La Follette the ground of keeping undesirable people out of the United States, seamen's law before it had been put in operation. They failed in that. always provided that there is no other way in which it can be clone. When the war began the foreign nations urged that it be suspended, at But it can not be made effective. The proof of that wa.s given us least during the war, because the seamen were quitting in ports of the 80 positively and clearly dul'ing the late war that no further evidence United States and the vessels were compelled to pay American wages of it ought to be necessary, but entirely aside from this there aro leaving American ports. Again they failed. Then the question was other things that can be done to accolllplish the purpose needed un<l taken into the courts and there was no end to litigation until finally desired. the Supreme Court, by a unanimous decision, held that Congress had a Let the crews of vessels coming from foreign ports be properly ex· perfect right to pass laws under which seamen coming into the juris- amined. That is supposed .to be done now under the health provisions. diction of the United States· should be as free to quit their work as any It is not difficult to tell a bona fide seaman from a pretended one ; and workingmen within this country. let the pretended seaman be seized by the immigration authorities nmt

Then recourse was had to the immigration. Vessels on the Pacific deported out of the country as a passenger on some other vessel at the came from the Orient with from 50 to 75 per cent more of a crew than expense of the vessel which brought him. Shipowners will then see to their certificate of inspection provided for. They had been inspected it that they carry no such men into ports of the United States. Let in the United States and the strength of the crew was based upon white the vessel be compelled to take away at least as many men in her crew men. Under section 20 of the net of 1884 they hired their crews in the as she brings and there will be no increase in the population of the Orient. The crew was increased. from 50 to 75 per cent, as is usually United States through the freedom of the seamen being continued and the custom when orientals are . employed. They brought this larger exercised. Prohibit any vessel from bringing specifically excluded per· crew into ports of the United States, and a large percentage of those sons to ports of the United States as seamen unless they be on board men took advantage of sections 4 and 7 of the seamen's act to go of the vessels of which they are the nationals, or on board of a vessel

LXV---419 • 1 •

6640 CONGRESSIONAL RECORD-SENATE APRIL 1'3

{'o.millg into th~ Unitro States in ·distress. If a vessel brings any sneh .ll'Len-that is to say, if .a. Norwegian ior Dutch or Japlil.n~ v-essel-Orlngs C'hinese, or an English vessel brin.ga Ri.ndus or Singh.aJese-let tflose men be taken from the vessel upon ller arrival and sent hack oo the country from which they came or to the country where they belong .at . ih.e expe.nse of the vessel which brought them. This will be n.Q .cost to tbe United States, nnr1 .if such ,prov.isions are adopted in the law and en.forced, the .seamen's law an<l the immigration laws will a.ct kl .co­operation with each other and the whole question will be .settled in so far as there is any puRsibilitf of settling H. Manifestly '\7e can not prevent a ves~l from bringing her own nationals into ou;r ports or bringing excluded persons into the ports in case the vessel is in -distress.

On August 14, 1922, the President Jackson, a vessel belonging to •the United States Fleet Corporation and operated b.Y a co~any entirely eontro11ed by Mr. Dollar, brought o4 Chinese to Seattle. Th.ey were either stowaways or extra men, and the vessel was_ supposed to be fined '$10,800. I do not know whether the money was .ever paid or what became of the Chinese. According to the following letter, the Presi­dent McKinley brougllt 84 Chinese who were supposed io be put in tbe President .Madison:

(Chinese flreroom .crew, steai:m;;hip PrrtBlid eott MnCUeon) SEATTLE, W Aal!I., Oetaf>er :M, 1922.

Mr. A. F. HAINES, Vice P1·esident:

it a-ppears that through ·some error the 'Chinese fireroom crew for the aboTe-uamed vessel was 'brought over on the steamship Pre11ideni Mc.Kinley. It is my understanding th.at when this crew was arde-red you were under the impression that tlIB Presi­&n't Madison carried a white fireroom -crew, but as you lpldoubt­~ly know b_y thl:s time, she carries a Filipino fire room crew, signed on at ~'lanila for a round trip. We now have 34 firemen •on our JJands that we do not know exactly what to oo with. It l:Jas been wgge11tea that we keep· these men here and transfer them to t'he VRri'ous frelghters as they nrrive, 'but in view of the fact that 'this would necessitate the keeping of these Chinese here on pay for a long time I can not see how we can consistently <.'any out this plan.

After considering the matter .from .au -angles my recommenda­tion is that we retalt:l 12 men to nil the .complement in .the engine room of the steamsbip Ha'll.ley_ 3:ll.d that we transfer the other 22 men over 'to the Pi·esit?ent Mad4.8Qn to iieBe:ve the ,Filipinos at Hongkong, where the MadisDn can s.hiP 12 additional Cbiaese to rep1ace those held over for the Ha.4iley.

J understand ~ir. Horsman suggested to .Mr. Wri.ght · that we retain .the entire 34 men JB.ere .and place them ou tae ditl'el)e.llt :f'1·eightcxs in 'Vari.ans capacities; that i.s ..te ai.y, both in the ,auk and ·engine ~epartments. kl IY'iew of t~e tact U1at theee noon were shippe'1 as firemen, I do not oons:kl.er it ,p'l:a<llli!ahle t-o •pnt tbem OD .deck, becau~e when .emplCllying Chin~ t>eam.en not speak­ing English, or iSpeaking verF litt.le English,, it is imperati-ve that they know their buisi.n.eas, .and J'()ll ican not ex:pect •a 1hre~ w hauale ca..rgo gear a.n.d st.oor the v~ssel. · 1,

I do not see how we are goi~g t-o -a:plai.ll this 'Jlltl1ibe1' to the SWJJplng .Boa,rd. but it eeema tJo be a ,questlion t0! eho0si~ th.a lesser evil, .aind th&etore l have imaide ithe :abQ!fe oooolllm0llda-tion. ,EttIK G. FROB!ll'&G,

.Port -0CliJl't.ain li'()t;e.i{}:n De-prwtacd.

The men here manti.onad w-ere nct soo:men, >booauge no person is 11 !Seaman unle-ss be is sign~ on i:he articl~ after 1tbe •ma&ter has tlPst idgned. See seetl~ns ·4oil1, 451,7, .nnd 4612 e.f R~Vi'floo lStlatlltes.

As u, the Cbine.qe emplo,00 :at ipreaea1t, the fo~lng tab'l<e 'is so interesting that I 1Urou.gbt ryioo ooght :to have a wpy.

Port of San Franoisco, sa.U,i1Jf:a!~1:,,::;~h of Jan,,:ary, 19~Shippi,11g

Operator -Per­

'lldt:d .A:merli- li a~ cr~w .ca.u i A ens r .Ameri-

cans

President Cleveland _____ Pacific Mall___________ 237 ~~~I President Taft _______________ do_______________ ~ . ~ l~ ~: ~

L:ns Vegas ________________ Swayne & 'Hoyt_______ Bi 14 r 191

142..4 1Wes;t:.J.flPPll _______ .: ____ do ___________ _ Westlvan _________ .Str.uther.s.&Barey_____ .. ·u ; lli :W 44.2 Stockton_ ____________________ do---------------. 36 12 24 33.-4 'H11gen_ -----------------~ _____ -do_________________ 'SS ' 31 ii 88. '9 West Cajoot _______________ <to_______ If1 2l ' 1-6 .56.18

Ar;~~~--~~---~---······---~-------~--------. -----~-~i= U'SI

NOTE.-'.rre8il7tmt Cleveland, J.34 Chlnese and 5.6 Filipinos; P11e11id.ent 'Tutt, 134 'Chinese and 5'2 Fillp1Dos; Las -V euas, 2.2 Filipinos.; West J'aJJS.% I 19 Flltplnos; West Ivan,, 16 Fi1ipinos; Stockt<ni, .2.4 .Fillpinps; :W.~s..t

C<J,.foot, '8 'Flllplnos; Hageu1 full white crew.. 1

To sail .as " Number &.ue man "-which ·means lnterpreter-:..on t'hose vessels, is so profitable :that (;hl1H?Be ar~ oli'et·W.g $1,000 fur the priv-ile:;e of making -one trip.. :Dhls was tel!ltified to before the .committee, and the ev.i.Qen.ce was th€re fur.Dished, as follows :

[From the ,Seattle .Post-lmtelhlgeacer, February 22, 1923]

" . CHINESE BID HlGH STAKES FOR SHIP J'Ol'l-MO'.Nlr.Y OFFERED ~

'POfHTIONS O'N O'ltIE'].qT·ISEATTLl!l VE'SSEUS RE'VEALED IN FIGRT

AGilNST DOPE

"Hig'b stakes offered for minor _pGsitions on An).erican .steamshi,ps plying between tbe Orient ans Seattle are revealed in corre­spondence between Chinese and snips' officers disclosed yesterday by investigators uncov&mg the dope traffic here.

"A letter to the purser of one trans-Pacific liner, believed to .have been written at Ilongk.ong, .and dated .November !:), 1922, reruls:

" ' I went up _your office this aftern0on :(or ap.Plying .the job ot Interpreter.

.. ' f beg to says tlla t I wi11 band over .ef $1,000 fo.1- too job if you can 'fix up for me.

" • I wlll come to see you immediately when yc:nir .,t1bip r.eturn from Manna and l hope you wm combine with the chief :stewud and also I wfll do b.im good when the job succeeds.

" ' Yours trulF, " ' Lo WING Po.' ,,

LETTER AT MA.NILA

.Another lette.r written to tbe master ol ·()]'le -of the blg .Passenger liners was received by him at Manila and was written -on. stationery of his .s.hi,p. lt .bear.s the sig11atur,e ,-Of a. Hong, and readB;

" Hoping that you are e?en to Any Jll'Gposition within rfa800l and not entailing ct:Qo much risk that will benefit you financially, I take the liberty ·Of .advancin.g my business .a.spiratic:ms. ·

"' Rep1·esentilu~ the largest Chinitse busmess du.b -0f Hooglrorlg ;r -would .))id for the ,position of nwnber Qlle ,man ill .the stewud'.s tlepartment. The sum ito be paid you -OD ionr arrival in ,Hongk.ong in case you accept this bid will be $500 gold. An .a.rcan~~Bt will be. .made wjt.b, the .chief steward eep,arateg.

" In case you care to entertain this PJX)Posllion .an ,aiaswer as to whatever agreement you could arrive at :w~ld be v~r~ much appreciated not later than Sunday afternoon.

"We wish 'to know in order to b'a.ve the money ·ready in case you idesii-e.

'"JBegideB the initial payment there will be mOTe money at tlie OCiherl' >end 0! 'tbe ~Tlge.

"' Puhaps this may 'llot be fea.sible t-o ·make a. c-hange this trip '8.'D.d [ twp,e ·you will ecrnsllier this -enoti:gh to 1t~p me in -mind 'fur tbe niext trip Ul!l number one mun.

"These trips -ean 'be va-y profitable fo you 'tf you a~ 'far'Sighted. "Reports in the possession of Fetterai investigators show that

tfhe smuggling of o.pium, morpb.iue, :rnd coca'ine is not confined ex­clW:Jlvely to !fhe Admii"ld Ilioo ''Steamers. To 't'.he contrary tt 'is genemny ·ndmttted tlmt n-areotie -drugs, in varying qumrtities, . rea:oh "Sellttl-e and other Puget Sountl 'Ports on J>racficaUy all wssels whreb looil ca:rgoos in tbe Orie:dt.

" GOOD PAY FOR CHINESE

" .That these .ship jobs we.re iuerative to Chinamen wllo -0au­descendcd to engage in the dope trade i8 Ql.lllde elea!r m -the con­..fession of .David .J. Tayl!)J;, held .on naMOtic charges heie. .The Chinam:pi known as n,umb& one hay, aooo:rdi~ to TaFlar, usually Wf&B trm11ted .aud .Paid by the dope d•g ·w .seae.te the .narcotics aboaoo ..shlps at Hongkong and -gWll"d the std )Sll.fel!f

until i,t .reached the dock here. "Customs .a~ts hav.e been infl»J}med in writing by naaift>t.iQS

agents that ,there .are 147 .tins of smeki-ng qpium that ;wB.f! thrown o1f a .ship last .De.cemhe.r, according ~o :Eay,lor's e&nf~sion.J stiH .in the ba~ ..at Smith .¢ove,

" 1t had ..been ~ported .sev.ei:al -tlay.s &g<> .t:ha.t ·&0-me 1<me IW.llS

. i dritgging ful· ·this opium, ..and n.arootics age..nts supp()sed the seM·ch­ers tG .be .custQJUS men. Check .of Fedel"al effiae6 .Y.esterciay, :how­~vr.r, disclosed .t.b1\t no . ~g1tnts .ot. the Govemment wiere .eng.ageu m ,the ;w·pr.k4 • .a.nu rthe iCQnelusion wa.s reacll-eQ ;that ' higB-ja.ckeins· ' m.ust b.e a.trem]ilting to &a.Iv.age .the Btutl'."

Mr. 'WilLLIS. Mr. Presil!lent, I ili~ike to -Oetain the Senate .for .uven 1l. moment, but I think it o'lllght not to act on se .impor­tant a matter without giving it thorough ~s1d-eratron. Tbere is .but ilittle that •can rbe adited to tfhe statement of faets made rby the ·Senat!O'r from Poo.nsy~v.ania f[M:r. 'REED].

This .matter was befooo the ·committee, .and many of the mem­bfil's of tihe oommd.tnre, I :am frank to 'SftY; 'B::re in agreement with .Jll!IRnf of the vrorisions -01' lth1s amendment ; hat, With one excep­.tiool, iI believe eviecy member of 1lhe ·commitree thuught it wa:s illnwlse·n@ <!Omplic~ the Immigration bill with '8. matter~ this .kmd, ipa:r.ticularly h iview of 1:be fact that the committee bad al!Dt had opporitmity tg go int-0 the •subject ivery •fully .

•

1924 CONGRESSIONAL RECORD-SEN ATE 6641

Mr. KING. Mr. President, will the Senator yield? Mr. KING. That is very much the same. The PRESIDING OFFIOER. Does the Senator from Ohio Mr. BROOKHART. Would that be · in issue or would there

yield to the Senator from Utah? be left the right to change that in conference? Mr. WILLIS. I yield. Mr. KING. · Yes; I think so. The whole thing would be in Mr. KING. The Senator knows that when the matter was conference, and the conferees could accept such parts of the

under consideration the committee at that time accepted the amendment I have offered as they pleased, or such parts of the gentlemen's agreement and had placed Japan under the provision of the House bill as they pleased. quota. The idea of exclusion, which is proposed to be effectu- Mr. LODGE. Mr. President, I find that I was misunder­atecl by the amendment to the pending bill, had not been stood. I thought I made the matter as clear as it could possi­accepted by the members of the committee. We have now in bly be made. the bill as perfected excluded certain orientals. This amend- The whole question is open in conference now because the meut now would be germane and pertinent, when at that time entire section covering alien seamen was stricken out here. there might have been some more serious objection to it. Oer- What came from the House is stricken out here; therefore it is _tainly the Senator will agree with me that the members of the an nmendment. The whole subject is thrown into conference, committee felt that legislation along this line was imperatively 1 and under our rules and practice that opens it to the conferees needed in order to cure the e\il which was manifest. to produce a new section which is base<.l on the House provision.

Mr. WILLIS. Tbut is correct. I think it is impossible to deal with this amendment intel-Mi~ . K~NG. A suggestion was made that we would have I.eg- ligently here. It is very complicated, and I hope the matter

islat10n m a separate measure, but now that we are dealing will be left to the conference committee. ~ith legislation on the subject seems to me to be the proper I tried to make it clear, but apparently I failed. time. l\Ir. BROOKHART. I think I understand the Senator's prop-

Mr. WILLIS. The Se~1ator from Utah ha~ stated the matter osition; but I was trying to develop whether or not it would be partly as .I understan~ it. .It was the feelmg ?f m~mbers of open to the same consideration in conference if we adopted th0 · the committee that this ~UbJect should be gone .mto m. a sepa- amendment of the Senator from Utah. rate bill. .The Senator will remember there was a partl~l he.ar- l\Ir. LODGE. Just the · same. Ing; but it was gene~ally ~nderstood that. before legislation l\Ir. FLETOHER. Undoubtedly. was undertaken o_n th1s subJect repr~sent3;tives of the .depart- l\Ir. KING. l\Ir. President, may I say to the Senator that I n;ient, represent~t1v.es o~ the Seamen s Umon, and represent!l- think the position of the Senator from Massachusetts is not tives. of the sh1ppmg mterests should. b~ fully ~onsulted m accurate parliamentarily. If we reject the amendment which I orde1 to wo~k out the features th:at were m question. . ham offered, we will then have only the House amendment, No~. I wish to. call the attention o~ the Senat~ be~ore ,tl?-e and we will have nothing at all.

vote _s had on this amendment to section (f), which read::s m l\lr. LODGE. It is not a House amendment. part: Mr. KING. Or, rather, the House provision.

No vessel shall enter a port or the United States, except in dish·ess, Mr. LODGE. We will have the House provision, and we wlll having on board as a member of the crew any alien who If he were have stricken it out, and that will throw the whole subject into applying for admission to the Uniteu States as an immigrant laborer conference. would be subject to exclusion under the Chinese exclusion laws. l\Ir. KING. I am not sure about that. We will have nothing

Under that provjsiou, if it shall be enacted into law, a British ship could not enter the port of San Francisco if it had on board one Ohinaman. I think that is rather a dangerous sort of a provision. It is unwise at the end of a long contest upon an immigration bill to vote into it something that ought to be very seriously considered. Personally, I am in favor of mucll of this amendment; and it was understood that the committee would meet and take up the matter, and it will take it up, I think, ancl work out a separate bill; but I do not believe we ought to lug this subject iu here. ·

affirmative to tender for the House provision. If we accept the amendment which I have offered, then the whole matter will be in conference, and we will have the affirmative matter in this bill and the affirmative matter in the House bill.

Mr. BROOKHART. That is exactly the .proposition upon which I desired to be enlightened.

l\lr. NORRIS. Mr. President, may I interrupt the Senator? The PRESIDING OFFIOER. Does the Senator from Iowa

yield to the Senator from Nebraska? l\Ir. BROOKHART. I yield; yes. l\lr. NOilRIS. If we want to get this all into conference--Mr. FLETOHER. May I ask the Senator a question?

Mr. LODGE. Mr. President--The PRESIDING OFFIOER. Does the Senator from

yield; and if so, to whom?

and it seems that that is about the only way to settle it-the Ollio only "\Vay to get the Senator's amend.ment into conference is

for the Senate to adopt it. If the Senate rejects the amend­ment of the Senator from Utah, it can not be in conference. Mr. WILLIS. I yield first to the Senator from Massachu­

setts. Mr. LODGE. I merely wish to make clear that what I de­

sired was that the matter should be considered by the confer­ence committee.

Mr. WILLIS. That is quite right. Mr. LODGE. It is open to the conference committee to deal

with the whole subject, in the way it now stan<.ls, because the entire section has been stricken out. That leaves it open to the conferees to deal with the whole subject.

Mr. WILLIS. That is true without the adoption of the amendment.

Mr. LODGE. What I do want to avoid and what I think we must provide against is a failure to pass any law about alien seamen. We must have some law on the subject, but I think the conferees will be perfectly able to deal with it.

Mr. FLE'l'OHER. Mr. President, I merely wish to suggest to the Senator from Ohio, in his own time, referring to ti.le sectioJJS which he mentioned, that if we are to enact a law providing that certain people shall be excluded, the way to enforce that law is to exclude them. Do not permit vessels of every country to come in here loaded down with immigrants, even though they are clas~ed as a part of the crew. If we do that, then we do n-0t exclude them.

SEVERAT, SENATORS. Vote! Mr .. BROOKHART. Mr. President, · I should like to ask the

Senator from Utah if the pro-visions of his amendment on the subject are identical with the provisions of the bill as it passed

• the House. Mr. KING. No; I will say to the Senator they are not; they

are more comprehensive than the provisions of the House bill. Mr. BROOKHART. Are any of them identical; for instance,

the landing-card provision?

•

l\lr. KING. That is right. l\lr. NORRIS. If we want to have it in conference, we ought

to adopt the amendment. It seems to me the suggestion made by the Senator from

Florida [l\1r. FLETCHER] is worthy of consideration. When for­eign vessels come in here with a lot of alien seamen, they has a right to quit the vessel when they land at a port of this country.

~Ir. WILLIS. They can not come in if this becomes the law. l\fr. NORRIS. Yes; they cnn send them back on another ship. Mr. WILLIS. But it says in section (f) that no ship shall

enter a port, and so forth. I read that to the Senator. l\fr. NORRIS. Then we will have that in conference, and

that may have to be modified. It seems to me it will have to be modified ; but if we are going to restrict immigration we cer­tainly do not want to permit foreign ships to land at our ports with a whole lot of seamen who are not entitled to admission. ·we can not let them quit, as the seamen's law provides they have a right to quit, because they will violate our immigration law if they come in~ If that is true, it seems to me we will violate our own immigration law by laying it wide open for a lot of seamen to come in and quit the employ of the foreign ships.

l\Ir. LODGE. Mr. President--'l'he PRESIDING OFE'IOER. Does the Senator yield to the

Senator from Massachusetts? Mr. NORRIS. I yield to the Senator. Mr. LODGE. I want to state, I believe correctly, the parlia­

mentary situation. The House passed the bill with certain clauses in it relating

to alien seamen. Those were stricken out by the Senate. Of course the House can recede, the Senate can recede and agree.

·.6642 · · oONGR~~JSSION.AL REOO~SENATE :'-- APRIL 1sl ~~~~~--~---...-.~----~~~~~~~~~~~~~~~--.-~~~~~~~~~~~~~~· ~----~-::_-~_.-~.y-·~o·.__~~~~~~~ J

to l'be House provision with tbat amendment, a.nd tbey can make any amendment they like.

Mr. NORRIS. Exactly. There is no doubt about that; but, at t:U.e ~ame time, the fact that we adopt tbe amendment offered by the Senator from Utah does not put it into the law. It is in conference. The House has not passed it and the conferees will have to pass on the question, and that is the only way to get it into conference.

Mr. KING. l\'.Ir. President, will the Senator yield? Mr. NORRIS. Yes. Mr. KING. The Senator from Massachusetts ls incorrect in

his statement. We have not amended the House bill at all. Tl1e House passed a bill. That bill has not been before our committee. This ii a bill which was originated in the com­mittee.

l\fr. NORRIS. Yes. Mr. KING. We have not had the House bill before the

Committee on Immigration of the Senate. Mr. LODGE. The Senator knows very well that we shall

substitute our bill for the House bill. Mr. KING. That is another question. Mr. LODGE. But that brings it into conferen('e. Mr. NORRIS. I understand that, Mr. President; but if there

is any merit in the amendment offered by the Senator from Utah-and it seems to me theire is; it ·strikes at a vital point, it seems to me-the way to get it into conference is to adopt it, and we can not get it into conference unless we do.

Mr. SPENCER. Mr. President, I sho.uld like to ask the Senatol" from Nebraska a question.

The PRESIDING OFFIOER. Does the Senator from Ne­. bra.ska yield to the Senator from Missouri?

l\1r. NORRIS. I yield to the Senator from Missouri. l\1r. SPENCER. If we pass the Senate bill without the

amendment offered by the Senator from Utah, and then substi­tute this bill for the House bill, as it is proposed to Clo., when that goes to conference does not that bring before the conferees the whole question of this article, which is different in this bill

· fro:r;n the provi.Sion in the House bill for which this llas been substituted, and does not that open the door to the conferees to take out the amendment of the Senator from Utah, if they

. like, -0r anything else? Mr. NORRIS. Then "rhat is the objection to putting the

, aruen-dment of the Seuator from Utah into the bill? l\Ir. SPENCER. The objection I see is that when the com-

. mittee considered the thing with care-which we can not, froiu the necessity of the case, give ta it here-the committee were unanimously in favor of what is in tl1is biil, with the exception of one or perhaps two members; and therefore I should be in­clined to, take their jmlgment.

Mr. NORRIS. All right. I have no fault to find with the Senator for taking it. He may be right; but in order to get the whole thing into conference we ought to, .adopt the amend­ment of the Senator from Utah. If the amendment of the Senator from Utah is not adopted, it is not in conference, be­cause the House bas not passed anything of that kind. 1f the Senator's statement is correct, if it w.ould be in couference any­way, then certainly there can be no objection to putting it on

. to. ~be bill and being sure that it is in conference. Mr. LODGE!. ;Mr. President, if the Senator will allow me a

mo1l;l.ent, if we substitute ,our bill for tl1e Rouse bill, and it then goes into conference, of course the two bills are both in conferenc~; but tlle House biU will not b.a.'1.e been nrnended on that point, and we shall have no dispute o\er the House pro-

. vision, b1lt a simple motion to ~trike out-which I assume the chairman, will make.-will carry all those sections into con-ference, especially. .

Mr. NORRIS. If we strike out an of the House bill, which I suppose is contemplated-- ·

Mr. LODGE. Oh, Yell!. M:r. NORRIS. And inSP . .l't this l;lill right ~Her tbe enactin~

c:ln,use. J:f there are any :r;>rovisions i:Q the :HoU+~ bill th:;lt are U1e. same as in the .SeQ.ate bill it will be the ~uty of the con­ferees t.o bi;-ing in the bill in that form. T~.at will not be in conference,. even though the whole subject may be in conference. Where the two a:ouses, pave agreecl on any $Ubje;ct upon t,he language that ls to be in the bill, even though there are two bills, they can not go outsi9e of that la:nguage anQ. pu~ 1n new

, langu~e. The only way tq get in anytping- new is for us to · put it in now.

Mr. REED of Pennsylvania. l\.'Ir. Pre...<\ident, will the Senator ,yield at tbut point?

The PRESIDTNG OFFICER. Does the Senator from Ne­oraska yield to the Senator from Pennsyl\ania?

1tfr. NORRIS. .Yes. · Mr. REE;D of Pennsylvania. In the Holliie bill, as it !1as

been received by us, and in the amend'ment offered oy the

I

Senator from Utah there is, for example, one paragraph whicb'.I I have noticed which is exactly the same in each. That is tha1

provision as to the printing of landing ·cards on distinctive1

paper, a purely subsidiary and unimportant provision; but, if I understand the duties of. the conferees, they will have to ac­cept that section, because it occurs here and it occurs in the House bill. Yet we are all agreed, with the exception of the Senator from Utah, that it is unwise at this time to introduce tbis landing-card provision in an immigration bill.

Mr. NORRIS. It may be that the Senator is correct. It there is some language in the amendment of the Senator from Utah that is the same as the language in the House bill, that would not be in · conference. I admit that.

l\lr. FLETCHER. I submit, if the Senator will yield, that it would all be in conference. Merely because an amendment of one body contains some sentences that are in the bill as passed by the other body, those sentences are not the law.

Mr. NORRIS. Oh, no; that would not necessarily throw it out of conference.

Mr. FLETCHER. It would be only a part of the bill~ Mr. NORRIS. But, as I understand it, the amendment of the

Senator from Utah contains a proposition whic~ while it may not be worked out, and conceding that it ought to be remodeled in some respects and will have to be worked out, is something of impo1·tance to relieve the situation of a great danger. Either we will be repealing the seamen's act or we will be repealing, in effect. some of the immigration bill, neither one of which I want to see done. So far as I am concerned, I want to preserve tl1e seamen's act, und I hate to have a great big hole shot into tlle immigration law. The way to m€et that contingency, if we are not going to take the time to work it out ourselves and want to have it worked out by the conferees, is to adopt the necessary amendment so that they will have authority to do it.

The PRESIDING OFFICER. The question is on the amend~ ment propo.sed by the Senator from Utah [Mr. KING].

On a division, the amendment was rejected. Mr. SPENCER. Mr. President, I offer the amendment· whicll

I send to the desk. The PRESIDING OFFICER. The amendment will be stated. Tbe READING CLERK. It is proposed to insert, after the

numerals "1917,,.,. on page 15, line 26, the following: Prodded, TJlat the Secretary of Labor may, under such conditions

und restrictions as to support and care as ~e· may deem necessary, permit pe.rmanently to remain in the United States any alien child wbo when under 16 years of age was temporarily admitted . to the unit.ea l:Hates and who is now within the United States and whose parents, or either of them, are American citizens.

Mr. SPENCER. Mr. President, I beg the Senate to listen for a moment to the facts which are back of this amendment.

In 1904 a Syrian eame to this country and came to Missouri. His name was N. F. Kalaf. Ile started in with a little Shop. As soon as he could become an American citizen, at the end of about five or five and a half years, he became an American . citizen. By his attention to duty he developed that store until now, in the Httle town of Meta, in Osage County, it is th~ largest department store there, and Mr. Kalaf is worth prob-ably $100,000. ·

As soon as he became a citizen, within a few years, and had acquired enough money, he sent over to Syria for his wife and Ms children~ Before he sent for them, the boy, Jacob Kalaf, who was then 13 years of age, was stricken with a ;fever which. left M:rn weak in mind .

Tbe mot)ler came over with that hoy weak in mind. The department admitted him, even in spite of his weakness, tem­porarily. His father has bad every care given to him, has employed physicians, and has put him into an institution. He is perfectly harmless an<l be is the idol of his father and hill> mother, but from the information I get he will never be any­thing but weak-minded.

The department had extended his temporary permit from ye::u· to year, until now they say that boy must go ba.ck to Syda. There is no one in Syria. to receive him. There ar& no relatives, left in Syria. The boy is feeble-minded, and the department agreed to wait until Congress acted ou such mat­ters, if Congress saw fit to act. From the information I can. get there are at least 12 such cases, aoo not over 34 in th&. U,n.Heu States. The amendment I have drawn, which l under­stand bas the general approval of the department, will, I think, safeguard any danger, and if the Senate approves it, it • seems to me it would be a wise thing to send it to conference.

The PRESIDING OFFICER. The question is on agreeing tO' the amendment offered by the Senator from Missouri f"1'r. sPENCEB}.

The amendment was agreed to. ·

f924 GONGRESSI-ON At1 REOORD-SEN A'TE 6643 Mr. KING. Mr. President, 1 invite the .attention of the

chairman of tbe committee, and also tbe attention of the Sena- 1

tor from ·Pennsylvania [Mr. REED], to this situation, if 'I may explain it briefly before offering an amendment ;

Under the existing statute there is a presumption ·of expatria­tion after a person has been absent from the Up.lted States for two years and fails to register. Many Americans not knowing of the statute and many caught in Europe during the war did not register. They seek readmission to the United States. Some buve come ·to the United States. In ·seeking readmission they .ave ~enied the usual courtesy ·and vises that are granted to American citi?:ens, because it is said that the 1

presumption of expatriation deprives them of all right that a citizen shou1d have. .

Then, -n'hen they return to the United States, the question 1

arises, even when they come in good :faith, as to whether they are American citizens and as to the effect df presumption Qf expatriation. Some o'f tbe courts have held -that they are not citizens; others have held that they are citizens, or, at any -rate, the former have held that the burden of proolf is upon them, and that it reqrures 'Vel'Y certain and clefinlfte -proof in ·oraer to es­tablish the fact that they a.re citizens of the· United 'Sta'tes. It is a serio11s situation, 1lnd it seems to me it ought to be dealt with, because many American citizens are ~aught now 'between · the upper and the nether minstones, so to speak. They -are not recognized as .A:merican citizens, and a-re aenied in ·some •in- r stances the advantages ·and p1•ivileges of American clt<izensbip. 1

To meet that ittuatlun I ·have "prepared the ·folloWing a:mend­ment, which I offer. I propose to 'insert n.rter line 7, -page 12 I d.f the 'bill, the following·:

fore I move that on page 1'3, line 13, the figure " 1910 " bo changed to read" 1890." That is necessary.

'The amendment was 8.c!l'feed to ... Mr. KING. I invited the Senator's attention to a matter ill~

either -day, nnd nlso called the n.ttention of the Senator from California to <it. ln the amendment which was adopted 1 :! ­

spectlng "exeluslon certain persons who would be exclu<:1ed nr~ permitted to -rome here for the 'Purpose of study if they :i1·:!

over 18 years of age. 1\Iy attention has been called by a n T:,1-

ber of fine American citizens, who are friends of ·the OhiueBe pa.i:ticular]y, to ,the fact that .the Ohinese -who come here to fon schools and colleges ordinarily come when they a;re 15 or J ,; or 17 years ot age. The Ohinese feel that they can better learu the language and cnn make better progress if they come :1 t that early age than if they wait until they are over 18 yeur.1 of nge. As I have been advised by :these estimable pe1'SOi1s, the majoi:ity of the mudents who come from China nre umtP1' 18 years of age, and few, if any, have come who are over rn years ·Of age.

I suggest to ·the Senator rthat 1it would be in the interest uf education, and would be a very friendly and a very proper act, to permit them to come in as students after they have reacher! the age of 15 ,years; in other words, to reduce the age from 1S to 113.

Ml.". REED o.f Pennsylvania. I concur in what the Seun,tor has sa.id, untl I -hope the Senators from Oallfor.iiia will meet us ·halfway on th.at, aud will a.gree to .allow the amendment to be changed wJUcll we inserted ao us to ~llow students to eom.e in .above the .age of 15. The reason it :was put ·at 18 in the amendment which I ofl'er.ed, to .earry out the .express intention

A viseed certificate to reenter the United States shall not be re- of the Senate. was that that was the figure fixed in the bill as quired of any naturalized citizen of the United States against whom a · it ·'.(>nssted 'the House. I agree with the 'Senator from Utah ·that presumption of expa.tJ.'iation had arisen 1>.v .reason of residence ·in .a it is too high, and 'I hope lflle Senators from Callfot•nia \vill foreign c.oun.tr.v, and upon his or h.er re.turn to the United States for agree ta ma'ke it 15. permanent residence the presumption of .expatriation which may have ' The P'R'ESIDiNG OFFICER. May the Chair -suggest t'hat arisen against such person sh.all cease to exist. that woll'td require -a reconsideration· bf the vote by wbich

l\Ir. REE0-0f P~:rmSj"tva.nia.. Mr. Presld~nt, 1 .am .not speaklilg ·the ·ame:rtdmen~ made as iii 'Comtnitte~ ·of the Whole :vas for tlre "W'lrnle committee, 'bttt only foc myself. I do not tllte r adopted. It \nll, however, ~ ·!3nbj~et .to -amendment in the this amendment, because Europe is full of Americans who have · Se~ate wit~~ a 1'eronisHlera~1on .df. the vote. . d-e11berately given 8J> tbeh' ..esUlence here :a;n.d !m~e re.tumed :to Mr. SH0RTRTDGE. It cnn not ·be amended in this form Europe, or haive ~ne to Europe to live, lintentling to stay there ! under~ present nle? , • . perman~tly. ~ the ·Cable law we gave them the priVilege ! Mr. Km~. I would tux"\"e t~ move ·a recons1dem-t1on <1f the O'f .registering showing thetr intention to remain .American citl- · v-Ote by 'Whi~h the nmeHdment was adopted. zens. If, in spite of their departure, and in spite -of that <lP'PO~ ; . T~e PR~smn.m OFFICER. . l't con~d only be done by n re­tttmli:ty 1!ol"' 'lleiBiltat-emeat iwhich w.e gn-ve them, thew- have 11.ot 1~s1derabon <>f ·tb.e ivote agreeing to the am~ndment, but it takien ad.va.nt~ ·of it ;yet. I think tl1e9 ought to be treated like · will be open Jo .ammdment when the bill ~ts into 1the Senate. fot~ers. 1

• Mr. REED of Pennsylvania.. If there is ~my ootibt abou.t l\Ir. KING. Wh011 thef have oo.turu.ed to the United States i it, I W?uld rather r ~ot lu:.~.ve a. debate Qver it now. We <'an

hit good f.a.i.tD. .an« established t.heir residence .assu.m.il.g that 1 amend I.t when fhe b1ll ts m tlbe Senate. they lost their !l'estdence by tb:eir tempor.ai;y '.sojourn .abr.o.a.d, 1 -move. ths!t the flgui·e " il.9H') " be ohanged to " 1890 " on does the Se:natot' thi.Jlk that it was Ill.tended by the Con.g.ress > page 14, hne ~· . that .the u;iresumption of expatriation should .be continued? l . The PREll3ID'ING .OFFI'OER. Without objecthm, ttre amend-

. .Mr~ REHJO of Pem1sylv.a11ia. I think .it was. If they .have . ment ,i-s agreed to. . once surrendered their citizenship so as to give rise to the · Mr. UNDERWOOD. Ur. Pl'esldent, I ""W'ill nsk fue Dhatr to presumption, .and have failed to take -advantage .of tlle Cable p1'lt the questloh in ~be 'flSUal way. There is objecUon to th~ la.w, I think the ;p;i·esumption ought to arlse. change, but I recogn100 t'hat the •matter has 'been decided. I clo

Mr. WIL'L!S. Wlll the Senator yield to me . for a question 7 1ndt care, ho.we~r. ro Iha~ lt 11ndetst1'od that tne change is l\fr. REED of Pennsylvania. l yield. mntle 'by ttna.ntmons •consent. l\lr. WILLIS. I call the attention of the 'Senator from ·The PRESIDING 'OFFICER. The <tUeStion fs on agreeing

Utah to the fact 'that ni.e 'a.wendment introduced by him does to the amendment offered by the Senator from Pennsylvania. not 'provide that they must have returned here ancr established The amendment was agreed Ito. their residence; 1t ~Imply i>rovides that they -shall .regain · Mr. REED of PennsYJ.vama. I move that, on J)age U, line their cttizenshlp upon their return here. They go abroad and , 13, we strike ,ou't-the fignre "1910.,, and insert the tigure "1890." lose their eitlzenshi_p, and the Senator seeks to provide that The PRESIDING OOFt-CER. The question is on agreeing when they tome back the presumption shall no longer be to the amendment proposed by the Senator from Pennsylvania. against them. I think this amendment ought to be defeated. · The .amendment was agreed to.

Mr. RING. Will the Senator permit an interruption? Mr. REED o0f Pennsylvania. On page 14, line 20, I move to Mr. WILLIS. Oertain'ly. strike out the figure "1910" and insert the figure" 1890." l\Ir. KING. I deny that by golng abroad they lose their 1 The PRESIDING OFFIOER. The question is on agreeing to

citizenship. the amendment offered by the Senator from Pennsylvania. Mr. WILLIS. But wl1en they ll.nve lost it-- 1 The amendment ·was agreed to. l\fr. KING. I deny tllat 'they lose it. Merely ·a presumption Mr. REED or Pennsylvania. On page 23, ntter line 22, I nm

of expatriation arises, and I deny tltat under the law they could about to propose an amendment, and I want 'to S..'lY a word of lose their citizenship. The mere fact that there is a presump- 1 explanation regarding it. I shall be very brief. tion of expatriation is not equivalent to a loss of their citizen- At tbe present time the custom is that tbe United States sup· ship. plies blank manifests to all vessels coming into our ports. It

·"The PRESIDING 'OFTICER. The question is on agreeing 1 we did not do that, they would ha\e to lJl'epnte thei.r own mani· to the amendment offered by the 'Senator from Utah [M~. fests on some form or other. The only purpose Ju om giving Krna]. 1 them the manifests is to haYe them all in the ~a'l.ne consistent

The amendment was rejected. form, but properly they ought to pny fo1· them. 'Therefor!:' I l\fr. REED of Pennsylvania. Mr. President, 1 have a f~w propose an -amendment, wh'ch will JinYe rhe effect of provi(Jiu~

amernlments to perfect the bill in uccordanee with the inten- for our sale of those manifests to the YP~.:::-Pl~. It nmkP:.; a tiolls of the Senate, 11.lreucly declared. For e~amp'le, the Senate difference of $7,000 u. yenr to the fl'nitetl Stiite.s. I phi111•~~t> tln.i has auoptell the 1890 census as a basis for tlle quotas. T·here- amendmeut which I send to th' L1t>sk.

•

6644 CONGRESSIONAL RECORD-SENATE APRIL 18

The PRESIDING OFFICER. The Secretary will state the amendment.

The READING CLERK. On page 23, after line 22, the Senator from Pennsylvania proposes to add the following subsection:

(b) The Public Printer is hereby empowered, authorized, and directed to print and keep on sale blank forms of manifests and crew lists to be prescribed by the Secretary of Labor pursuant to the provisions of sections 12, 13, 14, and 36 of the immigration act of February 5, 1917.

The amenclment was agreed to. Mr. REED of Pennsylvania. The bill as reported from the

committee provides that in any proceeding under the immigra­tion laws the burden of proving the right of an alien to admis­sion here shall be on the alien. That is a little bit too broad. It seems to me the provision in the bill as it passed the House is very much better, and therefore I propose the following amendment, to be inserted on page 25.

The PRESIDING OFFICER. The Secretary will state the amendment.

The READING CLERK. On page 25 the Senator from Pennsyl­vania proposes to strike out lines 13 to 16, inclusive, and to insert:

Smic. 18. Whenever any allen attempts to enter the United Stateis the burden of proof shall be upon such alien to establish that he is not subject to exclusion under any provision of the immigration laws; and in any deportation proceeding against any alien the burden of proof shall be upon such alien to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigration certificate, if any, or of other documents concerning such entry, in the custody of the Department of Labor.

Mr. NORRIS. Mr. President, I want to ask a question of th'e Senator from Pennsylvania about that amendment. If we are going to deport anybody, we must not put the burden of proof on him to show that he ought not to be deported. Does this amendment provide that in case the Government of the United States desires to deport an alien who is a resident of the United States the burden of proof shall be on the alien?

Mr. REED of Pennsylvania. The bill as reported from the committee does just that. and we thought it was unfair. So we propose to change it by this amendment so as to provide that in deportation proceedings the burden of proof shall be on the alien to show that he entered lawfully. Then the burden of proof would shift to the Government.

Mr. NORRIS. I did ·not understand it t)lat way. If that ls what the amendment provides, I am in favor of tt.

Mr. REED of Pennsylvania. That is the exact effect of it. The amendment was agreed to. Mr. REED of Pennsylvania. Mr. President, I have one final

amendment caused by the insertion of the Japanese exclusion clauses. On the last page of the bill, page 36, it is provided tbat section 10 shall take effect on July 1, 1924. We have added two subdivisions to section 10 dealing with the Japanese. If the application of those provisions is postponed to July 1 we

_ may have unpleasant consequences in the meantime. Therefore I propose an amendment to limit that postponement of the original section to section 10. Thereupon the Japanese sections will take effect immediately upon the· enactment of the measure

·into law. That is accomplished on page 36, line 3, after the words "and subdivision (b) of section 8,'' by inserting the words " and subdivisions (a) and ( b) of section 10."

The PRESIDING OFFICER. The amendment will be stated. The READING CLERK. On page 36, line 3, after the numeral

"8," insert "and' subdivisions (a) and (b) of section 10," so as to make the clause read :

(a) Sections 2, 10, 11, 12, and 13, and subdivision (b) of section 8 nnd subdivisions (a) and (b) of section 10, shall take effect on July 1, 1924.

And so forth. The amendment was agreed to. l\Ir. REED of Pennsylvania. I now move that on page 36,

line 2, the numeral "10 " be stricken out. The PRESIDING OFFICER. The amendment will be stated. The READING CLERK. On page 36, line 2, strike out the

numeral " 10." The amendment was agreed to. l\Ir. REED of Pennsylvania. In the same line I move to

strike out the final word "and." The PRESIDING OFFICER. The amendment will be stated. The READING CLERK. On page 36, line 2, strike out the final

word "and." · The amendment was agreed to.

Mr. HEF:LIN. Mr. President, I have an amendment that I desire to offer. It provides for exclusion of all immigrants for a period of two years. The amendment offered by the Senator from Georgia [l\1r. HARRIS] would have excluded them for a period of five years. I am proposing exclusion for a period of two years.

The PRESIDING OFFICER. The amendment will be stated. The READING CLERK. On page 12, strike out .lines 9 to 22, and

insert the following : That for tbe !>('riod of two years, beginning 60 days after the passage

of this act, the immigration of aliens into the United States is pro-hibited. '

The PRESIDING OF:E'ICER. The question is on agreeing to the amendment of the Senator from Alabama [Mr. HEFLIN].

The amendment was rejected. The PRESIDING OFFICER. If there are no further amend­

ments as in Committee of the Whole, the bill will be reported to the Senate.

'l'he bill was reported to the Senate as amended. Mr. KING. I desire a separate vote on the provision that

was inserted on page· 15, after line 17. The PRESIDING OFFICER. The Chair has a memoran­

dum handed him by the Clerk. It states that the Senator from Utah asks for a separate vote on the provision inserted on page 15, after line 17, and on the amendment on page 35, after line 15, relating to overpayment of inspectors.

Mr. KING. I shall not ask for a separate vote on the latter, but merely on the former amendment.

The PRESIDING OFFICER. The Japanese exclusion amendment, the Chair understands, is the only one on "Which a sepamte vote is asked.

Mr. KING. It is. -The PRESIDING OFFICER. The question is, Shall all the

other amendments, with that exception, made as in Committee of the Whole be concurred in?

The amendments were concurred in. Mr. KING. Now, if the Senator from Pennsylvania will

make the motion, I shall be glad to strike out " 18 " and insert "15."

Mr. REED of Pennsylvania. That amendment has been in­serted in Committee of the Whole in paragraph (C), after line 17, page 15. I move that in the last clause of that inserted paragraph the numerals " 18 " be stricken out and the numer­als " 15 " inserted.

Mr. SHORTRIDGE. Mr. President, I have conferred with Mr. JOHNSON of the House in respect of this particular matter. He advises me that after very careful consideration of the whole point the House committee deliberately fixed the age at 18. I have not the time to give those reasons. It was after careful consideration. Manifestly the Senate has voted once or twice or more times and in a sense expressed its approval of the age limit of 18. There are many reasons which l\Ir. JOHNSON assigned for fixing the age as it is in the bill. I hope the amend­ment will not prevail.

The PRESIDING OFFICER. The question is on agreeing to the amendment offered by the Senator from Pennsylvania to the amendment made as in Committee of the Whole.

The amendment to the amendment was agreed to. The amendment as amended was concurred in. Mr. REED of Pennsylvania. After the bill is passed I pro­

pose to move it as a substitute for House bill 7995. The PRESIDING OFFICER. The Chair suggests that now

is a good time to take up the House bill. Mr. REED of Pennsylvania. Very well; I ask that the

Senate proceed to its consideration. The Senate, as in Committee of the Whole, proceeded to con­

sider the bill (H. R. 7995) to limit the immigration of aliens into the United States, and for other purposes.

Mr. REED of Pennsylvania. I move that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the provisions of Senate bill 2576, as amended.

The PRESIDING OFFICER. The question is on agreeing to the amendment proposed by the Senator from Pennsylvania.

Mr. ROBINSON. I ·ask the Senator from Pennsylvania to state in what important particulars the House bill differs from the Senate bill as it has been perfected by the action of the S'enate? My recollection is that with respect to the quota and the basis for the quota and the so-called Japanese exclusion amendment the two bills are substantially the same. In what important particulars do the bills now differ?

Mr. REED of Pennsylvania. I am very glad to answer that and I think I can do it very briefly. There are five important

points of differenee between t1ie H'ouse bill' and the Senate. (3)' 1i.i~ occupirtibn; and' (4) such· additional lhf<>'rmatlon as tbe Secre· bii1 as we have passed' it: tary-' oj! Slate and' the· Seeretal."1' at Labor shall' by regulations- preS'Cribe

The first difference is tliat ou;r system of vis~ certifi'ca:tes- as • neeeSS&l'J" tlo• th9"'proper• en'farcemen~ of tbe itnmi.gt"lltion lawg an"d-1 entirely replaces the present m.etl'l.ocf' of stampihg vis~s on tti.e ·natu'l'alization-18.ws. passports: That is for the purpose. of' making; it a purely- (b' The· immigrant shall t'urni-sb a · copy of his photograph ti>' the• diplomatic· function. We feel that our :glan is more supportablQ consular· offieer, which· eltall be permanently attached ' by the consu'la:r · under international law tlian is tlur immigration certificate officer to the visa certiffcate. plan provided for under the House bill. The mechanics of, ('<!) 'I1he· vallfilty ot'a visa certificate· shall expire at the end or · SU'Ch the thing are sutlstantiall'y the same and the• end· to be attained period, speciiled ' in tliei certificate, not exceedibg six months, as shall be­i!J substantially tlle sa.m~; by regulations prescribed. In the case of an immigrant arriving itr tl1'&'

The rrext difference-and it is 1h my judgment the most Im• United States by wa~ or arriving! by wate1" 1Jr foreign contiguous pertant'-is that; the House bilT provides for a large group o~ territory on, a . continuous. 'i'toyage t-0 the United Staree1 lt th& vesael, what are1 called mmquata immigrants. They· aire said to be~ before the expiration, of the v~lidity of bis certj.1icate1 departed· from. ~h~ the- relative& of' .A!meri~llil citizens-, children, parents, hueband; port outside the United States and outside foreign contiguous . teri:lt<>rJ!­or wife of ' an .Amler:iean• citizen~ Of course, it will be under- at. which the immigrant embarked, and it the immigrant pro~eeds o.ni a stoed that under· the Etouse bill1 an alien who testiftes that he continuous voyage, to .the. Un.ited States!' then,, reg11rdloss1 of. the time, of. iSt the •parent or spouse on ·chlld ot: an• .American citizen cheats-' his. arrival in the. United. States, t)le validity- of, his ce.i:titlcate shall .not us- if he il31 fraudulent. l!Jnd~r- 011r· bill those same people have1 he. considered . tQ have exwred. . . a preference; but- within• the quota, so• that if there· is any fraud.1 ( d) No such immigrant , shall be reqµired. by any, law· m- regulation.lh tiley are cheating some• national> ofl the same· group and' they to secure any other. visa , of his na.ssport by a. consular. omcer befor~ are not cheating the lJ'nited States. being permitted to enter the United States. tban tbe. visa, certificata

Mr. RGBINSON.. Then~. 1f. L understand the: Senato1 ... cor- issued under tbis, act~. neatly, the Senate. bill is, actually mar.a restrictive· than. the (e) Th.e manifes.t oi: list of passeng~s reqµi.I:cd by tba imxulgratlon., Bouse bill? laws. ahall contain a place for e,nterin~ thei:eon the date, place of issu-

Mr., REED of Uennsylvania.. Very muah moi:e so, so mu.ch. ance, and number. ol the visa cert1.ftcate of ea.ch. immigrant. The immi­so that I think it. is safe to say that. 2 I)er cent. on the 189Q grant shall. surrender Iils, visa certificate to . the imm.i~tlon omcer a~ llasis, as. provided in the House bill, will admit twice a.s many. tbe port of entry, _ who sball at the time of insP,ection indorse on the, inµnigrants. as 2 nar cent on the.basis, o:f. the 1800 census. would certltrcate the date. the p_ort of entry and the name. of the vessel. it. admit under the Senate bill. any, on which the immigrant arrived. . The visa., certificate shall be;

In ad.ditlon to t.he r-elativea. wJwm the. House bill admits out- transmitted forthwith. by the immigratlon omcer in. charge at the. po.rt. side of the quota it also a.dmLts, a . lot of &killed ~abor which.. of' 1ll1lpection to the Department of Labor un.der re~hitlons. ~rescribed. can coma in outside of, the quuta; and' riot only that, but it , by the Secretary of. Labor. · admits an: the relativ.es of the skilted labor, too, and. provide~. (f) No visa certificate shall be i'Ssued to an immigra.nt it facts that they a:ce, outside of the quota. are stated in hi,s application. or in the, papers submitted ' therewith,.

Mr. ROBINSON. Under tJie Senate .bill all immigrants m~,t: from which . it . ~ppears that Ile is inadmissible to the United States he admitted· unde:r; too quota? under the immigration faws, nor sball such certificate . be issued J1 the.

Mr. REED of Pennsylvania. Aosolutely every. nerson. who is application fails to comply; with. the provisions of tliis act, nor shall" admitted is within the quota, except one of the Pan American such certificate be issued it the consular ofltcer knows nr has reason group on this hemisphere. Every person who comes to stay. to belihe that the· immigrant is inadmissibte to the United States is under the quota. That is- the second point of difference. ' under the immigration laws.

Then there is a difference in regard to the alien-seamen ques- (g) ' Nothing in this act sliall be c®strued to, entitle an i.mmigrant tlon, w.hich has been explained and wliich. r do not . need to to whom a vi'sa cerU.ficate has been is~med' to enter the United take the time again to explain. Sta:ttis; if, upon 'atrival' at' the'· port of inspection, ' :fie is found. to b~

Next is. the national-origin amendment If Senators. have inad~issible to the United States unde.r the im.mig;ration ,Jaws. Tlle tlie time tliey wi11 find. the three methodf:l contrasted in the sutisfance of tlii su'tldiYlsibn 'shall be printed .conspicuously upon. CONGRESSIONAL RECORD, and' r sball not stop to refer to that. every visa certffie'ate. now. S,uffice it to sa~ that the I,>.resent law admits 357,000,, the · (h.) A fee of $8 shall be charged for the iss1,1.Rnce ot each vJsa. cel'­House tmr would admit 161,000, with as many more out.side o+, tificate, which shall be covered il),to the Treasu1-·y as mJscellancolfl the. qµota, and· the national-orJgin method would admit not to, receipts. · exceecl.150',000: DEFJNI'NON· OJI' .. IiMMIGB.A:wr,"

l\fr. ROBINSON. Can the Senator state .briefly what is the difference respecting alien seamen .between the two biIIs?, SE~. 3• When used .tn tbiB1 act tho term· '' immigra.nt ·~ means• anT

Mr. REED of' Pennsylv.ani'a. The difference is as wide as alien departing from any place outsidei the· United Staite11 ctestined f():e can tie: The House undertaltes to regulate it by a method. the United States, arceptJ (l)• a> Go-ve:rnment offiei8!l, his family, which we have found in committee is not satisfactory to tlie Sea- attendants1 .. ~vants, !in.d emplb:vees1 (2) an· alien· 'V'l&ltlng• tl1e l'Jnitedl men's Union and is n@t' satisfactory.- to•the immigration authori- S>tlates temporarily ae &i murist or temporarl1:¥ ~- business, study, or ties of this Gov.ernment. The. stea.m~hlp , co;mpanles cdticiza. it pleasure, ( 3)1 an· alien, iill ~oll'tinuous: tl'amfit mrougli th~ United Sita tes; but not quite so s.everely. W,e lett it .out because w,e thOught it (14~ an alien• lawftllly. admitted • to the! Unitedl States who l'ater g-oes was a contentious subject that. ought t<t be dealt. with in a sepa.~ ill transit fromi one put of the·- Unitoo Stat-es to anorner through! rate bill that was fully considered. ~sit now stan,ds,, the matter- foreign contiguous territory, (5) a bona fide alien sea·man serving goes to conference and will have full consideration in. eon- as such. ou a vessel arriving lrt a · p0rt of the l!Tnited States1 and seek­fexence~ ing tu enter tamporarily• the • United State'S• solely in· the pursuit' of

The final, or fifth, point of dUierence is that we liave inserted · his calling as a seaman, (6) an alien previously lawfully· admitted tlie Simmons: amendment providing fo:r: I)ref.er.ence within the t& the l;l'nited( States, who is returning from a temporary visit· abroad, quota for agricultural laborats. There is no s.uch preference (T)' an alien· entitl!!d· to enter- tlle- United' Sta~s solely to cnrr-:r on given under the House bill. trade under and in pursuance of the provisions of a present existing -

The PRESIDING OFFICER The question is on. agreei~ treaty of commerce and naTigatibn; and (8) an allen• who is eligible to the amendment offered by the Senator from Pennsylvania t.o citizenship in1 the~ United States andi w.ho was born in th& Domin­to strike out all' after the. enac.ting clause and insert Senate i1:1;o. ot Canada, Newfoundland, the Repulllk:l r of Mexico, Cuba• ol' Haiti, Dill 2570 as amended: I th.e r Dominican Republic; the countries1 ot G.entml< or- Southt America,

The amendment .was agreed to,. as fcillows: o.it ther c.olonies . of depend!en.aies:• ot Enropean countries in central Strike out all after the enacting clause of House bill 7995 America or South America• and hl!ti wife, and his· unmarried chitdreB<

and inser:t: 1 • • und~n- .21 . yaal'l'I of age, 1f a~company.ln&"" o:e folfuw.inll! t;o . join him. No pei:son;. who. is not within aDJ'I af: ,the e11Ceptions epecifi@dl iil! thta

T.hat: this aot JDny. be- citedt as-, the· " Immigration a.-et 06' 19'24." _,.ectdon1 aball be excepted bl~llll the quo1ll! resmotions cooated by th.ta vrs• CERTIFICATES a.ct by r.eason. o:ft rela~ionsblp U>1 any• person· Wlb:o~ iSJ soi exeep.ted or1 b:p ·

SEC. 2. (a) A consula-r officer upon the application of anl' immigrant' i:ea.son. of belng ex:cepted1 from _th.8 1 Qpera.tion of" any othei:- la:w reg& (m; defibed· ih section 3Y may (und·er tlie conditions ltereinafter pre- la,1:9.ng or forbidding immlgJ"a.tion. , scribed and subject to the Umit~tions. prescribed' in tliis act or regula- SEC. 4:. In tba issuance of, visa eertiHc~s. p:reference shall b& glye11 tions made- thereund~r as to the number of' visa certtflcates which may to ra.n immigrant. wh<>- is the· unmarried child: nnder- 21> yeua ot age1

be issued by such officer) issue to such immigrant a vi'sa certificate father art mli>theD O'Vler 55 yenns, of age., the busbandJ o:r the wtfe, of' a which- shall specify ('f) his nattonaUty·; (2) his name, age, ·sex, ra'Ce, cltizell of the United: · States and' personal description (including height, complexion, color of hair (c) Whenever· the 1agisla.tnre or the gove11n'Ol'! ·err· a Stitte· makes · &

and eyes, and marks of identitlcation) ; the date and' place· ot ll.is neques:tr Gf·tlJe, SeeretMy· ot1 Labor• for.• skilled! fal!mt labore11&ol' fo1.1 elilled birth, and' Uiit last residence• i'n the· country from whicli: lie come~i :famun:a w.ho nre 1 exi>ert fD.i aguonoru~, fomstriy, honticultul.'8, or animal

6646 CONGRESSIONAL RECORD-SENATE .APRIL 18

busbandry, of any natlonallty, for the purpose of filJlng a specific· need in that State, the Secretary of Labor, with the Secretary of Agricultur~, may make a review of the situation, and upon their approval, in the issuance of immigration visa certificates, preference shall next be glven by the consuls to skilled farmers and experienced farm laborers, to meet such demand subject to such regu.lations as will insure that they go to the specilied locations where the demand exists.

'l'he preference provided in (c) of this section shall not, in the case of any one countl'y, exceed 25 per cent of the quota allotted to such country.

APPLICATION FOR VISA CERTIFICATE

SEC. 5. (a) Every immigrant applying for a visa certlllcate shall make appllcatlon therefor in duplicate in such form as shall be by regulations prescribed.

(b) In the application the immigrant shall state (1) the immi­grant's full and true name; age, sex, and race; the date and place of birth; places o! residence for the five years immediately preced.ing his appllcatlon ; whether married or single, and ' the names and places of residence of wife or husband and minor. children, if any ; calling or occupation ; personal description (including height, complexion, color of hair and eyes, and marks of identification) ; ability to speak, rend, and write; names and addresses of parents, and if neither _parent living, then the n.ame and address of his nearest relative in the coun­try from which he comes; pert of entry into the United States; final destination, if any, beyond the port of entry; whether he has a ticket through to such final destination; whether going to Join a rela­tive or friend, and, if so, what relative or friend an~ his name and complete address ; the purpose for which he is going to the t:nited States; the length of time he Intends to remain in the United 8tates; whether or not he inteuds to abide in the Unietd States penn:mently; whether ever In prison or almshouse; whether. he or either of his parents has ever been in an institution , or hospital for the care and treatment of the Insane; and (2) such additional infor~a.tion ~s the Secretary of State and the Secretary of Labor shall by regulations prescril,)e as necessary to the proper enforcement of the immigration Jaws and the naturalization laws.

(c) The immigrant shall furnish if available, to the consular officer, with his appl~cation, copies of his "dossier" and prison re'"cord and military record, if any, a certified copy of his birth certificate and copies of all other avaiJable public records concerning him kept by the Government to wllich he owes allegiance. The documents so furnished shall be permanently attached to the application and become a part thereof.

(d) In the appllcation the immigrant shall also state (to such ex­tent as shall be by regulations prescribed) whether or not be is a member of each class of .individuals excluded from admission to the United States under the immigration laws; and such classes shall be stated OD the blank in such form ·as shall be by regulations prescribed.

(e) If the immigrant is unable to state that he does not come within any of the excluded classes, but claims to be for any legal reason e;xempt from exclusion, he shall state fully in the application the greunds for such alleged exemption.

(f) The application shall be signed by the immigrant in the presence of the consular officer, and verified by the oath of .the immigrant, ad­ministered by the consular office1·, and shall be pe"rmanently attached to the visa certificate at the time of issuance and become a part thereof, and the copy of the application shall forthwith be transmitted by the consular officer to the Secretary of State for delivery to the Secretary of Labor.

(g) In the case of an immigrant under 18 years of age the applica­tion may be made and verified by such individuals as shall be by regulations prescribed.

(h) A fee of $2 shall be charged for the furnishing of each appli­cation, which shall be covered into the Treasury as miscellaneous receipts.

ISSUANCE OF CERTIFICATES TO RELATIVES

SEC. 6. (a) In case of any immigrant claiming in his application for a visa ce•tiflcate to be entitled to preference by reason· of relationship to an American citizen under the provisions of section ._., the consular omcer shall not grant such preference until he has been authorized to do so as hereinafter in this section provided.

(b) Any citizen of the United States claiming that any immigrant ls his relative, and that such immigrant is within the provisions of section 4, may file with the Commissioner General a petition in such form as. may be by regulations prescribed, stating (1) the petitioner's name and address; (2) if a citizen by birth, the date and place of his birth; (3) if a naturalized citizen, the date and place of bis admission to citizen­ship and the number of his certificate, if any ; ( 4) the name and address of his employer or the address of his place of business or occupation if he is not an eoployee; (5) the degree of the relationship of the immi­grant for whom such petition is made, and the names of all the places where such immigrant has resided prior to and at the time when the petition ts filed; (6) that the petitioner is able to and will support the immigrant if .necessary to prevent such immigrant from becomirig 8

public charge; and (7) such additional information as the Secretary of Labor shall by regulations prescribe as necessary to the proper enforce­ment of the immigration laws and the naturalization laws.

(c) The petition shall be made under oath before any individual having power to administer oaths, and shall be supported by any documentary evidence required by regulations prescribed under this act. Application may be made in the same petition for admission of more than one individual.

ld) The petition shall be acC'ompanied by the statements of two or more responsible citizens of the United States, to whom the petitioner has been personally known for at least one year, that to the best of their knowledge and belief the statements made in the petition a:r:e true and that the petitioner is a responsible individual able to support the immigrant or immigrants for whose admission application is made. These statements shall I.le attested in the same way as the petition.

(e) If the Commissioner General finds the facts stated in the petition to be true, and that the immigrant in respect of whom the petition is mad_e is entitled to preference under section 4, he shall inform the Sec­retary of State of his decision and the Secretary of State shall then authorize the consular officer with whom the application for the visa· certificate has been filed to _grant the preference.

PERl\IIT TO RE.ENTER UNITED STATES AFTER TlllMPORARY ABSENCE

SEC. 7. (a) Any alien about to depart temporarily from the United States may make appllcation to the Commis§;ioner General for a permit to reenter the United States, stating the length oi his intended absence and the reasons therefor. ~uch application shall be made under oath, and shall I.le in such form and contain such information as may be by regulations prescribed, and !.'hall be accompanied by two copies of the applicant's photograph.

(b) If the Commissioner General finds that the alien has been legally admitted to the United States, ~d that the appllcat..loB is _made in good faith, he shall issue the permit, specifying therein the le11gth ot time, not exceeding one year, durfog which it shall be valid. The .permit shall be in such form ns shall be by regulations prescribed and shall have permanently attached thereto the photograph of the alien to whom issued, together with such other matter as may be deemed necessary for the complete identification of the alien.

(c) On good cause shown 'the validity of the permit may be extended for such period or periods, not exceeding six months each, and under such conditions as shall be by regulations prescribed.

(d) For the issuance of the permit, and for each extension thereof; there shall be paid a fee of $6, which shall be covered into the Treasury as miscellaneous receipts.

(e) Upon the return of the alien to the United States the permit shall be surrendered to the im~igration officer at the port of iuspec­tion.

(f) A permit issued under this section shall have no etrect under the immigration laws, except to show that the alien to whom it ls issued is returni:ug from a temporary visit abroad ; but nothing in this section shall be construed as making such permit the exclusive means of estab-lishing that the alien is so returning. . '

(g) No such returning alien, having a permit issued under this sec-1 tlon, sh.all be required to pay a greater fee than $2 for a visa of his ~assport by an American consular officer.

PERCENTAGE LIMITATIONS

SEC. 8. (a) The annual "quota" of any nationality shall be 2 per cent of the number of foreign-born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum quota of any nationality shall be 100.

(b) There shall be issued to immigrants of any nationality (1) no more visa certificates in any fiscal year than the quota for such nationality, and (2) in any calendar month ot any fiscal year 110

more visa certificates than one:twelfth of the annual quota for such nationality, except that if such quota is less than 300 the number to be issued in any calendar month shall be prescribed by the Com­missioner General, with the approval of the Secretary of Labor, but the total number to be issued during the. fiscal year shall not be in excess of the quota for such nationality.

On or before March 4, 1926, the Secretary of State, tlie Secretary of Commerce, and the Seeretary ot Labor shall jointly make an esti­mate showing as nearly as may be the several national ori1?ins· r.f the persons who in 1920 comprised the whole population of continental United States, excepting the descendants of such persons as were involuntary immigrants into the territory now included therein. In the preparation of such estimate the said officers are authorized to call for Information and expert assistance from the Bureau of the Census, an<,l . to reecive and utilize any information that may be available from other sources. .

After July 1, 1927, the maximum total number of immigrants that shall be admitted into the United States in each fiscal year shall, unless the Congress shall in the interim provide otherwise, be 150,000, and the annual quota of ~ach nationality shall bear the same ratio to said

1924 CONGRESSIONAL RECORD-SENATE 6647 mn.ximum total number of immigrants as the number of inhabitants of the United States having that national origin shall bear to the whole number of inhabitants other than the descendants of involuntary im· migrants. On or before April 1, 1927, said officials shall, jointly, pro­claim and make known the quotas of each nationality, determined as aforesaid, and thereafter the said quotas shall continue with the same effect as if specifically stated herein, and shall be subject to correction and readjustment only if it shall be made to appear, to the satisfac­tion of said officials, that an error of fact has occurred in said esti· mate or in · said proclamation.

NATIONALITY

SEC. 9. (a) For the purposes of this act nationality shall be deter­mined by country of b\rth, treating as separate countries the colonies, self-governing dominions, or dependencies for which separate enumera­tion was made in the United States census of 1890; except that (1) the nationality of a child under 21 years of age, not born in the United States, accompanied by either or both of its alien parents, may be determined by the country of birth of either accompanying parent, if such parent is entitled to .a visa certificate; and (2) if a wife ls of a dill'erent nationality from her alien husband and the en­tire number of visa certificates which may be issued to immigrants of her nationality for the calendar month l}as already been issued, her nationality may be determined by the country of birth of her husband if she is accompanying him and he is entitled to a visa certificate.

(b) The Secretary of State, the Secretary of Commerce, and the Secretary of Labor, jointly shall, as soon as feasible after the enact­ment of this act, prepare a statement showing the number of indi­viduals of the various nationalities resident in continental United States as determined by the United States census of 1890 (including separate estimates f0<r countries for which a separate enumeration was not recorded in said census), which statement shall be the populatic>n basis for the purposes of this act. In case of changes in political boundaries in foreign countries occurring subsequent to 1890 and re­sulting (1) in the creation of new countries, the governments of which are recognized by the United States, or in the establishment of self­governing dominions, or (2) in the surrender or transfer of territory from one country to another, such officials, jointly, shall estimate the number of individuals resident in cllntinental United States in 1890 who were born within the area included in such new countries or in such territory so transferred, and . revise the population basis as to each country involved in such change of political boundary. For the purpose ·of such revision and for the purposes of this act generally) aliens born in the area incluued 1n any such new country shall be con­sidered as having been born in such country, and aliens born in any territory so transfen·ed shall be considered as having been born in the country to which such territory was transferred.

EXCLUSION FROM UNITED STATES

SEC.· 10. (a) No immigrant shall be admitted to the United States unless he (1) has an unexpired vise certificate or was born subsequent to the issuance of the vise certificate of the accompanying parent, (2) ls of the nationality specified therein, and (3) is otherwise admissible under the immigration laws.

(b) An immigrant who has been legally admitted to the United States and who departs therefrom temporarily Rt frequent intervals may be admitted to the United States, under such conditions as may be by regulations prescribed, without being required to obtain a visa certificate in respect of each entry into the United States.

( c) No alien ineligible to citizenship shall be admitted to the United States unless such alien (1) is admissible as a nonimmigrant under the provisions of section 3; or (2) unless such alien is an immigrant who continuously for at least two years immediately preceding the time of his application for admission to the United States has been, and who seeks to enter the United States solely for the purpose of, carrying on the vocation of minister of any religious denomination, or professor of a college, academy, seminary, or university; or (3) unless such alien is an immigrant who is a bona fide student over 15 years of age and who seeks to e:titer the United States solely for the purpose of study at an accredited school, college, academy, seminary, or uni·

·versity, particularly designated by him and approved by the Secre­tary of Labor ; or ( 4) unless such alien is the wife or the unmarried child under 18 years of age of an immigrant admissible under subdi­vision (2) of this paragraph and is accompanying or following to join .him.

DllPORTATION

SEC. 11. Any alien who at any time after entering the United States is found to have been at the time of entry not entitled under this act to enter the United States, or to have remained therein for a longer time than permitted under this act or regulations made thereunder, shall be taken into custody and deported in the same manner as pro­vided for in sections 19 and 20 of the immigration act of 1917: Pro­vided, That the Secretary of Labor may, under such conditions and restrictions as to support and care as he may deem necessary, permit permanently to remain in the United States any alien child who, when

under 16 years of age, was temporarily admitted to the United States and who is now within the United States and whose parents, or either of them, are American citizens.

MAINTENANCE OF EXEMPT STATUS

SEC. 12. The .admission to the United States of an a1ien excepted from the class of immigrants by clause ( 2), ( 3), ( 4) , or ( 5) of section 3 shall be for such time as may be by regulations prescribed and under such condJtions as may be by regulations prescribed (including, when deemed necessary for the classes mentioned in clauses (2), (31, or (4) of section 8, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) to insure that, at the expiration of such time or upon failure to main­tain the status under which admitted, he will depart from the United States.

PENALTY FOR ILLEGAL TRANSPORTATION

SEC. 13. (a) It shall be unlawful for any person, including any transportation company or the owner, master, agent, charterer, or con­signee · of any vessel, t9 bring to the United States by water from any place outside thereof (other than foreign contiguous territory) any immigrant who does not have an unexpired visa certificate or a visa granted to him as a nonimmigrant alien.

(b) If it appears to the satisfaction of the Secretary of Labor that any immigrant bas been so brought, such person or transportation com· pany or the master, agent, owner, charterer, or consignee of any such vessel 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 immi- . grant so brought, and, in addition, a sum equal to that paid by such immigrant for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter sum to be delivered by the collector of customs to the immigrant on whose accoupt assessed. No vessel shall be granted clearance pending the determina­tion of the liability to the payment of such sums or while such sums remain unpaid, except that clearance may be granted prior to the de­termination of such question upon the deposit of an amount sufficient to cover such sums or of a bond with sumcient surety to secure the pay­ment thereof.

(c) Such sums shall not be remitted or refunded unless it appears to the satisfaction of the Secretary of Labor that such person, and the owner, master, agent, charterer, and consignee ,of the vessel, prior to the departure of the vessel from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an immi­grant, if the fine was imposed for bringing an immigrant without an unexpired vise certificate.

ENTRY FROM FOREIGN CONTIGUOUS TERRITORY

SEC. 14. The Commissioner General, with the approval of the Secre­tary of Labor, shall have power to enter into contracts with t;rans· portation lines fo.r the entry and inspection of aliens ~oming to the U.nited States from or through foreign contiguous territory. In pre­scribing rules and regulations and ma)dng contracts for the entry and inspection of aliens applying for admission from or through foreign contiguous territory due care shall be exercised to avoid any discrimina­tory action in favor of transportation companies transporting to such ter.ritory aliens destined to .the· United States, and all such transporta· tion companies shall be required, as a condition precedent to the in­spection or examination under such rules and contracts at the ports of such contiguous territory of aliens brought thereto by them, to submit to and comply with all the requfrements of this act which would apply were they bringing such aliens directly to ports of the United States. After this section takes effect no alien applying for admis­sion from foreign contiguous territory (except an alien previously. law­fully admitted to the United States who is returning from a temporary visit to such territory) shall be permitted to enter the United States unless upon proving that he was brought to such territory by a trans­portation company which had submitted to and complied with all the requirements of this act, or that he entered, or has resided in, such territory more than two years prior to the time of his application for admission to the United States.

UNUSED VISA CERTIFICATES

SEC. 15. If a quota immigrant of any nationality having a visa cer­tificate is excluded from admission to the United States under the im­migration laws and deported, or does not apply for admission to the United States before the expiration of the validity of the certificate, or if an alien of such nationality having a visa certificate issued to him as an immigrant is found not to be an immigrant as defined in this act, no additional vise certificate shall be issued in lieu thereof to any other immigrant.

PREPARATION OF DOCUMENTS

SEc. 16. Vise certificates and permits issued under section 7 shall b• printed on distinctive safety paper and shall be prepared and issued under regulations prescribed under this act.

(b) The Public l'rinter is hereby empowered, authorized, and di· rected to print and keep on sale blank forms of manifests and crew

l CONGRESSIONAL RECORD-SENATE APRIL 18

lists to be prescribed by the Secretary of Labor parsuant to the provi­sions of sections 12, 13, 14, and 86 of the lm.mlgrat1on act of .February 6, 1917.

Oll'FENSlllS IN CO~NECTION' WITH .fJOCUMENTS

SEC. 17. (a.) Any person who knowingly (1)' forges, counterfeite, nlters, or falsely makes l;lllY visa certificate or permit, or (2) uses, attempts to use, possesses, obtains, accepts, or receives any visa certiflea.te or permit, knowing it to be f()rge<f, counterfeited, altered, or falsely made, or to have been procured by means of any :ta:lse claim or statement, or to have been otherwise procured by fraud or unla.w• fully obtained ; or who, except under direction of the Secretary of Labor, or other proper officer, knowingly (8) possesses any blank visa certifl.oote ·or permit, ( 4-) engTa'Ves, sell&, brings into 'the United States, or has in his control or possession any plate in the likeness , of a plate designed for the printing of visa certificates or permits,­(IS) miikes any print, photograph, or impression ln the likeness of any visa certificate or permit, <>r (6) has 1n his pos1esslon a distinctive i paper which has been adopted by the Secretairr ot Labor for the printing of 'ftsa certificates or permits, shall, upon conviction thereof• be tined not more tllan .-10,000, or imprisoned for not mo-re than five years, or both.

(U) Any individUl.\.l who l1) when applying for a visa oertlflc.ate or permit, or for admission to the United States, personates another, or fo.lsely appears in the name of a. deceased lndividua.l, or evades or attempts to evade- the immlgra.tlon ·laws by appeatln.g under an assum~d or fictitious naSte, or (2) sells or otherwise dispasee ()f, l'.lr orers to eell or ofuei"'Wise di11pose .of, a visa rcertlficate or permit, to &llJ" person not au.thod.zed by law to receive su.cb document, shall, upon conviction thereof, be fined not m«e than $10,000, or imprisoned fOI! not mGre than nwe years, or both. ·

(e) Whoever kn<>wingly make& under oath any faJ.se statement 1n any appd-ication, affidavit, -0r other document Nquired by the immig?a­tion laws or regulations prescribed thereunder shall upon conviction thereof be fined not more than $10,000 or imprisoaed for not more than. five years, or both.

BURDEN OB' PROOF

~EC. 18. WbeneTer- any a'.l1en attempts to enter the United States the burocn of proot shall be upon such alien to establish that be is not subject to exclusion under any provision of the immigration laws; a.Gd la a.ny deportation ptoceedJng against any alien the burllen of proof sha'll be upon wch alien . to show that 'he entered the United States lawfully and ·tlie time, place, and manner of sue'h entry into the United Sta·tes, but 1n presenting such proof he ·shall be entitled to the pro­duction of his immigration certificate, if any, or 6f other documents concerning such entry, in the custody of the Department of Labor.

RULEB AND REGUL.ATliONB

SM. 19. The ·<!Ommff!sioner general, with the approval of the Secre­tary of Labor, sh11.ll p-rescribe rules .ftnd regulations fot the eonforoement of the 'Provt<Jions 0f tbls act; but all sueh rules and rf:!gulations, i'n so ftT as they refate to the ndminietratlon of thi9 act 'by •consular officers, shall be subject to ·the appuoTal of the Secretary of ~11te and <Shall b& ~omulgated to tll~ <:»nsular Service by the 'Secretary of Statel. 1

ACT TO BE IM ADDITION TO I'Ml\IIGRATION LAWS 1

SEc. 2o. The provisions of this a~t ar~ ln additj.on to an!l n,ot ~ . substitution for the frovlslons .of toe immigration l~ws aJJ.d sh.aJ,J. be enforced as a part ~ such laws, ~nd ' all the penal or other provisions of such laws not inapplicable shill apply to and be enfo'rced in connec-tion with the provisions of this act. ' ,

S'l'E~Slill' i'INli:IJ . Uli."1>.E& 1917 ACT

SEC. 2L Sect~on 9 of the Jm.mlgratlon act .of 1»17 is amended to read as f-0llows:

S11>e. 9. Tha.t it shall be ulllawful f(J)r any person. inal.'2.ding any ' transportation company other than -railway lines entering the United States from !or~lgn c<>ntiguous ter!itory. or the owner, master, agent, · or consignee of any veS11el, to bring to the Uaited States either from ai •

forei"'1 country or a.RY insular possession .of the; Unit.ed States any alien affiicted with idiocy, insanity, imbecility. feebl&-mindedness, epi­lepsy, constitutional psychopathic infcrip;rity, chronic alcoholism, tuber­culosis in any form, or a loathsome or dangerous contagious disease, and if it sh.all appear to the satisfaction of the Secretary of Labor that any alien BO brought to the United States was atructea With any of the said diseases or disabilities nt the time 'of foreign em)larkatiQn, and that the existence of such disease Qr disability might have been de­tected b.Y means ot a competent medical examination at such time, such person or transportation company, or the master, agent, owne:i:, or consignee or any such vessel, shall pay to the collector' of cusfoms of the customs district ln which the port of arrival is located the sum or $1,000, and in addition a. s.um equal to that paid by such alien for his transportation from tlle ln1tial point of depe:rture, iblllcated iri iris tlck~t,- to · tbe· port of arrival, foo: each and every violation of· the pro~ visions of this section, such latter sum to be delivered by the. coUector of customs to the alien on whose aeeount asseseed. It f!hall also be Ulllawful tar any such person to bring to any purt ot tlle 'United

St&tes a.ny alien aft'Hcted with any mental defect other than those above speclficall1 named, or physical defect of a natu:re which may affect hls ability t& earn a living, as contemplated in section 3 of the lm:mlgn.tion aet of 191T, and it it shall appear to the satlsfaetfon or tbei Secretary <Yf Labor that any ·alien so brought to the United States was ·80 affilctOO. at the time of foreign embarkation, anf.I that the ~xh1te11-Ce of such mental or physical defect might have been detemd by m-eans of a competent med'lcal examination at such time, such person 11haU pay to the collsctor of customs of the cnsfums district in which fbe port of arrival is located the sum of $250, and in addition a sum equal to that paid by such alien for hi~ transportation from the initial point of devarture, indicated in his ticket, to the port of arrival, for each and every violation of this provision, such latter sum to be de­livered by the collecto-r of custqms to the alien for whose account assessed. It shall also be unlawful for any such person to bring t<> any port of the United States an'y alien who is excluded by the pro­visions of section 3 of' this act because unable to read, or who ts e;x:­cluded by the terms ot section 3 of this act as a native of that portion of the Continent of Asia and the islands adjacent thereto described in sald section, and if it shall appear to the satisfaction of the Secretary of Labor that these disabilities might have been detected by the exercise ot reasonable precaution prior to the departure of such allens fi.'om a foreign port, such person shal.l pay to the collector of customs of the customs district Jn which the port of arrival is located the sum of $1,000, and in addition a sum equal to that paid by such alien for his tra'.nsportation from the initial point of departure, indicated in his rtkket, to the port of arrival, for each and every violation of tbls pro­vl~lon, such latter sum to be ' delivered by the collector of customs ti> the alien on'. whose account assessed.

0 H a. fine 1s imposed under this ·section for the bringing of an alien to the United States, and if such allen is accompa.nied ·by another alien who' is excluded from admission by the last proviso of section 18 of .the lmm:igratlon act of 1917 the person liable for such fine shall pay to the collector of customs, in addition to such ftne but as a l_)art thereof, a sum equal to that paid by such accompanying alien for his transport.a'.­tion from his initial point of departure indicated ln his ticket, to the point of arrival1 such sum to be delivered by the collector of eustoma to the accompanying allen when dei>-Orted. And no vessel snnll be granted clearance papers p·ending the 'deternilnation of the · question bf the liabllicy to the payment of such fines, or whne the fines remain unpaid, nor 1shall1 such fines b~ -remitted o'r tefunded: Prpv'ided, That clearance may be granted prior., to the determination of such questions upon the deposit of a 'sum sufficient to cover Such fl.nns or of a bond witli' sufficient surety to secure the payment thereof : Provitlect fii>rt11er, That nothing contained in this 'section shall be constrne<l to I subject ti•ansbortatlon compa.nies '"to a, fine for bringin~ to po~ts of the Unfted States aliens who are 'by any o.f the provisos or exceptions to s ction 3 of the immigration act of 1917 1exempted fr-om the excluding provisions of $ai.~ s~ctio,n1" , /

SE? 22., Seeµop l .Q of tha i.Dl.J111grat;ion a.ct o! 19l 7. ~s Am~nded to r~d alf follqws : · ,

·" SJtc. !10. (a) That it sbaU ,be tbe dnty oJ: .eve,ry_ p~son, ,incl,•qding · owners, masters, officers, and agents of vess!!lS. of ,tran-sportatiGn 1lines, oi- interna.tiona.I bridges or toll roads, other than J""ailway ljnefil which may enter into a contract as . prQvided in ~tlon 23, ·bringing an aUen to, <>r providing a means fo.r a11- alien to come to, .the Unite.4 States, to prevent the lnndtng olt sucll alien in the United State~ at any ti.me or place other tha;n as designated by tb.e , immignatlon ofilcers. Ally such per.son. owner, maeter, officer, Of .agent who fails to. eomp)J with the foregoinc requirements shall be guilty, ot a misdemeano:r and on coQ.~ viction th.~reQf shall be. punished by, a fine in ea.ell C11.se of not less tban $200 iwr more tba~ .$1,GOO,, oi: b.Y impriso-;nm,ent !o-.f a tarni not exceeding one year, or by both sqch fine A.nd imI>.riso~ment ; 1 or. if ;.n the 0pinion ot the Secretary o-f Labor it 1a ilnpracticable or in.con• venie.nt to p1·osecQte the ~riw.J)., -0wner; 111aster, officer, or agen.t of any . such ves~el. such person, ow1'er, ,master, ofilcer, or agent shaU be liable to a. penalty of $1,000, which sball l>e. a lien upon the vessel wh9se owner, master, office:r, or ageJlt violates the provisions ot thi,i section, and au.ch vessel shall be .libeled therefor in the appropriate U11-ited Statei;i court.

"(b) Proof that the alien failed to present himself at the time. an.di place designated by the immigration officers shall be prima facie evt· dence that sueh alien ill.as laQded in ,the United States at a tim~ 011

place other than is designated by the immigration officers."

GENJlffiAL Dllll'INITibNS

Sine. 23. As used in this aet--{a) The term "United States,H when used in a. geographical sense,

means the States, the Terrltori-es of Alaska a11d Ha.waf<i., the IJJistrlet of Columbia, Porto Rico, and the Virgin Islands ; and the term " continen· tnl UnUed Stares " means th~ Stutes and tlle Dlstrfct of C<>l'Umlbia: ;

(b~ Tlta termj " alien " includes any individual not a nattve-born or naturali.1t!'d clUzen of the United Stateg, but' thls definiti:01'l shaU1 n9t he held m. i.ilClu<ffi flidians of tlte United stat-es not taxed, or citb~ns of the i..81antls unller the 3ul'isdiction of the 'Uaited States :

•

1924. CONGRESSIONAL RECORD-SENATE 66.49 (c) The term "visa certificate" means a certificate Issued by a con­

sular offke.r under the provisions of this act, together with the applica­tion therefor ;

(d) The term "consular officer" means any consular or diplomatic officer of the United States designa1ed, mH.ler regulations prescribed under this act, for the purpose of issuing visa certificates under this act. In case of the Canal Zone and the insular possessions of the United States the term "consular officer" (except as used in section 21) means an officer designated by the President, or by his authority, for the purpose of is!ming visa certificates under this act ;

(e) The term "immigration act of 1917" means the act of February 5, 1917, entitled "An act to regulate the immigration of aliens to, and the residence of aliens in, the United States " ;

(f) The term " .immigration laws" includes such act, this act, and all laws, conventions, and treaties of the United States relating to the immigration, exclusion, or expulsion of aliens ;

(g) The term "person " includes individuals, partnerships, corpora­tions, and associations;

(h) The term "commissioner general" means the Commissioner Gen­eral of Immigration;

(i) The term "application for admission" has reference to the time of the application for admission to the United States and not to the time of the application for the issuance of the visa certificate.

(j) The term " permit " means a permit issued under section 7. (k) The term "unmarried" when used in reference to any indi­

vidual as of any time means an individual who at such time is not married, whether or not previously married.

(l) The terms "child," "father," and "mother" do not include a child or parent by adoption unless the ad~ption took place before January 1, 1924.

AUTHORIZATION OF APPROPRIATION

SEC. 24. The appropriation of such sums as may be necessary tor the enforcement of this act iR hereby authorized.

SEC. 25. The Secretary of Labor is authorized hereafter, under such regulations as he may deem advisable, to pay extra compensation to Immigrant inspectors and other immigration employees when, at the t•equest of any transportation company, corporation, or individual bringing aliens to the Uniteu Stntf's, such officers or employees are required to report tor extra duty or to work overtime, or on nights, Sundays, or holidays in connection with the examination of alien pas­sengers or crews; and the transportation company, corporation, or lndividual requesting such extra service shall pay to the Secretary of Labor as reimbursement the amounts expended by him tor such extra service in accordance with his regulations, and such reimbursement shall be credited to the appropriation " Expenses of regulating rmmigra· tion" : Pro11ided, ho10e11er, That the provisions ot this section relating to extra compensation shall not apply to terry companies or interna­tional bridges or to transportation companies bringing aliens to the United States across the boundary from foreign contiguous territory.

ACT OF MAY 19, 1921

SEC. 26. The act entitled "An act to limit the immigrntion of aliens into the United States," approved May 19, 1921, as amended and ex­tended, shall, notwithstanding its expiration on June 30, 1924, remain in force thereafter tor the imposition, collection, and enforcement of all penalties ·that may have accrued thereunder, and any alien who prior to July 1, 1924, may have entered the United States in violation of such act or regulations made thereunder may be deported in the same manner as if such act had not expired.

TIMlil OF TAKING EFFlilCT

S11:c. 27. (a) Sections 2, 11, 12, and 13, subdivision lb) ot section 8, and subdivisions (a) and (b) of section 10 shall take effect on July 1, 1924, except that visa certificates and permits may be issued priot· to that date which shall not be valid tor admission to the United States before July 1, 1924. In the case of immigrants of any nation­ality, the number of visa certificates to be issued prior to July 1, 1924, shall not be in excess of one-twelfth of the annual quota tor such nationality, and the number of certificates so issued shall be deducted from the number which may be issued during the month of July, 1924.

(b) The remainder .of this act shall take effect upon its enactment.

The bill was reported to the Senate as amended, and the amendment was concurred in.

The amendment was ordered to be engrossed and the bill to be read a third time.

The bill was read the third time. The PRESIDING OFFICER. The question is, Shall the bill

pass? Mr. REED of Pennsylvania. I ask for the yeas and nays. The yeas and nays were ordered, and the reading clerk pro­

ceeded to call the roll. Mr. ERNST (when his name was ,called). I desire to an­

nounce my general pair with the senior Senator from Kentucky [Mr. STANLEY]. If that Senator were here, be would vote as

I shall vote, so I am therefore at liberty to vote, and I vote "yea."

Mr. SIMMONS (when his name was called). I have a gen­eral pair with the Senator from Oklahoma [Mr. HABRELD]. I transfer that pair to the Senator from Colorado [l\lr. ADA~rs] and vote" yea."

The roll call was concJuded. Mr. SW ANSON. I desire to state that my colJeague [Mr.

GLASS] is unavoidably detained from the Senate. He is paired with the junior Senator from Connecticut [Mr. McLEAN].

Mr. WALSH of Massachusetts. The senior Senator from New Jersey [Mr. EDGE] is paired on this question with the junior Senator from New Jersey [l\'Ir. EDWARDS]. If the senior Senator from New Jersey were present he would vote "yea," and if the junior Senator from New Jersey were present he would vote "nay."

I aJso desire to announce that the senior Senator from West Virginia [Mr. ELKINS] is paired with the junior Senator from New York [Mr. COPELAND]. If the senior Senator from West Virginia were present he would vote "yea," ancl the junior Senator from New York, if present, would vote "nay."

Mr. BROUSSARD (after having voted in the affirmative). I have a general pair with the Senator from New Hampshire [Mr. MosEs] who if present would vote "yea." I therefore am at liberty to vote, and permit my vote to stand.

Mr. WALSH of :Massachusetts. The senior Senator from Arizona [Mr. ASHURST] is absent on account of illness in his family.

Mr. CURTIS. I desire to announce the following general pairs:

The Senator from Connecticut [Mr. McLEAN] with the Senator from Virginia [Mr. GLASS] ;

The Senator from Illinois [l\fr. McCORMICK] with the Sena­tor from Oklahoma [l\lr. OWEN]; and

The Senator from South Dakota [Mr. STERLING] with the Senator from South Carolina [l\fr. SMITH].

I also wish to announce that the Senator from Wisconsin [Mr. LENROOT] is paired on this question with the Senator from l\Iissouri [l\Ir. REED]. If the Senator from Wisconsin were present, he would vote "yea" anfl the Senator from Missouri would vote " nay."

I was also requested to state that the Senator from Illinois [Mr. McCORMICK] would vote "yea" on the passage of the bill. .He is necessarily absent.

The result was announced-yeas 62, nays 6, as follows: YEAS-62

Borah Brandegee Brookhart Broussard Bruce Burs um Cameron Ca~per Caraway CUl'tis Dale Dial Dill Ernst Fernald Fess

Fletcher George Gooding Hale Harris Harrison Heflin Johnson, Calif. J ohnso1!~ Minn. Jone.'!, .N. Mex. Jones. Wash. Kendl'ick Keyes Lodge McKellar McKinley

McNary Mayfield Neely Norris Oddie Overman Pepper Phipps Pittman Ralston Reed, Pa. Robinson Sheppard Shields Shipstead Shortridge

NAYS-6 Gerry King

Adams Edwards Ashurst Elkins Bnll Ferris Copeland Frazier Couzens Glass Cummins Greene Edge Harreld

Walsh, Mass.

NOT VOTING-28 Howell Ladd La Follette Lenroot McCormick McLean Moses

So the hill was passed.

Simmons Smith . Smoot Spencer Stanfield Stephens Swanson Trammell Underwood Wadsworth Walsh, Mont. Warren Watson Willis

Weller

Norbeck Owen Ransdell Reed, Mo. Stanley Sterling Wheeler

Mr. REED of Pennsylvania. I move that the Senate insist upon its amendment, ask for a conference with the House of Hepresentatlves, and that the Chair appoint the conferees on the part of the Senate.

The motion was agreed to; and l\fr. REED of Pennsylvania, Mr. STERLING, Mr. KEYES, Mr. KING, and Mr. HARRIS were ap­pointed conferees on the part of the Senate.

The PRESIDING OFFICER. Without objection, the bill (S. 2576) to limit the immigration of aliens into the United States, and for other purposes, will be indefinitely postponed.

UNITED STATES TARIFF COMMISSION Mr. CURTIS. I desire to call the attention of the Senator

from Arkansas to the fact that a unanimous-consent agreement provides that the Senate shall take up Senate Resolution No.

6650 CONGRESSIONAL RECORD-SENATE

1S1, 1n whieh h.e 'his interested. bnt which, as 'I understand, he ls willinfJ' to set aside. I will say to the Senator that I desire to move th~t the Senate proceed to the .coosideration of the ad­justed compensation bill.

Mr. ROBINSON. l\lr. President, the resolution to whkh the Senator from Kansas refers relates to the right o:t members -0f the Tariff Commission to sit ln proceedings 1n whlcli they ()r members of their 'families huve a J>ecunlary interest. Recently the Senate concurred "in. a provision tn an appropriation bill which denied -salaries to members of the comm1ssion who sit in cases in which they or members of their fammes have a pecuniary interest, and there is '}lending before the 3'udiciary Committee a bill relating to the wbject. For this reason, for the present, I nsk that the (Jl'de.r he:retotore entered that the Senate proceed to the consideration of the resolution referred to be set aside.

The PRESIDING OF1FIOER. Is th-ere -Objection to the re· quest of th-e Senator from Arknnsas? The Ohair hears none, and the order lis set amde.

ADJUSTED COMPENSATION FOB WORLD WAB VETERANS

il\.Ir. CURTIS. I move that the Senate proceed to the consid· eration of Ho~e bill 7959, bein.g the adjusted compensation bill. so-called.

Mr. WARREN. Mr. President, I wish to make an inquiry of the Senator.

Mr. CURTIS. I yicld. Mr. WARREN. Is it the purpose of the Senator from Kansas

to continue the consideration of that bW llntil it shall ha-ve been disposed of! ·

1\lr. CURTIS. It was my intention, after my. motion should have been put and agreed to, to move to take a recess until 12 o'clock to-morrow, and to go on with the b~ if possible, to-morrow. ,

Mr. ROBINSON. I hope that arrangement will be effected. Mr. WARREN. I wish to say that we have an accumulation

on the calendar of bills, particularly appropriation. bllls, some of which ovght to be passed promptly, because, as Senators know, when sucli a bill passes it is l.'eally only half tin1shed and must then go to conference. I want to ask the Sena.ton if 1t is his opinion that the adjusted compensation measure will ,be passed in a few days or will it involve lengthy debate; and, 1f so, wou1d he be willing to J.ay .it asid~ in order that approl>ria· tion btlls might be considered?

Mr. CURTIS. I am informed that the considkration of .ttre bill wm take but a short tlme. Th.ere will be some debate on the other side and some on this sid.a in the Senate. If, how­ever, the debate is strung out for any length of time .I w.fll gladly have it laid aside temporarily for the purpose of en­abling the uppropriatlons bills to be consideretl,

Mr. HARRISON. Mr. President, may I ask the Senator from Kansas a question?

l\1r. CURTIS. I yield. , · Mr. HA.RnISON. The .Senator has just .moved that the

Senate ·proceed to the conslde-re.tion of the soldiers' bonus brn. Can the Sen.at-or tell us what the views of the President Rl'lt with respect 't0 the matter'?

l\fr. CURTIS. I can not. Mr. HARRISON. Can the Senator tell ns 'whether if we

should adopt the insurance 'features of the l>ill without the cash optional );)rovision the President would sign it? '

l\lr. CURTIS. I can not. Mr. ROBINSON. Mr. President-- , Mr. KING. ,Mr. President, will the Senatoi· pe-rmit a question? The PRESIDING OFFICER. Does the Sw.ator from Kansas

yield; and if so, to whom? Mr. CUU.'l'J:S. I yield first to tlle Senator from Arkansas. Mr. ROBINSON. Since the 'Senator from 1\1ississippi has·

asked that question, I should like"' to nsk :another. ()an the Senator from •Kansas OT anty otber Senator iniotm us whether if the adjusted compensati'on ·bill eml>racing a cash option were. passed the President would veto !it?

l\lr. CURTIS. I do not know. Mr. KI~G. l\ir. President, will the Senator yield? l\lr. CURTIS. I yield. 1 1 '

Mr. KING. Does the Senator think, in iview of ·the fact thut the President and the Secretary of the Treasury have empha­sized the Jlecessity of tax reduction, and a bill bas . been prg.. pared and ls now upon the calendar lo@k.ing to that end, that 1t is the part of wisdom or good statesmansh]J> or good leader­ship for the Republicans to ptoject the bonus bill in ahead of the tax bill ?

Mr. CURTIS. I think it is very wise that the adjusted C()'ffi'"

pe.nsation bill be dlsposed of first, because if it shall -be passed tllcn we may know, after action is had by the President,

;whether or not we shall have to make changes in the revenuQ 1bH1 in order to provide aoditfonal sums.

Mr. KING. It seems as if we were more interested in :spending money than we are in reducing taxes.

Mr. REElD -of Pennsylvania. Will the Senator yleid for a; qnestion?

'Mr. CURTIS. I yield. l\Ir. REE'D of Pennsylvania. We have on the calendar Seµ­

ate bill 2257, which is the bill to revise and libel'alize the Vet­·erans' Bureau code. That affects the disabled service men. I ·do not like to see compensation to the able-bodied men put ahead of compensation to the disabled.

Mr. KING. Then, why does not the Senator move to con­sider that bill first?

Mr. REED of Penn:sylvanla. Been.use I realize that the bonus bill is a disputed matter and probably the Veterans" Bureau code bm ls not. Will 'the Senator from Kansas grant ·us for our veterans' code the same privilege that he has just agreed ·to accord to the appropriation bills?

Mr. CURTIS. Mr. President, we shall have an opportunitY, to consider the calendar an Monday morning, and I hope that the bill to which the Sena.tor from Pennsylvania refers may b~ considered and nct~d upon at that tim:e. If not, I wm confer' with the Senator tllld try to arrange matters so that the Vet .. erans' Bureau bi'll may be eonsidered.

'Mr. REED of Pennsylvn.'D'.la. The bill ts at>out 50 pages hi length, and I doubt if it ·cou.td be dlsposetl of ou the call.1. of the calendar. AU I ask of the Senator is, if the bonus but pro­ivokes long 'debate and' ·d'rag8 out, as the 1mmigratton 'bill has done, that he will allow it temporarily to be laid aside so as permit us to pass the 1biU for the disabled 'V-eterans.

Mr. CURTIS. If J: .am iirl charge "Of the bill for a~lusted com­pensation, as I think J: will be, I shall be ·very glad to do that ..

• 1.V.Lr. ,S:M:OO'l'. Mr. President, I should like to say n word in regard to the .bill t.o which the .Senator from Pe11nsylvania hu referred. Tbat bill is not going to take a very .long time lfor discussion, a.nd I think that very little •questie11 will be raised as to .it. The bill can be passed at any time. It 1is true it carnies $27,BOO,OOO, but it will pass the Senate, and is oot going to .Provok.e prelonged disc.ussi~n and will nCff: be 1n :conference iVery long.

Mr. REED of P~nnsylvania. Will the Sena.tor, then, permit us to take it .up and have it .pas:11ed oo t0-morrow morning?

Mr. KING. No. Mr. SMOOT. We CQUld not dG that. Mr. REED of Pennsylvan·ia. W<ill tll.e SeDB.tor from MaSsuw

elm.setts be here to-morrow? Mr. WALSH of Massachusetts. 'I ·will. Mr. HARRISON. Mr. President--Mr. CURTIS. I yield to the $en.ato1· from Mississippi. Mr. HARRISON. We have been talking about expediting

legislation; bnt 'some of us are in ',a pecUllat frame of mind relati\te to fhe soldi~t·s' bonus measure. Rumo~ comes to us tl1at the report is euri·ent among some of the heads of the Anierican Legtoh that the PreSJ.d.ent .would sign'. the particular pbnus tiill that p11ssed the House but that be would v.eto tl1e. hilt ptobatily if it contain.ed the optiona~ :·c~sh bonus provisio:i. Th~ Senb.tor from Kansas js as close to the President as is anybody in the Senate, and if he could ascertain from the President whether those are bis Views we could expedite the bm very , much mul save mueh :discmssi~n ' bere. [ will saY, v~ JfrankLy to the Senator tln:at if I th&ughtJ the Presldenb · would veto the btn with the optional cash provisioB, i woulcl v©-te against that pr(}posltion and stand · by the insm·ance fea• ture, ,if he. 1V<>u1d tsign the bi1l ih that ~hnpe. The Sena.tor could· help :ns very n.uch to expedite th.e legislation if 'he would ascertain that for us. · .

Mr. CURTIS. Mr. President, I ask tha:t the •question be put ·.on my moti'oll.

The PRESIDING OFlPTdER. The question is on the mo~ tion of the Senator from Kansas that the Senate proceed to the consideration of a bill the title of which will be stated.

The READING CLERK. A. bill (H. R. 7959) to provide adjusted compensation for veterans of the World War, and for other ' purposes.

Mr. KLN'G. l\Ir. President, is a substitute motion permis· sible under the parliamentary procedure?

The PRESIDING OFFICEJR. The Chair understands not. The motion must be -voted up or down.

Mr. KING. I wanted to move that the Senate proceed to the consideration of the Veterans' Bureau bill, whl~h was referred to iby the Senator fr'o'm PennS'ylva.nia [Mr. REEt>].

The PRESIDING ·OFFICER. That ca:q be done lf the mo­tion ~t the Senator from Kansas is voted 'down. · The question is on that motion.

1924. CONGRESSIONAL REOO~HOUSE:

The motion was agreed to.; and the Senate-~ as In Committee of the WOOle,. proceeded to ronsider the btll (H.B. 7959) to provide n:djmrted co:mperum.tt00; for veteram o-t the World Wu, and for other J>urposes, which bad been reported from the Com­mi ttee on Finance with amendments.

l\ir. WALSH of ~'.h1~ssad'lltr~tts. I present an amendment, which I may decide to off er as a substitute for House bill 7959, and ask to have it printed.

Tb.e PBESIDEN'.r pro tempore. The amendment wm be printed and lie on the tahle.

l\ir. CUR'l'IS. I aak that the unfinished business may be temporarily laid aside.

The PRE'SIDING OFFICER. Is there objection to the re­quest of the Senator from Kru:lisas? Tllre C:ha.ir hears none, and the unfinished business is tempo:rarily laid aside.

RELIEF OF AQIUCULTUBAL, D:ISTRESS IN NEW MEXICO-

Mrr :McNARY. I sulmrlt a conference repoFt on Ue joint resolution ( S. J. Res. 52) for thei relief d the< mought-strieken areas of New Mexico.

The report was read, as follows~

T11e eommtttee· fJf. ron!erence on the disagreeing votes o.f the two Houses on t.he· amendments o-f tbe House tellt the Joint resv­lnitian (8. J. Ites. 52) fo:r tltle relief of t~ dJ'ought-s~kell areas of New Mexico having met, after full and free confer­e11ce have agreed to recommend and do rec~mmend to their respective Houses as follows:

'Ehitt the Senate reeede from its disagreement tfir amend­n:rents numbered 1, 2, and 3, and agree to the sa.me.

'l'he eommilttee of eonfttenee have not agreed u.pon the amen<i1ment of the. H&lliie Bumbered 4..

{t L. McNA11.Y, AnTHUB CAPPER,

Jlanager& on. -the p~rt of the Se1'1.ate. G_ N. HAUGEN, CH.Am.ES B. w ARD,. J. R. AaW:cLL,

Managen on. the t><Iri <Yf the House.

Mir. McNARY. I me>ve the adfll)tlon .t the: reJJOrt. 'l'he report was agreed to.

BKCEmS'

Mr. CURTIS. I move that the Serrate take a recess untll 12 o'clock to-morrow.

The motion· wae agreed t&; 11JDd (at 7 G>'cieck IUld 30. minutes p. m.) the Senate: took a recess Utltil to-morrow. Saturday, April 1~~ 1924, at 12 o'clock meridia.Jl.

HOUSE OF REP:RESENTATIVES FRIDAY~ April 18, 1!Jdl4

The Houtt met ot 12 o'clock noon. TM CJ!u1.plain,, BeT. James Shera Hontgomery, D. D., ottered

the following prayer: . In this most solemn moment 0 Lord God we wait on . Thee, at

Thy footstool,. with all the reverence o:t our beings, in the name of Him who -wa..~ the despised and rej~ted of me~ a man o.f sor:rows and acquainted with grlet. Have mercy upon us as the chastisement of our peace· was up<m. Him and by His stripes ~e are healed. 0 be with U& dear Lor~ as we pass th.rough our Gethsem8.nes of sorrow and disappointment. Rem.ember us 0 mighty One_ Keep us so tenderly in Tby secret place that we may abide under the shadow ot the Almighty. Sheltered and unafraid, support us that we may learn the lessons and the discipline of these chastisements. He:fp us to say this day

'- " Thy will be done." Through .Jesus Christ our . Lord. : Amen. The .Tournal of the proceedings of yesterday was read and

approved. Mt. SNELL. Mr. Speaker,. I make the point ot order th-at

there is no quorum present. The SPEAJ.QUR. Wnl the gentleman withhold that for a

moment'l Mr. SNELL. Yes.

DYCE CANYON ANJ>. SCENIC IBoOUTlllEBN U'L'AH

Ml.'. COl/J'ON. M:r. Speaker,. I axk unanimous coment to ex­tend my remarks by printing a speech deltvered. last night by ~Ir. CRAYTON, of Michigan. ~er the radi<J descriptive of parks m the southern part of Utah~ ,

'l'he SPEAKER. The· gen11eman from Utah asks uwmimous consent to extend bis rema:rks by printing a. speeeh delivered

last night orver tl1e radto ~ MY. Ciu..MTOW.,. ef Michfgair. la there. objection 'l [Aita a pa~l '.Ehe Cb.air beal!'Bl Bmle!"r

Mr .. OOilrON. MR. Spee.kelr, last night Bon .. Laur& 0. Cu» TON,. of Midl.igaa,. dellv:~e:dt an address over the radio in Wa.a. lngton. D. C., upon invitation of the Ame-Tic81D Au.tomi!lbtile A• SQCiatfon_ givillg a . deseription of Blryce Cw:ryom and other scenic wo.n:del's in B011tbern. Utah .. This sp~b. so impressed nm that under the lea-ve g.urnt.ed. to extend my remrurks I Pd sub.mit the speecli delivered b-y M.Jr. Clu..KT<>N, which is ma follows:

BRl1fllf. c:.tNYON AlfJ>o SCIN"IC S"OU'.t'BEUN lJ:TA..B"

" S"ceniC' Southern Utah " seems too ordinary a phrase, entirely £11-adeqaafe, tO' designate that great region of Naturers wonders tbi:o"OP wflieir 1 travele«f last summer foT nearly three weeks by motor and oa honreback in company wfth Congressman DAN ANTHONY, with A. JI. Demaray, of the National Park Service, as our chaperone, guide. and C'Omforter. Cedar Brealts; Zion Canyon, the Kaif>ab Forest. the Nortfl. Rim of the Grand Canyon, Bryce Canyon, Fish La.li:e, Capitol Gorge. tfte mighty Co1orac:!o, the Natural Bridges-these are the headline a.t­trectforut, but eveTy· mile of tlle route we traveled, 1,200 by: auto anti 150 on borsellack, the latter being much tl'le Ionge.r,, bas Its appeal ro- the eye and ta the imaginntlo-n.

Readltng Cedar Clty the last da-, of June by the Union Paeitl.¢. the j~mrne'J ltegan with a view of CM.ar Breaks, a tlt prn!ogue for the trip. Ten minu.tes wfl1 not suffice to tell of 20 days, 1,400 miles of travel fn the m1d'st ot the world's masterpieces-Zion Canyon, where tfie Mttkunhrwea:p River cuts thre:lfr tl'le Vermilion Cllirs,. 3,0<» feet fn d~tlr, narrowing- to a gorge 50 feet wide, wfiere ftows tbe stream beneath oyerhanging walls of high rock; the Kaibab F'oresf., refuge of' thousand's of deer, mmdreds of whfch you see comfug into the open ixtrk . spaces to graze at s1:1.rrser; the North Rim, where you roa7 look otrt over the Grand Canyon ot tbe Cororado; the Capito.I Gorp through whiC'h rans the motor road, its r!chly colored x:ocky wan. rising precipitately several thousand feet and leaving a roadway, at ti.meS' no more tha:n 15 feet wide; the Natural Bridges, greatest spans over' 11pnce produced by nature, tllree in number. the Carol'yn, th~ Augusta, an'.d the Ed'wfn; the Augusta with its· span of 261 feet and height to the bottom of the arch t57 feet, and to tfie top 222 feet, its arch 28 feet wide and 65 feet thick, symmetrical' and Imposing, the largest mrtnrnl bridg~ fn the ·wor1'd, a 15-story building wou!d atancl. beneath it ; the Edwin~ salcl to be the oldest. the perfect bridge, over whtch the a.utomo-biie road', when it comes, wtll cross, Its arch havini; s ~ 'of 19.f feet- with an elevation of 108 feet, the bridge being t'J'Dly about :ro feet thic.k n.t Its mtd:dle point and 25 feet wfde, which geologists say a few more centuries may see worn away to destruction0 bll't its grace and bea-rrty now preeminent Fifty mil-es or hard going fittough detrert, mountain, and forest brfngs you to :Blanding, through the sceneg of the last Indian uprising fn tM11 coi,mtry, that of 19"23 when Old Posey met his death. Sixty miles more by motor woulcl fake yon ta tbe Denver & Rio Gnmd'e Railroad but our route was 116 miles to the Me88. Verde National P'a.r1t and its wonderful ruins ot the crnr dwel?ers·. Time will come wl'len a good motor road' wnr open an this to tile tourist and bfs fitvver, with grea-t unexplored' areas- for .rougher side trips. t .

This rapid outline of the other wonders of tills region must now suffice whi1e I gfve my time to :Bryce Canyon. so aptly termed bJ Prof. Frecferfck Pack. of Utah University, as Nature'~ ".most delicate jewel. ...

An amphitheater 3 miles across and 500 feet deep, eroded result ot. countless ages~ a forest of vermilion pinnacles~. its. toxm& fantastic. bizarre. and again. as regular as the faahloning o.f mortal architeet. it is not outclassed by a.ny other spectacle that natrue alrords. It quicklJ won my enthusiasm, and in my short .stay I paid constant tribute to its everchanging moods ot beauty as hour by hour the- daylight and dark­ness. tile 11unshh.e a.nl! shadow, by; sun and: moon anit under the. stars alo~, .marshaled eacll their o-w:n charms.

I want to tell you my impressions of the canyon aa from Us rim I saw ~ full succ.essiOB,, ot its 1.nspU1ng contraatJr, its richly bea.ntlful panorama-by the glare of day, with the pas&ing &f the sua,. in th~ dim starlight, at the- risi.iJc e£ the moen at midn.igb1, &ncli at the dawning of another day. The ordinary schedule of my waking; and l!leeplng wa.s shatter:d,, but tllat does not matter if you. have b.v.t a day at Bryce. The maze of :l!o.r.ms and outllll!es fn the canyo.n gives fancy frtt reiD and you are thrilled not oufy by what the eye perceives but by what it "half createsilf' as well, as WoEdsworth has it.

SJt with me here near the dtasm's brink as tlre snn drops low. Be­fore you fancy presents t(} J .. o-u the city beautiful, the myriad forms left in the disorder of chance after t!entu.x:ies ot ePOsion resolve them­selves into aomething planned; you seem to see befere you in the late afternoon iron, striking dil'e'<~tly upon the face ot pillars and walls be­fore you, stretebing 3 miles across the canyon, the quiet ot a great city at rest. .A.oove is Table Clilf Plateau. Far t1> tlle left in dlgniDeii inaccessibility tlle old fortress, impregnable with its sheer wans. Ia

6652 CONGRESSIONAL -REOORD---HOUSE· APRIJ1 18

the center, tar before you, the hill crowned by an ancient Acropolis. To the extremo right the great cathedral, · with its two impressive bell towers equal in heJght. Filling in the picture are the buildings and streets, parks, and passageways of a metropolis. The buildings, all of the pastel shades of Mediterranean towns of Spain or Italy-light red, pink, cloudy white. Streets and parks lined with the green of many actual living trees, fir nnd pine.. The architecture is all in harmony. Great bulldings rising hundreds of feet, passageways, sometimes but a few feet wide, separating one structure from another, but the walls erect and accurate, story upon story. From Acropolis Hill see how the grade drops rapidly to the waterless river bed which is parked so plenti­fully with trees on either side of the watercourse. Rising then ab­ruptly to the right from the river are vermilion clll!s, where the palace of the king appears, surrounded by great turreted walls, a steep ap­proach leading to the castle itself, nestling close against the barren cliff'.

There ls no sound; no smoke arises ; nothing in motion but the circling cliff swallow. It is simply the ideal of fancy.

The sun has gone. Darkness falls closer . and deeper and the fine tracery of the architecture dims from sight, only the lighter shades of some ot the buildings holding prominence. St111 you can see the great commanding outline of the fortress and in the center the white of the crowning Acropolis. The swallows no longer are fiylng about, The fancied forms and figures that Intrigue the imagination by day are nu more. The carving and architecture that would give form to the eternal city of revelations have disappeared. There are no tones, no lights from below; only the splashes of white upon the dark back· ground, set ol! with darker markings of the tree areas. The city of fancy is asleep.

.At midnight we cautiously approach again the rim and watch, while tar in the east over Acropolis Hill a glow enriches the horizon. Soon a silver point comes to view, like a star of hope for the darkened city. Rapidly rises the majestic moon that whitens the night and brings out formless shapes of the city but does not lighten. It mounts to the hen vens and the city to the west of us reflects It dimly. It is a spectral city, and the watcher under the rays of moon, the million wonders Of the Milky Way, and all the stars -Overhead, comes to imagine an occasional moving light in the tenantless homes. But there is nothing in the city but night.

Up again and to the watcher's post: the day ls dawning. A rosy hue iu the east; an orange glow over Table Cliff Plateau; to the right a group of clouds which simulate a snowclad range of peaks for a time and then revert to cloud banks, reflecting rosy tints, as mounts the orb of day. His majesty enters as he has for eons of time. His ~·nrs strike the cliffs at our feet, and the reflected light illumines the nearer yellow shapes. The shapes of imagery tall away to the outlines of actuality. The swallows soar and circle, basking in the sunlight. Far toward the sun great white pillars, enriched with reflected light, seem translucent. •

See Cushing Point far to the right. And note how the castle wall is buttressed at regular intervals. To the left a great forest <>f spires. Commanding all the fortress in the distance, lts perpendicular stockade of pillars, the steep incline, the wall itself rising direct to the level plateau.

Before you now in glare of day is a ·prehistoric · city of Babylonish splendor. It seems to have been covered with the sands of ages and appears now as if largely revealed by recent excavations still to be completed, banks of earth still in part enshrouding edifices and walls, the impression mounting that further beauties· are yet to be revealed.

Far in the east you see the modern Utah town ot Tropic, surrounded by its fertile green fields, a touch of reality to bring fancy back to ent'tb. But the spell of Bryce Canyon hangs long in your memory.

NO QUORUM-CALL OF THE ROLL

The SPEAKER. The gentleman from New York makes the point of order that there is no quorum present. Obviously there is no quorum present.

Mr. LONGWORTH. Mr. Speaker, I move a call of the House. The motion was agreed to. The Clerk called the roll, and the following Members failed to

answer to their names : Anderson Andrew Anthony Barkley Beers Bell Bixler Black, N. Y. Bloom Boylan Brand, Ohio Britten Browne, N. J. R1·nmm Buckley Bulwi11kle Bntler

Byrnes, S. C. Carew Casey Celler Clancy Clark, Fla. Clarke, N. Y. Cleary Cole, Ohio Collins Connolly, Pa. Cooper, Ohio Corn in~ Crosser Cullen Curry DnYey

Davis, Minn. Deal Dempsey Dickstein Dominick Drane Eagan Edmonds

• Favrot Fenn Fitz~eruld Funk Gallivan Garber Ger au Gifford Gul<l::1borough

Hammer Haugen Hayden Iloch Hooker Howard. Okla. Hull, William Ill Hull, Iowa Hull, Tenn. Kahn Kendall Kent Kerr Kless Knutson Kurtz LaGuardi'I.

Langley Moore, Ill. Reed, W. Va. Tague Larson, Minn. Morin Reid, Ill. Taylor, Colo. Lazaro Mudd Rogers, N. H. Temple Lee, Ga. Nelson, Wis. Rosenbloom Tucker Lehlbach Newton, Mo. Rouse Vare Lindsay O'Brien Sanders, Ind. Ward, N. C. Logan O'Connell, N. Y. Sanders, N. Y. Ward, N. Y. McClintlc O'Connor, La. Schall Wason McFadden O'Connor. N. Y. Sears, Fla. Weller McLeod Perkins Seger Welsh McNulty Perlman Sherwood Wertz Magee, Pa. Phillips Sinclair Williams, Ill. MajoI'.f Ill. Prall Snyder Wilson. La. Mansneld Purnell Strong, Pa. Woodrum Martin Quayle Sullivan Wurzbach Mead Ransley Sweet Wyant Michaelson Rathbone Swoope Yates Mooney Reed, N. Y. Taber Zihlma.n

The SPEAKER. Two hundred and ninety-two Members have answered to their names; a quorum is present.

Mr. LONGWORTH. Mr. Speaker, I move to dispense with further proceedings under the call.

The motion was agreed to. THE PERMANENT POWERS OF CONGRESS

Mr. McSW AIN. Mr. Speaker, I ask unanimous consent to extend my remarks on the constitutional relations between the Congress and the executive and judicial branches of the Govern­ment.

The SPEAKIUR. Is there obje@tion? [After a pause.] The Chair hears none.

Mr. McSWAIN. Mr. Speaker, there is much discussion now, both in and outside of Congress and at both ends of the Capitol and from the White House, regarding the constitutional rights of Congress to prosecute the investigations now being made by both Houses into certain executive departments. It is seriously contended that both the House of Representatives and the Sen­ate have exceeded their constitutional powers. If this be so, it is a serious fault. Each Member of Congress takes a solemn oath to support and defend the Constitution. Let us inquire calmly with the Constitution before us, and having in mind its history, and especially having in mind the history of the Eng­lish constitutional system, consider ideas we inherited, and furthermore remembering the· debates that took place in the convention at Philadelphia in· 1787 at which the Constitution was framed, seeking thus to ascertain the truth concerning the question of the power of. Congress to investigate executive de­partments.

GOVERNM;J!JNT RESTS ON THE CONSENT OJ' THE <W'VERN1llD

The fundamental proposition that we must lay down as a· major premise is the principle of popular sovereignty. We must bear in mind that in America the people are supreme. Government exists for the people under our Constitution. The people not only created the Constitution, which in turn cre­ated the Government, but by their Constitution in Article V th~ people reserved to themselves the right to change the Con­stitution itself by amendments. And these amendments need not be limited, as some have argued, to perfecting and completing and amplifying powers originally conferred, but the people by amendment may not only add entirely new and distinct powers but they may repeal and annul powers previously conferred. By amendment the present framework of Government might be completely changed. · The people could destroy completely either the executive, judicial, or legislative branch of the Gov­ernment. The people could by the po.wer of amendment com­pletely wipe out either the. House of Representatives or the Senate. The people could in their sovereign capacity either enlarge or rest!'ict any of the powers of either House of Con­gress. THE DECLAR.&TION 011' INDEPENDENCE IS THE CORNER STONE OF FREE

GOVERNMENT

These ideas of the rights of the people to order or to amend their fundamental and organic law are axiomatic. They found clear and eloquent expression in the Declaration of Independ­ence. When we are in doubt about the proper definition of American principles and when we want to know what is true 100 per cent Americanism, we need only to read the Declara­tion of Independence. It is the touchstone of Americanism ; it is the standard and test of Americanism. It is Americanism. But that magnificent declaration of the rights of man, proceed­ing from the minds and hearts of men who had understood and felt the aspirations of such political philosophy as Locke, Montesquieu, Rousseau, Tom Paine, Benjamin Franklin, James Otis John Adams, Patrick Henry, and George Mason. Lafay­ette' warmly embraced these principles · of human liberty, and they are to be found reflected, largely through his influence, in the French declaration of the rights of man.

'Too ma.qy ·fali::e deductions 'have 1been orawn 1from the maw ·abstract a-.ssnmptions of the ·eonu>lete ·equality and mutual 1ntlepentlence of the lthree separate bran~hes o'f our Govm-n­·mertt, respectively, the ' legislative, ·executive, and ·judicial. 'It is true tlint there is tills st rict equnllty nntl indepenCl.ence, 'but ·the ·exact limits df the equality and int'.lependenee must '!Je ·as­ecrt::iined bv reference to 1the Constitution itself. It 'has 'been assumed in· the lliscussion 1both in Cong1tess and outside that every ex:ecutive ·depnrtment, and, 1ther~ore, · every heatl 'ana s1tb­ordinate uffice in the executive uepu1·tments, ~m~oys the same imlependence ·ant1 ·equality •of ·stutus toward. the 'Congress •tMt •the Presitlent himself enjoys. 'This ·is ·not 'true, ·-as we shall ·pro-eeed ·to demonstrate lby the very -wording of 'the Constitution,

·nnd a reference ·to the debates 'in •the Oonstltntional Conv-ention anCI. to the ·tliscmssian had ijn the 'F-etlcrulist papel'S ·and the de­bates 1in the eonventions ·of ·the cseveral 'States called •to eon­

'Sfder ·ratlfication will ~how ,that •teo nruCh is now ·elaimetl ;by •way ' Of immunity 'for executive ·departments "from the ·super­'Visocy investigations•o! Congress. [t ·con be demonstrated and ' '\V.ill be ·shown that 1Congresa neetl nCJt •wait 1mtll it ·1m:s -already · untloubtetl eviden~e 'of executlv-e mismanagement or ·1neffideney o-r ·eorruption 1before ' tt investigates. 1Congress can investiggte

"fl'.t any 'time, of its own motion, "to m!!eerte.i:n "if, perehan~e, tl:Iese things do exist. It would be idle to say that CongFess -must hav-e proof of that ·whiah it ·sball .seek to ,prove by .its -inveHti­gation. It would be .idle to s~ that Congress can QY its in­Yestigation hear only ·that evidence which would be con;ipetent in .a court of law proceeding a.c.co.rdlng to the rules .of emdence as they .now _prevail in 'tliis country. Not an nations have the same rules o'.f evHlence 'that we 'have. 'In the courts 'u'f mally 'nations hearsay testimony is ·admitted -'"for what it ls wo.ntb. 'The rules of evidence now _prevalli.r;Jg in .. this country .fill:!-Y at legislative tliscretion "be changed. ·ar course, we . all agree that .in the m:iin, as the ,rules of ~viUence .now exist, they are wise andJ>rQper .for '.the control ·o-f-_the coUl'tS <ff 'law, and I Clo not 'fav.or changing tb~m. l _ onJy mention ·this ;to illustrate that they are DOt immutatile antl a.re ,not in'fallillle. . ' CONGlllilSS ' !ftlE 1RJllSER'VOIR OF ~ F!lliraRA.L IP.OW.E-n; 1Tlllll •JJIATHERS ' TRUST1!1D

!AND ' THiil .PEOBE ~l'OOW "!:RUST CDN<mm18

The 'Constitution ·s11pports ·the J>rQposltion ·that ·congress was ' intended 'to be :m:I'.d is 'the great reservoh· o'f governmenta1 jpowers. 'It ~ressly ,provides thfft Cong1·ess shall hav.e power ·" 'to make all 'laws which ·shall be ·necessau and proper -for carrying 1into ~exec.ution 'the lforegoing -powe1·s ·anti. d.11 other

_powers vestetl by ' this 1.C.onstitution ·In -the ··GoV"ernment -af the 'Unite'd 1States, or 1in ·any tl'epartment, ur ·officer iile1·eof." It ·is, therefore, manifest that Congress must enact the laws to govern th'e office · of ~President · i tfi;elf. CL'b'e CongTess ;fixes · the ·salary •Of the P'l'esifumt. (Unrter certain ·ci:ircumstanees the House of ·Ilepres.entatives 1lll4Y elect the President. '!'he .Congress -has created .eaoh 1of .the .. ex.ecnti\;e .d~q~nts cons.titu~g the Gabinet1of .the .B1·esident. (rhe Go~ess .mey ada to 1the .num­

,ber ,or .may . .diminish the ,number. The Cow;ress .m..a.y .abolish the office ,of .A.tto.r~y General rm: Secreta1;y of ·comnieRce .or

. Secret~.ry .of .the Treasui:y .o.r aey nther ..office. ..".nhe Cons.titution 51.a.ys:

All legislatiYe p0wers •he~em.grant~ i sh:ill be"'"'VUWd in a •Congr:ess.

.:It .'further provJQ.es that Lthe Cons.tltn.tiDn and ·the Jaws of the -U.niteCI. . States .ena.c.te.d lIY Congress .and .all ·treaties n~gotiate.d .b.y .the .iPresHleut . .a.no coiifumed ,b_y a ·~vo~thiras vote ,of .the Senate shall 'be the supreme law of the land. The · Constttn-

rtion creates the ..office .of.President for a .term of four.years.and .1meci.fi.es orieIJ,y a '.few ,poweril that Jle .shall exercise. .'.Kil .the other .p<>w.ers .POssesied 'Qy the 'Presitlent .are ca11ferr.ed· QY :laws enacteo _Qy Oon,gi:ess, and, 'furthermore, there .are laws r~gu­

:Iating the.:exercise o:f Jlls constitution::U;puw.ers. Co1\gr_ess .fixes ,his .salarJoY, ..antl must .levy the ·taxes .to .pay it, antl must ~P.PtO­,ptiate the mon~y from the 'Treasnry -annually to . P~flt. With­_ont congr.essional EUJProptiation the "Presidency would . be ,pen­.niless. ·cougress .coliltl 1ix :.the salary of ' Presii:lertt at $1 _per ,year:If the necessm:y ±wo1tliird_s -vote to override ;an .Executive veto could -:be ral.lietl ' ln ~ bath Houses ·of Co~gress. The .Congress

·can ~by ~impeachment remove. an_y executive officer ' in ·the United States, .and, in ' fact, can remove 'the ·Presttlent himself. Thuqgh the'President 'has . .a veto,: it 1ls.:-nrlt1iruil untl can·nm:stand in 'the

. 'fa~e Of a .two~ird.s -vate, o'f i:bose who ·filrectty ·and imme.tliatetr antl personallYT~present ~the saverei,gu :;peoPJe. 'When 'the·Con­stitution ·cunfers J>UWer -upon ~eftlrer 'the Executive or jutlicial

' bi:anCb.es but "do~s"llot · tlefine ilmt ·powernor j)l'esoribe 'its. llintts ,nor 1ix the -manner ·of 'tts ex:ercise :nor ·impose san'Ctions ·and _penalties 'far ,lts -vi<'.ll.a'tlon, --then · it 'is the 'Congress that 'lDn:St ·prescribe 'llll ,these things 1-lJrappropriate ·~ation.

l'nIE ;pQ'WllR ..!rO :INVESTIG.A:'!tllil 'EXECUTIVE DEPi!Il'.IlHJlmTS lS KDSOLU'l1El, l!N­

CONFINED, AND RESPONSIBLE ONLY TO THE SOVmmDlGN ; PFJO.Pt.E .AT THE

"POLLS

·in the discussion ·that ·has gone on ·inside ffnd out of Congress ·respecting 'the constitt;rtionality of 'the _power being exercise{} ~Y :the 'Congress .to- investigate matters i:elating to the eA.""ecutive deyattments, ana by such power 1 mean -not an investigation

'by the :consent •uf 'the de_partments .themselves but n.n investiga­·tfon -With _power to compel the attendance di-witnesses and the production ·of papers, a 1power that has -no limits except con­gressional discretion, and "for ·the abuse of wliich ·there is no remedy exceyt a _po1itieal -remedy by a fi~li.l a_ppeal to .the -supreme court df public upinion_:in -this 'discussion it has been ·so ·often stated .as 1;o ibe -generally -assumed ' that 1Co-ngress has no sueh ,pow-er ·to ·investigate exc.ept, ih>st, to gain information lodking to 'tll.e formulation of general Jegislntive _policies, to assist 'Congress in :framing laws, nnd to govern the future action ·of Congress 'in l~islatiug, anU in the next place with -respect to 'necessary information ·to ena1:1le the 'House oI ·Re_pl'esenta­ti ves to perform its constitutional power o'f impeachment. ·1 trespectfult,y submit that these .assumptions ·are -too limited in their application, and to :that -eJ..."tent 1are false and unfounded. .Congress .has to .do .o.ther . all-important .and ,pec.uliaElY high ,preroga.tiv.es that carry with them the .necessary .implication .of power to :.investigate :"the e~ri.tiv.e .dep.artments of file Gov­ernment. 'These .other.powers..a.re ,the.vower,,s of taxation ancl .of

. ~pp.rqpria.tion of ,public .funlis. Taxation measures .must o.l.'igi­

..nate :in the House of ·Representatives, hut the Senate may amenO, and t.o enable ,either :Bouse of .Congress to 'have :tll.e

;pr.oper ln'formation . .regarding Jts annruil duty to :leyy tax.es .it possess~ the power to compe.J...in'formation as to how .the law.a "that it prev.ionscy has enacted .are w.orking in the ,production of revenue .and how these exec\itiv.e offi.cers.clm:tged with tile admin­lstra.tion o'.f su.6h .revenue-a>roducing laws are .cilllSb:ui.n.g tllem and applying tnem not in ,.general .buLin .the acid test of par­'ticular 'instances. .The '.Treasury Department .has .been .created

··by too law of Congress . .E.vecy scrap -0f power .that it exer-cises must be found in the language of the laws enacted by Con,gress. COJ:lgress alone can confer llj)Oll it the i:power to enwloy officers, agents, a.c«.ountants, and. clerks. Congi:ess.alone can _prescribe their powers .antl fix .their .salaries. Congress a.lone can ·1ev_y the ta:xes to raise ·,u~e funds ana .~pp.rQJ>riate the ·same from the '.Public Treasury io ~Y their .salaries. Thus this department and ever3 otber ~purtment .is .the llii:ect cx:ea­:ture o'f Congress ana a .creature .not of s.ome ,general law enacted mal).y _yen.Ts a:go 'but depending J>~petuall,y .and con­stantly i:won the will of 'Congress ·for that .lrte,giving com.Pen­sa:tion which is :the :mains_pril).g df service. -!rHE 'HOw.RB ,Olf .:A:PPROP!UATION J:S lA CONSTlTml'IONAL •CHECK UPON r.lJXIDCU­

TIVIil AND ADMINISTRATIVE MALFlllASANC.l!l

.Th-en, Gong:ress .must have .info.rmation ~to enable it -:to appro­priate public funds wisely. Is .congpess ·to 1be dependent upon lu\phazard and uncertain information gathered from extra­d~partmental ·sources :'for its information as tD 'how to .a:ppro-

-p1·iatE!'? .Itnra.st antl ttoestl]ossess the .power to -compel .every tle­_partmental "hentl ·and evei:y officer, clerk, and accountant in ·eve~y -department to 11.pp.ear in .Pers.on, ·w:ith -all public records, ·to , give ·Coogress the information ·which ' in ·constttutional con­·templation 'it must have. Whatever df ~crec;y ~m1l.Y now exist as to -the ·records in 11IlY department eXi"sts . by virtue of some law -enaeted hy 'Congress. <unless 'C<Jl1.gress 1)y law takes 'from

.JJUblic records · the right of every cttiz.en tD :inspect ihe _procee·d­cings uf ;lils ~Government, then 'that ..tight remains. 'Tbe Consti­"tdticm :confers:no immunity 'df -secrecy. 'The 'CenstitUtion places -no -sliield of 11tivacy -about .any tlepartment. '!rhe 'Constitution bolds fill governmental activities ont ~in the 'broatl surtliglrt ot oemocra±ic publicity.

IOONQBlllSS IS ~ tfllllElIDUAR:Y I.rSGA'DDE >OF ~L rFtBl)llB.AL PO:WlilllS

'It ris :Congress ·that ·provHJes who ·shall 'become President 1in ·case -both 1:he 1£resident and 'Vice 1P.resideI1t elecretl •by the 'Electoral College ·shall ·.either die, ·resign, or Jbecome •unable to )tlischa~e 1:he 'duties ·and :powers <of 'the omee. _It ·is ·Congress -fllat iPreserfbes 'how ·executive lttficers -'Shall 'be · appoinred, anu ~-congress may 'Vest ·the Presi'dent 1Wlth ~fhe •pawer :to a1Jpoint certain inferior officers, but m;1less the Congress ·by law iso 'enacts -then ·e~ry 'Officer a1w0Wtetl 1.by :tnre ·IPresHleut •must be ·confirme'd ·~y ~he lSeno:te. ·u .is •Dongress that ,fures 1tlre iremllty ~tar treason, ·antl it 1is-Oongre:gs that ·provides ·the 1laws to ·govern 'the '.!Tetiltorles ·antl ·ml ·other 'Propfilg .-of the lUiiltetl States. 11t 'is .eongress 'that \initiates ·amen.dments <to the ·"Constitution, ·anil -;ft ·ts 1C0Ik,~ess 'that must ·enact 1legi:slati0n enforcing every -amenO.ment •to · th.e •Constitution. 'rhus tt ' is "IllaI1iteet ' that ·om·

6654 CONGRESSIONAL RECORD-HOUSE /l\PRIL 18

proposition that Congref;s is the reservok of constitutional power is sustained.

The President must be able to point either to some specific constitutional power or to some specific congressional legisla­tion to enable him to do anything ; but if there be any power of any sort vested anywhere in any officer or in any depart­ment of the Federal Government whose exercise is not defi­nitely provided for in the Constitution itself, then it is the Congress that must fix the manner by law in which this power may be exercised. In other words, if the Federal Gov­ernment has the power, either expressed or by implication, to do such things ns carrying on war, conducting foreign re­lations, regulating interstate and international commerce, tax­ing the people, appropriating public money, and if the Con­stitution does not expressly in definite words give any such power to either the President or the judiciary, then that power can be exercised only by Congress. It is therefore manifest that the Congress is a sort of " com1tituent as­sembly " representing the sovei·eigu people in the exercise of these undefined sovereign powers. ACTCO~ BY CONGRESS NECESSARY TO GlVJl LIFID A:S-0 :\WT-IO~ TO FEDERAT,

JUDICIAL POWERS

. What is true with reference to the office of President is pre­eminently true with reference to the judiciary. The Consti­tution briefly and in most general terms states the judicial power of the Federal Government, but the duty still rests upon Congress to provide the machinery by. which this judicial power may be exercised. The Constitution provides that there shall be "one Supreme Court," but does not fix the number of justices on the court, nor their annual compensation, nor the manner in which they shall proceed, nor the time when the~' shall meet, nor the rules of court. The Constitution does provide that the justices of the Supreme Court and the judges of such inferior courts a~ may be established hy Congress shall hold office during good behavior, but the fact still rests with the Congress b~- impeachment to remoYe any ·one or all of the judges of the Supreme Court or of the inferior Federal courts.

It is Congress, bJ taxation, that raises the ruoney and appro­priates the same for the payment of the salaries of the judges of the Federal courts and of all the other otlicers of the Federal courts. Subject to the provision that the salary of no judge· shall be diminished during his term of office, Congress m~1y fix the salaries of Federal judges at $1 per year and may thus indirectly destroy the judiciary. Tlle Uongress can not ulJolish the Supre~e Court, but may reduce the number of judges as it sees fit and may reduce the salary as it sees fit as to future ap­pointees, and, in fact, may fail to appropriaate the money by which to pay the salaries of the existing members of the court THESE VAST POWERS AUE T"ESTEO l!!ol CONGRESS AS THE SCRF.ST EXPO'.'\ENT

OB' THE: wrLL OF THE .MAJORlTY

It may be answered that these are terrific facts resting in the hands of Congress; that they are dangerous. But no man who will read the Constitution will doubt the truth of the state­ments herein made. There was rea:,;on for conferring these great powers upon the Congress. Those who will read the debates. in the convention will understand how the practical men, men who knew the extremes of Britis)l tyranny, men who knew the corruption of colonial executives, men who knew to what depth of depravity and to what pitches of power many executive or judicial officers will go unless restrained by the people, speaking through laws, and by the legislati>e power of appropriation for salaries and by the le~islative check of impeachment. These men knew that Congress could never be­come dangerous to the liberties of the country. They pre­scribed that the Congress should keep a journal of its nro­ceedlngs, and that ·one-fifth of · the Members of either Ho.use might on any question demand that the yeas and nays should be entered in that Journal, and that tbis J"ournal should be pul>lisbell from time to time. They framed the . Constitution knowing that the proceedings of the Congress would be in the open, where all men might hear with their ears and that the proceedings should be printed so that all men might read with their eyes. _

The framers of the Constitution and the people by their conventions that ratified it knew that large bodies such as the two Houses of Congress, acting in perfect publicity, could not corruptly conspire to loot the open Treasury or to destroy the people's liberties. They knew that partisan zeal would always remain sufficiently alive to prevent the unanimous overriding of constitutional limitations. They knew that though a corrupt

majority might temporarily obtain control of Congress, yet there would always be a minority which from self-interest, if not from patriotism, would be prompted to protest vigorously against majority despotism. They knew that this minority would come before the country to tell of the misdeeds of the majority, and they knew that the people would in the main be forev-er pure minded and patriotic and would drive from power such officers as may have breached their trust or exploited their official stations or abused their governmental powers. There is the great and only remedy for tbe congressional abuse of power. It lies in the appeal to the people. That is the reason that the convention prescribed in the Constitution that each House of Congress should be the judge of the elections and qualifications of its own members. It gave the President no right to dictate who should sit in Congress, though it gave the Congress the right to remove the President himself. The Constitution ga>e neither the Supreme Court nor any inferior court any power to say who had been elected to Congress or who possessed the- qQalifications for a seat in either the House of Representatives or the Senate, but ·the Constitution did give to Congress the right to remove any judge of any Federal court by impeachment for any such malfeasance in office as the sufficient congressional majority deems a just cause for impeachment. A THREE-HlUDED, DEADLOC'KlNG GOVERNMENT WOULD PROVE lMPOTENT

The members of the Constitutional Convention were accus­tomed to the form of Federal Government existing under the Articles of Confederation. Such Government had no executive and no judiciary and all the powers were vested in the Congress. It was therefore entirely natural that the residuary depository of power under the new Federal Government to be erected by the Constitution of 1787 should be the Congress. It was further­more. recognized that complete equality of power and complete independence between departments would finally result in a deadlock. Power must exist somewhere. If the E-x:ecutive had power to tax: for its own support and to create its own rules and to function indep~Jident of the annual appropriation by Con­gress, then the framers fully realized that they would be ex­changing a despot residing in England for a greater despot with greater power residing in America. The men who framed this magnificent Constitution knew that a government to be effective in a crisis, to have the power of defense and of self-perpetuation, must bave large and extensive grants of power, and their problem was merely to place that power in such a repository as to inslU'e the greatest possible degree of safety in its exercise­safety ngainst destruction of personal liberty and popular free­dom. CONGRESS FLcl.S llIORll 'l'H.AN M!llU!l LAWMAKING DUTIES-IT IS THE

NATION'S GRAND JURY OF INQUEST TlLL THE NEXT ELECTION

The very word "Congress," as applied to the legislative de­partme,nt of the Federal Government, indicates that the framers regarded it as a successor to the "Congress" that existed under the Articles of Confederation where all Federal power, including legislative, executive, and judicial, was exercised by the Con­gress and by the Congress alone. During the discussions in the Constitutional Convention of 1787 tbe original resolutions and drafts- all contained the word "legislature," in referring to the body exercising legislative power. But at the close of the con­vention, "'.hen the Committee on Style was making its final revision and harmonizing the parts, and arranging the provisions logically, the word "legislature" was changed to the word "Congress."

Manifestly, the idea in the minds of the committee and, through them, the convention, which adopted their report, was that the people of the States and the delegates in the .state conventions would better understand the functions of the legis­lative branch of the new Government if the word "Congress" were employed. Furthermore, the " Continental Congress " merely implied. a conference or an association or a conven­tion. This same word was applied to the ·sole functioning body of the Federal Government under the Articles of Con­federation, but in the minds -of the Revolutionary statesmen this "Cong1.'ess of the United States" was the American suc­cessor to the British Parliament in so far as international and interstate affairs were concerned. Therefore, to the Amer­ican mind "Congress of the United States" was analogous in its relations to the executive and judicial branches to the Par­liament of England. Under the British constitution the legis· lative, exe~utive, nncl judicial functions are somewhat com­mingled and blended, and the supremacy of the legislative branch is thoroughly established and universally acknowledged. 'rhe legislative branch c~n by any act change the British con-

•

1924. CONGRESSIONAL .RECORD-·- HOUSE 6655

stitution. According to the British constitution, the Prime Min­ister is the chief administrative officer of the nation-though the King is the nominal executive-and the Prime Minister. is at the same time the majority leader in the national legisla­ture. Fnrthermore, the House of Lords-somewhat analogous to the American Senate-then exercised, and still does the func­tions of a supreme judicial body.· It is true that t.he actual decisions are prepared and rendered by the " law lords," but theoretically the decision is the decision of the whole House of Lords. If, therefore, to the mind of the American the word " Congress ,,. brought up the idea of " Parliament; " if the word " Congress" implied something more· than a · mere legislative body, then it is entirely :teasonable to conclude that the people who made the Constitufion thought that the pro­visions of the Constitution to which I have already called atten­tion would insure their liberty and freedom by the supremacy, in the final test of congressional power, over Executive author­ity and over judicial prerogative.

The President holds his office until he shall commit and be convicted of " high ·crimes and IQisdemeanors," or until he shall become "disqualified." But who shall decide when the Presi­dent shall have committed "high crimes and misdemeanors" or shall have become "disqualified"? It is Congress that must decide. The judges of the Supreme Court and of all inferior courts hold their office " during good behavior." But who shall decide that a judge shall have ceased to demean himself with "good behavior"? It is the Congress. On the contrary, who can put a limit to the tenure of a Member of Co:qgress? No one but Congress itself. Who can decide that Congress col­lectively, acting by a constitutional majority, bas done "'rong? Nobody but the people at public polls by electing other Mem.: bers of Congress pledged to repeal the acts of the irregular and improper Congress. In other words, there is no limit that can be set to the power of Congress acting within its constitutional authority. No man nor set of men, no President nor any court can say that Congress has gone or is going too far in the exer­cise of its admitted powers. It can not ·be said that Congress· bas the power to investigate some acts and some offices about som~tbings and ta a certain extent, but that there is a limit beyond which the power of Congress does not go. It is like what Chief Justice John Marshall said about the power of Congress to tax :

The power to tax involves the power to destroy.

The power of Congress to act upon any of its constitutional rights and duties is a terrible and tremendous power. · If the Congress acts unwisely, the country will suffer, but the country has a remedy. All Members of the House of Representatives must be eiected every two years, and elected by the people. One-third of the Members of the Senate must be elected every two years, and elected by the people. So that the people llave their remedies, and the Members of Congress are accountable to the people and to the people alone.

RAILROAD DISPUTES .ADJUSTMENT

The SPEAKER. By special order of the House, the gen­tleman from Massachusetts [Mr. WINSLOW] is authorized to address the House for 30 minutes. [Applause.]

1\lr. WINSLOW. Mr. Speaker, I ask that I be allowed to p1~oceed without interruption . until I have finished my first statement. My purpose is to end my first statement within 30 minutes in or<ler to allow time for questioning, if possible.

Gentlemen of the House, my appearance here this m.orning is due to the fact that I am chairman of the Committee on Interstate and Foreign Commerce of the House. I desire to have whatever I say be regarded as an official utterance and devoid of any personal touch whatever. Some days ago a member of our committee, the gentleman from Kentucky [Mr. IlABKLEY], who, I regret, is out of the city and so not here to-day, asked for permission to address this House on the subject of transportation for an hour. Two or three days ago he made his statement on a particular matter allied with the subject of transportation. He spoke of a bill which be had introduced on the 28th of February, by number H. R. 7358. It is not my intention to discuss the merits of that bill . .

The gentleman from Kentucky set forth his ideas on the sub­ject and explained it at considerable length and accurately I dare say, as representing his own views, and he did it in a p~r­fectly orderly way. In due time near the end of his speech he was moved by some spirit or another, maybe an inquiry, to say to the House that the proponents and the opponents of his bill had been gagged in respect of the consideration of that bill by the Committee on Inte,rstate and Foreign Commerce. In the ordinary passing of persiflage on the floo.t of this House no one

LXV--420

would mind such a statement as that very much ; but when it carries with lt the Imputation of bad purpose and bad faith on the part of one of the largest committees of this House, num­bering 21, and, so far as I know, representing, as I believe he did, the views of only one member of the committee, it is time to have the situation explained. Such is my purpose. The gentleman in his remarks called attention to the fact that the members of the Committee on Interstate and Foreign Commerce had not recognized the merits involved in this bill, as they should have, and that they passed it over with slight concern, and he referred to the fact that the Senate in its wisdom, through its regularly appointed Committee on Interstate Com­merce, had given time to the consideration of the bill. The Senate has a committee of 17 to do part of the work which our committee of 21 is expected to do. The Senate committee of 17 gave the bill over to a subcommittee of 3 to handle, ·and that committee of 3 found that there was enough in it to warrant the publication of that much testimony-about 2 inches thick [illustratlng]--covering a period of six or seven days. That subcommittee, while there were many witnesses still in the room and who had been hanging on there with a desire to say something in opposition to the bill, cut the hearings sharply off without notice. They said, "These hearings are over," and yet they had consumed some number of days in hearing testimony, . with witnesses yet desiring to go on. I want you to mark that faCt for the reason that the utterances of the gentleman from Kentucky [Mr. BARKLEY] would seem to indicate that this was a little fly-by-night matter which could be decided or run in at almost any time in order to please some one in particular or somebodies in particular.

Our committee is not a " by-guess and by-gosh " committee. [Laughter.] It lays out its work with care. We are not here to make a confession. I am not here in a spirit of aggression. But here is the House, made up, when all the membership is available, of 435 men, representing the whole country and some outlying possessions through Delegates. Here is a pro­posal involving one of the most sensitive problems which this country has to consider, the matter of railway labor, and it is not to be expected that our committee in its wisdom will flippantly handle such a bill and say, "All right; we will take it up to-morrow, or day after to-morrow, or sometime, to please you." A bill must be considered as to its merits. The com­mittee must consider the amount of time likely to be occupied in consideration. This bill should be considered, and was considered by our committee, with reference to its connection with other allied transportation subjects, and with a further thought in mind of great importance, and that is the availa­bility of the bill for possible legislation in this Congress.

We have in committee-I know it to my sorrow-a call every little while to bring out some bill to help some fellow please somebody else somewhere. That may be a fine thing to do in the case of a bridge bill. We do it. It may be a fine. thing when reasonably possible to do in the matter of a subject not controversial. But when it comes to an underlying funda· mental subject, it seems to me and I think to most of our com­mittee that it is mighty unwise procedure. I do not believe that any committee is justified in holding prolonged, ~xpensive hearings-expensive as to the cost of them, through stenog­raphy, and so forth; expensive as to the cost of time on the part of the members and the witnesses-unless they expect or have reason to believe that the reported legislation can pos~ sibly· be considered by the Congress.

If you follow the other plan of holding long hearings to appease somebody, you are doing nothing more-and we all know it-than to put in a political plug somewhere; and so long as this committee that I am connected with is influenced by my suggestion, we shall not give ourselves over to the opportune method of doing things to appease elements, unless it appears that something substantial shall come out of our efforts and conclusions. [Applause.]

Just to show how things are going with our committee-and you had better know it-we are brought up on the carpet in a certain way, where we are obliged not to defend ourselves, but to furnish facts, so that .when you come to further con­sideration later on you will have a knowledge of what we havo had in mind. ·

You will remember that in the opening of this Congress we spent about a month dilly-dallying around, trying to organize. Our committee was organized a.s early as possible in the usual way on the 9th of January. From the 9th of January to the 16th · of April, when this little matter now under discus­sion attracted attention, there were 85 what we call legislative days during which committees could meet in the usual and orderly manner, Out of those 85 days we held meetinga to the

•

OONGRESSIONAL RECORD-HOUSE APRIJL 18

number of 6(} 011t of 80. possibl& days; und in :tddition to ' tlmt Mr. R~ I have no objeetion to the gentleman going we hnd 2.3 meetingS' of subcommittees sandwiched in. , on if it is proper that they may. be used. For one, I want to

I merely want you oo ree:lize· that that cwmmittee has oC'Ca- knpw. , sion to coUllt its- minutes, to consider the wisdom 4>f the bills Ml!. TINOHER. Mr. Speaker, I do not think that question they take up, with a due regard to the various essentials which i!I before the House. The <illairman of the committee represent­! l\avc. enumerated.· ing the• <?ommittee, acting for the committee, an.d speaking foe

IDurinQ' that time we> 1'tave had pass through our committee's the eomMµtee, as ·he stated in opening his address, is· now· gi~­hands rn& bills. Thirty-three we tran:sfe"rred without any par- 1ng: certain information, and I do not think a. point o.f oude1' ticuJar effort cm the pa:rt of the committee to the- Veterans' e.ould be made against that. BUreau Committee, the new one; leav.fng 123 which· we- ach1ally Mr., RAKER. Mr. Speaker--hnd in hand and to which we gave actual consideration. All The SP.EA.KER. The· Ohair' does not care to hear the gentie-of them would, I believe~ appear to you_ to be important. man from Califonnia at present. It is a well-known fact that

We come along, my friends, to a1 time when t1ie miscellaneous it is not in 01·der iru the- H-0use to discuss and report what has ums which could be taken care of' hm:l been• virtually eonsrn:. transpired! in com.mi trees. •Whether it is in order to • ref~r tn ered, and we bud' a meeting, arrangetf not under pressure, to the formal minutes ot a committee, the Chair is not certain, and QOnRider a program for the futnre. On the 8th o!' Mareh the Chair w@uld like a moment to. look. that up. we hu<f a• meeting for the pm·pose- o:ff taking up the bil1s-- before :Mr. CR..AiMTON. ~. Speaker,.Jet me ask the gentleman f.nom us with a view to arranging tl\em as to subjects and1 impor- California, if I may have his attention, whatever might be· the tance and with a: view to fixing plans fbr' '(>rocedure. At- t11at rule, if he does not think, as a matte.r of fair play an<l good me<'ting-and I wish now to read fi'om tlie transcript- of'" <Jnr faith, when an. attack is- launched against a committee of this record-" Mr. BABKLEY moved that the meeting en Tuesday &us~ eharging it with dilatoriness and with· lack of attenti,on next be devoted to discussing, Fi& far as poasibre, the· future pro:.. to n. given bill, that it is p1·oper- for the House to have the real cedure of the committee, outlining its plans dUring tlie re- facts in the case~. mninder- of the session.'" That was the motion of the gentle- Mr. RAKER. Will th.e gentleman yield for a: question'? man from Kentucll:y [M1r. BA.RKLEYJ' 10 days after- introducing Mr. ORAMTON. The gentleman from California has tbe bis bill . . Following that on through, on tl'le 11th of April, the :door .. Tuesday mentioned in the record; it was the- understandfng, M.r RAKER. Mr~ Speaker, may I ask one question? a.ftett hearing Governor Morrow, begfnning on March 12, the The SPEAKER. The Chair: will hear the gentleman. next dny, the next meeting would be for thei purpose f>f further Mr. RAKER. '.L'here· were· two matters, and one in particular. coni;:idering the plans of the committee. Governor- Morrow's w~ereo it was ai matter of absolute fair play. I tried to get the testimony went on longer than we expeeted, but the· first busi- nunutes, and I went to ev.ery pai:liamentarian in. the· House to ne~s taken up aftel' h& bad :flnis-hed hi.S testimony was in regard see· whether or not ] could use the record. I went to the to the bills al1reacty brought before- the· committee; and the Speaker's clerk and I went ro Mr. CANNON, who was then: record shows that on MaTch 14-, rather then on Tuesday the woi:king on the matter~ They all looked it np fur me and theY. 12th, the chairman outlined' to th& memtie1•5 of the committee said, "Well, it is: a matter you ought to be pe~mitted t.@ d~ the- oms-now pending: · RAKER, but you can not do it," and I had to quit~ Now, I just

"Mr. BnKLEY moved that the- committee meet- at 10.30 a. m., want a ruling this. rnoi'ning, so that when I get in. ai mnch latell Saturday, March 15 "-fo1~ the purpose of taking up bills on or hereafter L may be in shape to present such things to tha which the committee has already held hearings and whtch were House in the· orderly way. · ready for action. Mr. ORAMTON. But, if the gentleman will permit,._ what

, .. Curried." the House is concerned about now and. what the House: is You will note t'.hat no mention was mud'e of thla Barkley bill, interested in now is· not some trouble of the gentleman. from

reported to be in a committee jam. California but particulru: charg.cs of d,ila.toriness and la.ck of Our committee met on March l5, anc.l we did not then take. aJttention to important business which have been made against

the b · tl\i& particular committee. If anyone ever maltes an attack up su Ject of procedure. Wo took UP• Panama Can.al npon a committee of which the• gentleman from Oali:fornia: tolls and pushed them along for the reason that the gavern.on might be the chairman and charges that he is not ·giving proper of the canal was here waiting in order to testiiy., so that he might get away and' go on home to his. duty;, as we would eonsideration to bills before his commitJtee., r hope that: no one Ii~e to Jjave him do. The next day we took U:1' more- Panama would interpose an objection which would prevent bis making bills, and also one affecting the. interests of Porto Rico, which a proper· statement. t 4-. d he b l\fr. RAKER. If these charges are made against the com· governmen was represen"-e re y; delegates, in order that mittee and ce1"1Jain members personally, I want to submit it to we might help them get on their way h6llle. On. the next da.y. we considered Porto Rican matters again, and then we took the Speaker this morning. I a,m for fai'r play. I am not' up another, the :Mlssissippi barge bill, in. which the people objecting to the gentleman from Massachusetts [Mr. WrnsLow] living in the Mississippi Valley, the Southern Statest along tha proceeding in this mutter in his own way, but I desire this Black Rfver, and up a~ . far as St. Paul, were interested,, at: j controversial question settled by the Speaker: Then- we will the l)ehest of the Secretary of War. , ail know to· what e.rt'eilt one can go relnthre to the proceeillngs

There was no objection as to procedure during all thfs- time I of a committee and tlrn use of its records. fl'om anybody. We followed on with the. bnrge bill fon :tlour, l\Ir:' LONGWOR'lJH and Mr. QUIN rose. days, and tbere wns no objection. The.u we w:ent on to the 'IJhe SPE'.Al.KER. The Chair will hear the gentleman from

. Mississippi. 2~th, and then fook up a number o.f bridge billsi to pl.ease a l\fr. QUIN. l\fr. Speake1', it occurs to me that there is more lot of Men;lbers of Congress. Then we,. came, to. Mar.ch 26.-and than the discussion indicates so far fnvolved in this question.· I want you to taJte notice of this,. because it will show; th& extent to whl'ch this Barkle~ bill was jammed against the I' voted !or the proposition to· have a bill taken from a co~ wall by our committee. I will read,. not as a whole, but enough mittee by petition, and I even voted' for 100, but it passed at to give you the facts, from our committee records. 150. It is fundamentally wrong, it occurs to· me, that- a chait:-

Mr. RAKER: Mr. Sl)eaker,. I rise to a point of order~ man of a committee, by having the majority with. him, can The SPEAKER. Th& gentleman. will state it.. shut• out certain legislation by :putting a number of' bills ahead 1\1 RAKER r a t d th tl · o! it, some of them, perhaps, not worthy o! taking up the

r. · un ers an e gen eman. lS 1,'eading from, time of the committee. It seems to me it is ve.,.y vital th 0 t tl'. ... the minutes of the committee. ... ·~ ......

Mr. WINSLOW.. 1 have been so far. point be ruled on t>:r the Chah, the point as to whether or not the minutes of' a: committee can be brought out on the floor

Mr. RAKER. All I ask now is that the- Speaker rule: whethe~ o:C this House. or not a ~1e~ber is entitled to use- the minutes of. a committee_ Mr: J!..ONGWORTH and :Mr. CRISP rose: I h~ve tried it.~ never had a ehance to bave the Speaker- rule The SPEAKER. The Chair will recognize the o-entleman ou it. I ~ould like to kno:W so that hereafter I. may be able- to· I from dl1io; . c.

use th~ m1;11:iites of a mee~g of a committ~, tf that ~uld be Mr. L~NGWORTH. Mr~ Speaker, it has alwayg occurred the. rulmg, if not, that othei:s Dlll'Y' have a guide for then: future- to me- that the obj'ect of ttl.e rule whieli has been referred tu action~ lt the gentleman can use th~m, thew I will.• withdraw' , was: to prevent members from revealing the attitude of othei: m:y pomt of order. ~ut l want a :ruling from th01 Speaker, be... members. on a· committee. That was the 'obj_ect of the i·ule and cause it has been vital as to whethen or-no.t you- can. use th& not to- prevent the· House' from liaving knowledge of' hearings mlnutes· of an~ committee: of the: H'Ou.se before- the Hieuse. on certain· bills. What the .chairman of' the ::fnterstate and

M.r. WINSLOW:. I: wu perfectly.· sa.tlistled ta haiv0! the gentle- Fb:reign Cf0mmeree· Committee· has said dnes not reveal the pro-man t1·y it out, nnd I dllt not sar that: unhnppily at- am . eeeding& of' the- committee- ~ the sense ot giving the attitude of

• 1924 OONGRESSION AL RECORD-. HOUSE. 6657 members or votes on particular measures, but merely as to tlle volume of the work and the sequence of the work. It seems to me there can be no possible objection to it and that it does not fall within this rule.

Mr. CRISP. Mr. Speaker, I simply desire to present one or two thoughts to the Speaker in connection with this matter, for it is a matter of the utmost importance to the House. I think the gentleman from Massachusetts [l\fr. WINSLOW] should be permitted, no matter what the ruling of the Speaker is in this case, to proceed, and I think the House would give unanimous consent for him to do it; but the questi0.n involved is one of importance. My own judgment is that the debates and matters of that kind that transpire in a committee are pro­tected with a cloak of secrecy and ihould not be used in the House; but the public has a right to know the official action taken by a committee. Mr. Speaker, in my judgment that is the only reason why committees keep records or minutes of their proceedings; and h seems to me, undoubtedly, the official minutes of the committee are competent to be used in the House. I go further : I believe if a court proceeding arose as to the conduct of a committee, it would be legal and com­petent evidence to introduce in evidence. in the trial of the case excerpts from the minutes of the committee; and in my judg­ment, undoubtedly, excerpts from the minutes of one of the committees of the House are legitimate subjects for discussion on the floor of tbis House.

Mr. LONGWOR'rH. Mr. Speaker, may I add just a word in addition to what the gentleman from Georgia [Mr. CRISP] has said? There is even more reason at this session of Congress for the production of minutes, on account of the new rule which we have adopted relating to petitions to discharge com­mittees.· It seems to me highly essential under those circum­stances that an explanation can be given as to why a certain bill has not been reached in the orderly discussions of the committee.

l\Ir. CHINDBLOM. Will the gentleman yield? Mr. LONGWORTH. Yes.

. Mr. CHINDBLOl\1. In the event a petition has received sufficient signatures and the question of the consideration of the bill comes before the House, I presume it would not be contended it would not be then proper to discuss tlle conduct of the committee in the handling of that legislation.

Mr. LONGWORTH. Certainly not; and therefore why should it not be discussed in advance of that parliamentary situation?

Mr. CHINDBLOM. Exactly. Mr. NEWTON of Minnesota. And while a petition is pend­

ing for the purpose of having the committee discharged, which is the case here.

l\lr. LONGWORTH. Precisely. It seems to me that while I think the gentleman from Georgia is entirely right under ordi­nary circumstances, with this new rule he is even "more right," and there is even more reason why the chairman of a committee should make exactly the sort of statement that the chairman of the Committee on Interstate and Foreign Commerce is making now.

MT. RAKER. Will the gentleman yield? Is it the gentle­mau's view that a Member would have the right to read before the House how Members voted in a committee?

Mr. LONGWORTH. No; not at all. Mr. RAKEB.. That is a written record. Mr. LONGWORTH. But that is ·not what the gentleman

from Massachusetts [Mr. WINSLOW] is undertaking to do. l\Ir. WINSLOW. Will the gentleman from Ohio yield a

moment? Mr. LONGWORTH. Yes. Mr. wrNSLOW. If it were of enough importance, the re­

porter could read the last utterance I made, which was to the effect that I now will give you some facts, but I will not read from the record-that is where the votes appear-these other matters I have referred to in order to meet a certain part of the statement of the gentleman from Kentucky [Mr. BARKLEY], which I shall later bring up.

Mr. LONGWORTH. Nothing that the gentleman has said has at all violated the spirit of the rule of privacy which ought to govern as to what transpires in committees wllere Members cast their votes on matters of legislation, which ought not to be made public.

Mr. GREEN of Iowa. Mr. Speaker, just a suggestion in line with the statement made by the gentleman from Georgia [Mr. CRISP]. It will be at times necessary to go to tlle record, possibly not to obtain the \ote of the various l\1embers but to determine in case of dispute whether a bill has been reported. ~ dispute might arise as to whether a bill had actually been reported, in which case there could be no way to determine

it definitely except by appealing to the r·ecords of the committee, and there are other circumstances which might bring such matters into court, as the gentleman from Georgia has stated, in which event it would be necessary to appeal to the record.

Mr. MAPES. Mr. Speaker, this is an important point of order that has been raised by the gentleman from California [Mr. RAKER]. As has been suggested, the Members of the House desire to know what the pertinent facts are in regard to the consideration of this particular matter, regardless of the point of order, and I ask unanimous consent that the gentle­man from Massachusetts [Mr. WINSLOW] may be allowed to proceed with his speech, giving the pertinent action of the committee on the subject under debate, without reference to the decision of the point of order at this particular time.

Mr. RAKER. Mr. Speaker, I reserve the right to object-­Mr. BANKHEAD. Mr. Speaker, I object to the unanimous­

consent request, because I think this is a matter ' of sufficient .importance, as a matter of procedure, to have a definite ruling by the Chair. I would like to submit an observation to the Chair if the Chair will hear me.

The SPEAKER. The Chair will be glad to hear the gen­tleman.

l\Ir. BANKHEAD. I think if the Chair had an opportunity to run down the precedents with reference to this matter the Chair would find that under certain circumstances the pro­ceedings before a committee are entirely legitimate for pro­duction, but they are cases in which, I think, the precedents will show questions arise out of a dir~ct attack upon the pro­priety of the immediate consideration of some measure brought up for consideration before the House upon the report of a bill by a committee. For instance, where a question is raised as to whether or not a majority of the committee were present and voted to favorably report a bill; but I very seriously doubt the propriety as a matter of practice of making it permissible to inject into a general debate proceedings. before the com­mittee, because of the fact that it is admitted that the proceed­ings of a committee are clothed with a certain amount of privi­lege and secrecy, and this very instance, if the Chair will per­mit, shows the possible lack of wisdom of that course. Now, as a matter of argument and as a matter of having an oppor­tunity to reply to the criticisms of the gentleman from Ken­tucky [Mr. BARKLEY] in bis speech a few days ago, I ha1e no doubt from that consideration the gentleman from l\Iassaclm­setts should have an opportunity to reply and to di~close to the House the record of the proceedings before bis committee. That, however, does not go to the question now presented_ to the Chair.

But inai;;much as the question has been raised directly as a question of parliamentary procedure, it seems to me that under the consideration of the executive proceedings b~fore the com­mittees it would be very unwise to open up in general debate and in an ancillary matter like this the 11roceedings of the committee, and I believe the parliamentary clerk, on research, will find that to be the rule. ·

l\Ir. GARRETT of Tennessee. Mr. Speaker, in vicvv of the importance of this question I would like to be heard for a moment. All that I can find in a hasty examination on this subject is contained in Jefferson's Manual, which, of course, is part of the rules of the House in so far as applicable. I read as follows paragraph 310, 311, and 312 of the Manual:

Standing committees, as of Privileges and Elections, etc., are usually ~ppointed at the first meeting, to continue through the session. The person first named is generally permitted to act as . chairman. But this is a matter Qf courtesy, every committee having a right to elPct their own chairman, who presides over them, puts questions, antl re­ports their proceedings to the House.

At these committees th<> members are to speak standing and not sitting, though there is reason to conjecture it was fo rmerly other­wise.

Their proceedings are not to be published, as they are of no force till confirmed by the House.

A minute upon that is as follows: In the House of Representatives it is entirely within rnle at)d usage

for a committee to conpuct its proceedings in sect·f't (IV, 4558-45G4), and the House itself may not abrogate the secrecy of a committee's prn­ceedlngs except by suspending the rule (IV, 4565). In one case the House authorized the clerk of a committee to disclose by deposition Its proceedings (Ill, 2604). Where a committee takes tC'stimony It Is sometimes very desirable that the proceedings be secret (III, 1694) , as · in the investigation of the Bank of the United States in 1834, when the committee . determined that its pro_ceedings should be confidential, not to be attended by any person not lnvit<'d or required (III, 1732). It is for the committee to ~etermine, in its discretion, .whether the proceedings

••

6658 OONGRESSION AL RECORD-ROUSE. APRIL 18

of tho committee shall be ~pen or not. Thus, ln the case !'(}f Ro~rts the committee permitted Its meetings to be B..ttended by the public ;and allowed its proceedings to be published.

In Hinds' Precedents, volume 4, paragraph .4565, I tfind the following:

oonmderation t<t tti.e 1bill or opportunity has been given for the considm:ation of .this measure. [Aipplause.]

Mr. iClRAMTON. Mr. Speaker, the :purpose of the rules, of. course, is to secure due decorum in the tm1nsaetion of bu'S°iness a11d :promote well.,(Jonsidered legislation. .As the gentleman from .Alabama {Mr . . BANKTIEAD] has suggested, there '.hnv-e 1been

The rules do not pei'mit the Honse to abrogate the secre£y · ot a eases where the citation of proceedings of a committee .has eommlttee"s proceedings; but it waB done by suspension ot the rules. been held in ,order. .I recall in the last ·Ooligr.ess, 'Wthen :a. pomt On January 6, 1878, Mr. William P. Frye, ot Maine, proposed the of E>rder was made against 'a rule reported by the Committee following : on .Rules, ithe }>oint of order being made that the t'Ille was re-

"Resolved, That the committee of this 'House appo'inted to investl- por.ted by a C0mmittee when a qu()rum was not present, the gate charges -0t corruption in the matter of stock in 1:he Credit iSSlle being 'Caised as to whether ·or not i8. quornm had authorized l'iioblller be, and they o.re hereby, instructed to <:ontinue such 1nves- ~ report, that the present ·Speaker h~ld that for the purpose tigatlon without secrecy as to either tbeir past or future pro- o.f determining .that iss~e, which was properly before the ceedings." House, the prooeedings of too committee were -the best evi-

Mr. Lu'ke P. Poland, ot "Vermont, lnrvln-g re.ised a question ot order, dence, and' if was in order to .have ,the proceedings reforred 'to The Speakef be1d 'that inasmuch as 1t is provided in Jetrerson's Manual to ~tablish that fact.

that " the proceedings of 11. committee are not to be pub'lishea, as they lfr. RAKER. Mr. Speaker, will the ·gentlem8.!l ~leld? are ot no force 'till confirmed by the 'Hou~," a.nd by .rule ·144 that ... the ,:Mr. OR.AMT-OR In just .a .moment. ':IJhe matter pending rules ut "PRl'lle.mentary practice comprised in Jetrerson's Manua1 shall befare the House ·constitutes an .issue as to which thl:} records govern the House in all cases to which t'hey are app11cable, and in which of ,a coi:pmittee afford the best evidence. We have a new i·ule they are not incunsi.steut w1th the standing Tules and orde11:1 df the that permits .a motion to be made for the discharge ().f a eom:­House," etc., and whereas the provision of the manual was not contra- ,nittee from the consideration l()f ,a bill. rUnder that rule a Vaned ·by any rule ·'.or practice ot the House or joint rule at the two motioo has been filed and has been signed to some extent, which Houses, "the snid i~solntion was virtually a change of the Tule8 and calls fur the discharge of ,the Committee ·On 'Interstate and iFor­could not be ·submittied a:nuer the p1•esent oo.11. eign Commerce fi·om further consideration af a bill. Lf th.is

It seems to me, Mr. Speaker, that the question to be deter- House .is to .continue .the p.r:actiee of legislating tlu1'0ugh .cem­mined ls -whether the official minutes of the committee constl.- mittees, then the motion to discharge .a ·committee from fu1"1:Ber tute a . part of the executive proceedings of the .committee. .considerati-0n of a bill should be based oniy upon the thoocy I am 1nclined to believe, reasoniJlg by analogy., that they do, ,that the .committee riil .dilatory in the penformnnce -0f its 'duty. especially unless the committee itself agrees to m.alrn them .that it is nt>.t giv.ing the consideration to ;a particular ·bill that public .• When I spea'k of reasonin.g by analogy 1 have in mind the bill :merits in the opinion of the House. Therefore, the a case which occurred in the last Congress wherein it was motiro.n that has been filed .as oo this ]particular bill 1does cha.1-sought by a Member from ·Tennessee, .Mr. Clouse, to secure lange the conduct .of the -committee that has the rblll in charge. testimony as to .u vote and record in the Committee on Ways Mr. HUDDLESTON. Mr. Speaker, will the gentleman yieldl and Means of tile gentleman from Tennessee ,{1\Ir. RULL].. Mr. CRAl\ITON. It ·does 1cha1lenge 'the iconduet o.f tlJle 1com-O:he gentleman from Tennessee ,[Mr. HULL] w.as perfectly mittee as to whether it has been prgeet'ding W.itlh due diligence, willing for this testlmOI\Y to be 'taken, but the .Cl-erk of the with .a ·due !CODBider:atiQJl lf0r ithe character and lmporban-ce ot House, acting under the rules .af the "HDiase, dec1ined to giv.e the ·bill. In ,meeting iilrn,t .charge <that .is lodged against it .the the testimo~, although it occur1•ed in a .preceding CoQgz:ess, HollSe, passing "Upon t~ question, is entiltled to the best ev:laenee until the House itself by resolnt.ion had .authorized the Cl~;ck tb.ere is as to 1the CQ11duct ,of the 'C<nllmittee ·ll:ltd that "is rth9. to produce the recor.ds of the past Congress and testif¥ ,i11 evidence found J::rn. the 1procoodings, not the iactions af individual regard thereto. .Jll!eBlbers e-f the 1C@mmittee, hut the conduct •of the committee

There is somewhere to be found a decision .to the ieffect .that .ilaelf a.a a ·whole, as to whether it has been IJ!)l'ooeeilling wiith dne 1t is not out of oraer to refer 1n the House in ,debate t@ the pro- regard to the importance of the bill and with due cli:ligerc:oe. ceedings of a committee in a prior Congress. I .fuld .that in a Therefore, the line that the gentleman lft1om Ma~usetts hasty examination of the manual. But in that case, .even .as 1· [Mr. WrnswwJ has been ifoiloW!ing wanld seem to rbe 'entirely to testifying relative to .occurrences in a .committee of a past m order. To ·hold:otherwiae would lacgely, lllldar itbe 1D.ew rule. Congress it was determinetl that it coula not be done sa:ve "Qy undermlne the practice of legislating through committees, a:nd passing a resolution .authorizing tbe 'Clerk to produce the r.ecor.d. throw ·onoo the dloor .of this :H<JUse, ·from time 1to time, bills Reasoning 'from that precedent, I filil .inclined to believe that .imdig.ested bCY any cnmmittee :emd wit11t ;reference to whlch a. unless the .committee itself .determines to make public fue -eommittee .had .been proceeding with. cme .diligence. record they constitute a ,Pal't of the .executive proceedings and 1 Mr. JilUDDLESTON. Mr. . . Speaikler, wm. the gentleman yield! that the point of order made by the ,gentleman trom ·California Mr. CR.A..MTON. Yes. should be sustained. Mr. HUDDLESTON. I .call ltlre .gentlemants JS:ttentlon to the

Mr. S.A.'BATH'. Mr. -Speaker, all I desire to say ls that fact that the rule gives the right to discharge when the >bill has there is a distinction between giving the Bouse Jnformatian .as i .been 1before :a committee :for 3@ days, '\\~hemt !l!eport, -and no to the activities of a committee that might be .read from the .qnest1001 :of delay 01· 11egloot !is mvolvied. :rt is merely itbe lapse minutes ·and what has actually tr.anspired .m fhe committee. 1 of 30 days' time. As '.[ understand, the gentleman .fl·om .l\Iassaclmsetts .merely : Mr. CRAMTON. The gentleman 1overh&oks ithii:f ifact. 'The uses the mtnutes to inform the House as to tbe activities of rule permits the discharge nf ta 1committee within .St> •dilys, but the committee and not what actually transpired in the ex-ec- -dees not require it; but 'Whether or not the lllI-0t1se wiill require utive mooting l()f ·the committee. ' it under .the rule ·will be based ·11.:pon :and ought 1to be based:

l\1r. t3HALLENBERGlE'R. Mr. Spea!ker, I W&uld 'llet question I npon !the (!Onduct ·of the :committee itse'If. . . the judgment of the experts in parliamentary :iaw, ·but it "Seems 1 Mr. HUDDLESTON. I call attention also to the fa.et rtllat it to ~ a eertam rule does apply ner.e, and that ls the rule of does not require the discharge of the •aomn:tltt..ae, na matter 'how: reason. [Applause.] We have a new rnle that 'is now being , ~oss might be the rreglect 'Or 1how unreasonaOle the delay. iwvoked for the first time, which ~s to dtscharg-e the committee Mr. ORAMTO.N. ~at is •for .the H001se to •determine in the aind brmg this bill ,before the Houee for immooiate c-0nsidera- lligbt ;0f the .facts, :and rwe ;are now seeking to get the 1!acts be­tlon. I am sorry the gentleman from Kentucky is not present fo.re the ,E[-ouse. to ~eak for .himself as •to whether or net the committee did Mr. HUDE>LESTON. But not 1upon that ·lS'Stle. refuse consideration of the bill and whether or 111ot 'it ·was the Mr. L0NGWOR~H. Mr. Speaker, will the gentleman yie1Elt correct thing for him to do to invoke the new rule by filing ! Mr. CRAMTON. Yes, the petition. .Mr. LQNGW0R'nH. Take the matter ot a tariff b'lll. A man

\Vhether or not this House shall consider 'this matter and 1 :most .anxious i:o have such a ·bill ireporte'd -wou1d be absdhrtely net .upon it is .one question, !but it seems :to.me that the Members 1certain i:hs:t it conld not ·be carefnlly '.11onffidel!'ed within, say, 90 are entitled to the information. that the ·chahiman of 'the !{'Om- ' 1Ilays. Tba mere ~act that rt1re .rule permitted .a :certain inumber mittee .is seeking now to gi'Y'e to 'the Bouse'f and, .. speaking .as , of the House to discharge a committee within 30 days ·does -net a member of the committee .and for myself, iI think -that under argue at all that it ought t0. be done or that 1tbe House would the conditions that now rconfrant the Hom;e, this rule never do it. having 1been aJi)pea.led to before, a new •principle being now in- .iM:r1 CRAMTON~ As a matter of faet, J::f the 1rul:1ng contended ;voked, good judgment and :good· reason Shonld decide -thrut tthe I :for jg correct, ·and lfhe •committee started it-s !hearings tbe next chairman ,of our cammdttee shol,lld be 1allowed to 'Present the .ae.y aft~r its introduction, and the hearings were not compl.etea,, record, which wil:l show to the :House w:hether we have :given 1 rnnder the ruling contended for here, that 1nfomiat'ion could not

-.-1924 CONGRESSIONAL RECORD-HOUSE· 6659 be given to the House from tbe best authority, namely, the records of the committee.

Mr. GARRETT of Tennessee. Mr. Speaker, will the gen­tleman yield?

Mr. CRAMTON. Yes. Mr. GARRETT of Tennessee. I suggest this for the con­

sideration of the gentleman and for the consideration of the Cllair. The discharge rule, by the way, is not a new rule. There has been a discl1arge rule in the rul.es :fo:r many years, but it is new now as to form. The adoption o:f that may pre­sent a reason tbat :would induce the House to change the rules of the House, but it would not justify the Speaker in changing the ruiings if the rulings of tlle past have been correct.

Mr. LONGWORTH. Under the precedent that the gentle­man cited a short time ago with regard to the secrecy of pro­ceedings, the gentleman stated, as I followed the reading of it, tllat the committee has a right to make its proceedings public. Would not the committee if it saw fit have the right to give its proceedings to the newspapers?

Mr. GARU.E'l'T of Tennessee. I do not know of any ruling aboot it, but I expressed the opinion myself that any com­mittee did have the right if it chose to do so to make public its proceedings. I think so, undoubtedly, as a committee~ butp of course, that is not this case.

l\Ir. LONGWORTH. It is in a sense this case, because the gentleman from Massachusetts says that he is here speaking not as an individual but as. the chairman of this committee and by. authority of this committee, showing to this House, as he might show to the country, that the committee has been diligent in the prosecution of all necessary legislation.

Mr. GARRETT of Tennessee. I do not understand that tlle committee has given any authority· of that kind. I do not tiiink this matter is so full of difficulty. I think the ruling is very important, but I do not think it is so fuII of difficulty, bccnu~e. after all, the matter is within the control, first, of the Committee on Interstate and Foreign Commerce, i! I am right in my view, and, second, in any event it is within the control of the House by a suspension of the rules~

:Mr. BURTNESS. I simply want ta make this suggestion, to emphasize, as I think it would, the argument which the gentleman from Michigan has already made-namely, in the interest of orderly procedure, with n petition pending for the discharge of a committee, the membership itself is entitled io information as to what the activities of the committee have been upon the question in order that the Members may be enabled to determine whether they ought to sign the petition which is pending or not. .

The SPEAKER. The Chair is 1·eady to rule. The Chair bas always supposed that the main purpose of the rule for­biuding the- disclosure of what transpired in committees was to protect the membenship of the committee so that discussions in the committee, where members were forming their opinions upon legislation, might be absolutely free and unembarrassed. 'Vbereas, tn this House men are making records in a com­mittee, men ought to act with a consciousness that their attitude would not be pub.Jished, so that they could consult and discuss with perfect freedom and the committee would have the first as well as the final judgment of all the members of the com­mittee without fear of seeming inconsistent. The Chair has always supposed that was the real purpose, and it is extremely important that the members of the committee should in its proceedings be mutually confidential. But the Chair in inspect­ing the decisions finds that they go much further than that, and they hold net that simply what was ·said in the committee was confidential but that the records of the committee could not be quoted without the previous authorization of the committee. Now, it has been argued, arnl '°ery plausibly, by the gentleman from Ohio and the gentleman from Michigan and the gentle­man from Nebraska that the new rulo makes it important for the House to know what transpired in the committee in order that the House could judge better whether or not action should be taken under the rule, and the Chair recognizes that certainly in equity that is very impressive; in fact, the Chair­can not conceive of a case where the equities would seem to be more strongly in favor of citing the proceedings in commit­t ee than in this, where a member of the committee has made charges on the floor against the neglect of the committee and followed up those cl1arges here by filing a petition under the new rule, and then when the chairman of the committee pro­poses to answer those charges to have the point of orde1· raised that be can not state what the proceBdings. of the com­rui ttee have been.

If it -was a new question the Chair would be strongly in­clined to hold that it is in order. But the decisious are very conclusive, from 1884, to the effect that the records of th(l

committee are not available :to1· comment in the Honse, and therefore the Cha:ir under the precedents feels constrained to sustain the point of order.

Mr: HUDDLESTON. 1\-lr. Speaker, I ask unanimous consent that tbt! gentleman from Massachusetts nave leave to refer to1 the minutes of the committee to such extent as he may deem advisable, and that the minutes be printed in the REco:&n.

The SPEAKER. Is there objection? Mr. MOOREl 9.f Virginia. Mr. Speaker, reserving the right

to object--Mr. SNYDER. Mr. Speaker, I object. The SPEAKER. The gentleman from New York objects. Mr. LONGWORTH. Mr. Speaker, a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. LONGWORTH. Would it be in order to move that the

gentleman may proceed 7 Mr. WINSLOW. If the gentleman will yield, this will un·

doubtedly be followed through by a roll call, and there will be great waste of good time. I do not want to--

Mr. LONGWORTH. I do not think--Mr. WINSLOW. I can work it in just as well. The SPEAKER. The Chair does not think it would be in

order to move to change the rules of the House. This can only be done by unanimous consent. Mr~ LONGWORTH. Would it be in order to move to sus-

pend the rules? The SPEAKER. No; it would not be. Mr. RAYBURN. Mr. Speaker, a parliamentary inquiry. The SPEAKER The gentleman will state it. Mr. RAYBURN. Under the ruling o:f the Chair just de­

livered, which I think is proper under the preceuents-it is going to be very cumbersome under the new rule adoptecl-· would it be proper for the gentleman from Massachusetts to make a statement along the line that a motion had been made in the committee to take up the bill for hearing and consid­eration and that motion had been voted up or down?

The SPEAKER. The Chair does not think that would be in order.

Mr. BANKHEAD. Mr. Speaker, I hope the gentleman from New York will not insist upon his objection. I think, as a mat­ter of :fairness, the gentleman should have that privilege.

Mr. SNYDER. Mr. Speaker, it seems to be the opinion of the House that I do not object, and therefore I withdraw my objec­tion.

Mr. MOORE of Virginia. Mr. Speaker, reserving the right to obfect, I would like to say just a word. I was very much im­pressed by the argument of the gentleman from Michigan [l\Ir. ORA.MTONJ with reference to the discharge rule that makes the practice In.id down ill Jefferson's Manual very difficult of np­plication. I endeavored before the Committee on Rules in De­cember to secure a modification of the practice we are dis­cussing, because I knew it should be modified if we are to have a proper application of the discharge rule. But I have never been able to get the Committee on Rules to consider that or some other propositions that I submitted for its consideration.

Mr. WINSI~OW. Mr. Speaker, I ask unanimous consent to proceed for part of five minutes to make a statement apart from my intended remarks.

T11e SPEJAKER. The gentleman from Massachusetts asks unanimous consent to proceed for five minutes apart from the lines he indicated. Is th-ere objection?

There was no objection. The SPEAKER. The gentleman bas 12 minutes remaining. l\fr. WINSLOW. It is no part of my code to disrupt law and

order in any particular. I would rather let the whole thing go by than be guilty of trying to do anything of that sort. nut on the day when our fellow Member from Kentucky [l\fr. BARKLEY] made his speech, in referring to the action of the committee, to which he did refer, and it went by, and without comment, and it was printed in the RECORD, he said:

All I know is that the Committ~ on Interstate and Foreign Com­merce has not taken it up. It has refused to take it up.

Is not that an evidence of intent to report what took place in the committee? I took it for granted that if the gentlemnn's representation went by and became a matter of record, I could answer in the same tone and show, not merely by word out of my mouth, but from the real records of the committee, that the statement was not accurate. That is all I had in mind to do.

l\fy 'friends, if we do not change these rules, particularly after this discussion to-day, it means that every time a mun gets np 11ere to tell something affecting a bill, from the stand­point of committee action, some man will say, " Point of order; you are telling something about the side you are interested

•

6660 CONGRESSIONAL RECORD-HOUSE APRIL 18

in." I "heard the master's voice" on this matter-that is, the right of the House to be informed-and I felt that this was of the first consideration. I mean to cover later this petition proposition. Later on I intended to refer to future pro­ceedings in case there were any need. That is not what troubles me most. It is the bold statement of the gentleman

, from Kentucky, who has undertaken to tell what our committee has not done, while as indicated by our record his statement was inaccurate. I am perfectly certain tha1 some people­not all, of course, but some people-who have signed this peti-

1 tion ha·rn done it under the misapprehension that the man who introduced this bill had been gagged· by the committee-if that is the interpretation. I do not now intend to discuss the measure on its merits but later on. It has been pulled in, h·owever, by the heels, as it were.

The question arises as to whether or not under the circum­stances you want rue in an easy running way to say it is not so, and let it go at that, or whether the House is entitled and almost obligated to get the facts. You wttnt to get them. If you want me to do what you might call glossing it over, I can gloss it over, and in some wa~r, without transgressing the rules, indicate the attitude of other people. It is subter­fuge in one case and square off the bat in the other. The statement is made that we have a new order of things and, if it is going to wind up witll less "bunk" and more frankness, I am glad tllat the time has come when we do get into a condi­tion of that kind.

According to ruy recollection, between the 25th of March and the 16th of April, yea, eY"en between the 25th of 1\1arch and the 16th of April, inclusive, several times-I will not say exactly how many, but se"V"eral times, as my recollection tells me--the committee had an opportunity to vote and bring out a bill which is of interest to us here. They voted tl.J.e other way, as I remember it, three times. [Laughter.]

"\Vhat Rl'C the reasons for that? I think thnt the policy of the committee was to clear its desk of bills which they had hacl under consideration, and I believe that the members of the committee felt that tlley should not have everything up in the air all the time, and I am further of the mind that the committee as a whole felt thnt they l1ad better get partially finished bills out of the way and di~pose of tllem one way or another. They proceeded to do it, and then in accordance with what Jias taken place since tllen in the committee, as every- · body knows has happened, .we have taken up several bills, and we have taken them up for the purpose of getting an open space free for new subjects. I remember one man on the

. committee told the others distinctly, in a friendly way, not too officia11y, that it would seem as if we should take the trans­portation matter up as . a unit, becau!"le there are many bills on transportation that are mo1·e or le~!'! interwoven, all hearing on the general subject of transportation, and all must be con­sidered, if it were to he done w1sely, at the same time.

We haye at the moment a beautiful illustration of this ictea. We have :i. doze.n bills affecting th<' "truth in fabric" and " merchandise mishranding." They differ more or less one from another and it seem~ to me, from m.r talks with the members of the committee, that it is their opinion that we are doing well to take these bills up together. I am not g-oing to argue it now, hut I think tlte course of wisdom would he to let the com1l)lttee determine upon the course of procedure on transpor­tation matters.

If we are to go on and have statements ma.de to the public, to excite, it may be proponents or opponents of this and that nnd the other legislation, as to the attitude of the committee; it is clear enough that in a little .while we shall be in an nwful me~s. 'Ve shall be accused of doing things that we do not do. Our committee is being represented by one of its members as having refused to do a certain thing. I do not remember it. I just clo not remember it. [Laughter and ap­plause.] As to our declining to give it co11sideration at any time, past. present, or future. I nm of the same state of mind.

So much for that. I want all Members of tlle House to realize that while we are not tllin-skinned as a committee or as individuals in the cUschal'ge of our duties, we do not like to llave it go out, as affecting the Congress of the United States, that any committee of its own selection would be guilty of crowding to the wall any bill which had merit enough to be considered if it were properly available and otherwise qualified. I bl'lieve the committee is sorry, indeed, to put it mildly, that tlH'Y have without warrant been held up to that censure.·

To show you the interest which has been taken in these bills, 1\lr. Speaker, would I be regarded as working improperly H I took a chance on a little other information of a different character? I want to do the right thing. [Laughter.]

The SPEAKER. The Chair does not know to what the gen­tleman refers.

l\Ir. WINSLOW. In that case I would like to afford the Chair an opportunity to determine.

l\lr. GARRETT of Tennessee. The gentleman has unanimous consent to do that.

l\lr. WINSLOW. I did not understand that. The SPEAKER. Unanimous consent was given to the gen­

tleman to refer to the records of the committee. l\Ir. WINSLOW. Well, I had not any more to refer · to.

[Laughter.] But as indicative, my brethren, of the extent to which this great country of ours is wild about the subject of this particular bill, I have brought in here the entire corre­spondence from the files of the committee. I will not read it, mind you, but there it is, and there are not over 12 communi­cations, and if I have the right I will tell the facts. There were three letters in favor of the legislation; these are two, miscellaneous in character in the way of interrogations as to when the bill might be considered, and there are seven op­posed to the bill, and five of those are from organized railway labor organizations. That would suggest that perhaps there is more than one point of view in respect of the merits of the Barkley bill.

In addition to that the chairman does not remember a single application for early consideration of this bill or any consid­eration except from a committee of four or five representing the four great brotherhoods of the railroad employees who came to see me 30 minutes before we went into session on the morning of the day we had set to determine a schedule, and they insisted that that morning, not the next morning, but that morning, we determine to take up this bill forthwith. Aside from that we have had no urgency whatever for the con­sideration of this particular bill.

I want to say further. Gentlemen, I have tried to give you straight facts.

l\lr. RAYBURN. Will the gentleman yield? Mr. WINSLOW. Yes. l\Ir. RAYBURN. When I attempted to ask this question of

the chairman of the committee the Speaker rule<l that the gentleman from Massachusetts could not answer a question as to the action of the committee, but now the gentleman from 1\~ssachusetts has unanimous consent.. Did not this bill co~e up in committee and was not a motion made for a specific date upon which hea:fings should be begun upon the bill?

l\Ir. WINSLOW. Yes; or virtually so, as appears in record of the committee, as follows:

Mr. BARKLEY moved that, beginning with ne.-.::t Tuesday, April 1, the committee proceed to bold hearings on l\1r. COOPER'S bill for locomotive inspectors, Mr. Hocn's resolution with reference to survey of rates, and upon the railway lal.Jor act which l\lr. BARKLEY introduced.

Mr. HUDDLESTON moved as a substitute that the committee take up the Cooper L>lll to-morrow morning, March 27, at 10.30 a. m.

l\Ir. GllAHAAI moved as an amendment to Mr. H-cDDLESTON's substi­tute that the hearings on the Cooper bill begin Friday, March 28, and tllat in the meantime representatives of the railroads be advised in respect -of the hearings, which was carried as shown by the following roll-call vote reque·sted by l\1r. GRAHAM : Ayes, 16; nays, 5.

~Ir. HUDDLESTON moved to amend his substitute as amended that as the first business following the conclusion of the Cooper bill the com­mittee take up the Hoch resolution. Carried.

Mr. BA.rt.KLEY moved to amend the substitute as amended that upon conclusion of the consideration of the Hooh resolution the next order of business shall be hearings upon H. R. 7358. Lost, as shown by the following roll~call Tote requested by Mr. BARKLEY : Ayes, 9 ; nays 11 ; absent, 1.

Mr. HAWES moved to amend the substitute as amended that following the consideration of the Hoch bill the next order of business of the committee be the consideration of the truth in fabric and misbranding bills jointly. Carried, as shown by the following roll-call vote requested by Mr. HAWES: Ayes, 13; nays, 7; absent, -1.

A vote was then taken on Mr. BARKLEY'S original motion as amended which was carried.

A vote was then taken on Mr. BARKLEY'S original motion as amended by Mr. HUDDL»STON'S substitute as amended, which was carried.

Mr. RAYBURN. Well, that is quite accurate. Mr. WINSLOW. I will show what seems to have heen the

minds of the members of the committee, and I will take oc­casion as long as the gentleman has brought it up, to tell you the re~l facts which are of importance. On the 26th of March, when we had our meeting as to procedure, we voted that the first business to be taken up would be the Cooper bill, That was a bill to provide for an increase in the number of in­spectors for the Interstate Commerce Commission in order

-- <-

1924 CONGRESSIONAL RECOR~ROUSE 6661 that locometives which are in servi~e in the eountr-y might be looked aftel" more ca:refully.

The SPEAKER. The time of the gentleman has expired. Mr. GARRETT of Tenness~e-. How much more time does

the gentleman re.quire? Five minutes? Mr. Speaker; I ask unanimous consent that the gentleman may have five minutes more.

Mr. MOORE of Virginia. l\Ir. Speaker, I ask that he may have 10 minutes.

The SPEAKER. T.he gentleman from Virginia asks. unani­mous consent that the gentleman from Massachusetts may proceed tor 1() additional minutes. Is there objection? [After a pause.] Too Chair beal's none. ·

1\.lr. WINSLOW. Tbe Co<>per bill was urged by railroad em­ployees of all classes ; it was approved by. the representatives of all railroads, big and little. There was no objection to it and we passed it promptly after- two or three days inquiry and rewriting the bill ..

Then our committee further voted on that day to take· np the Hoch resolution, which was a transportation matter and did not indiC'ate tbe likelihood of much contention. It affected the establishment of a rate structure and we tackled that; we have since co.nsidered it at grea.t length and have not quite· finished it.

The next day, after two or three discussions and votes, we virtually came to a direct contest in the committee a:s to whether we should! proceed. after spending two or th:ree· days on a general lot of bills, with the Barkley bill, so--called, or the truth in fabric and merchandising bills grouped together, and the committee voted to take up the truth m fabric and mercha,n­dising bills, because I think they had come to know that those subjects had heen Jong before the committee and they were very much agitated throughout the rountl']' by businese people, by consumers, by woolgrowers., by cotton growers, by silk manufacturers, and .so on.

There were great numbers of people interested and there were- great quantities of coi:respondence. So· we voted to wind up the miscellaneous bills which we were then discussing, and then to take up the truth in fabric and merchandising bills, which we a1·e doing now, and it was the understanding of the oommittee, as I remember it-and I am speaking very earnestly to that effect-that after the truth in fabric and merchandising bills came up we would reopen the whole field of :possible :inquiry and oonsideratioo, with the- nnderst8:Ilding that when that time came this so-ttlled Barkley bill would come up with other transportation bills :for direct consideration as to procedure.

·We have never ~ned to give heal'ings· on the Barkley bill, and we have lle'ver refused to have the bill ronsidered, but we simply decided to let it go along with bills on railway matters, such as 15-.A and many others, and we expected to­work it out in due time; but that is a question we will have to handle on another score. I will say t<> the gentleman from IT'exas [Mr. RAYBURN] that--

Mr. BURTNESS. Will the gentleman yield? Mr. WINSLOW. Yes~ Mr. BURTNESS. Since the motion to establish an order of

procedure with reference to bills, has not the committee met eithe.r five or six days every week'l

Mr. WINSLOW. Oh, yes; they have been doing that eve1·y week for so. long I can not :remember when it started.

Mr. IlURTNESS. Following the so-called Cooper bill, was not the next bill taken up. for consideration the s~lled Iloeh resolution?

Mr. WINSLOW. Quite true. l\1r. BURTNESS. Which provides for a general survey gf

transportation questions with a view to a new rate structure, and that took several days of the time of the committee.

Mr. WINSLOW. Yes. It might be interesting to the House to know that this bill,. which has Ueen referred to Ily my friend from Kentucky so affectionately as considered in Senate subcommittee, after five or six. days of hearings, when they shut off the hearings without allowing all the witnesses to testify, has not been heard of since by any action from the subcommittee or the general c:ommittee.

Mr. HUDDLESTON. Will the gentleman yield? The gen­tleman hns stated he is speaking for the committee.

Mr. WINSLOW. No; I have not intentionally. Mr. HUDDLESTON. The gentleman was. understood by

many of us to say that. Mr. WINSLOW. I do IIDt want to create that impression. I

am speaking as chairman for the integrity of the members of the committee. I do not speak :for theni. ~. HUDDLESTON. And not by committee autllority~ Mr. WINSLOW. No.

Mr. MOORE of Virginia. Will th-e gentleman. allow me to ask him one question? If. the gentleman does. not find it in­convenient,, will he not attach t<J his remarks a statement show­ing what bills reported by his com.mj.ttee have been considered thus far b~ the House; and,. secondly,. what bills have been reported by bis committee and not yet considered by the House, always barring bridge bills~ bills of a loeal character, and con­fining- the statement to bills of a general character?

Mr. WINSLOW. I will try to do that. Mr~ MOORE of Virginia. And I will say to my friend-and

he knows how much I respect him-that very early in theses­sion I introduced a bill, :not of any very extensive interest, per­haps, but a bill! in whi0h I have faith. I have endeavored to secure a hearing of that bill or some consideration o:f it for months and without success; ne.vertheless some interest In the b-111 is manifested throughout the country. · Tbe Boston Cham­ber of Commette, :l.t'or instance, has written to the gentleman with reference to that bill, and I think it is a measure which ought to be consideired.

Mr. WINSLOW. I will say to the gentleman I think so, too, but there are about 173 others whose proponents think likewise.

Mr. MOORE of Virginia. I am afraid my friend ie looking at the fore£t and' not seeing the trees, and thn:t we will never have any of the bills indi'vidually dealt with, with such a mass 01! bills pending in his committee, which it seems to be unable. to handle.

Mr. WINSLOW. That is not quite the question under dis­cussion, but I would like to say in answer to the gentleman from Virginia [llfi. Moo:RE] that I do see the forest and the trees, and can easily discriminate between the oak and the dogwood. [Laughter and applause.}

Mr. · WATKINS. Will the gentleman yield?. !fr. WINSLOW. Yes:. Mr. WATKINS. In view of the fact that the committee has

many bills of great importance and in view of the further fact it has n-ot time to coosider even a small proportion o-.f them, would: it not be wise for the House to• relieve the committee of that bmden. and discharge it from the consider&tion of this bill?

Mr. WINSLOW. 'Fhat is a ehestnut We had better not get into that subject beca.we we doi not kno.w where. it wm lead.

Mr. HUDDLESTON. Mr. Spea.ke:r; I ask nnanimous con­sent to proceed for five minutes on the Barkley bill.

The. SPElAKER. The gentleman from. Alabama, asks unani­mous consent to adclress the House for five minntes. Is there objection? [After a pause.] The Chair hears none.

Mr. HUDDLESTON. Mr. Speaker, the Committee on Inter­state and Foreign Commeree has probably the widest ftlld most difficult juriseiction of any committee of the House. We: bare pending before our committee at the present time something like 200 bills. There is not the slightest' chance that the com­mittee, by sitting 10 hours every day fo:r four years, could hold hearings on all those l>ills.

Congress has now been in session for four and a half months. During that time, as the calendar of the House will show, the Committee. on Interstate and Foreign Commerce has not re­ported a single bill of prime importance. As the minutes of the committee, which have been ordered by unanimous consent to be printed in the RECORE>, will show, we have not even · held hearings on any bill at prime importance.

The- most important subject in the juris'diction of our com­mittee is transportation, and yet, although that is the prime reason for the existence of the committee a:nd should' properly comprise the bulk ot US' activities, we have not yet taken up that subject d'uring the present session of Congress.

The committee discharge rule was particularly intended for just such a situation as that which exists in the Committee- on Interstate and Foreign Commerce. It was particularly designed for just such bills as the railroad labor bill, the Howell-Bm·clay bill. The committee has had this· bill for more than 30 days, as provided by the rnle. The committeer by reason of its· failure to take action on that bill, is now subject to discharge nnd'.er the rules of the House.

Whether or not the committee has good reason for not hav­ing considered this bill I do not care to enter into. The majority in the cemmittee " are wise and honorable men. What private griefs they have, alas, · I know not what made them do it. They are wise and honorable and will, no doubt, with reasons answer you" and their constituents. Suffice it to say that they have flatly rnfused to. consider this bill. Here is a bill championed by tbe two millions of railroad employees of this country and by all of the 1·egulal'. organiza­ti_9ns of workingmen. It has been referred to our committee,

6662 CONGRESSIONAL RECORD-HOUSE· APRIL 18

and its proponents have been denied the courtesy of even · a hearing. The committee, as the gentleman from Massachusetts [l\Ir. WINSLOW] admits, has definitely and pointedly refused to set any day for its hearing and consideration. There is no chance that the bill will ever come before the House ex­cept by the operation of the "committee discharge rule." It is ouly if l\1embers respond to the appeal of the workers and sign the petition to discharge the committee that the bill can e\·er be brougbt before the House for consideration.

I reveal no secret when I say that this bill was prepared by the representatives of the 20 labor organizations con­nected with transportation, and by their advisers. The bill has been under preparation for nearly two years and has been given most careful consideration. Hearings upon the bill llave already been completed by a Senate subcommittee. Those hearings are now in print and will be ready for dis­tribution very shortly. Any Member who wants to study the bill uow has the same opportunity to read the record before the Senate committee that he would have if we bad held the hearings before our committee.

Not only is this bill championed by tlle 20 labor organizations connected with transportation but by tlie American Federation of Labor and every regular labor organization in this country affiliated with it. The real question now is, shall the voice of these toilers of America be stifled? The question is, shall tlleir bill upon which they have set their hearts and which tlJ.ey want enacted into law be considered by the House or shall it be pigeonholed by the Committee on Interstate and Foreign Commerce?

The SPEAKER. The time of the gentleman bas expired_ l\Ir. HUDDLESTON. I risk for two minutes more. The SPEAKER. Is there objection? There was no objection. Mr. HUDDLESTON. The representatives of the labor or­

ganizations had analyzed the Committee on Interstate and Foreign Commerce before their bill was introduced ; they had studied its personnel ; they knew the bill would never be heard ; they knew that it never would be reported. There is no use pretending to the contrary. The bill was introduced with the knowledge that it would never be heard by the committee and never be reported., and that the only chance for its passage was to bring it before the House under the operation of the "committee-discharge rule." One hundred and forty Members of the House have already signed the petition for discharge. If there be 10 additional Members whose hearts warm to the call of men who labor, who do the hard, dirty, ancl disagree­able work of America-if there be 10 such Members, then let them show their friendship by putting their names on the peti­tion. Let them respond and give the bill a chance to be con­si<l.ered in the House. Do not dodge the issue, · gentlemen. That petition is a permanent record of the House, it will be circulated at a million firesides as "Labor's roll of honor." Are you a friend of the working man? I call upon those of you "·ho profess to be to prove your faith by putting your names on tlle petition. That is the way you can serve him now. [Ap­plause.]

STATE, JUSTICE, COMMERCE, AND DEPARTMENT OF LA.ROU APPRO­PRIATION BILL

l\lr. SHREVE. Mr. Speaker, I move that the House resolve itself into Committee of the Whole House on the state of the Union for the further considemtion of the bill H. R. 8H50, the Departments of State, Justice, ju<l.iciary, Commerce, and Labor appropriation bill.

The motion wus agreecl to. Accordingly the House resolved itself into Committee of the

Whole House on the state of the Union, with Mr. TILSON in the chair.

The CHAIR.MAN. The Clerk will read. The Clerk, proceeding with the reading of the bill, read as

follows:· BUUEAU OF NAVIGATION

Sslaries: For the commissioner and other personal services in the District of Columbia. in accordance with " the classification act of 1923," $55,140.

· l\lr. BYRNS of Tennessee. Mr. Chairman, I move to strike out the last word. l\Ir. Chairman, I wish to refer briefly to the Commissioner of the Bureau of Navigation and to the salary that is paid to this official. Members of the House know that I have never proposed to increase the salary of any of these higher-paid officials, and I do not propose to do so at this time, more particularly because the matter was not brought before the committee or submitted to the House in a formal mann~ and is not in order under the rules.

The Commissioner of the Bureau of Navigation in the De­partment of Commerce is Hon. D. B. Carson, who comes from Tennessee. I think the administration is to be congratulated on the fact that it has been able to secure a gentleman of such high type and such splendid executive ability as Mr. Carson to head this very important bureau in the Department of Commerce. 1\Ir. Carson is a gentleman who has always drawn a much larger salary than that that is being paid to him as Commissioner _of the Bureau of Navigation, which is only­$4,000 per annum. He took this position _from a sense of public duty and in order to be able to render bis Government a public serYice. There is not a man connected with this administra­tion, or any other auministration that we have bad, who is a higher type of citizen than 1\1r. Carson, and he is a gentleman of great executive ability.

pnder. the rPclassificntion law I understand the salary of tb1s position will be fixed at $5,200, which is a pretty good salary in its way but not when compared with some salaries fix:e<l by the Reclassification Board for other positions, cer­tainly of no greater importance than this. I can not help but feel that in the consideration of the importance of this par­ticular position and the type of man which should be placed at the· heacl of it, the neclassification Board has failed to give this position the consideration which its importance deserves.

As I said, the salary of the Commissioner of the Bureau of Navigation iR $4.000 per annum . . He is compelled to frequently make trips in the field on business connected with the bureau, and the per diem allowance is not sufficient to meet his actual expenses while away from headquarters in Washington. He is performing the service he is now rendering at a personal sacrifice.

l\fr. l\fcKEOWN. Will the gentleman yield? Mr. BYUNS of Tennessee. Yes. Mr. McKEOWN. Why should tlle United States Government

not pay a man sufficient traveling expenses to keep him where he is out on husiness?

Mr. BYRNS of '.rennessee. I think it should. I do not think the Government ought to ask any of its officials, whether high or low, to perform service for the Government ·at a personal financial sn.crifice to themselves. I want to refer briefly to what Mr. Carson has done since he has been Commissioner of Navigation in the interest of tlle service and in the interest of the Government. The commissioner has recently proposed the collection of fees for services to vessels and in connection with the enforcement of navigation laws which would aggregate more than 25 per cent in the cost of the operation of our vessels.

Some months ago he made a thorough investigation of the harbors and prepared an extensiv~ report pointing out the economies which could he effected amounting to approxi­mately $400,000 per annum if put into effect.

As I stated, the commissioner of this bureau has under his direct supervision a very large force of men employed on navi­gation work at the various ports in the United States, and it is absolutely necessary, if the commissioner expects to be ahle to render the service that he ought to render, and to have that supervision of this large force that he ought to have, for him to visit these ports frequently. He muRt clo so in order to he ahle to render such service as the people have a right to expect him to render.

The CHAIRMAN- The time of the gentleman from Tennes­see has expired.

Mr. BYRNS of Tennessee. l\Ir. Ohairman, I ask unanimous consent to proceed for five minutes more.

The CHAIRMAN. Is there objection? There was no objection. Mr. BYRNS of Tennessee_ Recently there has been trans­

ferred from the Navy Department to the Bureau of Naviga­tion the settlement of international radio accounts, involving the handling of over $500,000 in settlements and the taking over of an additional force . . It is also proposed to transfer the personnel engaged in the admeasurement of vessels from the Treasury Department to the Bureau of Navigation, which, of course, will increase materially the duties and responsibili­ties of the Commissioner of Navigation_ The work in connec­tion with radio has increased to a large extent during the past three years and is increasing daily, as we all know. There is employed a large number of imipectors throughout the country in the examination of the various broadcasting stations, which are steadily increasing in number, nnd it is also the duty of such i'Ilspectors to examine the instruments on various steam­ships in orrler to see that such instruments are in perfect working condition before sailing. In aduition to his present duties, there is now pending in Con~1·ess a bill which, if it

1924 CONGRESSIONAL RECORD-. HOUSE 6663 becomes law, will transfer to the Bureau of Navigation the Steamboat Inspection Service.

In the same bill it is also provided that certain functions of the United States Shipping Board, which it is proposed to trans­fer to the Commerce Department, may become a part of the Bu­reau of Navigation. I cite this to show the very great impor­tance of this particular bureau in the Department of Commerce, and the importance of having at the head of this bureau a man of the highest type and the greatest possible efficiency. You can not usually expect to get a man of that type and that ef­ficiency to take charge of these very important duties and this large force and assume this great responsibility for the salary now being paid to the Commissioner of Navigation.

The duties of this position are highly specialized and tech­nical, requiring an intimate knowledge of the code of naviga­tion laws and a general knowledge of similar laws of other maritime nations. The decisions rendered directly affect vast public interests, the decisions under an administration of the mortgage act of 1920, for instance, affecting hundreds of .millions in value, tbe prompt movement of water commerce, the safe­guarding of the lives of millions of people using this means of transportation, extending to our vessels all possible benefits un­der the admeasurement laws, and administering the numerous laws for the benefit of seamen, both at home and abroad; also, the operation o{ a patrol fieet and the administration of the wireless laws, which amounts to the work of a bureau in itself. There can be no proper conception of the Bureau of Navigation work unless it is clearly understood that approximately one­tbird of the entire customs service of the country works under the direction of and in the administration of laws under the. jurisdiction of the Commissioner of Navigation, this force being in addition to those estimated for directly by the bureau. Adequately to perform these duties requires a comprehensiye grasp of the economic and - industrial changes as they affect shipping and seamen here and abroad, and in the wireless com­munication field, that the commissioner may be prepared, as required by law, to draft legislation to meet the exigencies of the service.

Mr. Chail·man, I have ta.ken this time simply to call attention to the importance of the splendid work being rendered by Commissioner Carson. As I stated, it is not my purpose to offer an amendment to increase bis salary, because it would· not be in order under the rules of the House, and, in addition to that, it has never been brought properly to the attention of the committee from the Budget Bureau. I make this state­ment in the hope that the Reclassification Board, which bas fixed higher salaries for chiefs of bureaus of certainly no greater importance than that of the Bureau of Navigation, may consider this matter and do justice to this position­not simply to the gentleman who now heads it, but in justice to the position itself, because this, I repeat, is one position in this Government among a number of others which should be paid a reasonably good salary in order that tbe Government may get just the type of man that the administration is now so fortunate in having at the head of this bureau. [Applause.]

The Clerk read as follows: Admeasurement of vessels: To enable the Commissioner of Naviga­

tion to secure uniformity in the admeasurement of vessels, including the employment of an adjuster Of admeasurements, purchase, and ex­change of admeasuring instruments, traveling, and incidental expenses, $4,500.

Mr. HOW ARD of Nebraska. Mr. Chairman, I rise to a legislative inquiry. On Tuesday of this week I a8ked unani­mous consent that the House should adjourn over Good Friday. It was objected to by the administration leader. Thereupon I made the request that he should provide the House with the presence of a quorum on this Good Friday. He said he would. That is all.

The Clerk read as follows : Preventing overcrowding of passenger vessels : To enable the Secre­

tary of Commerce to employ, temporarily, such persons as may be neces­sary, of whom not more than two at any one tfme may be employed in the District of Columbia, to enforce the laws to prevent overcrowding of passenger and excursion vessels, and all expenses in connection there­with, $14,000.

Mr. WATSON. Mr. Chairman, I move to strike out the last word. This is an appropriation of $14,000 to be used by the Secretary of Commerce. Can he apply any part of that appro­priation to pay inspectors or attorneys? How is he to employ men to enforce the law in regard to the overcrowding of steam­ers and excursion boats?

Mr. SHREVE. Under this appropriation certain men are maintained in the service whose business it is to stE;t.nd on the

pier when the ship is being loaded with passengers, and with a counting machine ascertain how many people are going on the ship. They know also the number of people that the law allows the ship to carry. When that number is on the ship, then they close the doors and no more are allowed to go aboard.

l\fr. WATSON. The appropriation is only for temporary em­ployment?

Mr. SHREVE. It is only temporary. Originally there were 45 men employed, but owing to the increased excursion busi­ness, particularly around the ports of Philadelphia and New Y..ork, we had to increase the number up to 51.

Mr. WATSON. There are over 10,000 miles of coast line. How is it possible for 45 men to take care of all excursion boats, which includes not only small but large vessels?

Mr. SHREVE. The customs service works in conjunction with these people. There is a sort of comity between them for cooperation in this matter. Besides, in another portion of the bill patrol boats are taken care of.

Let me say that sum is not sufficient, but it does a gi'eat service. These men are used in the great, populous centers, where the neecl is great, where the people are likely in a few minutes to greatly overload the vessel-are rushing cm 1,000 and 2,000 more than the boat is allowed to carry.

Mr. WATSON. There are a number of places where only small boats are in service. Accidents frequently occur on these waters.

Mr. SHREVE. We would like to overcome that if we could. Mr. ACKERMAN. I will say the hearings show there were

924 counts made and the number counted was 6,143,441 pas­sengers.

Mr. WATSON. I note within two or three years there have not been as many accidents on excursion boats as previously.

l\fr. McKEOWN. Mr. Chairman, I rise to oppose the pro forma amendment. I would like to ask the Chairman if there is any provision whereby the steamship companies refund or pay the charges charged for this service?

Mr. SHREVE. No. l\fr. McKEOWN. I want to call the attention of the com­

mittee to this fact, that the Government of the United States renders enormous service to individuals through the country for which no charge is made. If the Congress of the United States, in my judgment, would appoint some committee of the House to study these departments to ascertain where reasonable charges could be made for services rendered, a very large rev­enue would result. Now, there is -no reason why the Govern­ment should maintain many of the beneficent services that · it does and give_ services for the benefit of individuals free. They should pay sometJ;iing for those services. Now these depart­ments are constantly called upon for services that are simply beneficial to the applicant as an individual and if the Congress

. would make provislon to charge a small fee, a reasonable fee, you would be astounded at the enormous amount of revenue

... that would be drawn into the United States Treasury. Now there is no reason why the steamship company should not pay something for this service. There is no reason why when an oil company in Oklahoma wants a certified copy of a lease in the department down here for its own special benefit and use that it should not pay the Government for that service. Now we have a provision in the Interior D~partment as to many in­strumentalities that are in the department, and there are many departments of this Government rendering service every day requiring the employment of an unusually large clerical force whereby a small fee could be paid for the service rendered. It is true the Government is not run to make money, but there are many things where if we would charge a reasonable fee a great lot of money would be paid in and help to pay the cost of these clerks. Now we are constantly talking about the in­crease of clerks, increase of employees in the Federal Gov­ernment, and there are an enormous number of people em­ployed, but when you come to figure out the enormous services that the Government renders, free services to the public and individuals, then you can see where it becomes necessary to have an unusually large number of employees. We either ought to do one of two things. We ought to commence to curtail the great widespread services that are being given, and if we can not, then we ought to inaugurate a reasonable fee to be charged fm· these services. I just wanted to call this to the attention of the committee. I withdraw the pro forma amend­ment.

The Clerk read as follows : Equipment: For apparatus, machinery, tools, and appliances used in

connection with buildings or work of the bureau; laboratory supplies, .materials, and supplies used in tbe construction of apparatus, machinery, or other appliances, including their exchange ; piping, wiring, and con-

6664 CONGRESSIONAL -RECORD-HOUSE APRI:L 18

atruetlon incident te> the tns.tallirtion of apparatus, me.chlneey, or appllan.ces ; furniture tor laboi:atories and offices .. cases for apparn.tusr f7J..OOO.

Mr. SHREVE. Mr. Chairman, I ask unanimous consent to change the semicolon in line 3, page 61, at the end of the word' '" burea'tl," to a comma. This- is current law.

The CHAIRMAN. Without objection, the correction will be-made.

There was no objection. The Clerk read as follows : Contingent expeDBes: For fuel fur heat, light, and power; office. ex-

1 penses, statloner:y, books, and periodicals, which. may be exchanged when not needed for permanent use; traveling expenses. (including ex­penses ot. attendance upon meetings of technical and professional societies when requlred in connection with standardization, testing or other official work of the bureau), ; street-car fares not exceeding $100 ; expenses of the visiting committee; expenses of attendance of America:w member at the meeting of the International Committee of Weights and Measures; supplies for operation, maintenance, and repair of. passenger automobiles and motor trucks for official use, including their exchange; and contingencies of all kinds, $44,500.

l\Ir. SHREVE. Mr. Chairman, I offer the following amend-ment.

The CHAIBMAN. The Clerk will repoi:t the amendment. The Clerk read as follows : Committee anrendment offered' by Mr. SHREVE : On page. 61, line 9,

strike out the word " contingent" a.nd insert in Heu thereof the word "general."

Mr. SHREVE. This is an error. We have another con-tingent appropriation, and this is for general expenses.

'l~e question was taken, and the amendment was agreed to. The Clerk read as follows : Testing struetural materials: For continuation of the investigation

of structural materials, such as stone, clays, cement, etc., including; pers<>nal services in the Dlstlict of Columbia and in the- field, $230~000 : Pnnndea, That as much of. this sum as necessary shall be used: to collect and disseminate such scientific. practical, a.nd statistical inr formation as may be procured,, showing or tending to show approved. methods in building, planning, and construction, standardization, and adaptability of structural units, including building materials and codes, economy in the manufacture and. utilization of building ma.terials and! supplies, and such. other matters as may tend to. encourage, im.prov.e, and cheapen co.rurtru.ction and housing.

:a.Ir. McKEOWN. Mi-. Chaiirman, I move to strike out tfie last word. I notice you have an appropriation of $230,000· for· the purpose of investigating building material. Nowr to whom fs this information disseminated, if the gentleman knows?

.l\fr. SHREVE. This information is disseminated first by the Bureau of Standards. They compile it and then put it in the hands of the document room, and most of that information ts sold. It is in book or pamphlet form, and can be· found in the document room.

Mlt; l\fcKEOWN. A charge is made?' Mr. SHREVE. A charge is made. I wlll su:y to the gentle­

man there is eonsiderahle revenue coming back. Following the suggestion the gentl€man made a moment ago in rega-rd t0· economy Jn. this particular instance, we are getting back the cost of this material.

Mr. M<::KEOWN. That is my idea;- if we are to spend this money to make the. investigation, this information 011ght to be worth something to. the man wl'lo· wants it.

Mr; SHREVE. That is COI'reet. Mr. McKEOWN. I withdraw the pro forma amendment. The· Clerk read as follows: Testing miscellaneous materials: For testing miscellane(}US materials,

such as varnish materials, soap materials, inks, and chemicals,. includ­ing supplies for the Governmeent departments and independent estab­lishments, including personal services in the Distctct of Columbia a.nd in the fteld, as authorized by law, $45,260.

Mr. SHREVE. Mr. Chairman, I a.sk leave to make a aorrec­tion. In line 14, page 63, con·ect the spelling o;£ the word•" Gov­ernment."

The CHAIRMAN. Without objection, the correction will be made. There was no objection.

'l'he Clerk read as follows :. Standard material: For purchase, preparation, analysis, and dis­

tribution of stn.ndard materials to be used' in checking chemical analy­ses and in the testing of physical measuring apparatus, illcluding per­sonal services. in the District of Columbia and in the field, $10;000.

Mr. SHREVE. Mr. Cha.ivman, I ask leave to ehange a w0rd1 oa line- 11 of page 68. ":Ma.tei:ial" should be ia the: plural'. It should be changed to "materials."

The CHAIBMA.N. Wftl1Qut objection, the Clerk will be au· thorized to make the correction.

There was no objection. '1.'he OHAlRMAN. The- Clerk will read. The Clerk read as follows: During the fiscal yeai: 1925 the head o:l! an~ denartm'ent or ind.e•

pendent establishme-.nt of the Government having funds a.vaila.ble foll scieutific investigations nnd irequiring cooperative work by the Burea11 ot Standards on scientific investigations within. the scope o:ll the func­tions of. that bureau, and which the Buceau Qf Standards is un11.hle t.ct

I perform within the- limits of its appropriations1 may, with the ap­proval of the Secretary of Commerce, transfer to the· Bureau. ot. Stand,.

, a.rds such sums. as may be necessary to carry on such investigations. The Secretary of the Treasur~ shall transfer on the books of: thei Treasury Depn..rtment any sums which. may be authorized hereuruler, and su.ch amounts shall be placed to. the credit o1 the Burea.u of Stand­ards for the perform:mce of work for the department or establislllnent

1 from which the transfer is IDAde.

M11. WHITE o:f Kansas. ::afr. Chairman, I would like to ask the chairman of the subcommittee if' he can tell' us what are>

' the " fundamental problems involving industrial developments 1 following the war "? That language is found on page 67',, line- 9, which we have passed over: I note in that paragraph rm appropriation in the- considerable sum of $173,820 is mad~.

1

Is it for any technical development of any kind?' Does the. gentleman know what is contemplated?

l\Ir. SHREVE. This has reference largely to matters that developed during the war, the technical investigation of fun­damental problems. We took this matter up very carefully with Mr. BUTgess, the Director of the Bureau of Standards,. and' r propounded to him this question :

l\Ir_ SHHEVE. Here is a. larger item for techniaa.1 investigations- andi cooperatlon with the industries upon tundamental p.i:oblema involved in the industrial development follow:ing the war, etc. Th.at is an inerease1 of $30,000. ·What are you doing under that a~ropriatie>n, and w.hat doi you propose to do? Mr~ BURGESS. Regarding th.a increase- on that, Mr. Chai.11mam the net

increase ls about $6,000. the rest of it being ta.ken up on reela.ssifica:­tian. We. have some thirty-odd problems coming under that investiga:­tion, which of course is our fund which brings us in. very elose eontact with a very considerable number of American industries. One,. fol!' example, is the question of the utilization at gas.

Mr. TINKHAM. That ls a new American industry, is it? In. other· words, I want to bring out, if possible, wha.t you mean by "new Ameri­can industries."

Mr. BURGESS. The gas .industry, I will agnee with. you, would hardly be considered as.. a new industry. We ha'\ie interpreted this appnoprla.­tlon to be available for indllStrial. research on problems which sh~uld be answered by a Government agency involving expeJrlmental work,. where the industry was in such a situation that it. needed us. In that sense it is new. For example, the gas industry is to-day in a situation that we are up against the case· ef a good man~ deaths due to the use oJ: gas appliances, the situation being. due to the coaL situation a year or so ago. ~fore and more gas applianceil" are being used. The p~oper development of the design of those gas appliances, the testing of them, and the proper use of gas in connection with household use, we thought was of' sufficient urgency to g'O into this type of' a: problem. It is new in that sense, that the problem was relatively an insignificant one up unftI the recent coal situa:tion, but it is now a veJry vital problem and of great public interest.

Mr. TINKHAM. It seem& to me that the word "new" thene is not very graphic.

Mr. BURGESS. You mean tn this puticular item? Mr. TINIUUM. In this particular item. Mr. Bmwmss. That interpretation: of the word. " new" la su.l>jeat, o!

course, to a. difference of op.inion. Mr. SHREVE. It is new in the sense that it has never been coruiidered

before, isn't it? Mr. BURGESS. Yes;. in that sense. Take, for example, another item

that we have been working on, the question of the performance and characteristics of batteries. The battery industry as such is in e1rect a new industry. Batteries were made, of course, before the advent o.f the automobile and the use of batteries more generally elsewhere. We have been able to save, for exan1ple, in this battery investigation-there is no question about it-a very large sum indeed to the country. The questitm or: determining the spe<iifications, the best types of batteries, the problems of batteries, thefr use for di1ferent purposes, the use of" the characeteristi~s of tlie acid involved, and the different metals. go~~ to make. up the1 plates. that all makes fo1• the economy of operati'cm.

M?. OLIVER. In otlier wards, the conditions wbich you have detaileclJ show the necessity of a study of this subject at this- time?

Mr. BURGBss. Yes. H'ere' is mwtne1· one I might mention, tbe ques­tion, at ·the propeJJties of ammonia. 'l'be refrigeration industry. as. rn­dustries g:o, is fairly a new industry. We have been able t() determine

1924 CONGRESSIONAL RECORD-HOUSE 6665 at the bureau the complete properties of ammonia. That has ;Just been finished. It is on one sheet of paper. We can by curves graphically get everything that can be known about ammonia that is of interest to the refrigerating industry. That has just been completed.

1\fr. TINKHAM. But that ls not a new industry. It is a development of an old one.

Mr. BURGESS. Yes; if you emphasize the word " new," Mr. Tinkham, I agree with you, and I would have some difficulty in making an argu­ment. You· take the question of dye inv.estigation. There, again, I think I would agree that, although clothes have been dyed ever since man bas existed, pretty nearly that, nevertheless the ·dye industry ln this country is a new industry. •

l\Ir. TINKHAM. I think probably that would be true. Mr. DRAKlll. Do you think it woul~ be advisable to make that word

"newer"? Mr. TINKHAM. Oh, of course, there is no necessity for that. Mr. SHREVE. We will not be technical about that. Mr. BURGESS. On the dye investigation we are working on the im­

provement and standardization of dyes in that connection. We are putting some of this fund into optical instruments, for example. .Again, that is a new industry in this country, unquestionably, and that we are working at. Another item that has come up recently for jhe indus­try does not exist in this country practically, which we are working -0n, has a technical name of dielectric losses in cables. The cables up to the present time have all been manufactured in England, and they prac­tically own the cable business. It is highly desirable for us to have a cable industry in this country. We have been working on the charac­teristics of gutta-percha substitutes and rubber modifications and the electric phenomena concerned.

Mr. TINKHAM. That is, sul.Jma.rine cables? Mr. BURGESS. That is mainly submarine cabJes. That is practically

·a British industry at the present time. The question of high voltage Investigations is treated under this appropriation. Here again, although tl!e electric industry is an old one, the question of the very high voltages ls relatively new in this country, and particularly in certain parts of it. ·

Mr. TINKHAM. Do you call very high voltages anything above 25,000? l\lr. BURGESS, I think that is a general acceptance. Even 10,000 is

ordinarily considered high, and they run up now to over 100,000; but high voltages I would rate as between 1,000 and 100,000.

Mr. TINKHAM. We have quite a number of electric trunk lines that carry 52,000 volts, have we not?

Mr. BURGESS. Yes. Of course, in arid regions in California they have been highly developed, but the thing is to develop them in the nonarld regions.

Mr. TrNKHAM. I think in Boston we have some main trunk lines which carry as high as 52,000 volts.

l\lr. BURGESS. There is an industry which I want to mention, which we are putting in a little from this fiind-the electroplaters industry. '1.'hat industry has been in a purely empirical situation since metals were deposited from liquid. We have been able practically, in part at lea.st, as far as copper plating is concerned, to put that industry on Its feet. So we clo know what we are doing when making a copper deposit. We are working on nickel and other materials at the present time. In other words, this is a particular Industry that we have been able, so to speak, to bring out of the woods.

Mr. TINKHAM. Using the words " new .American industries," how long will you need this appropriation, if you can state, as a continuing appropriation, with reference to the so-called " New American Indus· tries"?

Mr. BURGESS. Perhaps I should say the wording is not the best pos­sible, but I consider that the work is of the greatest fundamental interest to .American industry and of the greatest benefit to the Ameri­can publlc.

Mr. TINKHAM. And should be, so far as you can see, continuous? Mr. BURGESS. Most emphatically, because there are new phases

coming up constantly. The projects under this appropriation are all definite projects, and continue until we have that project completed, and then we take up something else. I might cite another type of problem that we have under this, and that is in connection with metals and gases. We do not ordinarily think of metals as containing g~ses, but they do; and the effect of gases on metals in my opinion is -0ne of the most important, and will be in the next few yea.rs determining, factors in the quality of metals. We are working on this appropria­tion . in connection with that method of determining the presence of gases in metals, the method -0f detecting them, and the method of eliminating them. That in effect makes a new industry re.ally-the production of steel as related to the elimination of entrained gases.

·l\Ir. WHITE of Kansas. I am heartily in accord with tbe purpose of the appropriation sought to be secured, and I feel enlio-htened by the statement of the chairman of the sub­com~ittee. Of course we have established many hundreds of new industries where we have the n·atural resources. I aµi heartily in favor of it. I was wondering what the specially

new industries were, and the gentleman has answered my question. ·

Mr. SHREVE. The committee raised the question as to what was meant by new industries. They haYe, of course, to deal with both new and old industries. For example, the bat­tery industry is a new industry. Impro'Vements have been made in electric batteries, especially those made for the use of automobiles. Dyes, of course, were used before this investiga­tion, and the same with respect to other things. Possibly the term "new industries,".as I understand it, would be applicable to all these conditions.

Mr. WHITE of Kansas. The gentleman's answer is satis­factory. I was simply desirous of knowing.

The CHAffil\IAN. Without objection, the pro forma amend­ment will be withdrawn. The Clerk will read.

The Clerk read as follows: General expenses: For supplies, repairs, maintenance, and inciclental

expenses of lighthouses and other lights, l.Jeacons, buoya.ge, fog signals, lighting of rivers heretofore authorized to be lighted, light vessels, other aids to navigation, and lighthouse tenders, including the estab­lishment, repair, and improvement 9f beacons and day marks and pur­chase of land for same; establishment of post lights, buoys, submarine signals, and fog signals; establishment of oil or carbide houses, not to exceed $10,000 : Provided, That any oil or carbide house erected here­under shall n<>t exceed $550 in cost; construction -0f necessary out­buildin.gs at a cost not exceeding $500 at any one light station in any fiscal year; improvement of grounds and buildings connected with light stations and depots; restoring light stations and depots and buildings connected therewith : Prov,ded, That such re"1toration shall be limited to the original purpose of the structures ; wages of persons attending post lights; temporary empl-Oyees and field force while ~ngaged on works of general repair and maintenance, and lab<>rers and mechanics at Ughthouse depots ; rations and provisions or commutation thereof for keepers of lighthouses, working parties in the field, officers and crews of light vessels and tenders, and officials and other authorized persons of the Lighthouse Service on duty on board of such tenders or vessels, and money accruing from commutation for rati-0ns llnd pro­visions for the above-named persons on board of tenders n.nd light vessels or in working parties in the field may be paid on proper vouchers to the person having charge of the mess of such vessel or party;

. reimbursement under rules prescribed by the Secretary of Commerce of keepers of light stations and masters of light vessels and of lighthouse tenders for rations und provisions and clothing furnished shipwrecked persons who may be temporarily provided for by them, not exceedin,g in all $5,000 in any fiscal year; fuel and rent of quarters where neces­sary for keepers of lighthou'*ls ; purchase of land sites for fog signals; rent of necessary ground for all such lights and beacons as are for temporary use or to mark changP.able channels and which in conse­quence can not be made permanent: rent of offices, depots, and wharves : traveling expenses; mileage; library books for light stations and ves­sels and technical books and periodicals not exceeding $1,000; traveling and subsistence expenses of teachers while actually employed by States or private persons to instruct the children of keepers of lighthouses: all other contingent expenses of district offices and depots; and not! exceeding $8,500 for contingent expenses of the office of the Bureau of Lighthouses in the District of Columbia, $4,192,500.

Mr. BRIGGS. l\Ir. Chairman, I move to strike out the last word.

The CHAIRMAN. The gentleman from Texas moves to strike cut the last word.

l\fr. BRIGGS. I would like to ask the chairman of the sub­committee if the amount carried here under the item of "gen­eral expenses " is the amount allowed and carried in tlle appro· priation bill last year for that same purpose?

l\Ir. SHREVE. I will say to the gentleman that the Budget Bureau made a serious cut under the estimate of the Lightl10use Bureau-$140,000 in this item-and I am happy to say to the gentlernRn that the committee restored this item. ·

l\Ir. :BRIGGS. I am glad you did, in view of the need of tlle Lighthouse Service and the great functions which it performs.

Now on page 73, anticipating somewhat, there is another cut made in that item under the head of "public works." I wouhl like to know why it was done uy the committee.

Mr. SHREVE. We made a restoration there, which was re­ferred to in the opening remarks of the chairman. I think \Va

restored Rbout $60,000. l\Ir. BRIGGS. What was the other portion which was not

restored? l\Ir. SHREVE. Some new ships. l\Ir. BRIGGS. But this provision that you have restored

renders possible new work for necessary navigation aids to be carried on in the coming fiscal year?

Mr. SHREVE. We felt that it was sufficient to allow the bureau to function as it has done in the past, and that the

6666 CONGRESSIONAL RECOIID--ROUSE 'APRIL 18

WO£k will be· kept up of too. same eharac.te:r as if has boon maintained for past years.

Mr. BRIGGS. You thought this woulcl :rmovide the amount necessary for all new na:vigat1en aidsl

Mr. SHREVE.. Yes. That. was our intention. 'l'he CHAIRMAN. Without ebjection,, the pro forma amend­

ment will be: wi thdra w:n.. The CJ.erk will reo.d. The Clerk reau as foll-0ws: Public- Works: Fo-r constructing or pt'Il!Chasing and eqnfppingo light­

house tenders and light nssel9' far the- Ligliti.louse Sm!vke as may b& specifically approved by the Secretary of Commerce- ncn; to e:x:eeed $10-0,000, and for establlshblg and lmpro-vil'lg aids to navigatiOn and other works as may be sp~tiically approved' by th& Secretary of Ct>'m­mel"'Ce, $473,009; in all, $513,0001.

Mr. JOHNSON of Washington. Mr. Chall:ma.n,, I offer a-n amendment to the paragraph.

'l'be C'HA1RMAN. The gentfem'ft.II frem Washington offers an amendment, whlch the Clerk' wilf report.

Tbe- Clerk read as follows: Amendment..D1fered by ML. JanNSON. of Washlngfon:. Page. 'l3, line. 4,.

after. the word "exceed.'' stxi.k.e out "$-100~000" and insert in lieu thereof " $2.00,.00()."

Ml". JOHNSON of Washington. M:r. Chairman and gentle­meD of the crommittee-, this is- an amenilment to add $-100,0001

. for tile. t11Se of the pub.lie· w@lts :iD connection with the con­stra.etioo, purchase, and e@IUipment m:. ligllltoouse tenders,. and other t'llids 1!& navigation. ~ Budget.::Bureau slaughtered the Lighthouse Sel'vi<'e to a coosiderable extent. 'The committee of which too distmguislledi gentleman :from Pennsylvania [Mr. SHRBVE} is chairman restored a pa:ri o-f the Sllms requested, but nat enough.

In my op-init'm thfS' addi.:tion11l snm fs needed, mm needed b~ulPy. It is for ards to navigation in all' watei·s. Part of it sho-urd be spent fn the Paeille Northwest. The district which I have the honor to represent here rs nearly surrounded by several hundred miles of na:vigabJle water: The Columbia: lttver rnns on one side of my district for 200 miles, navigable for- 1410 miles, or until you reach the Cascade LockS', and is nnvigated by deep sea vessels !o-r most <Yf that! distance. Fifty miles from the great city o:l! Portland~ Oreg., toward the Pa­cific Ocean, on the Columbia River, in the State o:t Washing­ton, tfiere has been established a new city, which in a yea-r's time hus grown from no persons to a: :population of· perhaps· 10',000 or 12,000 souls. The pred'Iction is made that rn a few· yenrs there will be 50,000· or 60,000• persons· there. The Long­nen Lumber: Co., of Texas, Arkansas-, Mi'ssissippf, and Mi'S­soul'i, are moving their holdings t6 that new city. Big vessels go and come from. all parts or· tl'le Unfted'. States and of' the world. They depart loaded with great cargoes· of lumber, so tl'lnt aids to navigation are needed aind' lighthouse equipment of the kind mentioned in this paragraph is· needed.

Mr. MILLER of Washington. Will tl'le gentleman yierd? ~.fr. JOHNSON of Washington. Yes ;, certainl'y. l\Ir. MILLEit of Was1'lington. There are other· large con­

cerns which llave gone in there? Mr. JOHNSON o:t Wa-shin.gton. - Yes~ many of them, and

at Vancouver, Wash., and elsewhere. JJ.&. MILLER of Washingto.n. Tlre Kansas City Ceal &

Coke Co., which is a company of immense proporti'Q!lls,? Ml'. JOHNSON of' Washingtoo. Yes. A little of· th& addl­

tk>nal money will be nsed t0> help Vancouver, Wash., Md l~rtla.Ild, Oreg., bl!lt the Colllmhiia Riva only particiipates in. a part of this, and the amount shol!l.1ld be $500,000. 'Jl'he a.menffi.. ment we ~l'e (lfi:ering to the paragra'})h of the 1M11. affeets, im­proYoementls· oi! this kind in au parts of the· Unitea Sta1i~s. We have eceani c0mmeree, t:1!1.e• Paci.0.e· coast, the '.I~ ceas:tr,. and the Atlantic coast, and even pl:a:ces: on the t>ig navigable rivers.

You mnst remember that the PacifiiC Northwest is, ai compum­tivel'y new eountry, but it is growing ve:iry fast an.d de:veroping ra-pidly in a commet·cial way. But it :is waenull<yr ill need ()f evel'y kind of a:id• to. navigation~

:Mr. McKEOWN. Will the gentleman yielot?· Mr. JOHNSON of Wash1mgtoni. Ye&. Mr. Me:.KEOWN. How much is- it anitMcipnited win be l"e'-

quired out of this sum? _ Mr. JOHNSON gf Wai.sJHngton. I am not able t@ s~ exactry,

but it will probably provide for one lighthouse tender, w-hl'ch is badly needed 1n that river, and: alS@1 proviide. fo11 othfil- ln.ar­bol"S', some navtgation aid for Grays1 Harbor- and Willipa Harb~n.

Mr. lVIcKEOWN. Your shipping ts incl'easing very· rapidly(' Mr. JOHNSON of Wa,ghington. Ofi,, yes ; by leaps and

bonnds: I would like to say for· tlll:e b1form~tlon of' those• heire-

t:Mt. lt ls reallJJ sad for those. a1 us who live in the 1n:r northwest rorner ol the United States tl!l.at we arc. forced to compare ou.r aids to navigation with those of our sister country of the north,. a<tross the Strait of Ji'tlall c1e Fuca, British Cnlmnbia, a great. and growing PrO!Vince o.£ Camada. Alt.hough they have far less people than we have they pay much Illi)<re attention to lightllO'UlSes and other aids to navigation. Th~y

. want the wo:rld:'s ships. Mr. HAWLEY. Will the gentlemani yield?• . Mr. JOHNSON 0-f Washlngtvn. Yes~ I yield. Mr. HA WLBY. ls it :not true- alsu- that tile- recent dredging

of the channel in the Columbia River has: located the ela!ann~ in places where- it did n0<t run befol'e; and.I that these :plaices -cover many: miiles Which have never· been m.®!:rked with lights o:r aids to navigation?

Mr. JOHNSON of WashlngtOIL Quite. so-neithe:E' lig)l.fs nor buoys, and they are badly :aeeded

1\Ir. 1\i1ADDENA Mr. Chair:mmn. am.<1 gentlemen.,. it is• very Il4Ltuli'al th&t; gentlemen representing did'ferent-_ secti4'>1lsi of the­coumzy wi1l ask for what they think t.he-y ought to have :Jio~ activities :Ln tMk W<!nlities.

Ml!. JOHNSON. ©:fi Washingtcm. Will the· gentlenum yie1d?· Mir •. ~.!ADDEN. Yes. Ml1-. JOHNSON of Washing.ton. I want t<r say it is :m.ot only

natural, but quite- right. Mr-.. l\liDDEN~ Yes; I do· not oeny the right, and it is 'V'er·y

natural. Bn.11 there is an· ocdedy way o·fl procedure~ and w'e have been. Ji)l'()Ceeding il!.I! that orderly. way~ The only thi:ng which came before the Committee on. A:ppropriatwns wa:s a recommendation of $511,500 fo:r tlle mrctivities referred! to in t:h.e amendment offe:re<il by. the. gentleman :f!rom Washimgto11, an.di the cronmittre recommen~d a total oi $573,000L 'Ji'he $5U.,.500 iSJ made up. as, fo.lilows-but before g:iving the items. let me state this. M.tt. l?u±nam said:,

W0o11ld· the committee like any· furtl'rer i'nformatton about tbe 1(} itEID'S

that are specified here for public works?

Tll.e- chairman o.f. the sub.co.m.mittee: said:. j think y&U put th@Be1 lD the retWl!d ]last ;JeJlrL r will aak yelU t& dO

this, to give Ul:J. the items for the :reeordJ wberei you Jm>PQSe- to use- thl!'ll 1lll0.Dley tb.iB. yeDJl'L

Mr. Putnam said this :

I mi.g,ht say this list has hee:ra. seleetea tQ> eov.er,the most urgen.<t :iitems­out of a much larger list recommended by our district officers and. tae shipping iiateliestst an.di t:b.~y- a.re: a:rra;aged in what we CO:lls~r thdr relative importance.

The items making np tlle $51!,500 are as· follows: Lighthouse vessels------------------~------------ $100, 000 Cape SJ>encer Li~t Station, Alaska_ _____ .________________ 9~, 000 Depot, s_eeond. Jig thouse d1stri-ct:..________________________ 53, 200' Akls to. naviga:ti0111, l!""'l\irpi:ir11 Harbo11, Ohi&---------------- 20, 300. Aids to na~n.tion, Gal:vestou Bay and Houston Channels, Tex_ 100, 000 Aids to nav gatfon, Lud'ington-, Mich---------------------- 20, 000

!f3~0t~0~as:e;J~u~-~'1-wateiwai:N--o-r"f;iir:-v-a.:-t~-nea.u: ZJJ, oo01 fort Inlet,~. C-------------~----------------------- 25, 000

Aids to navigation, Sandusky Ba-y, Oh-fa___________________ 23, 000 Ai.4s to n.arvfgation, Wfllsliingtolll!, (f)rego:n:, MldJ Calif<>rnfa____ 50~ 000

Now, Oreg.on, Wasl'li'Dgton, and'. CaJiiornia un.der this di'stri'.-bution are getting their fair proportion of tne amount.

Mr. JOHNSON of Washington. Will the gentleman yield? Mr. MADDEN. Yes: Mr. JOHNS-()N. of Washington. Twill ask tfl:e gentleman to

remember· that the- Oregon, Washfngton, and Carrfornia oeeun coa$t line represents 2,000 miles, and it is the equival'ent of many States· on the Atiantie coost!, while the sum p ·PH'vided :fer tb:a:t greB'.t coast line fs ff' mere trifle.

Mr. MADDEN. I reaI'ize that, but there· m-e other plaees w-:riere the ocean coast lm-e is J!ong and importa:n1!.

Then tllere is such a thing· a:s there· heh11g a limit ro tlle· amonnt that can be· expended' f&r' g.fven activities. It must be realized that everyl'>ody· in. the lJiiited States·· is dema1'lding· economy wl'l-ile everybody in dMerent sectie~ of' the United' States i-s demanding additional appropriationS'. Take the urfferent· secti'orrs ot the e01mtry, and when ·they join in the aggregate they demand economy, but when dFfferen·t see'l!io-ns are segregated they demand extravagance. So there i's· only one safe policy to pursue-, and tl'rat is to ma:ke th& pollcY, nation-wide and in the aggregate· and not in segments-.

It i:s. time, Qf eourse .. that yot1 can spelil.d· more m@ney- evei·y day e:ve:irywhere; but everybody is «lemanding that we. sh.all speI!d lea3. NoiW,, ru::e we. geing to spend less or are we. going. to• SE>enal me-re?

l'tlrr JOHNSON of Washirrgton. Will. too gentl~man yield'l. Mr~ MADDEN. Yes..

1924 CONGRESSIONAL RECORD-HOUSE

l\.Ir. JOHNSON of Washingt.on. A.ids to navigation -come a little bit outside of the pinch of economy. We can pile one Shipping Board vessel up in the mouth of the Columbia .River and lose more money in a ji:tfy than you are trying to save here.

l\1r. 1\1.A.DDEN. But who is the one to decide this .qu~stion? Mr . .JOHNSON of Washington. Congress ~ obliged to deter­

mine it. Mr. MAPDEN. Congress finally acts, but that question has

not been determined here and it has not been given the kind of consideration that justifies affirmative action. It ought not to be consiaered seriously until it has been considered elBewhere ancl until the question of :finances is given the kind of consid­era tion that the public sentiment of the Nation demands.

I hope the amendment of the gentleman from Washington [Mr. JOHNSON] will not prevail. I would like to be able to favo·r what the gentleman wants and what every other gentle­man wants, but we are charged here with the responsibility of conserving and not destroying the public .financial integrity.

l\Ir. JOHNSON of Washington. Will tlle gentleman yield? .Mr. 1\1ADDEN. Yt!s. . :Mr. JOHNSON of Washington. I have been in Co~<>Tess 12

years. · 1\1r. MADDEN. So have I, and several more. Mr. JOHNSON of Washington. In all that time I have been

a-ble to secure nn ,aathorization for but one public building; that was lO years a.go, and to this day I have not receivoo the authorized appropriation, gr any pa1t of it.

Mr. MADDEN. Neither have L M:r. JOHNSON of Washington. Dr anything of that nature,

but have striven hard all the time for aids to .navigatioo and by tremendous effort have secured in that enormous territory half a dozen lighthouses, and does anybody regret that?

Mr. MADDEN. When the gentleman talks about mot getting a public building, I want to say this to him: I 1come from a city of over 3,000,000 people, ·w.he.re w.e have $50,000,000 of annual postal receipts, .and where we have been han.dling tbe mail on the sidewalk !for 12 years. We have n9t been able to get a building and we are not :M uxireasonahle that we demand the impossible. We are willing to· hel,p.

hlt'. J'OHNSON 1of Wasbingt®.. I have not been f:}emanding thnt, either. I have .had ·an authorization fur a building !f&r 10 years.

1\.Ir • . MADDEN. When the gentleman -say.s he can not get it Le is no differently situated from any other Member of th.is &use.

]). fr. JOHNSON of Washington. 'I'lle reaSO'n is because I im­pretis the importance of the things most neooed f@r the .Dl.G8t people.

::\fr. MADDEN. Nobody gets all that ,they want. Alr. MAcL.AFFERTY. .Mr. Chairman, J: .move to strike .out

the last \Vocd. Mr. MADDEN. I am not through yet. . l\h'. MA.cL.AFFERTY. I beg yoor pardon.. The gentleman

w.as talking abont pul>lic buildings and .I ;thought he ha.Q quit. 1\lr. MADDEN. No; I have not quit. I say nobody gets

'all that he wants, an.cl why should the gentleman from Wash­ington be an exception, or tbe gentleman from California? Everybody knows there is a great de.arth of publie buildings for the transaction of the public business, but everybody al.so knows that if you undertake a public building .pr.ogram you will rdo it .at the expense ot the ta.:i;payera and you will only get 50 cents worth of work for .every $1.50 you pa~ out, and the time is rnot ripe to begin that, and it will not be ripe uutil the people themselveS have gpt through with tbeir building program to establish h~msi~ facilities for themselves. It would be a crime .for the Government to .enter upon .a program in competition with the citizens who maintain tbe Government when the citizens have been struggling along at high prices to build roofs over their beads. All you will do, if you carxy on the program that you outfine, will be to make 'the cost to the people twice what it is, without accomplishing any vurpose whatever.

Mr. l\L\cL.AFFERTY. Mr. Cha\,rman, I move to strike out the last word.

Mr. Chairman and gentlemen, to trip lightly from London to Paris, or 1n other words, from public buHdings back to the little matter in hand, which has been mentioned in the amend­ment offered by the gentleman from Washington. I know the coast that it is proposed· to pro.tect by this amendment. I know it very well indeed, and 1n listening to my friend from Illinois proclaiming the necessity for economy-and he is right-I am wondering if, after all, it is economy when I re­member how the steamship Valencia·, a few years ago, because

of inadequate lights on the ooast o:tf the State of"Washington, went ashore at a sacrifice of 136 lives.

Mr. MADDEN. And there were a lot of destroyers went ashore without any reason whatever.

Mr. MAcLAFFERTY. Y.es. Mr. W .ATKINS. All the more reason lfol' the a.Ppr~rlation. Mr. MADDEN. 'Dlat was without ·any reason whatever. Mr. M.A.cLAFFERTY. That is true. l\fr. MADDEN. You do not say anything about the lives l@st

on them. Mr. MA.cL.AFFERTY. The ·district that lt ls proposed to pro­

tect here we in this 'Honse well know, as has been said, <!ovel."S in the neighborhood of 1,000 miles, and we ask tll.e protection that this House .can give by raising this figure so that it is per­missible to expend not more than $200,000. Th.e bill 1·eads $100,-000, and if we who happen to live 1n that far section of our c@untry-and there are mighty few of us-did not smnd -0n thiSJ floor on an occasion such as this and try to impress upon you the necessity fur saving· .American lives and American property we weuld be remiss in -O'llr duty. I do not propose to branch .off into a discussion of pnblic buildings, although I eould talk about that; but thls 1s ·a very important thing to us and we are ·here as the mouthpieces <>f that ·far £ection -0f our country and we want yau to help us protect the lives of onr people and the property of the American people.

Mr. MADDEN. Will the gentleman yield'? · Mr. MAcL.A.F'FERTY. Yes; 1 yie1d. Mr. MADDEN. I did not start the public buildipg discus·

slon. Mr. MAcLAFFl,~iRTY. Neither did I. Mr. MADDEN. The gentleman trom Washington started it

and I just answered -what he 'had to say about not being able to get something.

Mr. JOHNSON of Washington. What I undertook to say was that I was waiving those claims tor appropriations of more vital and more general importance, and seem to haYe started the distinguished gentleman into action, , Mr~ .MADDEN. 'l'he ,gentleman would not 'have got the other,

anyway. Mr. JOHNSO:N of Washington. Maybe not. Mr.. WATKIN.$. l\Ir, Oh.airman a.nd gentlemeD o.f the com­

mittee, we are all for .economy, bnt economy sometimes might be designated pen~:r~wise and pound-foolish, and whenever lives are at stake or whenever property is in danger, if you can use a little money to save life or :pi·operty, I daim it is a judicious investment, and not only that but it is ithe duty of this H-0u~.

I notice that the Appropriati()l).S Committee frequently cuts down an appropriation that the Budget' has recommended, but usnaily whenever you want to go o~r 'tihat wh'ich the Budget has recommended it says, u,oh, no; stay within the Budget."

Mr. MADDEN. Will the gentleman yield? Mr. WATKINS. Do you ·not frequently cut down ~

Budget'? 'Mr. MADDEN. We tlo, .And it 1s our 'business to cut down

when we have the facts to justify 1t. 'Mr. WATKINS. Wlth reference to whetheT the matteT is

justified 1 want to read the committee a statement which comes from the 'O<mnnlssioner of Lighthouses 1n the Bureau of Light­honses, Department of Commerce, 'Mr. G. R. Putnam. It is as follows-:

Regarding the need of additional aids to navigation on the Columbia Rlver, I have t.o advise YoU that this subject has been given careful conslderation. and a prellmlnary study has been ma~ of desirable improvements in lights and other marks fOE this i"lver between Port· land and the sea. The Lighthouse Service coDBide:rs that such 1mprove­~ts are desirable and justified by the tra.fi:lc on tbis river, but funds are not available to ,permit taking up this WOI'.'k at the ~sent time. I bave pleasure in advising you, however, that it will" be given du& consMerafion 'ln connection with the preparation of ·the next estimates to be submitted for the Budget.

'That shows that it has been .eons.l:der.ed, and in view of the traffic and i:n. view of the safety of human life, we ask for the ar>proVRl of the .amendment. I :am saying to you that the Oolmn.hla River is the second ~st rlver in the !United Stares, and upon that river is located a dty and :seaport seventh in size in expgrts in this great 1COimtry, and the customs distrie.t U! fourth -Of all the C'llSOOms -d:istI.icts <Xf. this great country. · Mr. GRIFFIN. Will the genfieman state where that stat.e-ment was made that he just read? "

Mr. WATKINS. That statement was froll) a letter to me dated February 29, 1924, and signed by Mr. Putnam, the Com­mi-ssioner <'>f Lighthouses.

~6668 CONGRESSIONAL RECORD-HOUSE APRIL 18

Mr. RAKER. Will the gentleman . yield? Mr. WATKINS. Yes. Mr: RAKER. Did the facts as stated in the letter get to

the Budget or the Committee on Appropriations? Mr. W .ATKINS. I am not able to say, but I do know this:

I have been informed that last year the Budget and the Appro­priation Committee gave $713,000 for this work.

Mr. MADDEN. That is true, I think, or it may be more, if the gentleman will permit; but we gave more this year than they asked for, $64,000 more than they asked for.

Mr. WATKINS. You should have given $164,000 more than they asked for, for the traffic justifies it. The vessels entering that port have increased 304 in 1923 over 1922.

Mr . .ACKERMAN. Will the gentleman yield? Mr. W ATIGNS. Certainly. Mr. ACKERMAN. Seventy-five thousand dollars was all

they asked for for the project, and we have given them $64,000. Mr. WATKINS. Why did you not give them $75,000? Mr. ACKERMAN. The economy problem entered into it. Mr. WATKINS. You are going to endanger human life, you

are going to endanger property, you are going to endanger the traffic on the second largest river in the United States because you fail to appropriate money enough to save and protect human life and property. Why do I say that human life and property may be endangered? Because of the increase of traffic in that district, because of the loss of human life in the past, be(!ause of the los~ ot property in the past. The Commis­sioner of Lightllouses says it is justified.

l\lr. JOHNSON of Washington. Will the gentleman yield? Mr. WATKINS. Y~s. Mr. JOHNSON of Washington. Ships come to these north

Pacific ports from all over the world and from all parts of the United States.

Mr. WATKINS. Certainly. Every flag under the sun and from every port in the universe.

The CHAIRMAN. The time of the gentleman from -Oregon has expired. The question is on the amendment offered by the gentleman from Washington.

'l'he question was taken; and on a division (demanded by Mr. ~1ADDEN) there were 34 ayes and 31 noes.

l\lr. MADDEN. Mr. Chairman, I demand tellers. Tellers were ordered, and the Chair appointed Mr. JOHNSON

of Washington and Mr. MADDEN as tellers. The committee again divided; and the tellers reported that

there were 45 ayes and 54 noes. So the amendment was rejected. The Clerk read as follows :

COAS~ AND GfODETIC SURVEY

For every expenditure requisite for and incident to the work of the Coast and Geodetic ,Survey, including maintenance, repair, or operation of motor-propelled or horse-drawn vehicles for use in field work, and for the purchase of surveying instruments, including extra compensa­tion at not to exceed $1 per day for each station to employees of the Lighthouse Service and the Weather Bureau while observing titles or currents, and the services of one tide observer in the District of Co­lumbia at not to exceed $1 per day, and including compensation, not otherwise appropriated for, of persons employed in the field work, and commutation to officers of the field force while on field duty, at a rate not exceeding $3 per day each, to be expended in accordance with the regulations relating to the Coast and Geodetic Survey prescribed by the ::Secretary of Comlll'erce, and under the following heads :

Mr. GRIFFIN. · Mr. Chairman and gentlemen of the com­mittee, thirteen years ago there was .installed in the Coast and Geodetic Bu itding, across the way from the House Office Build­ing a device of marvelous intricacy and of great value not ouly to tbe Coast Survey but to the people of the entire country and perha~ to the world. 1;he device in question is called a tide-predicting machine. It is an aggregation of wheels and levers, cogs and pinions, over 14 feet long, taking up an entire room.

Mr. ACKERMAN. Just at tllat point: I was at the Geodetic Survey yesterday and they said that in addition to the hundred mathematicians the expenses of probably 150 or 200 other em­ployees were also saved to the Government by reason of this invention.

Mr. GRIFFIN. That is a new factor in the calculation that ought to be considered. l\iy thought in bringing this to the at­tention of the Rouse at this moment is to lay a tribute on this desk before this Congress and the American people to the energy, the zeal, the learning, and fidelity of three men, poorly paid, who devised and built this wonderful mechanism aftet long years of ardu9us study and toil.

. First I mention Dr. Rollin A. Harris, now passed to his eternal rest. At the time that he gaYe his heart and soul to

· this work he was getting the munificent salary of $2,400 a year. He died on January 20, 1918, after a lifetime of faithful service to his country, and there is not a resolution, there is not a sugge.:;tion of acknowledgment anywhere of the magnificent service which he rendered. If he had been a native of France, his name would be enscrolled on the high~t arch in the Acad­emy of Science. During Ws life he would have received a rib­bon and the medal of the Legion of Honor. Republics, however, are ungrateful. They are more than ungrateful, they a.re indifferent. I want in this feeble way to pay a tribute to this splendid man. I hope some time it may occur to the gener­osity of some mnn in this House, preferably the chairman of the appropriate committee, to introduce a resolution by which some testimony may be given to his kin of our recognition and appreciation of his splendid service.

The CHAIRMAN. The time of the gentleman from New York has expired.

l\Ir. GRIFFIN. Mr. Chairman, I ask unanimous consent to proceed for five minutPs more.

The CH.A.IRl\IAN. Is there objection? There was no objection. Mr. GRIFFIN. .Another of the men who were engaged in

this work wa~ Ernest Georg Fisher. Re is now retired after a lifetime of faithful service, and is receiving the munificent sum of $60 a month as a pensfon. The other man engaged in this remarkable work was Leland P. Shidy. He is still in the bureau nfter years of long service, drawing the mu­nificent salary, as a scientist and mathematician of $2,400 per year.

It is my hope that the Members of this House will give a little thought to the meager ·pay accorded by this Government to the faithful employees in the various scientific bureaus of our depart­ments, and where they render, as in the invention and construc­tion of this tide-predicting machine, some strikingly meritorious service there ought to pe some special form of recognition and reward in addition to allequate increase of salaries. They be­long to no organization, tlley belong to no union, but they devote their attention faithfully to the work intrusted to them without complaint or murmur. They take a delight ill the work they are dmng, and in their achievements they reflect great credit upon themselves, Upon this Republic, and upon the age in· which we live.

Mr. l\fcKEOWN. Mr. Chairman, will the gentleman yield? Mr. GRIFFIN. Yes. Mr. McKEOWN. I have supposed that this reclassification

would take care of these worthy men. They have no one to take any special interest in them, and I would think that the Reclassification Board would pick out men of this type and see that they bud adequate compensation.

Mr. GRIFFIN. This tide-calculating device is nicknamed the brass brains of the Coast and Geodetic Survey. The reclassifi­cation act is also brass brained in the matter of its classifica­tions. It does its work mechanically, without thought of com­parative values or the importance of the work achieved. [Ap­plause.]

Mr. McKEOWN. I agree with the gentleman, and I am in accord with what he is saying with reference to the necessity of takin<>' some interest in the men who have no one specially to care f°or them or for what their compensation is. One of the most disconcerting things to an American Citizen is to see a faithful servant, such as one of tpese men who has not b~n down here harassing Congress, bemg overlooked and not paid proper . compensation.

The Clerk read as follows : Pacific coast : For surveys and necessary resurveys of coasts on the

Pacific Ocean under the jurisdiction of the United States, $21")0,000.

l\fr. MILLER of Washington. l\Ir. Chairman, I offer the the gentleman yield? l following amendment which I sencl to the desk.

By that machine one man ca~ do the work of 75 to 100 mathematicians, and it has been doing that for 13 years. Will you try to visualize the financial importance of that device aside from its wonderful effectiveness as a scientific instrument? I have made a brief calculation of the wages of the mathematicians employed by the Coast · and Geodetic Sur­vey ranging from $1,800 to $2,400 per year. .Assuming that the salaries of the mathematicians who would otherwise have had to calculate and predict the tides tediously by logarithms and triaonometry were only $1,800 a year per man it would mean t~at this device has saved this Government $2,340,000 in salaries alone. · ·

Mr. ACKERMAN. Mr. C~iairman, will Mr. GRIFFIN. Yes. . The Clerk. read as follows:

1924 6669 I .

Amendment olrm:ed by M.r. M1L1.im. ~ - Wasittngtooi.: P&ge- 74, line 10, ! tei remJ.er the' Rssllstance· you are cHnnoring· for; ff so,, r will he after the words "United States," sb·1ke out "$230j000" a.n.d· insert: · glad to have that explanatioll'. "$.314,aoo.:• I '.M'ir; Ml11}11E3R ot' Wa-shingtorr. ·:f can state ta the gentleman

i\1r. MILLER of Washington. Mr. Chairman, this i~puttingi : right now. 'Colonel Jones, Clllef of. the Coo.st and Geod~tiC' the appoopriatioo for 1925 exactly wha::t· it is this year. 'lUiis SU:rvey, said' if WE:f'clld not aUaw this he woum. have to tie up is. a very important, piece of work. Only l5 peu cent of the· one·' of' theS& four steamers. coast line of .Ailhska is sur.reyed. There· is not a State on the ' Mr. SHREVE. That ls not stating-· -Racific seaboard' where oo·peir centr 0f the coast ltne is surveyed. I Mr. MILLER of Washington. I am telling the gentleman tlint I11 my own. State less· 1lhan. 45 p~ cent o.t the coast line is sur- the Chief of Coast and Geodetic Survey told the gentrlemffil. in veyed. We have. tD-dDJY out on the· coast' four coast survey I his hearings that if he did not allow this,. amount. he would steamei:s, the Disen'l9Men, the Suruegar, and' two1 otlletlS. Om have to tie . up one steamer. Now come across; I have told the of those ships. wilt ha.ve to. be laid up• tmless this a.ppropriationi gentl~manr one of' tfie items. is }Jlade· wliat it fs, thls year. Under an: arrangement· w:ft1i the.i Mr. SUMMERS of' Washlhgton. Wltl the gentleman· yiei'd1· Philippine Islands and the Insular ~vemnrent, •ont of th01 Mr .. SHRBIVE. Cert.aanly. $250,000 allowed they reeeived $7~GOO;. That leaves· $175;ooo-.

1

Mr. SUMMERS of. Washington. This chaL't' will have tn bel for · the enp.ne Paci.fie coast, inaluding' A:laska. done sometime, will it not?,

Now there Is great development on ornr coast. We 8.re'-W ne-w. Mr. SHREVE. Certainly. country. We have not. had ·a.pprnpri.altions for 13Q years for· Mr; SUM:M:EnS' o:f' Washington. Now, wrecks a.re. oc.curdng, surveying eur coasts as : they. have had along tlre. Atlantlfa, for· from time to time and wilt continue if this charting is not done. finding. the· rocks alld llhoolSi and em:s ifr, a- :Ehr bolder coast tlilm• The CRAIRl\:f.AN. The time of tfie gentleman. has expired. the Atlantic. Eve.ry fewi d~s. mver.: a month. p.BzSBes but what; Mr. SWING. Mr. Chairman and gentlemen. of the. com· some ship goes to the bottom, hung up on some bayonet: rook tha.t: mittee; I' just want to emphasize the nornt made in the ques­has never been located by a· sm"v-eY.. Lt is to do this: WCJ?'k, tton asked· the chairman of the commfttee by the gentleman.. gentlemen, that. we are- asking for th.is, little modest inc1!ease: of from W~shington that this. work has got ta be done, that it is.. $64,300, to put it back just exactly t-0 ~hat it is1 th.is• year. going to be done,. and must be paid fOJ."' by the United. States. '.Uhis bill, gentlemen, is· under the estimate- of the Budget,. and I rt is only a que.stion of' what constitutes economy in. doing. it. wish that the committee c.oulth see its- way· cle:a.r' ta· aceept. thlsi Here is t11e testimony that if the money is. not supplied this, and giv.e us the same, amount for nert year that we: have this year in the amount it was last year-and they certainly year and at least keep 'these :fo.nr vessels em)!;L@fed. and1 let us, must have convinced' the cmmmittee: Iast year tney- needed it get after a while our. l?acifi~· coast, surv.e3'red and- the- danger or they would not ha~e appropdated it-that one- of' these- ships points marked simil~ to- what you have on. the· A.tla.ntic seer now opel·ating will have to be tied up. You now: B.ave· on the board. ground: an orga.ntization· that. is engaged in dloing· this- w-0:rk.

l\1r. LEA of CaJifornia. Will the gentleman yield? You will be dispersing this organizati@n, and S()me· tim~ i:n-l\1r. MILLER of Washington., I will the futmte when a lairger appropriation is. made you will nave Mn. LEIA.. of Gfa:lifornia. In this C0llilection I w.ould like to- to malte a new· o~anitlation. ·

call attention ~t in. the Tu.st. U. yeal'.s·. there have. been 286- But that is not all. There is no economy· ih post:Jlonlng for v.essel~ 'Y.~ecked m. the waters m , wJHali. it is now proposed, to · a yellr the · werk lliat you A:now yorr are going· to have tO' do, retard this work~ . · . . and' the'reby invite unnecessary dfsa.gters· in the Joss of' two <Jr

Mr. MI:r:.LrnR of Washington. The ~tleman. fl:om . C~1f.orma three ships- 1r yeaT· and; may be, a large· nnmber of 11.ves·? [l\lr .. M.AcLAFFERTY] spoke a moment ago about the.loss. of.the Va- Mt-: MADDEN. l\fr; 811'3'.irman; will the· gentleman yield· for--lenC1.a, g<Jing- on the- rocks- on tbe way ftom San Francisco to - a question? Seattle, going ~pon an uncharted roe~ and I th.inkl38 lives we1·e l\1r. SWING. Yes: lost on t~nt ship ~d a-ship worth· $3,000!.000 went to .the hottom Mr. MADDEN. Upon what ground. does the gentleman makEJ because ID'" coaet' is ~~urveyetf. Tllere rs altogether a difrerent his statement that· we a:re. goibg to rose two or- tnree ships? coast line on t1:1e · Pacific. .& tflousn:nd'-:f'athom line runs to some- aw~ 2 miles fi.·om- &ftore in other pi'a'ees half ' a m"Ie :tro th h Mr. ~ .1..1.'llG. I tuok my first ocean vo:rage- last summer-it

• 1 m e. s ore,, was not much of' a voymre---<ml'y from S'Hn.. Diego ta Seattle where yo~ plunge off into a perfect gash in the earth and then nut 1 was new on the seah warer: fCild it caused me to read th~ pasa on a. sfioa:l, or there may- Be IJ· bayunet rock sticking up . . ' . . · tfiat no man Jlws <fisC!Overed. It· can not· be located otheir than o.cean news qmte . ca.refully, and O'withm the ~O days reqmred by tfie wb.·e· dragnet, and ft is -. tliat' class of work that' tb.isi Coast to ~ake. that trip fr~m Sa:n Diec.o to s;attle the newspapers and Geadetic Survey iS. pel'fOYmirrg there; Tfte· Pacific eoas1f catried I~ports . of three ships th_at had hone on the rocks and from San Diego· to' Seattle iS. orrIYi 50 per cent stzrveyed and the two 01!' them were reported to•. have· gone on uncharted roelts. 10,000 mJles of' A:JasltaUJ coa"St onJY 15~ per· cent. We ought- to It was t!ln~ ~fiat that I b.~sed .. my1 s_tatement. . 'Il~Eme · are large· haiv:e ne:A.-t· y.enr the- same amoont we· have thiB' fear, 80 the·wOTR: areas that are uncharOOd, and I think I i:av.e as much :right ro may go· on without delay\ and' it• wi'Il not be necessary ro take say that in that uncharted< area the-re are dangerous- :rooks as. any vessel&out of'c<!>mmisffion: and ti~ tliem up. a~~ne ~~a to say that . there. are not, and each. yellil', at a

Mr. SJ.IRElVE. l\:fl.', Chairman· andf gentPemen· (!}f ' tlie· eom- t~rifi:c loss of pr~pertN and.of lifer we are fiad.lng ou~ thl'ough· mittee, at first blush' when ~ not!cei the reduction of· $OJ!,~ .disaste~ the. location of t~ese uncharted rocks. That ta Il?t an. page 30 of our report', it rooked' a ' little formidable; but' when econo1?"1c way to asc.ertam the whei:eabouts. o:f. these hidden. you come to make an analysis of the- s! tuation it i's not ~ tlB:d. ,dang,ru: s. . . N-ew, r ha-ve- in my hand! a recapitulB:tfon that was made· by the . l\fr. LEA of Callforma. Mr. Chairman, will.. the. g~nti-ema.11 Bureau· of the :Budget: In. the estimate for 1'925 tl:rey made 11' yield? reduction in personal services. In "'24 it wa-s $'48,750. The· :M.n. SWING. Yes. estrmate fiQ:r t92"5 as1 provitl:ecr fn1 t:hi.S- bill ls $841,00@J N<JW, for Mr. LEA of Caliifurnla. Tu it n.ot a fa.et that these thr~ supplies amt me.terfals· tliere i!Jl amrtl1er f)lb.ce wfier0' ~ cnt waB· efficient ships, that. aPe oo-w engaged in.. tbis work WOlle! put fin mafle. East ye:n• it w.as $22fr.; ooui tn round, nnmbeirs and; this' the we£k in. aOOBeqnence of specific ads-of ()Qngmss; in. the last. yea1• $136;000. In eommunic~tfan Be?Vice t'.13.ere w~s an. in- tw.o )fears~ an.d tha.t: this- p:covisWn in the bW. will take off one crease from $450 in 1924 to $47'1! in' l9!m'. Travei'fng expenses' of those ships that Congress authorized_ to. b>a put there 18a aoother increase; in 11!i:J!4 $1.4,000 in r01md- num1'ers, anai in months ago.?· 1925 $15,000. And for trallsp0rl'e.tiell' of tillhgs theEe> iS' a re:-i Mr. SWING. That ls the effieat of- the testimony of C"1.oneL ductlon in 1924 $12;000! reduced·' to ~.000 in 1925. PrintJfilg Jan~ before the! com~ and• oindi'ng<, a Uttl~ it.em this yeair~ ~. n~thing in Iast· y~trn!s Mr. MAQDEJS'. Mr. Chairman, I would likle: m;rselt to qnote approp11falJion. Now the- it~, af' :fmmislling hes.tr anti• light; CoUm.eJ:. Jo~ .. w.hO"' i:s in. ahar~ of this WID'k. Colonel, J6nes 1924 was $300. It is now $2,795. Rent item, 1924, $2,;1.~J 3!Dd! ls the best advocate of his own. cause th11t there hr in. the world. . now unclei:. our. anpronriatwn. w~h we ara, pr.owided. fon it, is B@1 Iw. omf! o:fi , the sma.rtestr men. l bav.e·· eve1~ €0.me ill aontact $3,601. Repairs, and hel'.a. is ano~r. item.; I,as.t yea.:c they had. w.ft~ He· iB the· best: speelo!. pleader ]] ever knew. Ha can Cl!Y $1QO fQr. r.epni.J:.s, . and this :v;ea.r we gi.ve. them. $1D,.452. full JIE~pad.Ps. or laugh or act in any way:- t:bab he· Woks will al'.!'Compllsh bis SYpplies, mis.cellaooous. cw.-r~nt expenses, last yea.i. $1.,.400. purpose. [Laughter.] Be: is an au.ton~ tlW .ftust clas& H~ is This yea:r: w:e give $3,0W. Illr eqµipment fn, 1924 thei ha<1 ~6,r a v:er~ enthusiastic man,..a lilm,ar.t,, bright,,. clean fellow. He. is a 700. and. we a:re glv.ing. this, yaai:. $29,62'L good man for the jpb. he occnpie& But. he is the best all-ar.ound

Ml'. •. MILLER. of Washingto.n. wm. the. gentleman yjelci fo:r, ple&dei: to. get. mon.e,y out.. of. the T11easury that I evex saw in a (lu.estion.? fill!' l.ifa.. If the crowd of'. men on the Committee on, Appr-0.pr.ia..·

Mr. SHREVE... I.n a minute.. I wilL ans,.w.er-. N.6w\, ~leDlQ:ra,, tions at:Q not.~ tb.eix. guard all the. time,, CTGlon.e1 J.ones wilL get. explain to me wI1ere this $61,000 can be used, and wfiich one all he can from the Treasury. [Laughter.] I clo not mean that

. 91 these items it is proposed to increase and how you are going In an objectionable sense.

6670 QONGRESSIONAL RECORD-.HOUSE APRIL 18.

Air. MILLER of Washington. I move that those objection­able words be cut out. [Laughter.]

~Ir. MADDEN. I will take that out. It was not said in an offensive sense, either.

But let us see what Colonel Jones says about this. Mr. GRIFFIN wanted to know the period of time between the two maps that Colonel Jones presented for the consideration of the committee, and Colonel Jones answered:

It is eight years, from 1915 to 1923.

Then l\fr. GRIFI<'IN asked-IIas your work been .facilitated in . any way during this period to

show such a gain in area of surveys accomplished?

Now, let 1,;i.s see what Jones says. This is on page 384 of the hearings. l read :

Colonel Jt)NES. Yes, sir; materially. In addition to our having ·these modern ships to speed up this permanent work, due to the ingenuity of one .of our officers, the wire drag, which has been so vital in contributing to the progress and accuracy of the surveys, especially of southeastern Alaska, Commander Heck, who has been on this wire drag work for nine years, undertook when it was a very crude, unde­veloped medium for surveying rocky waters, _and at that time we used a drag of 2,000 or 2,500 feet in length and made two or three knots an hour, due. to bis ability and constructive mind, this drag has been developed so we can use it as long as 8,000 feet at 7 or 8 knots an hour. That has, in my opinion, brought this phase of our work' to a conclusion in 8 years instead of 15 years.

Mr. MILLER of Washington. Mr. Chairman, will the gentle­man yield for a short question right there'?

Mr. MADDEN. Yes. Mr. MILLER of Washington. · .-rust where in that paragraph

does Colonel Jones cry? · Mr. MADDEN. He was not crying then. [Laughter.] Mr. CHIJ.~BLOM. I .want to ask the gentleman if that

drag i!; with the committee? l\lr. :MADDEN. They use the drag with the committee when

they can. But they do not always succeed. Of course, there would not be so much complaint if they always succeeded. But I will say that if outsiders, not to speak of :Members, succeeded in every case we would be swamped.

The CHAIRMAN. The time of the gentleman from Illinois has e:Arpired. · Mr. MADDEN. May I have two minutes more?

Mr. MILLER of Washington. I ask unanimous consent that the gentleman from Illinois may have five minutes more.

Tile CHAIRMAN. Is there objection? Tllere was no objection. Mr. MADDEN. Let me read another word from Colonel

Jones: The1·e has been also n marked improvement in vessels, surveying in­

struments, sounding machines, and surveying methods. The following ti:i,hle gives an excellent idea of just how improved machinery, etc., ex­pedite work and thereby decrease unit cost.

Now, I ima0 'ine, from the statement made by my distinguished friend trom Washington [Mr. MILLER], than whom there is no man in the world that I think more about [applause]-I love him ; his character is good ; I love him--

Mr. MILLER of Washington. It depends on how you come through here--

Mr. MADDEN. But not $60,000 worth. [Laughter.] Mr. SUMl\.fERS of Washington. Does the gentleman mean to

give the impression that this work is completed? Mr. MADDEN. I mean to give the impression that it is

being expedited and that the unit of cost is being lowered. Mr. SUMMERS of Washington. If it is done at one time, it

will not have to be done again. Mr. MADDEN. There may be a flood some time and the

waters may wash some rocks down. Mr. MAcLAFFERTY. Does the gentleman fear it is going

to be completed too soon? Mr. MADDEN. No. We might lose some more destroyers.

We lost some out there, you know. Mr. MILLER of Washington. I wish the gentleman would

read page 382 of the hearings and see what Colonel Jones said. Mr. MADDEN. What does he say? Mr. MILLER of Washington. He says: Colonel JONES. Now, you asked me some time ago what would happen

under this appropriation. I would like to tell you, please. As the appropriation stancls this moment, all our ships, barring the

Pathfinder in tlie Philippines, must be tied up for a period. If there is itny further reduction the Pionee1· mu'3t be tied up for 12 months.

The CHAIRMAN. The time o~ the gentleman from Illinoi~ has again expired.

Mr. VAILE. Both parts of the statement are correct, are they not?

Mr. MADDEN. I want to nns~er what the gentleman asked about. A few years ago when they asked for $12,000,000 for fuel for the Navy I said they ought not to .have it. . . I proved they ought not to have it and they admitted they. ought not to have it themselves after they .had been on . the: witness stand for 30 minutes. They withdrew the application and then they made it again. FinaJly we gave them $6,000,-000, and that was $1,500,000 more than they should have had and I knew it at the time. Finally the Secretary of the Nayy sent me a letter saying they had saved $1,500,000 out of the $6,000,000 we gave them, and they said what they were pro­posing was to tie . up every naval ship to the docks. Now, Jones says they will have to .tie these ships up if we do not give them this money, but I call your attention to the fact that these ships are not sailing very much; they are out there with surveying parties and they are tie<"~ up ruost of the time while the surveying parties are out doing the surveying. Is not that true?

Mr. MILLER of Washington. No. Mr. MADDEN. Of course it is true; they are tied up wllile

the surveying parties are at work. Mr. LEA of California. I think if the gentleman will rend

the testimony he will find that the ships are not tied up but that they go out as mother ships. I want to compliment the gentleman on the good work he has done with reference to theEe surveys, because he made it possible to provide modern ships whlch can do the work efficiently and cheaper. Rut these ships go out as mother ships and carry all of this material with them.

Mr. MADDEN. I am very grateful to the gentleman for his frank statement about what we have done. We have given them ships; we have given them inen and money and every­thing they ought to have in every bill and in the bill now before us we are giving them everything they ought to have, so that this amendment ought not to be approved.

The CHAIRMAN. The time of the gentleman from Illinois · has again expired.

Mr. SUTHERLAND. Mr. Chairman and gentlemen, I am not going to mention the interst Alaska has in this amendment, but I want to speak of the economy contained in the amend­ment submitted by the gentleman from Washington [l\Ir. MILLER]. . .

There are two ships on the Paci.fie coast in the survey depart­ment and they were originally .mine sweepers. At the close of the war these ships were taken over by the Coast and Geodetic Survey and converted into surveying boats. The expense of reconditioning and placing implements on board was in each case $100,000. The Government valued these mine sweepers at $500,000 each;- so that the investment, as they stand today, in each ship is $600,000 and it requires $64,000 to keep them both in operation, and if that amount is not appropriated one will have to go out of commission. There _is no property which deteriqrates as rapidly from nonuse as ships.

Mr. l\IADDEN. Will the gentleman yield? Mr. SUTHERLAND. Yes. Mr. MADDEN. I deny the statement that the boats will have

to go out of commission. I say they will not and I say they have all the money they need.

Mr. SUTHERLAND. Well, the Chief of the Coa~t and Geo­detic Survey asserts that they will absolutely have to go out of commission, or, at least, that one will go out of commission.

Mr. MILLER of Washington. . Please read this statement by Colonel Jones as found in the hearings.

Mr. SUTHERLAND. Will the gentleman from Illinois ac­cept the statement or shall I read it?

:Mr. MADDEN. I accept nothing, so read it. Mr. SUTHERLAND. Colonel Jones, in reply to a question

asked by the gentleman from Massachusetts [l\fr. TINKHAM] said this:

Mr. TINKHAM. I notice you are reduced $64,000 from last year. What work will have te1 omit on account of that reduction?

Colonel JONES. Congressman TINKHAM, we will have to tie up one of our vessels for .a whble year, and, in addition to that, we will 'have to curtail the activities of others. In other words, we will have to work them a number of months and then stop this work when the funds give out. This is carrying on the continuation of the program, no extra · work, that we started last year, and which i: have indicated oa this ,..'. chart by specific localities under the names of the ships.

1924 CONGRESSIONAL 'RECORD-HOUSE 6671 ' Now, Mr. Chairman, if that one ship-is placed out ·of commis- Mr. SHREVE. In reply to the gentleman I will say that, in

sion and tied up to tbe docks lat Alameda it ~ill require four · my opinion, that is purely a State matter. I know up in men to care for her, a petty o:tficer and three of a crew. The Pennsylvania we take care of all situations of that kind. cost of that will probably · be $7,000 or $8,000. It is difficult to Mr. RAKER. But the stream is in two States. estimate · the cost of that, but I 1think that is a very conservative Mr. SHREVE. Could not each State take care of it within estimate for the care of ships. Then the rec.onditioning of that its own boundaries? ship when she is again put in ~ommission, provided it is within Mr . . RAKER. ·we have been trying to do that, and I have a year, would amount to appro~imately $10,000. been wondering what the Bureau of Fisheries has been doing

Now, it can not be economy Ito say that that ship should go in that connection in the propagation of food fish. out of commission for the lack jof a little over $40,000, when we Mr. SHREVE. I will say to U'le gentleman that I know of c.onsider the work which that $00,000 will do. So I submit that no legislative authority which would permit the Bureau of in the interest of economy it w4'uld be wise to adopt this amend- Fisheries to go into that work and protect the fish as sug-ment. gested by the gentleman from California.

The CHAIRMAN. The ques ion is on agreeing to the amend- Mr. RAKER. -That is what I wanted to know about. ment offered by the gentleman ~rom Washington [Mr. l.\.fILLER]. Mr. SHREVE: I am not familiar with any law that would

The question was ta.ken ; and the Chairman being in doubt, be applicable to that situation. As I understand it, it is the committee divided, and th~re were-ayes 36, noes 53. purely a· State matter with reference to the pollution of

So the amendment was rejecfed. . . streams, care of fish, and so forth. I will say to the gentle-The Clerk read as '°nows: man that we are conducting a fish-rescue station along the

Mississippi River, which has become of ·very great value. Employees at fish-cultural stations: Thirty-four superintendents, at After the high waters in the spring these little fishes are

$1,500 each; fore.men-13, at $1,2QO each, 1 $1,080, 1 $1,000, 1 $960; washed out into the bayous and the department then comes fish-culturists-4 at $960 each, 36 at $900; apprentice fish-culturists-6 at along and reclaims them and takes t:p.em to the rescue station. $900 each, 1 $780, 7 at $720 each, SS at $600 each ; custodian of lobster Mr. RAKER. I ought to know more about this work than pound, $720; custodian, $360; engf.neers-2 at $1,100 ~ach, 1 $1,000 ; I do. I know about it on the Truckee, Lake Tahoe, and Pyra-2 ·machinists, · at $960 each; firemeh-2 at $720 each, 8 at $600 each; mid Lake, but not about the work on the Mississippi. Do cooks-2 at $900 ea.ch, 1 $480 ; .in :au, $184,~20. you take any account of the fish in the Mississippi River? · Mr. SHREVE. Mr. Chairmfl-n, I ask unanimous consent to Mr. SHREVE. Oh, most assuredly, in connection with the

insert the word "each il after , the figures "$900" in line 17, reclamation work of rescuing these fish. Millions of fish are page 79. · rescued in that way in the Mississippi Valley.

The CHAIRMAN. The genqeman from Pennsylvania offers Mr. RAKER. Under what authority do you do that? an amendment, which the Clerk will report. Mr. SHREVE. Under the authority of the appropriations

The Clerk read as follows: I contained in this bill. , Mr. RAKER. I am asking for information. Why do you

Amendment otrered by Mr. SHREVE: Page 79• line 17• after the not res<'ue the fish that are being destroyed in the Truckee figures " $900" insert the word " €1ach." .l River? It is an interstate stream just like the l\1ississippi.

The CHAIRMAN. The questwn is on agreeing to the amend- Mr. SHREVE. I would say to the gentleman that I really ment offered PY the gentleman lfrom Pennsylvania. · think that is a matter of police regulation which comes within

The amendment was agreed to. the jurisdiction of tbe State. The Clerk read as follows: ~ • Mr. RAKER. No; it is more than a police regulation because Propagation of fooq fishes: For alntenance, repair, alteration, im- you are taking care of the fish that come out of the Mississippi ·

provement, equipment, and operati-0 of fish-cultural stations, tnr.luding River, which is an interstate stream. The Truckee River is an $15,000 for Saratoga, Wyo·., of which not to exceed $8,000 shall be inte.Fstate stream and the fish are being destroyed just like available for construction of buildings, general propagation of food in the· Mississippi River. fishes and their distribution, inchtding movement, maintenance, an<l Mr. ACKERMAN. Will the gentleman yield? repairs of cars, purchase of equipqient and apparatus, contingent ex- Mr. RAKER. Certainly, penses, temp-0rary labor, and not \to exceed $10,000 for propagation Mr. ACKER.MAN. Mr. O'Malley, on page 418, says that the and distribution of fresh-water mussels and the necessary expenses con- division of scientific inquiry is the one that has to deal with nected therewith, $386,230. I • the biological work of the bureau, and he then goes on to

state how they are tagging the salmon and also are investigat­. Mr. RAKER. Mr. Chairman1 I move to strike out the last ing the fish in the Great Lakes and the oysters on Long Island word. I Sound, and are also doing work in the South and are also

The CHAffiMAN. The gentleman from CaKfornia moves to treating the fish with improved fish-cultural methods. st1'ike out the last word and is l recognized for five minutes. Mr. RAKER. Under what authority do they do that? Jn

Mr. RAKER. I would like tb ask the gentleman in charge other words, if they can take care of the fish that are driven · of the bill what provisions · are 1 being made for protecting and out of tbe streams by virtue of various conditions and into saving food fish by the Bureau ?f Fisheries? these ponds and bays and' rivers, will not the gentleman get

Mr. SHREVE. Does the get.tleman have reference to the busJ with the Bureau of Fisheries and get them kindly · to Alaska service? · help us in seeing that the fish in Pyramid Lake and Lake Tahoe

lUr. RAKER. No; I am tu ing about the United States. and the Truckee River are not destroyed? You have provided a lot of mo ey for the propagation of food Mr: SHREVE. We will be very glad to. fishes. I will illustrate what I am talking about. In Pyramid The CHAIRMAN. The time of the gentleman from Califor-Lake, in Nevada, which is SljlPPlied by the Truckee River nia has expired. water coming from California,! and a part of it from Lake :Mr . . RAKER. I ask, Mr. Chairman, for one mote minute .• Tahoe, in the latter State, there are thousands and, I think, The CHAIRMAN. The gentleman from Califo'rnin asks for tens of thousands of dollars' }VOrth of fish being destroyed one additional minute. Is there objection? [After a pause.] to-day-fine trout a foot to two and a half feet long-and if The Chair bears none. that continues much longer th~ trout in that Pyramid Lake, Mr. RAKER. This is not idle with me. I have had it up Truckee River, and Lake Tauoe will be entirely destroyed. with every official in the State of California having charge of The people of that country w~ll be deprived of food fish as these matters. I have had it up with all the officials of the well as thousands of people wh~ come into that country in the State of Nevada ha-Ying charge of this subject. I have had summer for food fish. it up with every official in the Federal Government, and my

Mr. SHREVE. Will the gentlrman yield? colleague from Nevada [Mr. RICHARDS] has done the same Mr. RAKER. Yes; I yield to the gentleman from Pennsyl- thing, because it affects our States w]lere the two dlstricts

vania. • join; and I want to tell you that up until to-day the fish are l\1r. SHREVE. What is caiing the destruction of those being destroyed. I was in hopes that when the committee

fish? ' came in with this bill we would be in shape to start a real Mr. RAKER. In the first pla e, there is a dam in the lower crusade that would save these food fish in Pyramid and Tahoe

part of the river~ and they are ~llowing another dam up above Lakes and the Truckee River for the people, as they ought to there, and there is ·a ditch taking the water out of the stream I be saved. and I .Know the gentleman will help me to do that. at Derby Dam, and then they 8.re allowing to come into the Mr. SHREVE. I will assure the gentleman of that. I have stream refuse and sawdust and t aterial from various factories, some knowledge of the situation to whkh the gentleman refers, which is practically destroying 11 the fish in that stream. having visited that country frequently, and I am in full sym-

LXV~l . .

6672 CONGRESSIONAL RECORD-.......HOUSE APRIL 18

pa.thy with him and will be Yery glad to assist in putting through some legislative :program that will give the bureau some authority along that line.

1\lr. RAKER. I thank the gentleman and I know that the people of both of these States wlll extend their hearty thanks for his statement and assistance. We must b.ave it without mneh further delJly, otherwise the fish will be. destroyed.

1'fr. AC.h-'"ERl\iAN. Mr. Chairman, I move to strike out the last word. I would like to ask the gentleman from California if tlte enactment into law ol the Lineberger blll, introduced by bis colleague from Callfornta to t1revent the pollution of the waters on the coast, would not help the sltuati<>n.

Mr. RA.KER. It would help it to some extent, bt1-t y9u must remember that the trouble is that this river ts in two States.

Mr. ~CKERMAN. It would help so far as Lake Tahoe is concerned. .

Mr. RAKER. Yes; we need some legislation on the matter in order to take care of the fish as they should be taken Ctl.l"e of.

The CHAIRMAN (Mr. Tn.soN). Without objection the pro forma amendment ts withdrawn and tbe Clerk will read.

Mr. RAKER.. Mr. Chairman, I wonder if Utere ls a quo.rum present. · ·

Mr. BLANTON: I make the point of' order tb.at that is pot a proper suggestion,

Mr. RAKER. I didn't expect the gentleman would. The CHAIRMAN. Tbe Chair entertains no opinion on that

subjeet. Does the g~ntleman~make the point of order? , l\Ir. RAKER. Yes; I make the point of order. The CHAIIll\IAN. The ~ntleman trom California makes the

point of order that no quorum is present. The Chair will count.

l\Ir. RAKER. I withdraw the point of order. Mr. SHREVE. Mr. Chairman, I offer the followin~ amen<l­

ment. Tbe Clerk read as follows :

' After the word "travel," in line 17, insert tu~ hlllowing: "s.ubsil'lt-

en<;e (O.f per. diem i,u lieu of subsistence) o~ ltmployees whUe on duty in A.lnsb.''

The CHAIR~rAN. The question is on the amendment offered by the gen.tlem.an hom ·Pennsylvania.

The question was taken, and the amendment was agreed to. ~Ir. SI-IBEVE. Mr. Chairman, I ask unanimoul!$ consent

that in the figures $2,000, in line 3, pag-e '8S, the Olerlt m::J.Y 1miert a eonuna.

The CHAIRMAN. Is there objection? 1'bere was no objection. The Clel'k read as follows : Regulating 1mmigration: For enforcemant o~ t:tie laws l'~~ttug

immigration ot aliens into the United Statei;, f.ncluclin~ tlle c~tl'a.e~ labor laws; c.-ost of reports of decisions of the Fede~l courts, •nd digests thereof, for th.e use o.f the Comini1$sloner Ge:Q.eral ~ Ixwri.tgJ:"Br tion ; salaries and expenses of all officers, clerks, and em~lOf~S. 8.l>­pointed to enforce sa,ld lawl!I, includUl.g perJ1oni;U .services 1n, 1;he D""' tr1ct. of Columbia' pot tn exceed $50,000, ~d per di&m ,in 1:.1,eu, of su\Ji­sistenee when allowed pµrsuant to section 13 of the suqqry civU ~P~ propriatlon act approve<l AµJ;nlst 1, 1914; eW:orceinent o~ tll& p.i:9'­Tisions of the act of Februa.ry 5, 1917, en.Utleq "An iaet U> regqlate the !mmi~ratlolll of aliens to and the residen~ of aliens in t,be United States,"' and acts amendatory thereof; necessary SUl)Pl.ieJI, including exchange of typewriting machines. a.lteratic;ns iµJ.<j. :itePalH.. and for all otHer e>;penses author.l;zed by sald &.ct;. preve~ting tbct uAl•wful entry of Chinese into the United States 'by the appointment Q.( suitabl9 officers to enforce the laws in relation thereto~ ~~pe~~ of r.etutning to China all Chinese persons f 0un<l to be wila.wfully in the United Stntes, Including the .cost !)f inwri~onment and .. ctua.\ e~pense~ of con\"eyance of Chinese persons to ~be ir~t1er or sea.bo~d fol," depor­tation ; refur..ding of qead ta..,'C, mainte,wi.nce bil11, an~ ~in.migration fines upon presentation o.f evideru:e showJnf cou.clualv~ly ~e:t collec­tion was made throv.gb error of Governlllent officers; all to be ex· pended Wlder the directtan of the SecretlU'.Y of Labor, $3,:WO,OOO : Provided, That the ,Pur~l,lie, excba~e, use, matn,.ten~n(le, and opeira­tion of horse and xp.o.tor vehicles required iD the enf-0rcemen.t of th~ iqi01Jgration and Cl,d.))ese exclusiou laws outside of ~ DistJ:ic.t of Columb.ia. may be contre.cted for and the cos.t there<>( paid from the appropriation for t:t>.e entorcemen.t of those laws under such terms and conclitio~s as tlle Secretary of Labor may prescl";i.b{t: Provided. fwther,. Tuat no.t more than $12,000 of tb,e sum approvriated h~eht may be expt>nded ill the p~cha.se and µiaiutan.ance of suc:h i;not-Or vehJ.cles.

Yt·. J:OHNSON br Washington. Mr. Chairman, I offer the follo-wing amendment.

Tile Clerk read as follows:

Page 87, lJne 1~ ~er- the word " ot.r• strike out " Cbble.se " a ltd insei;; " ~lens."

l\Ir. JOHNSON of Washington. Mr. Chairman, I have offered this amendment for the purpose of making certain that the sums intended in this 'paragraph will be used in an earnest etr<:>r-t to prevent the unlawful entry of all aliens into the country.

Mr. MA.DDEN. I want 1o say that we will accept that amendment.

Mr. JOHNSON of Washington. I shall offer other amend4

ments for the purpose of carrying out the intent ot that amend­ment and for the purpose of protecting the United States.

The CHAIRMAN. The question is on the amendment. T~ question was taken, and ·the amendment 'was agreed to. Mr. '.MADDEN. The gentleman's amendment do~ not relate

t~ the returning to China of Chinese persons? Mr. JOHNSON of Washington. No-; the amendment is to

strike out the word "Chinese," in line 14, and insert "al.lens," so that it will read "preventing too unlawful entry of aliens into tlle Uluted . Stu.tee by the appointment of suitable offi.<..-ers to enf.orce the law in relation thereto." The prp.vision in rela­tion; to returni.Jlg Ohinese to China la tn the next sentence after 'the semicolon, Now, MJ.·. Chairman,, I otrer another amendment

TMi ClerlI :read as follQWS: Page IS'l, line 24, strike c>Ut th& ftgures " $3,300,000" and insert

in lieu thereof " $4,800,000," and after the word , .. ProvW.BtJ," insert "~llat at least $1,000,00q · <>f thls a.moµnt -.hall be expended f<>r ad4l­tiooal land oorder patrol: Provided furlhier.'f"

Mr. JOHNSON of Washington. Mr. Chairman, this when read with the ti!x:t of the bill is complete. For years Members of the House Committee ou Immigration and Naturalization have known of the difficulties of the attempt to protect the bQ:rders ag~i.nst :jmrreptitious entq" of al.Lens and ba ve tried to secure ·relief. We are not ~ privileged ooo:unittee and can not get our proposed bills up on the floor as we please.

Mr. MADDEN. Will the gentleman yield for a statement? l\Ir. ·JOHNSON ot Washington. Yes; certainly. Mr. MADDEN. If the gentleman from Washington will take

my word,• I would like to make a suggestion. I realize that sometnio.g oµght t.o be done on the border, but tl\ere has beien no consideration qf tbts qµestion. •

l\1r. JOHNSON of WW)bin.gton. Oh, yes; tbere has. . All'. :MADDEN. I mean that there l1as been no estimate, and··

thj.s amendment will add a million dollars to the e.'Jt;imates al4

ready submitted. It is not fair to the House to bave the commit.,. tee cha.rg~d with extravagant appropriations without estimates. If the geutlem.an will withhold bis amendment, l give- my wofd of honor to the House that I will be glad to eaU the proper sub­committee on appropriations together and give immediate hear· ings to anybody that wants a hearing and have a thorough un,der­standing and report such legislation for due consi.d.eration as' may be necessacy tQ meet the situatt-on that this appropriation 1provides for. T~at will ~ the orderl~ way, and I hope the House will do it. ·

l\fr . .TOHNSON of Washington. Mr. dhairman, the clutirman of the Committee on A~propriationffhas been kin~ aµ4 has done the best he could to meet the situation, but infOrmation i3 not forthco.ming jmit &s it sl;l.ould be. Bureau chiefs cµn not talk freely, apparently; The Committee on llllmigration and Na.tu· ralization has actually h~d to drag out the eviden.Ge which we have. We endeavored to tiave some fast work done in the last 24 hours so that we would have the printed hearings before you to sho'Y that the Immig,.ation Service on the border, in their ei!orts not only to keep O\Jt the .surreptitious immigrants but to maintain the laws generally, h&ve, I believe, lost more lives of immtgre.tfon inspectors in an effort to enforce the prohibi­tion laws than hft.ve the prohibition enforcement ofticer8 them­selves. In regard to what the gentleman says, this sum is not too large--

'.Mr. MADDEN. We do not know. Mr. JOHNSON of Washington. The gentleman can tnke my

word foi: it that it is not too large. Soon we hope to see some new immigration legislation coming before the Honse, if our committee can fina time and obtain authority from this House for bringing out a bill for the protection of our borders, in the form of a joint patrol, to keep out the foot and mouth disea~, or the animal diseases, the diseases of plants, t.or the enforcement of the quarantine law, for the protecti9n of the pul)llc health, for the protection of the Ct+Stoms service, and for the protection of Im.migration service, and for half a dozen other services. We ~ntend to have a combined control, and we intend, if we have the power, or if Members will see it as I see it, and will be able to get the Committee qn Appropriations to agree, to see to it that a border patrol, to enfbrce a dozen or

• 1924 CONGRESSIONAL RECORD-HOUSE 6673 more laws on the border, is eqJipped with automobiles, horses, even airplanes. We are thro gh with this surreptitious en­trance of aliens into the Unite States in violation of the laws of the United States, and the

1

wanton breaking of other laws on our land borders, north and) south. · [Applause.] Our com­mittee has given this a great tleal of time and thought. We have . :figured it at a million dopars. I ·say now that immigra­tion has been highly profitable to the Treasury of the United States. Everybody knows that.~ Our committee raised the head tax from $6 to $8. 'rhe poorly aid immigration inspectors are now begging for a chance to earn a little over-time money, paid to them indirectly by the kteamship companies. I believe such a provision is in the immi~~tion restriction bill now pend­ing in another body. We do itot think the principle is right. That is not the way the- United ~tates should pay its employees. We want this additional money

1 for more border help, and also

that when an immigration insnector in this service works for 20 hours at a stretch, as they frequently do at Ellis Island and elsewhere, they may have a decent lay-off even if they do not receive an extra dollar. But we want them properly and suffi­ciently paid. They are scrupulpusly honest, as a rule, against the most terrible temptations, as well as the most pitiful appeals that the human heart can utter. \ We want them properly paid, and their great services properly recognized, not only those at the great seaports but ull along tlle lano borders. [Applause.]

l\fr. MADDEN. Mr. Chairm~n. I am thoroughl:v in accord with the purpose of t1le amendnl.ent. ·I am for the· proposal in principle, as a diplomat would s*y, but I do not think we ought .to carry it out in this bill. I ~hink what we should do is to have the matter submitted to the Director of i:he Budget and have such an amount recommended for the employment of such force as may be require<l to accomplish the purpose indicated by the amendment, and then ha~e the appropliations submitted in an orderly way to the Committee on Appropriations. I give yon my word as Ohairman of the Committee on Appropriations thn.t the only object that I have in opposing this amendment now is thut we shall not do in a haphazard way, without full knowledge, what should be dont' with all the knowledge that can be acquired on the subje~t. I do not think that it is fair to the Treasury or fair to the House or fair to ourselves as individual Members of the Ho'1se to force an appropriation thnt -has not been asked by the! administration. What is the effect of that policy? To adoJ?t ~his policy and appropriate re­gardless of whether it has been requested or not means simply that we go to ·the country app:r°iving n pollcy that pays no re­gard 'Yhatever to the administration needs, and while the ad­ministration can say .that it is ec?nomical, and is conserving the Treasury and protecting the rigtlts o:( the t.axpayers, the House goes on record as saying that i does not care how conserva­tiYe the administration may be.

Mr. JOHNSON of Washington. Mr. Chairman, w111 the gE>ntleman ~·ield?

Mr. MADDEN. Yes. Mr. JOHNSON of Washington The establishment of a suf­

ficient nutrol on tlie northern and southern borders will bring in enough money in the way of 'egitlmate bead tax to make a Ye1·y considerable reduction in this particular million dollars which js asked for. The people \of the country will like that.

l\Ir. MADD~N. But I am no~ making an unreasonable re­quest. I do not deny that it would. I admit that it would · but while I am not denying an~ am admitting, I must assert that 've should act so as not to invite the condemnation of the country that 've are acting wit~out consideration upon great problems affecting the Treasury of the United States. I am also saying that as chairman of the Committee on Appropria­tions I shall give immediate cons deration to the problem when it is presented to us, and bring it in in an orderly way and protect the reputation of the Hou~e by doing so.

· Mr. BACON. Can the gentleman assure the House that he will bring it in during this session of Congress?

Mr. l\IADDEN. Absolutely ; if! it comes to us, we will bring it in within a w~ek after we get it. We never have delayed anything, and our committee does not shelve anything.

l\Ir. BACON. What assurance dan the gentleman give us that the Budget will act at this session of Congress?

1\lr. MADDEN. Oh, I do not ~, ntrol the Budget. .Mr. JOHNSON of Washington. But this is where ConO'ress

for once should rise above the Bu get. 0

Mr. MADDEN. But I say t is, that if the Secretary of Labor, who bas the administra~on of this law goes to the Budget he will get the recomm ndation of the' Budget, and what can the gentleman say as t the attitude of the Secretary of Labor? Does the gentleman s y that he is opposed to it?

I

Mr. GARNER of Texas. 'Mr. Chairman, will the· gentleman yield?

Mr. MADDEN. Yes. Mr. GARNER of Texas. Do I understand that it ls the

policy of the gentleman's committee not to consider the ad­visabllity of making an appropriation unless the Budget first makes an estimate?

Mr. MADDEN. Not at all. Mr. GARNER of Texas. T·hen it is not necessary for the

budgetarian to make an estimate before this is considered? Mr. MADDEN. No, it is not; but at the same time I think

it would be wiser. · l\fr. GARNER of Texas. Suppose the Budget does not make

an estimate; will the gentleman's committee consider the ques­tion?

Mr. MADDEN. Yes. We will ask the Secretary of Labor to come down before us.

Mr. GAR:J\TER of Texas. While I am on my feet, I now ask the gentleman whether he is in accord with the gentleman from Washington [Mr. JOHNSON] as to the advisability of consoli­dating these various activities on the border?

Mr. MADDEN. I am. Mr. GARNER of Texas. I happen to represent a district on

the border of New Mexico, and when ·you come to cross from l\1exico into the United States you run against about five or six fellows, and it looks to me as if the activities ought to be consolidated.

Mr. MADDEN. I have always said they should be consoli­dated. Now, we have as a matter of fact to-day looked out for quarantine, foot-and-mouth disease, plant diseases, and other diseases which we quarantine and fumigate at the border li1~e. as the gentleman from Texas knows.

Mr. HUDSON. Did I understand the gentleman to say the administration is not i~ favor of this? .

Mr. MADDEN. No ; I did not say tbat. Mr. HUDSON. I hope not. I think the administration bas

gone on record as being in favor of it. Mr. MADDEN. I said that I did not think it was fair to the

House to get the reputation of doing something the admillistru­tion might say it did not want, and then have the country sny that the House was ·extravagant while the administration was economical. That is what I said.

The CHAIRMAN. The time of the gentleman has expired. Mr. JOHNSON of Washington. I ask that the gentleman's

time be extended three minutes. The CHAIRMAN. The gentleman from Washington asks

unanimous consent that the time of the gentleman from Illinois be extended three minutes. Is . there objection? [After a pause.] The Chair hears none.

Mr. JOHNSON of Washington. Will the gentleman permit me to say this matter has been before the House Committee on Immigration and Naturalization over and over again. \Ve have studied it in detail. Only this morning we had the As­sistant Secretary of Labor before us, and also the Commissioner of Immigration, and we received some very strong statements as to what was happening on the border and as to the immediate necessity. We had these statements not only this year but last year and the year before that. We placed a border patrol bill on the House Calendar but we never got action in the House. It is a misfortune that the Committee on Immigration and Naturalization has never been a privileged committee. How­ever, the appeals are always made to our committee and we are obliged to listen. That is why we feel we should have some relief.

Mr. MADDEN. I would be glad, as the chairman of the Com­mittee on Appropriations, to reiterate what I have ah~eady said, and I hope the gentlemen here will let us have opportunity to make this study which we ought to have the opportunity to make.

Mr. MILLER of Washington. Does the gentleman · think there will be any great outburst of the American people if we have an appropriation for a proper border patrol against unde­sirable immigration? ·

Mr. MADDEN. No, I do not think so; but I say it should not be done here in this way.

Mr. OLIVER of Alabama. Mr. Chairman, I am sur~ no l\fember of this House will for a moment doubt the sincerity of any statement made by the chairman of the committee, :Mr. l\1ADDEN. He states be is in sympathy with increasing this appropriation to such an amount as may be found necessary to adequately protect our borders. He insists that opportunity should be given the committee to consider the amount of this appropriation more at length and to secure an estimate from the Budget. The inquiry submitted by the gentleman from

•

6674 CONG.RESSION AL RECORD-HOUSE: ' APRIL 18

~ r . Texas- [Mr. GARNER.] e:x;plains· the position taken. by the chair- see~. tQ- b~ agreed1 is 11equ~red., I fe~l fqure· ~he Ho\lSe will be man of the committee. As Mr. GARNER states, there are sevel1'al sat.Lsfied with what the· chairman of the committee later rep.orts, Government departments which maintain border guaras, and al1d l wish to sa.y that no-one is. more interested. i.n the matter the ch:lirmaiu. ef the eoounittee feels that these Govemment than I am, as, the llea:rings. will diSleh'lse. forces can be so £oordinated as t& give better :protectio.lll. ta- th4' Ur. RAKER.. Mr .. Chairman,. will the, gentleman yield the:i;e? bei-ders and at the same time probabcy reduce the number Mr. OLIVER. of Alabama. Yes. wllicll the House now feels should be provided thr.ough a Mr. RAKER, q~.;n the gentleman ten the committee how. th-e, $1,000,000 increase in this approplrlati@n. The subcommittee, chairman cmn get h0ld of this bill, even a supplemental bill,, ygu will find,. has w.ritten illtQ- the Ilea.rings very; fuU infol'ma- unless somebody outside has already gotten. busy with th~ tion for the guidance ot the House, and there can be· n<Y ques,. department and p.r~ctieally urged them to· make a supplemental tion but that this app:r@puiat~n should be itrcreased. estimate? Is not that true? The. cbailrman of the rommrlttee

Mr. RAKER. Will the gentleman yield right there1 will not act unless, the :Budget approves, it. Is that right?: l\Ir .. OLIVER of Alabama. Yes. J}.1r~ OLIVID.R @.fi .A.lab.a.ma.. The g-en.tleman need have no uu-Mr. RAKER. NotwithstanG..Lng the· w:rittlil.g ilL the· recOll"d of easiness- as to1 the: House }Jeing giveUJ an opportunity in the time:

these facts, is it not quite true that the Budget committee not indieat6!d by the gentleman from- Illinois [)Ir. MADDEN} to v;ote ha vin.g recommended. more than $3,300't000, there would. he vrac- foo: an i.R.erease· in this app:roPi'iation. · tically no possibility of the committee recommending moi-e? Mr. RAKER. Is it mot a fact that that can not be done- unless

Mr. OLlYER of Alabama. No-- pressm·e is now; brought by the chai.uman oi' the Committee· on Mr. RAKER. Things eho.nge-there h.a:ve been l*>me things Appropriations- 01a the Budget Bureau, :mul if thee Butlge.1i Bureau

changed in th~ la:st week in referen~e to· tllirs ma.ttlen. . soould turn it. dqwn. there is n6 way on earth to get this 1\fr. OLIVER of Alabama. 'I'he :facts dev.eloved by the Ap- matte1· back to Copgress, except oo. another biU? Th.at is right,

propriations Committee and which appear in thg )learings evl- is. it n-0t? d~ntly stimu1uted in.quiry b~ tlla Committee 011 ImmigJTation Mr. OLIVER of. Alabama~ That is exactly what the gentle..­a:wl led to the offering of the. amen.dment to. incl"ease the man from Illinois [Mr. l.\,lADDEN] intends to de, and this app:ro­appro_priation.. 'l'her~. see;.11 9, to b& ll0 doubt OD . tlil.e part 0:t priation Will be p,resented in 31 supplemental 0Hl. the Members ~esent ns. 1 ~ the necessity and :i.mpa11tance o£' }tlr. GARNER of Texas. l\fr~ Chairman, will tb.ei gentleman increasing this. appropriation, and the chairman o:ft the com-· yield there for a question? mittee, l\Ir. M.A.n.DIDN,, now 1r1.·omi~ to· go carefully into the Mr. OLIVER ot Alabama. Yes. matter within the next two weeks and re~Irt a supplemental: ~fr. GARNER of Te:x:as. I want t01 get 1clea.rly in my, mind bill car:rying the required ilac:rease, in. this a.ppropriatio:m.. the , vosition of the Committee Olil.. Approp,iriatiens. as to a neees-

1\Ir. RA.KER. Two yee.Jl's ag<> and last year tm, this. apl)ITO• sary avwopria.tion. You would :c.ot. hesitate. _to, make. a recom­priation did not the chairmaJJr and eertam Miembers 3.M)OOJI' mendat:Wn to the Irot1se for an appropria.ti-€>n that you th1;mght before the Committe& Ga .A.Bproprl.ations. am.d call: attention was ne.cessar;y, regard.'I.ess. of )Vhether the Budget Bureali made. to- this condition which existed. evea two- y.ears- ago and ai. an estimate or no.t1 year ago? . 1\-fr: OLIVER. of Alabama.. Certainly not ; and the gentleman

Mr. OLIVER. of Alabaima. I have na recotlretion of the will fl'.n.d that I discussed that v.ery matter on. yest'evday in con­parties you mention having a))pee:Fed befare tllle- subcommitt~ n~ctfon. with the penfilng ~ill.

:Mr .. RAKER.. And even say to tBe Qflitters, foarce them, to The CHAIR¥.AN,, The .time of the gentleman. from Alabama testify before the committee as to· the :li~ts. when they saidl has exp.ired. . . , they did not want t@ .testi:fy pecau.se the,- ,did not Wallllt to Mr. RAI\:ER. Mr., Chah:man,. I do not ot,:J.in,ari.ly ask foll' any be in conflict with. the rnle..t in r~garcil to. the Blldget? extra time;, but in order that I may as clearly. as l)E)ssi'ble pre·

l\Ir. OLIVER of Alabama. 'l'he ~ntleman is. no doubt cm:- sent this t0- the R-0u~ I ask u11&nim.ous. .consent that I may rect as. to any s~Di he makes of which J!le has: verS(i)Dal proceed !or 10 minutes. knowledg0y but t hai~e :rw r~ollection of' B.BY0)[& ha.vlng . at>· 'I'he CHAffiMAN. The gentleman. from California. asks· peared before our subcommittee on the snbjert. t& wb.1e.ll be, uliru.llmous consOO.t to p1·oceed for 10 minutes. ls there objec-ref ers: . ti on? , 1 •

. The CH.AIRMAN. '.rhe time of. th& genUemaa has, ~:x:ph'ed. 'lihere. was no objection .. Mr. OLIVER of Alabama. ~fay I. bavtl' three minutes? Mr. :RAKER.. ·Mr. Cha:i.irman. and m~m.bers of. the eommUtee, The OHAIRMAN. Is there o9jectioa1 [After a. pause.} . I have. li&tened to what the c.hairmaa °'the Committee on Ap-

Tb.e Chall: hears none. propriations has said, and I commend him fol' hla attitu~ iill Mr. OLIVER Qf. Al.aha.ma.. The gentlem&a. fl>om Caliiomia this matter. I know: it is not the mt.e.&tioD.. of M:embers- of the

seems to feel that the Budget Bu.rea.u is .oot :f!riewlly t8i :illcrea~ Hc:rnse to try fo do things other than in an orderly way, aud ing this a.pp;ropriation aJMl thinks for th-at' reasen it may be that they want to get results. difficult to. secure any infurmation fr.om. th& De))&:rtmenit of As the chairman of the. Committee gn Immtgrafion [Ml.\ Labo1·. Now, I reCQgnize that Government deyartm1!ats G0i feel . JOHNSON} has said', the Cbm.mtttee on Immigrat,ion. has hoo embaFrassea allout givmg testimo:ny. looJ...'i.Dg to- 8dJ i.Jl.cre&se- in these' matters f>t'0ught to fts. attention for a rimn.Qer of years, the amounts recommended b:y; the Budget, but. the· bearings oo am:l it l'ra.s- been stated to us tl'l.at we collect more from thqse this bill ~close that; in. JiespoD.se to inquiries b:om member.& wll<>- eome- 1n than we pay for th~ entorcewent of the immigra­of the subeommittee. re~e~ttv:es :Uom the1 Deputme:at of tion: laws. That b1 true. Labor have testified as to. Uie neeessity fol'! lncreasWg; the a:ppro- n .lt~S' been demonstrated by test!mony tb.at. the official's have priation, and: the chailrman. ef the committee, .11.ow only mgks, been tm11b1e to adminfster the imm1grafion laws on the bo.rders for an opportunUy to. b.avei this. matte11 submitted. to the beeatrse of a lack of money an<f a sulikient number of guar<lS,. Budget :io.r an. estimate. He p:rwmises to brilo.g bQtt a . bi:H Mr. 'V ArLE'. Will the gentiema;n yield?' providing an increase in this appropriation within the nm;t two• NII-. RAKER Yes: weeks and the. ~s0 ca.ni then. tlake- suela. action thereo.a as It Mr. VAILE. Tli~ gentleman does not mean tllat the. guards deems proper. The gentleman. f:rem Illinois- [M-r. .. ~N]l wlro havei been there have failed' to perform their duties in any; will carry out hiB- prontlse. am.d will tn 8iD Ol!de!'ly: way present wa:y?

1

to the How;e a bill carrying the oocessacy iimcrense~ Mr. R~KE:rt. 1No; the. di:filculty is. in the lack of a sWRctenti.. Mr. MADDEN. I will be delighted to. number of guards a:na patrormen.,. but the effi.ce lletp. · i:12 these Mr. OLIVER of Alabam& W.e knQw. the ]i).lirpoBe> me: chm-· vmous stations is' sufficient~ guards and patrolmen are wha:t.

man bas. in mind, and I think the- lilO\lSle" should grant his! we need. You must remember that the. so.uthei:11.r or M.exican, request, since it may be that he. ean ~W"e- Hcl!l: eo~eratiou bQ?der hair an erlent of' S'Ome 2,000 mtles, and it is something, between the different Government forces aff to· make unneces-- over- that 0n the northern, or Canadian, border. SM'~ the large inc1~ase now 8lSJied. fo1". The demam:l--fllegally-to errt:e:r the .United States has been

Mr. JOHNSON of Washington. Mr_ €Jha1rman, will tlle much! i'acrea-sedl since the existence o:t tb.e restriction laws gentlemau yielct? during the last two years and a: half.

Mr. OLIVER @1: Alabama. Y~ The testimanyl flef-Ore tlie eomrnittee shows that a large per-lUr. JOHNSON of Washington. Wil1 this result tn tae dis- centage of those wh& are- eomi'ng across· the fio:tder· surrepti­

tinguished ch.a.il'IIlan. of the· Cemm:Lttee- on Appn>priatlons mft:k.- tiously are those who have· entered' Mexico from foreign coun­lng. a request ns coming from the· H0111Be ot Representatives 1 tries, aoo 1JhE! same is tiiue ~ those who go t<> Canada from asking the Buaget aiuthori:t:les to dO' this,. or· does he: knO'w f<HJeign. oountries> and then eomei over to tbe U:nited Sfates bow it wil1 be, don~? i illegally,. f'on wan.tot a pttoper and sllfficfent fbrcEJ to cope- with:

Mr. OLIVER of Alabama. 'l'he chairmam., will flnw the pniper . the· wo-rk: alml.g and cm these extended; oordei"s. Tl1at i:s mude .way w secure &n estimate from the Budg,et, and! to presen.t. by possiboo beca.nse- there is no one· !:rt the· borders t& prevent them supplemental bill an increase in this appropriation, which all from coming across or to apprehend them.

•

1.924 OONG~IDNALREOOltD-HOUSE

· Mr. OOX. WilJ the genu.Jnan !Yield2 -- -·- ....... ~ • .. ,._ · - emeted b.ePQ, but 41.ad never bail IXIl OJJPDr.tnntt~ oo ~l'MB itself .Mr. RA.KER. ¥es. I ·Fiel4 te .the gentleman. in 1the House. MI!. IlOX. ls Jt not tI.•ue tha;t that condition has -p»evall£d . .iM:c. R..t...NlrllN. Will it.be ·gentleman yield?

for .some yea:i:s and that the reml:y dMier.ence :is that llllOOe .l'eceetJ.y ltlr. R&KElt. .[n jwrt one moment. it ·has .been gi;C1Wing ·w.orse? I tW:tt!h 'refettenoe '00 :the literacy rtest, gentlemen, ·-i •am not going

Mr. :RAKER. Y.es. ,._,hat J.i:; the fact. oo cl'litiob.1e tthat. · 'The •record sbows tlrat there were r{)S,008 Mr. BOX. .An'1 is Jrt not ~o ti'ue that &tr .committee re.. who JW10re -almitmd legally iand eKaniinations were he1d J:.et

ported a bill -some two or tlu.Tee wears iag.c> BN wlrleh we tried ii\, me ttlelil you what 'IDl •efticer t61.d 11he ctmmlittee 1this morning. remedy that situation? ~ It is in writing, and we will be able to pre;;ent it tto iyou as BQPn

Mr. RAKER. Yes. But w were unable ta get actien on dt, as we harve it ~rinted. because ·~ere ~as no leg.islati e way to ·get it ·~~one th~ lilo~e. This gentleman stated that these fellows were trtcky and Other. leg1slat10n crowded it out. Th~t conditl?n is ~ow.ing Bo ·fo-ry "'fhat-a card was given to them, 1iDd while he ·was advised more mtense .all the time, and 0the c?mmittee f?It 1t Wll.S its d~ty 1!hey cotild not Tead, when they -C'ame "UP to the lmmigra.tiun to present the .m.a.tt-er to th4 vaiaous -oommittees .anGl to .the official and presented the card they read the statement that House, and this seemed to ~ our only oppommrltw 'bi> do it they 'h1td committed ·to memocy and crossed the 'border, and I legitimately. We now hav~ fhe oppor.tunity.. Jt is .here, e;nd would "Wager almost anything 't:lrat praetieally 90 per cent of now we should .110.t .Jet i:his tcbance pass with.out .affirmative the 63 000 have been brought across in that way by these action. . l . agents,' who ·a"Te ·receiving money 'from the people on this -side

Now, a pai't ·of tlns samettestim<my w.as taken bef0re tbe Com- ta bring them across. He stated to ·the committee and pre-mittee on .AJI>propriati~ns. I . gented to the committee ~worn evidence -this maming that

Mr. MADDEN. W.i1l ~e gentleman yield1? $1;000,000 would place ·460 gua1•ds--M.r. RAKER. Y.es; I y.ield to the ~entleman. . Mr. VAIL'ID. Faur ·hunared and sixty gm;irds? Mr. MADDEN. Of course, the Ho.use ought to -rerulize that Mr. -R:A.'KER. 'Yes· 460 ·guards on ·botll l99Tders.

the Immigration ·service enfoircement is onl_y one thing lfor ".Mr. v AI1LE. 'That' is 230 -on eaeh border'? which m.ones 'Will be needed.' Mr. RAKER. Yes; and would then 'leave ~rn:mgh ·money ifftr

Mr. RAKER. Oh, yes; that is a fact. . the ·rest .(ff the ai'lministro:tion, inclucllng vehicles and so forth, Mr. MA.DD.EN. !I have a l~~W:r tfirom .the !Secretai.w ef State and be ;felt reasomiMy eerta.Tn that there would be an ·oppol'­

ln whdch he iset-s .aut the lfacl ·~~at i:h.ey 'Will .hftv.e to .ha,ve money tunity ithen to -enforcce t!he 1aw •as it ought 'ta be. These ofaetl!I as the (l"esult of cthe roll -w.-e hle ju-st _passed. are all before 'US. We have been werking and 'Struggling on

Mr. RAKER. I think so. lt is quite ~eutru.in we will .need tbese matters befme our •C61Ilmittee, and I want to call your ~rune m0.l"e moo-er 1'ar that a> poee. But. it ~ill pay .for 11tself attention to-dtl.y to t!he 'fact tt:hat when we were consi~ering m the fees we 'Willi ·collect .by the new leg~at1on. . the 'immigratien bill the other da-y ;you aSked why we did nut

Mr. MAIIDEN. .And, of -eOOrse, we will have to be gettmg keep ·out the Mexicans and we said ilha:t they could nm come ready to appropriate that money, and it ou.ght to be done Bit irn ·now for ·tlhree reasons, namely, they can n(')t rcead .; second, once and i.D. an order~y way. I ~hat is .too .reason :Why I have they can not pay the head tax, -and tthird, 'Beyond ·an ('!Uestion askied to postpone -0.c.tion a.nd g.Ive us .an -o:pportunity to ase.e.r- 90 per cent of .that bunch come in as eontract laborers. tain what ought to be done. . !Here <is an oppo.rtuntt:v for yo11 to be1p to keep 1ont the Mexi·

.Mr. RAKER. Now~ .g~ntlemen, iC .made .a statement on the ean >by .p1acing in the bill a 'SUfficient amount of •nH>»eY ·to hiYe floor of the House the other J}ay, and one of the l\Iembers---.I the number e'f gue.Tds th-at rtbe Secretary <if. l.Jabor, 11\e Dom· am glad .he did lt-wrote to 1P:e department to see whet~er or missioner of Immigration, am.a ·ar1 1:he •other officials say they, not my statement w~s cor:r~tt. The matter ~pears ~ the <ooed and ,0 ught ·to harve, a:nd fhey also •state it they •get tllem RECORD, and the department hf,s admitted that .. it is ,practica1ly tlley call ien.'ferce ·t:Jl.re :ie.w. tJ;ie fact. But when y:ou rea the statement ~~ shews tllat 1 Mr. MAcU\ill'FEJlTY. wm the gentl~man yield'? did, n~t half state the facts as strong as they exist. . Mr. RARER. Y-es. - .

1:he ..records ~ow before th~ House .sho;v th_at five ~1.-ines as Mr . . MAcLAFF'ERTY. 'Did not the ·gentleman ·heaT the man! men are iTiegaJly c~oss~g the .Mexican ·borde.r than .. ar~ ctui-irmnn ·of tbe great Apfn.'OJ>i;iatitms 4Committee 'Offer ns an admitted legally. There is n question but tl~t from 75 per objection to the immigration bill the fact filmt we were allawing. cent to ·90 per cent of tbose. o c1:oss tbe .Mexican borCle:r are i!he Mex1c-Mts ·to -come in? i1hterates, and that they are · able to pay the hea~ tax. ~ Mr. RAKER. Oh, I love the chairman of that committee. addition to that the contract labor law has been vio.1ated m He is an honora~le man--practically ·90 per cent of the ~a~es. . . . ·M,_. MA.CL.AF.FERTY That is not 1'.he question. I love 'him

The testimoey before the cmrumttee this morrung, as grven by _ · · • tbe Commissioner of -Jmmigra~ian and tile Assistant Secretary too'. . . . . a of Labor, was to .this effect: bat they know of men in these Mr. RAKE?-t. You 'heard what. he ~id. He is a :fine oen· various towns on the borcler . nose buSiness it is -:to get · these tlem.an, and is an ~ble man, and is trymg to de .what he can, men across ·the border. They know -t:hat agents from a'll over but he c3:n ?JOt do it all. We bav_e the _ Qpportumty now. We the United States seekjng e'heap labor .a-re in those communities have got it m our cont~ol as _Amer1can Congres~. ~~have and th~y know that these agents cross the line and :that these t~e .f.ac~ before us, an~ let ~s J>llt the maney m the bill and Mexicruts are 'brought across .rttm 'border. 'l'he_y 1ITe .satisfied give this great Labor Depa.:i:tm~t an opportunity to .enforce tll:e ·contract labor law is viola~ed, but 'they nave not the ·money th_e law as they .aught to en'fo_:~ 1~. nor the men with which to nrake investigations, arres~, and Mr .. HUDSPETH. Mr.. Chanman, .I u1Ier an amendment to convict the :padrones who ar~ 'bri.Qging in these MeXicans to the amendment. . talre the :places of American citizens. The 011~.A.._~. The ,gen~leman fi'Om Texas offers .an

M-r. 'V AILID. And if tlle ge~em.an wlll :pardon -m:e, not only amendment whiclil fhe Clerk .:will report. Mexicans but .aliens from all over 'Europe are comiQg across The Ulerk read as foll<lWS : the ·.borCJ.er in charge Of these e ·perSOllS. .iMnendment alfeped iby It.LT. :HIJDSP.m'll fo ·.the :amsm1ment ·offe1-ed by ·

Mr. JOHNSON o'f Washingtarl. 'Under advertisements in '.for- i'.Ml\ .;roHNSON of Washington: :Strike -out "1$4iBOO;ooo" and inset:tt eign news_papers .ln foreign countries that they will be CJ.elive1·e<'l Jn flien tbe.reO'f "$4,oOO;OOO.". into this country!

Mr. RAKER. Yes~ both statements are correct. "This ap- Yr. HUDSPETH. Mr.. Chairman and gentlemen of the ieom-plies to the Canadia!t as well Jljs the Mexican border. mittee, 1:hls ii.nc.Fease Jn the appropri.Bition as proviOed in the

'l\ir. MAcLAFFERTY. Not on1y that, but from .T~pan an.d bill by .tll.e committee wm not cost the Treasury one dollar. China. I :The testimony i.n the hea:tings is .that there is over -$4,800,000

· r!vfr. RA.KER. •I say i!O mu.~ about that -:that I do :not want collected .from head taxes, .fines, and so forth. 'Ilhe testimoey, to be .consider.ed '8. 1orank, but tak~ ·them oa'll in. 'The -gerrtJle- further .shows by .Mr. :Husband, Dilrector .Gene~al ef Immi~a· man from California (Mr. MA LAFFERTY] is eminently eur1rect tion, and l think .a ver'5 efficient one, tha:t on the .border be­in w.lla:tlhe has said. We must et. Get"the:men on these :tmrders tween the United States .and the :Repubti.c of Mexico to patrol wbo ihave conrnge e.ru!l :sta.min~ >11nd you wi!ll see ihow quick >tbi.tr a border of over 3,000 .mil.es-bow ma.qy inspectors .do you genera1 stream across :the •b<:>Ttlere wiJ.!J. -stop or ai: teast wtll be gentlemen imagine patrol that border? SI.x.ty-d:o.ur. negf.llgi'ble. It is t-0 the credit .·of this House, to the ·c11edit ·(lf Mr .. J.OHNSON of W.ashington. Sixty-one. ·Th.ere hav-e been tile Senate, ·and to ·the ~edit of ·.the American -people that it three killed in the last iew week-s.

of ·this H~use ·an oppo1ltnnity o vote, ·and when "We did gt'!t a !Mr. HUDSPETH. Y.es. Three were killed in enf<Jreing the seems that after some 14 year;:e are able to get on rthe :flonr Mr. BACON. The.re .are only 6-1 .now. ll:'heve were 65.

cba:noo to "Vote ·we bad 1the A: rican spirit that has ialwa\YB p-.ohll:>ition law. ~hey ·;lre iengn.ged in enfor.cing rthe immigi;a-

6676 OONGRESSION AL RECORD-HOUSE 'APRIL 18

Hon law, in enforcing the prohibition law, and Mr. Husband say: that his men cooperate with the customs officials in pre­veuting smuggling, with the prohibition enforcement officers, nnu with tlle men who enforce the law against the illegal sale of na1·cotics on the border. The number should be in­crease(] and also the salary of those now in the employ of the Immigration Department should be increased. Likewise the .salury of Puhlic Health employees who cooperate with them should be increased.

)fr. WHITE of Kansas. Will the gentleman yield? · Mr. HUDSPETH. Yes.

Mr. WHITE of Kansas. Taking tlle course of the Rio Grande from tl1e Gulf to the Pacific Ocean there is one patrol to 33 miles.

Mr. HUDSPETH. I would figure something like that. l\Ir. \VHTTE of Kansas. And there is a chance for them

to come oyer every 3 feet. l\lr. HUDSPETH. Yes. Kow, if you gentlemen know the

topogrnphy of a great portion of this border, where it is so rt•ugh that a billy goat could not climb some of the hills with­ou t the aid of an airship, woul<l you expect 61 men to patrol tbu t border? Let me say that while I do not want a Mexican to come in illegally, Mr. Husband says that many Chinese ancl Ja11a11t> ·e came iuto the country surreptitiously from Canada aud :Mexico during the last year.

Mr. IlA..KEU. ::.Ur. Husbanu testified before the committee that there were seyeral thousands of them came over the borders from Europe--lancleu in :Mexico and came across.

::\Ir. HUD:sPETH. Yes; and. over the Canadian border they come in. :Now, I want to state that my friend from Alabama (1\11-. 0Ltvrn], who has taken a splendid interest in this matter, as the hearings disclose, said that they discussed this matter la~;t :reur, auu I had a bill before the Immigration Committee a~kiug- $;:!00.000 to increase the immigration patrol on the Mexican and Canadian borders.

:\lr. JOHN~O~ of Washington. It died on the calendar. i\fr. HUDSPETH. At any rate, it was not passed. I do not

wunt a single Mexican to come across the border illegally. I wunt liim to come across in the regular legal way. I do not care whether he is a "wet back," a "gray back," or what kind of a back. I want him to show his back-and all others who come-to the immigration inspectors at the port of entry; and if the law permit·, admit him. That is why we are asking for thi-: nvpropriatiou. If the friends of this amendment are will­ing to refer the matter back ta the Appropriations Committee, I <'an not prevent it; but I am going to vote for it if it comes het.ire the How~e to-night.

l'1r. MADDEN'. Will the gentleman allow me to make a sug­gestion?

1\It·. HUDSPETH. I will yleld to tlle gentleman. The CHAIID1AN. The time of the gentleman from '.rexas

has t>xpired. ~Ir. l\.IADIJEX I ask unanimous consent the gentleman may

ha v three minutes more. The CHAIRM.AX. fa there objection? There wn!'-l no objection. ~fr. HlTD~PETH. I will yield to the gentleman. I ~lr. l\lADDEN. The Secretary of State has indicated in a

lettel· to me that he will need money in connecti-0n with the eniorcement of the. immigration law. There will be a good many things in connection \\ith that law for which money will be rn:•et1e1l. It is a matte1· that is referred to the Committee on Approprintiom~, and the committee will b~ able to coordinate the npproprinti•m:,;, nnd they will also be able to ascertain what compensation is g-0ing to he paid for th~ different classes of work that is to be entered uvon. ·whereas if we put this money iuto the bill now without auy restriction, the department can u..;e it for auy purpose it sees fit, for anything they like to pay, or anything that they waut to do. There will be no restriction in the use of the money, and it is not a business proposition. There will be no delay if the matter goes to the Committee on Appropriations, I will assure the gentleman. The only reason vhy I would like to have it go there at all is not that I care

al.>out the work but I simply <lo want to conserve the different inte1·e8ts of the country by conserving the Treasury to the ext'ent that it can be done without doing any injustice.

Mr. HUDSPETH. I do not question the gentleman's sincerity in his Rtatement. I say if the friends of this amendment want tu refer it hack I probably can not prevent; but if you want to vote on it this evening, I shall record my vote in favor of the amendment. This matter has been delayed too long.

. Mr. MADDEN. It has not been before us. Mr. HUDSPETH. No; but there have been many bills in­

troclu<'ed in Congress asking for similar appropriations to keep out undesirable poople. Now, do not delay it any longer. Mr.

Husband said, 1n answer to the gentleman from Alabama [Mr. OLIVER], who asked if the appropriation of the additional sum were made if it could be used and made immediately available, said absolutely yes; he could put the force into effect at once. If these statements are to be believed-and I do believe them by such men as ~r. Husband, who, as I have said, has made a good record as Director General of Immigration-then the mat­ter should not be delayed longer, because they are coming sur­reptitiously over the borders, and we do not want them to do so any longer. [Applause.]

The CHAIRMAN. 'rhe time of the gentleman frem Texas has expired.

Mr. OLIVER of Alabama. Mr. Chairman, I ask unanimous consent that the gentleman have one minute more.

The CHAIRMAN. Is there objection? There was no objection. · Mr. OLIVER of Alabama. I asked the question which the

gentleman read for this reason: If the House at this time de­sires to increase this amount by $1,000,000 over and above what is carried in the bill, it is important that we make it immediately available. Why? Because the very thing that we seek to protect ancl gum·d against is now occurring every day. . .

l\ir. HUDSPETH. Absolutely. l\1r. OLIVEH. of Alabama. Because of the lack of funds; and

if we justify an increase we can not j'Ustify a delay in making the money. aYailable.

l\1r. HUDSPE'.rH. Certainly. If the committee does not adopt my amendment, I will cheerfully support the Johnson amendment. What I declare, Mr. Chairman and gentlemen, is that I am in favor of increasing the appropriation to an amount as will enable the Commissioner of Immigration to put an adequate force on '1.11 the borders that will keep out every person who is not entitled to enter this country through legal chanuels. [Applause.]

Mr. SHREVE. Mr. Chairman, I move that all debate upon the pen<Ung pnragraph and all amendments thereto close in five minutes. [Cries of "Vote!"]

Mr. SABATH. Mr. Chairman, I would like to have five minutes.

The CHAIRMAN. The gentleman from Pennsylvania moves that all debate .on the paragraph and all amendments thereto close in five minutes.

Mr. SABATH. Mr. Chairman, I would like to be heard for five minutes.

Mr. SHREVE. Mr. Obairrnan, we must finish this bill to­night.

Mr. SABATH. I have not been taking up any time. I am entitled to five minutes, ancl the g~ntleman will lose more time than five minutes.

l\fr. JOHNSON of Washington. I suggest that the gentleman make it eight minutes.

Mr. SHREVE. Mr. Chairman, I modify my motion to make it 10 minutes.

The CHAIRMAN. The question is on· the m'otion of the gentleman from Pennsylvania that all debate upon the para­graph and all amendments thereto close in 10 minutes.

The motion was agreed to. l\fr. SABATH. l\Ir. Chairman and gentlemen of tl).e com­

mittee, I have the utmost confidence in my colleague, the chair­man of the Committee on Appropriations, and I know that be is sincere and wants to do the right thing; also that it is his duty to safeguard the Treasury. I q,!so have confidence in tl1e Budget Committee. but I know that the Immigration Com­mittee has thoroughly investigated this matter and has a great deal more information than that committee. I am in favor of this amendment because I know from the information given before the Committee on Immigration, and the knowledge I possess as to conditions on these borders, that this appropria­tion is necessary. I am not going to repeat the many condi­tions anu reasons that warrant it, but aU I desire is to read to you an article from yesterday's edition of the Chicago Tribune:

BUDAPEST, llungary, Apl"il 16.-Emigrants in eastern Europe arc now being taught to slip into the United States via the Canadian frontier.

Foreign shipping companies have just commenced a campaign to advertise Canada to Budapest, Bucharest, Belgrade, Warsaw, Danzig, Athens, and other big immigration centers and the unofficial word ls being passed along that emigrants who can not get themselves included in the American quota will have no difficulty in entering the United States from Canada .

"The frontier is not guarded and all you will have to do to reach the United States is to walk across," runners of these steamship agents tell prospective emigrants.

1924 CONGRESSIONAL RECORD-· HOUSE 6677

From what has been stated on the floor about the Mexican border applie.'3, beyond doubt, to the Canadian border. The report that I have read from the Chicago Tribune clearly jus­tifies the charges I have repeatedly made against the British steamship lines. Not only have I charged the British steam­ship lines as to these practices but in the last several years I hu.-e called the attention of the Department of State, the De­partment of Labor, and the Bureau of Immigration to the methods employed in circumventing our immigration and in­spection laws. However, nothing has been done to stop this practice. Within a few months the new restrictive immigration law will go into effect, and unless we will pro~rly man our borders I am satisfied that the thousands that will be unloaded by these steamship companies in Canada and Mexico will en­dca vor to find their way into this country. As you all know, I have opposed the discriminatory immigration. bill to the best of my ability, not because I do not believe in restriction but because it was a discriminatory measure-. Desirous as I was to rnak-e the bill more liberal and humane, on the other hand I am just as anxi<ms and desirous to prevent surreptitious and ille-,,;al entry. If tlley can not come in legally, they surely can not come in illegally. It is for that reason that I favor the appropriation that will increase the border patrol, and m that way put a stop to the. profitable smuggling on the M.e:sica.n bor­de1' as well as on the Canadian border. Not only that, but we should go on record to serve notice on the English steamship companies that we will not tolerate this deceitful and inhuman practice on their part, which not only tah.'"es udvantage of the poor immigrant but of our friendliness. I am ai:,oninst the ille­gal entry of anyone, whether he be a :Mexican, a Canadian, a Chinaman, or a Japanese. I think the laws should be en­forced, and the sooner we put a. stop to this illegal practice tbe better it will be for our country. I think we ought tQ a.et now, :mu I hope the proposed amendment will be adopted.

1\Ir. BOX rose. The CH.ATRl\lAJ.~. Does the gentleman from Pennsylvania

desire recognition? • Mr. SHREVE. I yield to the gentleman from ·Texas [Mr.

Box]. ~fr. BOX. Mr. Chairman, I want the House to proceed in an

ord~rly way, but I also want sometlling done now. .A.s a member o.l the Committee on Immigration and .... :raturalization, I know that that committee has dealt with this troublesome question a.n<l worried over it for four or five years. We reported a bill to the House recommending the establishment of an additional border· force. Advices coming to us show that from three to five times as many men as come through the ports, come in as smugglers. ::llany of those coming through the ports come illegally, in violation of the literacy, contract labor, and other restriction tests. It is a standing di&gaee. rt is a dishonor to the United States to have its laws trampled under foot as is now done on the Mexican border and on the Canadian border. :Many of those entering are not natives <>f Canada or of Mexico, and many are. Great numbers are vicious and undesirable from eTery standpoint. It is intimated from official sources that Emma Goldman has recently entered in that way. What I say of the coming of dangerous numbers and undesirable charac­ters may be true to. the same extent of the Canadian border but I have less information about that. .A. great many un: clesirable Europeans excluded by o_ur laws are comino- in and speaking and acting contemptuously. They came in disregard of the law and doubtless have less respect for our law because of tlleir ability to treat it with contempt in entering. Congress ought to take early action; we ought to act now.

The CH.A.IRMA...~. The question is on agreeing to the amend­ment to the amendment offered by the gentleman from Texas to the amendmait of the gentleman from Waslrington.

The question was- taken ; and on a division (demanded by Mr. HUDSPETH) there were--ayes 35, noes 31.

Mr. MADDEN. Mr. Chairman, I ask for tellers. Tellers were ordered. The committee again divided; and the tellers (Mr. MADDEN

and Mr. HUDSPETH) reported that there were--ayes 72, noes 58. So the amendment to the amendment was agreed to. The CHAIRMAN. The question is on the amendment as

amended. The q_uestion. was taken,. and the amendment as amended was

agreed to. Mr. JOHNSON of Washington. ~fr. Chairman, I wish to

offer an amendment, which I send to the Cle:r:k's desk. The CHA.ffiMAN. The Clei:k will i·epo:rt the amendment. The Clerk read as follows: Page 88, line 6, strike ont th~ fi~1res 0 $12,000" and insert in lien

th.ereo:f' " $60,000," ·and in line 8, strike out tb0 period a.nd insert in

lieu thereof a comma and the following : "Pro·vided further, That not more than $38,000 of this amount shall be expended for the purchase and maintenance of motor vehicles for additional land border patrol."

The CHAIRMAN. Debate on this paragraph and all amend­ments thereto is limited to 10 minutes, 5 of which have been consumed. ·

l\fr. JOHNSON of Washington.. Mr. Chairman, all I want to say is that having appropriated the larger sum, tbLs provides for a certain proportionate distribution--

Mr. 1\IADDE.N. 1\Ir. Chairman, I make a point of- order against the amendment that it is legislation.

Mr. JOHNSON of Washington. I ·do not think it is legis­lation.

Ur. BOX. Mr. Chairman, I make the point of order that the amendment has been discussed.

The CHAIRl\f.A.N. The gentleman from Washington has de­bated the amendment.

:arr. M.ADDEN. l\lr. Chairman, I was on my feet waiting to make a point of or<Ier against it. The gentleman did not make_ a speech. I do not think it is fair to me to cut me out of my right to make a point of order if it is subject to a point of order.

:rhe CHAIRMAN. The Chair certainly would be the lust one to deprive the gentleman of the right to make a. point of order.

Ur. JOHNSON of Washington.. I have no desire to say anything further, but it strikes me that if a certain sum is ap­propriated with a limit of $12,009 to be spent for automobiles, and, knowing the territory we have to cover we appropriate a larger sum, it is clearly in our right to increase l)roportion­ately the use of automobiles.

~Ir. MADDI11N. I want to see- wheth1:!r it is subject to the point of order. I would like to have the amendment again reported.

The CHA.illl\IA.i.~. Without objection the amendment will be n.ga.in reported ..

Th.ere was no objection~ The amendment was again reported. MT. MADDEN. That is all right, it is not subject to the

point of order. The CHAIU:MAN. The question is on agreeing to the a;mern1·

ment. The question was taken, and. the amendment was agreed to. The C""'lerk read as follows :

LlBHGRAT:ION STATIO:YS

For remodeling, l'{lpairing (1nclmling repllirs to the ferryboat, E11i8 Island), remodeling buildin~, and purchase of equipment, $100,000.

l\Ir. SHREVE. Mr. Chai.rm~ I offer an amendment. The CHAIRMAN. The Clerk will report the amendment. 'l:lie Clerk read as follows: Amendment by Mr. SHBEVD: Page 88, line- 11, strike- out the word

" rem.odcling " and insert in lien thei'eOf the word " renovating."

The question was taken, and the amen.dment was agreed to. The Clerk r:ead as follows : ~neral exp-ensces: For compensation, to be fixed by the Secretary

of Lab(Jr, of examiners, interpreters, clerks, and stenographern, for the purpose of carrying on the work of the Bureau of Naturalization, provided for by the act approved June 29, 1906, as amended try the act approved March 4, 1913 (Stat. L. vol. 37, p. 736), and May 9, 1918 (Stat. L. vol. 40, pp. 542-548, ill.elusive), including not to ex-ceed $52,000 fOr personal services in the District of Columbia, and for their actual and necessary traveling expenses while absent from their official s1.atlona, including street-car fare on official business at offi.eial sta­tions, together with per diem ill lieu. of subsistence, when all()wed pursuant to section 13 of the sundry civil appropriation act approved August 1, 1914, and for such per diem togetlier with actual necessary ti.:aveling expenses of officers and employees of the Bureau of Natural~ ization in Washington while absent on official duty outside- of the District of Colrunbia.; telegrams, vt>l'ifl.cations of legal papers, tele­phone- service ilL ofilces outside of the Distrld of Columl>ia ; not to exceed $20,000 for rent of offices outside ot, the District of Columbia whet~ suitable quarters can not be obta?fied in public buildings; carrying into effect section l3 of the net of June 29, 1906 (34 Stat p-. 600), as amended by the act a-pproved June 25, l!HO (36 Stat. p. 7G5), and in accordance with the provisions of the sundry civil act of June. 12., 191 T; a:nd for mileage and. fees to witnesses sub­prenaed on be:h.alf of the United States, the expenditures from this appropriation shall be made in the manner and under such r~gulation as the- Secretary o:I.' Labor may prescribe, $5t:T1,lJ60 : Prot}ided, That no part of this appropriation shall be available fur the compensation of assistants to clerks o:f United States courts.

6678 CONGRESSIONAL RECORD-HOUSE APRIL 18

1\Ir. CABLE. l\Ir. Chairman, I offer an amendment. The CHAIRMAN. The Clerk will report the amendment. The Clerk read as follows: Page 89, line 23, after the word "prescribed," strike out "$561,-

5GO," and insert in lieu thereof "$600,000."

1\IAKINO C'ITlZE~S DURING PEACE TIME ANO WAR-A STIRRING lNCIDE~T FROM THE HISTORY OF THE THIRTY-SEVENTII DIVISIOS

l\Ir. CABLE. 1\Ir. Chairman-.A.liens are made citizens at the rate of 15 a minute.

These headlines appeared in the New York Times last month. ·

'l'he selection of our future citizens is a problem entitled to serious consideration, because it carries with it not only cer­tain obligations but the right of participating in our Govern­ment and of determining its future policies as well as protec­tion at home or abroad. It should be accompanied by a digni­fied ceremony to properly impress the aliens who are received as citizens as well as serving as a reminder to those who al­ready have the great rights granted by our Constitution.

How is citizenship in this great country acquired? It is determined by Federal law only. An alien may file his

declaration of intention on the day of his arrival, but he must have resided within the United States continuously for five years prior to filing his petition for naturalization, the last year of which must have been continuously within the ~tate in which be applies for citizenship.

Prior to filing his petition a preliminary application must be sent in to the chief examiner for the Bureau of Naturaliza­tion. On a date named the applicant with two witnesses appear at the office of the clerk of courts, where the Federal examiner questions the applicant and the witnesses. The alien must be able to speak English and sign his name in English. He must have a knowledge of our form of government, of our Constitution, our history and ideals, and a knowledge of local civic affairs. Residence outside the State may be shown by a <leposition, but his residence within the State must be proven by actual witnesses.

If the examiner is satisfied that the applicant can qualify before the court, the petition is filed with the clerk and the alien's name is posted for 90 days. At the end of this time the final examination is held in open court and if,. in the opinion of the judge, the applicant is qualified, he raises his right hand. renounces allegiance to his foreign ruler, and takes the oath of allegiance to the United States.

All children under 21 years of age and residing within the United States on the date of the parents' naturalization auto­matically become citizens of this ~ountry. By the act of September 22, 1922, commonly known as the Cable Act, women were granted independent citizenship. Alien women are now receiving the same attention and education as men and are be­coming citizens independent of their husbands. An alien woman, however, whose husband is an American citizen, need not file her declaration, and only one year's residence instead of five is necessary.

Of ·the 14,000,000 foreign born in the United States less than half are naturalized. There are 2,000 State courts and 200 United States courts where hearings are held in naturalization proceedings. During the fiscal year ending June 30, 1D23, 169,968 petitions were finally disposed of, of which number 145,084 were admitted to citizenship and 24,884 denied for vari­ous reasons.

Mr. NEWTON of l\Iinnesota. What reason bas the <'om­mittee given for the cut from the appropriation for the current year?

l\1r. CABLE. There is absolutely no reason given, and ac­cording to the record of the hearings before the Committee on Appropriations, Mr. Crist, Chief of tlle Bureau of Naturaliza­tion, said th~ service is now undermanned. l\1y reason for the amendment is because of congested conditions, particularly in the State of Ohio, in naturalization work. Reports from large industrial centers of the State show unprecedented increases in declarations for citizenship. This is particularly true at Cleveland, Akron, Youngstown, and Toledo. l\fy idea is that the acquisition of cit!enship should be only by those thor­oughly qualified, and unless proper examination may be made by the Federal examiners and their assistants the process of citizenship will not be as thorough as it should be.

l\Ir. RAKER. Will the gentleman tell the House that they are practically omitting tbe detailed examinations now and are putting men through by simply taking down a few words and " shooting " them into court? They naturalize them at the rate of 90 an hour.

l\lr. CABLE. Up in New York, I understand, they naturalize them at the rate of 15 a minute.

l\Ir. Raymond T. Crist, of Washington, is the Chief of the Bureau of Naturalization, and is well qualified for the position. He is entitled to the whole-hearted support of the 1\Iembers of Congress in carrying on this important work.

Not only in peace time has thi~ bureau been a ·\ital, function­ing part of our Go•ernment, but in time of war as \vell. I refer to the work carried on in preparing aliens for oYersea::i duty during the World War.

From l\Ir. Oran T. Moore, chief examiner of the Washington district, I learned of one of the most interesting and grnphi incidents in connection with this -work. It occurred at the time of the naturalization of aliens in the Thirtr-sc•entll DiYision, a division which wrote its. name in history in some of the hardest battles along the western front, and which was com­posed of National Guard troops from Ohio.

On May 9, 1918, Congress passed an act pro•icling for the expeditious naturalization of men who were " ser•ing in the United States Army during the time the country is engaged in the present war." War Department statistics lrnd shown that there were man~· thou. and of alien in the service by •irtue of member hip in the National Guard, in the National Army, and by operation of the draft. Before these men should go overseas it was highly desirable that they be citizens. With this in view, the act was pas~ecl. .

Of the 3~ cantonments in the United StateR, 17 ,...-ere in the Washington naturalization district, and the1·e were more than ::!50 other military posts and camps. It became neces:-:ary to hurry the work for the naturalization of soldiers hefore th1:" units to which they belonged might be moved to other camps or places of debarkation.

The first naturalization of !':oldiers in the camps where the court, by formal order, set up its machinery in-·ide of military lines occurred in Camp Sheridan, Ala., where the Thirty-!'eYenth Division, consisting of Xational Guard troops from Ohio. wa:i in training under command of l\Iaj. Gen. Charles S. Farns\Yorth. Hon. Henry M. Clayton, United States district judge, l\lont­gomery, Al~ .• provided for a session of the court within the camp.

On the evening of Friday, Mar 18. 1918. Gen. Charles R. Farnsworth i;equested that immediate steps be.taken to hanrllc the naturalization of the men of the Thirty-seventh Division, as the following morning they were under orders to proceNl to some point of debarkation for overseas service. By use of telegraph and telephone a corps of examiners wa a ·:;;embled at Montgomery, Ala.. Saturday night and Sunday mornin~; and at 5 o'clock Sunday morning work was begun in the camp in preparation for the naturalization hearing on the following morning. Judge Clayton, General Farnsw·orth, and ~Jr . .:\Ioore, the represeutati•e of the naturalization ser\"ice, planned th ~"' hearing for sunrise of such unit.· as weee under orders to entrain. It wa necessary to outline the work, prepare th papers. and make all final preparations for the unu.·nal cerf'­mony of a session of court at sunrise on the open parade grounds in a military camp.

Lieutenant Colonel Albrecht was assigued by General Farns­worth as the military officer in charge, and through his able cooperation it was. possible to file the natmalization papers. It was, to say the least, an impre sive ceremony. Three hun­dred and ,·ixty-six enlisted men of many nationalities, all peti­tioners for naturalization, in full marching equipment ready to cross the seas in defense of their adopted country, were drav;rn up in rectangular formation. At one end of the rectangle on a raised platform were seated the United States distl'ict judge, the court officiali::, and the commnnding officer of the camp and his staff. At one side of the platform under a great live-oak tree were the officers of each company. On the oppo­site side under the headquarters flagstaff was the military banu. As the un was rising. at a military comm.and one unit at a time was brought to attention before the judge. Interroga­tions to show their desire and qualifications for citizenship were made and the company officers in each case testified to the service and loyaltv of each soldier. As each unit was com­pleted it was mo~ed back until finally the entire organization assumed the formation of a olid square.

In order to admini ter tlle oath by nationality groups, the former aliens of each nationality were in turn called forward, took the oath, and were ordered to step back into hollow­square formation, until group after group was disposed of and thP entire body was nrranged again in that formation.

After the formal part of the -ceremony had been completed, Judge Ch.1,yton, who was for many years chairman of the Com­mittee on the Judiciary in the House of Representatives, de­livered a stirring patriotic address, which was followed by l\faj_ Ralph D. Cole, at that time one of the staff officers of the divi ion, and formerly an associate of Judge Clayton on the House committee.

1924 OONGRESSION AL RECORD-HOUSE 6679 For three successive mornings sunrise ceremonies were held,

in order that the entire Thirty-seventh Division might be moved on to debarkation. l\Ien in many of the units were sub­jects of enemy countries. It is true many of them were re­luctantly so, as they 'vere Serbians, Rumanians, and Croatians by race but nationals of the Austro-Hungarian monarchy; Alsatians ancl Poles by race· but subjects of Germany. Under the orders of the V\Tar Department it was necessary to leave these men behind unless their naturalization could be com-pleted. .

On l\1onday morning 366 men were naturalized, and on the following morning 297, and so on until 1,100 of the aliens in the Thirty-se-renth Division had been clothed with citizen­ship and were in possession of certificates showing the fact.

In the meantime the command of the camp changed hands. General Farnsworth went with bis division, and Gen. William R. Smith succeeded to the command. The ceremony described was repeated morning after morning with slight variations.

One of the most interesting situations that arose in con­nection with conferring citizenship on soldiers occurred on the second day at Cump Sheridan. The One hundred and twelfth Trench l\Iortar Battery, in command of Capt. A. S. Dillon, appeared for naturalization. It developecl that the entire organization was made up of Rumanians born in Tran­sylvania and former subjects of the Austro-Hungarian Em­pire.

The top sergeant was a fine, upstanding young Rumanian named Rudi Nan. He stood 6 feet, weighed 195 pounds, and was every inch a soldier. The captain was a modest young man who had little to say, but for whom every member of his company showed a deep respect that spoke of his ability as a commanding officer. I was able to piece together the story of the organization by conversation with various mem­bers as they were preparing for their naturalization. It ap­pears that they were all from East Youngstown, Ohio. Just at the time of the outbreak of the war Nan made a sp~cb· and called upon his countrymen to show their loyalty to the cause to which both the United States and Rumania were devoted. As a result, ~ practically the entire young manhood in the audience marched off and enlisted in tlle Army.

ran would not have been required to serve by operation of the draft, even if he had been a citizen, as he left behind a wife and child. Subsequently these aliens became the or­ganization under the command of Captain Dillon, and were naturalized at Camp Sheridan. If correctly recalled, many of the men had been employed in the manufacturing estab­lishment operated by the father of Captain Dillon.

This incident was told to Judge Clayton while waiting for the naturalization to begin at sunrise on Tuesday morning, 1\Iay 21. As the ceremony was completed that morning the judge called Sergeant Nan from the ranks and asked him to address the several hundred men assembled. The 10-minute speech that Nan delivered was one of the finest patriotic utter­ances of the war and was commented upon by the papers throughout the South.

With bis foreign accent he said in part: Men, most of you, like myself. are subjects of one of the Teutonic

allies against whom the United States is engaged in the present war. For 1,000 years our forefathers have been subject to the tyrants' rule. We have been allowed to come here; to rnise our families in peace; to educate our children; to practice religious liberty, and enjoy the privileges of this great Nation. We would indeed be ungrateful if we did not offer it our services in its time of greatest need. Through. you, honorable judge, and you, our commandlng officer, we express to the Go•ernment and the people of the United States our appre­ciation not only for this wonderful opportunity to so easily become citizens but also for the privilege of serving side by side with the native sons of America in the cause to which we are all dedicated. To us of foreign birth, it is a cause 1,000 years old.

l\fr. MADDEN. l\fr. Chairman, I do not think I have done anything to justify such calls as "vote." I am only trying to do the business with which the House has charged me. I want a respectful hearing. I will give everybody else a chance to be heard respectfully. If you do not want me to act as chairman, all you have to do is to say so. But I do ask for respectful treatment at the hands of the Members of the House while I am chairman.

l\1r. STENGLE. We do not know what we would do without you. [Applause.]

l\Ir. MADDEN. I want to say that this bill carries e•ery dollar that the Budget Committee has. asked for. If you know more about it than I do and you are assured that it is needed, vote for it.

Mr. SABATEI. Mr. Chairman, will the gentleman yield? Mr. MADDEN. Yes. Mr. SABA'IH. Was any evidence gi'ven to the committee

of the fact that all the courts, like the various State courts in New York, Clevelancl, and elsewhere, have withdrawn from this naturalization work because of lack of funds?

Mr. l\1ADDEN. I have received some letters from the courts of record in the different States, but frequently we get letters from clerks of courts all over the United States and other people all over the United States concerning different things where they think they can get more money out of the Treasury for the employment of additional men in their offices, and we always do give consideration to such letters as those ; such consideration as perhaps the importance of the cases may justify. At times men are put on the _payrolls of these offices simply to fulfill some political obligation. l\Iy colleague from Illinois knows that as well as I do, so that generally I do not feel bound to be seriously impressed by any such letters. But if the department having jurisdiction of the work comes to us and says there is a se1~ious situation that ought to be remedied'; and it takes money to remedy that situation, we give serious consideration to that. -

But if the responsible bead of the Government says he wants only $500,000, we are not going to say he has made a mistake and ought to have $1,000,000. That is not what we are there for. We think the man at the head of the Government ought to know what he wants and we are not going to try to persuade hii:n he ought to get more money than he wants.

Do ~·ou want us to ask him or everybody who comes before the committee to take $2 when they ask for only $1? How long do you suppose the Government would last if we did that?

l\Ir. NEWTON of lillllesota. Will the gentleman yield? l\lr. MADDEX Yes. l\Ir. NEWTON of 1\linnesota. The Budget estimates are the

same as the estimates of the committee as reported to the House?

Mr. :MADDEN. Exactly. l\Ir. NEWTON of Minnesota. But the evidence discloses that

the Budget Bureau did not give them what they thought they should ha>e. That is what l\Ir. Crist testified.

l\Ir. MADDEN. The Budget never gives anybody what they think they ought to have, and neither does the committee. There is no person in any department of the Government who thinks he ge!:s what he wants. If he had his say, instead of costing $3,400,000,000 a year to run the Government it would cost $34,000,000,000. [Applause.] What is the use of talking about it? All this tommyrot about men coming before our com­mittee and saying the Budget Bureau did not give them what they asked is not worthy of much consideration, because· they all say that.

Mr. SCHAFER. Will the gentleman yield? Mr. l\1ADDEN. Yes. Mr. SCHAFER. The Budget Bureau did not give the Board

of Managers of the National Military Homes what they asked and they did not ask a sufficient amount when they asked-­

Mr. ~1ADDEN. We do not know whether they did or not. l\Ir. SCHAFER (continuing). Thirty-three cents a day to

feed the men. l\Ir. MADDEN. That is a question which is not before us

now. But there is one thing that is always before us. The question before us always is : Are we going to listen to clamor and make appropriations on the basis of it, or are we going to conduct the Government Gf the United States in an orderly fashion? · Are we going to listen to a clerk in some bureau and give his clamor or demand more weight than we give to the President? The President of the United States is the head of the Government ; he is responsible for every request that comes before us, and I will always assume that the President will ask for all he needs, but I do not feel bound to give him all he asks even when he asks it.

Mr. KUNZ. Will the gentleman yield? Mr. l\IADDEN. Yes. l\1r. KUNZ. Does the gentleman know that since there has

been a cbangP. in procedure in Chicago, whereby the applicant for naturalization must apply to the Naturalization Bureau instead of applying at the offices of the clerks of the different courts, the Naturalization Bureau has gotten 6,000 behind?

l\ir. l\IADDEN. I do not know how many they are behind. I am not here to attend to the business of naturalizing men in order that they may vote the Democratic or Republican ticket, but I am here to attend to the business of the people of the United States.

The CHAIRl\lAN. The time of the gentleman has expired.

.6680 OONGRESSION AL RECORD-HOUSE APRIL 18

Mr. MADDEN. I ask unanimous consent to preiceed for one more minute, in order that I may make another statement.

The CHA.IRM.AN. The gentleman from Illinois asks unani­moms consent to proceed for one additional minute. Is there objection? [After a pause.] The Chair hears none.

Mr. KUNZ. I would like to suggest to the gentleman that we ought to give them an opportunity to become naturalized and see that the help is adequate.

Mr. l\!ADDEN. Everywhere within the jurisdiction of the United States the statement is made that it should be the policy of the Government to economize, but everybody here seems to think that nobody pays the bills when we make these appropriations, and so they demand greater appropriations. But you will hear from your constituents about this. Every once in a while I hear from mine and you hear from yours. On the one hand, I will get 1,000 telegrams demanding that a particular activity of the Government be continued and that it must not be curtailed ; that it is vital and must be con­d_ucted at the highest standard of cost and not at the lowest standard of co t. Efficiency does not count for anything, but it is the cost. • Then I will get 100 letters from the same people denouncing me for the extravagant policy of the .Appropria­tions Committee. Then I come in here and try to economize, but you try to override the committee and put anything you want on the bill. Of course, that is your right; but everyone must realize, gentlemen, that all these bills llave got to be paid. Who pays them? You pay them, I pay them, and the people pay them. The Government has no money of its own. We have no wellspring from which this money comes except the pockets of the people.

Mr. RAKER. Will the gentleman yield? Mr. MADDEN. No ; what is the use? The gentleman has

been talking all the afternoon trying to load the bill up with dollars when I am trying to save them. [.Applause.] Now, put on this other amendment and then you will have completed the work.

Mr . .ACKERl\1.Al.~. Mr. Chairman, I just wish to read one paragraph from page 69 of the hearings on this bill :

Mr. SBREY.lll. Have you statistics covering the number of applica-tions?

.Mr. Crusr. Yes, sir. M.r. SHREV». And those that have been acted on unfavo.rably? Mr. CrusT. Yes ; I have that. lli. SHRIDVE. Would you please give us a summary of that? Mr. CnrsT. During the fiscal year ended June 30, 1923, there were

169,968 petitions finlllly disposed of, of which number 145,084 were admitted to citizenship and 24,884 denied tor various reasolli!.

The committee has not cut down the amount recommended by the Budget. So, according to that statement, there would be nearly 170,000 persons admitted to citizenship in the next fiscal year.

Mr. CABLE. Will the gentleman yield7 Mr. ACKERMAN. Yes. Mr. CABLE. I just want to call the gentleman's atten­

tion ' to the statement of Mr. Crist on page 81, where he said the whole service had been undermanned; and that is with the present appropriation, and the Budget cuts it down $38,000.

Mr. JOHNSON of Washington. And one thing more: They have lately discovered there 10,000 applications for nunc pro tune citizenship, the probability being that they are those who can not prove proper entry into this country.

lUr. MADDEN. .And 10,000 applicants for jobs every morn­ing.

Mr. JOHNSON of Washington. I am not talking about that. I am trying to tell you how t}J.ey are trying to make themselves into TOters.

Mr. SAB.ATH. l\Ir. Chairman, I am for economy. I am against appropriating money unnecessarily and am not inter­ested in creating jobs for applicants who might be recognized or appointed by the Republican administration. But I am in­terested in making it possible for deserving men and women ta be naturalized. We hear that the foreign-born people in our country will not naturalize. They are charged with negli­gence ; yes, with indifference. Only a few minutes ago the gentleman from Ohio stated that there were 14,000,000 foreign born in the United States and most of them were not natu­ralized. I believe that we should afford them an opportunity to become citizens if they are entitled to it, and the only way we can ascertain whether they are entitled to be naturalize<l is by proper investigation and examination. I am not in favor of making anyone a citizen unless I believe he is deserving of American citizenship.

As to the continuous publicity as to the numbers who are not citizens, I want to say to the gentleman from Ohio and to the other gentlemen that we have in this count ry 13,713,000 foreign born.

l\fr. MADDEN. The other gentleman does not agree with his colleague on this committee, th~ gentleman from Ohio, who says there are 14,000,000.

Mr. CABLE. Foreign born. Mr. S.AB.ATH. No; these are the actual :figures. Of tha t

number. 6,479,159 are naturalized; 1,219,057 have first papers, making 7,698,216; leaving a balance of 5,223,715 who are not n a turalized. The foreign born who are under 21 years of age number 1,304,034, and the persons whose citizenship is not re­ported is 790,823, so that the entire number who are not nat­uralized or who have not made application is only 3,919,681. As the average annual immigration in the last five years has been 165,000, the number of 900,000 for that period must be deducted, as these immigrants can not be as yet naturalized, not having lived here the length of time required under our nat­uralization laws. With this deduction the number is reduced to 3,019,681, and this includes women.

It matters not how anxious an alien is to become a citizen of our country, due to the many delays to which he is sub­jected it takes him from six and one-half to seven years. The iusufricient help jn the bureau, the lack of judges and investi­gators, together with the recent war are factors which a.re ac­countable for thousands upon thousands being delayed years in securing that high privilege. We also must consider that there are thousu:nds who on account of old age and their in­ability' to read and write or speak the English language can not be naturalized. Again, there are others who live in the rural seetions of our country or who are employed on the rail­roads who find it bard to secure witnesses that can vouch for them, as is required by law. There are also large numbers of persons who have not become naturalized because up to a fe, years ago they had been permitted to vote on mere clecla­ra tion of intention to become American citizens, or so-caned first papers, as in Texas, Indiana, and several other States. We also find a great many who can not be naturalized be­cause their wives are not living in the United States and, on the other lland, they are denied the privilege of sending for their wi'°"es because they at"e not American citizens .

Taking all the e conditions into consideration, anyone who is not biased and prejudiced must admit that instead of 7,000,-000 unnaturalized, as stated, the gentleman from Ohio will be obliged to concede that the number who are not naturalized and entitled to naturalization is small, and I will wager now that a majority of those are of the olcler immigration. The figures I have given will justify me in saying that the con­tinuous attacks and charges that the newer ill'.Liligration is in­different and not desirous of being naturalized are unwar­ranted, and are only made to prejudice the minds of the .American people against them. .

1\Ir. Chairman, I am making this statement to-clay not only for the purpose of securing a larger appropriation for the Bureau of Naturalization but also to show how unfounded are the charges that the newer immigration is indifferent to ac­quiring American citizenship.

Mr. CABLE. Will the gentleman yield. Mr. SABA.TH. Yes; I will yield. Mr. CABLE. I said that there were 14,000,000 foreign born

here and that less than half of tllem were naturalized. l\fr. SA.BATH. I bave given the :figures and will insert in

the RECORD the table from which I have quoted. These figures are taken from the United States Census Report

and prove that the gentleman from Ohio is in error when he states that more than half of the 14,000,000 are not natural­ized. To stop in the future these charges as to the large number that it is claimed are not naturalized, I am inserting a compiled table giving the correct number.

[From 1920 United States Census Report, Pages 803-886]

Total foreign-born white population------------------ 13, 712, 754 Number naturalized_________________ 6, 479, 1()9 Having first papers________________________ 1, 219, 057

Total__--------------~-------------------- 7, 698,216

Number unnaturalized ----------------------------­Ci~nship not reported------------------------------

Aliens under 21, ineligible for naturalization ___________ _

Aliens in United States less· than 5 years (approximate) __ _

6, 014, 538 790, 823

5,223,715 l,304,0:J4

3,019,681 900, 000

Total unnaturalized adult aliens__________________ 3, 019, 681

1924 CONGRESSIONAL RECORD-HOUSE 6681 Mr. Chairman, 0f the total 3,01D,G81 unnaturalized aliens who

are eligible for citizenship I can approximate that one-half that number are females and about 650,000 Mexicans and Canadians.

l\fr. RAKER. Will the gentleman yield for just one question? l\1r. SABATH. Yes. l\Ir. RAKER. It is stated here that this is done for the crea­

tion of jobs-now, just a moment-it makes no difference whether one is a Democrat or a Republican, all of them are classified under the civil service, are they not?

Mr. SABATH. I believe they are. Mr. RAKER. That is true. l\fr. SABATH. I really do not know. I know at one time

they were not, but I think now they are; but I am not inter­ested in that.

The CHAIRMAN. The time of the gentleman from Illinois bas expired.

l\Ir. SABATH~ I ask for two minutes more. The CHAIR1\1A.N. The gentleman from Illinois a ks unani­

mous consent to proceed for two additional minutes. Is there objection? [After a pause.] The Chair hears none.

Mr. SABATH. Gentlemen, all I desire to bring home to you is this: There is no use to attack the foreign born because they do not naturalize and then go and make it impossible for them to be naturalized by refusing to appropriate for a suffi­rient number of examiners.

We should afford them all the opportunities we can so that they can be naturalized. I know that is the aim and the ambi­tion of nearly all who can pass the examination to be made a citizen. This small additional amount asked will not cost the Government anything because every dollar that is expended by the Bureau of Naturalization is being collected from those who are being made citizens. The fees we collect are above the amount that it costs to run that department. Consequently there should be no objection on that point. I believe the amend­ment of the gentleman from Ohio should prevail. [Cries of "Vote!" "Vote!"]

The CHAIRMAN. The ears of the Chair are so attuned that he can not hear the crie of "Vote!" "Vote!" by l\Iembers, but he can easily hear a motion to close debate or a motion to amend; therefore gentlemen must ·not become impatient if the Chair does not obey the cries of" Vote."

l\Ir. 0.TEWTON of Minnesota. l\lr. Chairman, I move to strike out the last word. l\fr. Chairman and gentlemen, the interest of the House in immigration and naturalization was evinced this ln:t week. I take it that no one here wants to impair the naturalization service or in any way to slow up the pro<.'ess of naturalizing aliens who desire to become American citizens. TbiR last year the bureau had a certain amount of money. If ;you read the bearings it will show that it is the opinion of the responsible officials of the bureau that they did not ha ,.e enough moiJey last year and that the work was slowed up by reason of that fact.

Now the Bureau of the Budget cut their e~timates and cut tllem between $38,000 and $39,000. I will defy anybody to go through the hearings and show one single instance in j ustifi­ca tion of the cut below the appropriations for the current yeal'. Commissioner Crisp called attention to the fact that he was cut and that he could not eA-plain it. He said, " I do not know why it has been made; I was not consulted."

l\fr. JOHNSON of Washington. Will the gentleman yield? l\lr. NEWTON of Minnesota. I will. l\Ir. JOHNSON of Washington. This is a mo t unfortunate

thing. The gentleman, named l\fr. Crist, is under the director and he has no recourse, and when I asked him to come before the committee this morning he could not get permission to come.

l\Ir. :NEWTON of Minnesota. The bureau was cut $39,000, and he says he was not consulted about it at all. Furthermore, when he appears before the Committee on Appropriations­your committee and ours-he is asked about it and he does not know, but goes on to say, "I can not ask for any additional ap­propriation beyond what the Director of the Budget has put in, and I therefore do not intend to ask for any more." So under the regulations of this department he is precluded from asking for what he honestly thinks his department is entitled to.

1\lr. :MADDEN. I would like to correct tlle gentleman. It is not a regulation of the department; the law prohibits it.

l\fr. NEWTON of Minnesota. All right: the law then. l\lr. MADDEN. We ought not to violate the law. l\lr. NEWTON of Minnesota. The gentleman does not mean

that we ought never to raise the figures submitted by the Bureau of the Budget.

1\Ir. MADDEN. The gentleman ha~ given no reason why we should.

l\lr. NEWTON of Minnesota. The gentleman has set forth the printed hearings available to every .Member and he has set

forth the appropriation of la t year and called attention to the fact that the hearings do not di-·close any reason for the cut.

l\Ir. SHREVE. The recommendations of the Bureau of the Budget were followed by the commitee. and the Bureau of the Budget followed the recommendation of the President of the United States.

l\Ir. :NEWTON of Minnesota. The gentleman knows that the President of the United States, while theoretically responsi· ble, does not give attention to the items.

hlr. KUNZ. Will the gentleman yield? :Mr. :NEWTON of ~finnesota. Yes. l\Ir. KUNZ. Is not this bureau self-sustaining in its opera·

tions? l\1r. NEWTON of l\1innesota. Yes; and it seems to me that

if there is to be a cut or a decrease there ought to be a reason for it in the hearing", and there is none there.

l\1r. MADDEN. Mr. Chairman, I move that all debate upon the paragraph and all amendments thereto do now close.

The motion was agreed to. l\Ir. RAKER. Mr. Chairman, I ask unanimous consent to

have printed in the RECORD a statement from the Department of Labor covering the subject that has just been discussed, sho"\\ing the number of employees and the amount that has been paid for each year.

The CHAIRMAN. The gentleman from California asks unanimous consent to extend his remarks in the RECOBD in the manner indicated by him. Is there objection?

There was no objection. The matter referred to is as follows:

DEPARTMENT OF L.ABOR,

OFFICE OF THE A.SSISTAXT SECREtl'ARY,

Hon. JOHN E. RAKER, Wa.sllingto1~, March JJ, 192-~.

Rep1·ese1ttatii:e ·i.Ji Go11gre.ss, Waslli-11gto11, D. 0. :MY DEAR co.·GRESSMAC'<: Your letter of February 22 to the Commi.:i·

sioner of Naturalization was duly received, but it has only been possible at this time to compile the information you requested.

The accompan:ring statement is made up in response to the questions you have presented in numerical order. I trust you will be able to find from the appended f,tatement the information you desire.

Yery truly yours, ROBE CAnL WHITE,

Seco11d Assistant Secretm·y. (Inclo ure.)

1. The number of employees in the Washington office, 89-70 statu­tory positions; 19 lump-sum employees.

2. There are 11 naturnllzation districts within the continental United States and Porto Rico. Alaska and Hawaii are not included. At Ellis Island, N. Y., there is a certificate of arrival division directly under the Bureau of Naturalization.

3. Employees in the respecth·e districts are as follows {l\Iarch 1, 1924):

Boston __ ----------- ______________ -------------·_-------- ___ . --New York __ ·----------------_.----------------------------- ---Philadelphia ______________________________________ ----- --- ____ _ \V ashington. _______________________ ---- --- - -- -- -- - ---- --· -- -__ Pitt-sburgh __ ------ __ ------ ________ ------ -------- --------------Chicago_.----- --- . _ --- ---- ----- --------- - --- ---- -------------­St. Louis_·---------- --- ---- ------- ----------- -----·------ ---- --St. Paul __________ -- __ -. ---- -- --- ---- --- -- - ---------- - -- - - ---- -Den>er _______________________________________ ----- _________ . __

San Francisco_.------------ ___ --------------------------------Seattle _____________________________ ._ --- ----------- --- --- --- ---Ellis Island ____________ ----- _______ ----------- ___ -------------_

Filled

14 52 14 14 25 37 11 14 9

18 10 14

Author­ized

14 69 18 H 25 41 14 14 9

1 12 23

Total ... _______________________________________ -- --- ______ --- _____ . 272

4. The amount ot salary paid to each employee, bureau and field service:

Bureau (Wasl1Laoto1~ office) Annual rate 1 (commissioner) --------------------------------------- $4, 000 1 {deputy commissioner)-------------------------------- 3, 250 1----------------------------------------------------- 8,600 3----------------------------------------------------- 3,500 2----------------------------------------------------- 3,000 3----------------------------------------------------- 2,500 2----------------------------------------------------- 2,400 1----------------------------------------------------- 2,340 1----------------------------------------------------- 2, 300 2----------------------------------------------------- 2,200 3----------------------------------------------------- 2, 100 9_____________________________________________________ 1,800 12____________________________________________________ 1,600 .16---------------------------------------------------- 1,400 16--------------------------------------·-------------- 1, 200 10____________________________________________________ 1,000 2----------------------------------------------------- ~00 1----------------------------------------------------- 840 2----------------------------------------------------- 720 1----------------------------------------------------- 481)

6682 CONGRESSIONAL R.ECORD---HOUSE APRIL 18

Field serliice Annual rate 1---------------------------------------------------- 4,800 ]____________________________________________________ 4,000

10------------------------------------------- 3,500 1-------------------------------------------- 3 25~ !--------------------------------------------------- a:ooo 1----------------------------------------------------- 2,7fJO 16--------------------------------------------------- 2, 500 6------------------~---------------------- 2,400 4_______________________________________________ 2, 340

4----------------------------------------------------- 2,280 10----------------------------------------------- 2,220 1------------------------------------------------- 2, 1GO 9---------------------------------------------------- 2, 100 4----------------------------------------------------- 2,040 3----------------------------------------------- 1,980 2----------------------------------------------------- 1,920 8------------------------------------------·------- 1, 8f.O 11----------------------------------------------------- 1, 800 11-----------------------~---------------- 1, 140

i5=====~=====~=====--==================--============== ~:~8 1----------------------------------------------------- 1,600 2------------------------------------------- 1,560 14--------------------------------------~---------- 1,500 9--------------------------------------------------- 1,440 3_____________________________________________________ 1,400

5------------------------------------------ 1,380 1-----------------------------------~---------- 1,320 8--------------------------------------------------- 1,260 49____________________________________________________ 1,200 4____________________________________________________ 1,140 22--------------------------------------------- 1,080 1---------------------------------------------------- 900 1--------------------------------------------------- 540 3--------------------------------------------------- 480

Total------------------~--------------------- 1463,280

97, 010 49,540

463,280 68,020

Total salaries, annual rate------------------------ 677, 850

19~3,Tt~e J~r;:~::i; 3{ 1f9~g expended for overhead charges. July 1,

Expendi­tures

Estimated expendi­ture Feb­ruary I to

Total annual

Travel and subsistence _____ _: _________________ _ Assistants to clerks of State eoorts ___________ _ Rent of quarters._---------------------------Communication service _________________ _ Transportation (thinvs)-----------------------Snpplies and matm:ials _______________________ _ Repairs and alterations ____________________ _ Miscellaneous items ______________________ -----Witness fees ______________________ --- _ _.. __ --- ---

$40,479. 08 45,468. 23

9, 212 51 1,840. 99

394. 92 4, 215. 86

21.09 137. 83 143. 30

June 30

$41, 250. 00 18, 719. 99 8, 245.85

\ •.121.15

~1. 729.08 M, 248. 22 17, f58. 3&

15,881.14

Total_---------------------------------- 101, 919. 81 I 77, 396. 99 179, 316. 80

6. Total amount expended, July 1, 1923, to January 31, 1924, fiscal year, Hl24: (a) For salaries (including $240 bonus)-------------- $338, 335. 33 (b) Foroverhead------------------------------------ 101,919.81

7. The nmnber of employees in the service in 1917 and 1923: 1911

In bureau at '\VashingtoD---------------------------------­In Field Service-------------------------------------------

63 93

Total------------------------------------------------ 156 1923

In bureau at Washington_ _____________________________ 28

0~

In Field Service___________________________________ ~

Total--------------------~---------------------------- 290 8. Expenditures per fiscal year from 1917 to 1923. inclusive:

Fiscal year 19II Salaries, bureau (statutory appropriation)--------------Salaries, Field Service ______________________________ _ Increase of compern;ation ____________________________ _ Assistants to clerks of United States and State courts __ _ Travel and subsistence------------------------------­R cnt of quarteI"S------------------------------------ML<;cellaneous items _________________________________ _

$80,210.00 165, 322.51

0.00 60, 741. 67 ~. 672.42 4,050.00 2,184. 22

Total-----------------------------~------------ 361, 180. 82 Fiscal year 19113

Salaries, bureau (statutory appropriation) __________ _ Salaries, bureau (lump-sum appropriation) ________ _ Sala1ies, Field Service ____________________________ _ Increase of compensation _________________________ _ Assistants to clerks of United States and State courts-­Travel and subsistence-----------------------­RBlt of quarters-------------------------------­:Miscellaneous items---------------------------

$89,610. 00 1, 491. 18

177,717.63 8r234.07

61,618.46 46, U91. 65

4, 12ti.02 17r630.12

Total----------------------------------- 407r14&. 13

:r: See foot note on " Summary of statutory and lump-sum appropria­tions for balance of present fiscal year."

Fiscal 11ear 1919 Salaries, bureau (statutm·y appropriation)-----------Salaries, bureau (lump-sum appropriation) ____________ _ Salaries, field service ________________________________ _ Increase of compensation_ _____________________ _ Assistants to clerks of United States and State courts __ _ Travel and subsistence-------------------------------Rent of quarters-------------------------------------:rdiscellaneous iteinS---------------------------

TotaJ _______________________________________ _

Fiscal year J!JffJ Salaries, bureau (statutory appropriation) _____________ _ Salaries, bureau (lump-sum appropriation) ___________ _ Salaries, field service----------------------------Increase of compensation ____________________________ _ Assistants to clerks of State courts ___________________ _ Travel and subsistence-----------------------------­Rent of quarters-------------------------------1\Iisccllaneous items-----------------------------------

$97,010.00 80,430.89

351, 891. 85 14,752.67 58, 83L 47

109,356.33 I>, 110. 00

36,239. 21

753, ()22. 42

$07, 010. 00 80, 880.!)2

297, H7 4. !H 52, 06L 01 60,080.33 ~5,063.81

7,000.00 9,600.00

Total------------------------------------- 699,971. 01 Fiscal year 1!J21

Snlar!es, bureau (statutory appropr~at~on) ___________ _ Salaries, bureau (lump-sum appropriation) __________ _ Salaries, field service--------------------------------­Increase of compensation--------------------­Assistants to clerks of State courts---------------­Travel and subsistence-----------------------------­Rent of quarters-----------------------------------­Miscellaneous items---------------------=---

$97,010.00 49, 712. 56

308,725. 64 58,685.98 70,254.18 80, 98~ 08 11,6!!0.00 13,135.54

Total-- ----------------------------------- 690,195.98 Fiscal yeai· 1922

Salaries, bureau (statutory appropriation) ___________ _ Salaries, bureau (lm111;r~mm appropriation) _____________ _ Salaries, field service....----------------------------Increase of eompensation _____________________ _ Assis:ants to clerks of State courts-----------------­Travel and subsistence-------------------------------

~;11~~~ic~tl~e~~ce::::__~:===:=============== i{.~~~l~a:lidn,su~~u~::::::::==================::::::::::::::::: Witness fees -----------------------------­Repairs and alterations-------------------------------Special and miscellaneous current expenses ___________ _ Distinctive paper (naturalization certificates) __________ _

$97,010.00 49,986.72

319, 7U. r~J: 58, 248.58 76, 981- 02 69,320. 27 13,200.0() 4,239.81 1,547.14 7,553.75 1. 231. 40 1,002.74

125. 16 3, 000. 00

Total---------------------------------------- 703r171. 23 Fiscal year, 19!S

Salaries, bureau (statutory appropriation) _________ _ Salaries, bureau (lump sum appropriation) ___________ _ Salaries, field service-------------------------------Increase of compensation _______________________ _ .A.ssistants to clerks of State cou.rts--------------­Travel and subsistence------------------------------­Rent of quarters ---------------------------------­Commwilcation service ---------------------------Transportation, things _______________ _:_ __________ _ Materials and snpplies------------------------------­Witness fees-----------------------------------­Repairs and alterations---------------------------Special and miscellaneous current expenses _____________ _ Distinctive paper (naturalization certitieates) -----------

$97,010. 00 49,724.90

341>, 080. !)4 60,052.01 75,662.94 84, 414. 49 9,607. 03 3,47<l.00 1, 166. 81

12, 871. H9 177.76 543.44 221. 20

6, 084. 1!) ------

Total----------------------------------------- 746,182. 16 [NoTE.-Bureau salaries (statutory appropriation) expenditures are

the full a.mounts of the appropriation as lapses ari ing from resigna­tions reverts "to the Treasury immediately. StJCh amounts are com­paratiYely small.]

Recapttulation

Per attached

statement

Salaries, bureau (Washington office) _____________ . _________ $146, 550. 00 Plus additional amount allowable under $50,000 allot-

Estimated for July 1,

1924

ment to bureau, lamp sum__________________________ 460. 00 1-----1 $147, 010. 00

Salaries, field service------------------------------------ 463,280. 00 Less temporary clerks, annual rate, to be dropped by

June 30, 1924, and one position at $-i,800 to oo abolished _____ ----------,-------------------------- 15, 480. 00

Travel and subsistence.----------------------------------- 81, 729. 08 Estimated a.mount required for next fiscal year ________ ------------

Assistants to clerks of State courts________________________ 64, 248.22 Less amount required to carry supreme courts of Kings

and New York: Cannties to March 15, and supreme court Bronx County and common pleas court, Jorsey City ____________________ -------------------------- 50, 748. 22

Rent of quarters------------------------------------------- 17, 458. 36 Estimated amount required for next fiscal year _______ ----------

Miscellaneous items___________________ ____________________ 15, 881.14 Less emergency purchases of furniture and equipment

at New York due to too increase of personnel re­quired in taking over the naturalization work of State courts, etc·----------------------------------- 5, 881. 14

Total ____________ ------------------------------------ 789, 146. 80 Less statutory appropriation ________________________ ------------

447,800. 00

00,600. 00

13,500. 00

20, 000. 00

10, 000. 00

728, 910. 00 97, 010. 00

Lump-sum appropriation required for next fiscnl year, 1925 __________________________ .. ______________ ------------ 631, 900. 00

: 1924 CONGRESSION A_.:L REOORD~HOUSE

Mr. CABLEl Mr •. Chairman,, I aski unanimous · consent to l droxis and livestock in. foreign countries. is as important to farme"rs ot • extend my remarks in the RElj:lORD. t!he United States as 18 info1·maf;ion about production in this· coun.try.

The CHAIRMAN. Is ther;e objection.? Article· 9r of. the intemational treat:yi· creating this, institute, There was no objection. oonfl.nes. tbeiopemtlon of the· institute to an; 1nter.national1 sphere • Mr. SABATH. Mr. Chairman, I ask unanimous consent to and provides that it1 shaU:.

t extend my· remarJis in the RECORD! ' (a)1 Collect; study; andl publish ag promptly· as possible sta·· 'JJhe CHAIRMAN. Is-. ther'6 objection? tisticai and· economic· informat1on1 co·neerning flarmlng1 plant There was no objection. l and an1ma11 products, . the • trade in agricultural products, and1

, Mr; LOZIER. Mir; . Chairman, I ask unanimous- consent to r t!ha prices· prevailing- on the"v1a:rtous1marketS ;. extend . my. rema:rks- in · the REco:an 1 (b) communlcate to part1esj int~rested', also as promptly asi

The OHAIRM.A.Nt Is- there objection? · r possible, the above inf-0rmation ; ~here was· no. objection.. t ('c) • Indicate the wages pa:id· forr fai:vn · w-0rk ; 1

Mr. LOZIER. Mr: Chairman, I desire. at this time to express ' '( d) Make' Imowtt, new diseases of' plants which' may a1)pear. myr approv.ali of that.. portion; of the pending-. bill that app,l'opri~ in. anyi pal't of the world! showingr the' territories infected, tho • ates $29,577 to defray our proportionate part of· the ex;pense 1 prog:ress of the disease; an:d~ it· :PMSible, the remedies which incident t.o the . International Institute ot Agriculture.1 This are effective , institute bas b~en of very. great value to the · agri~Iturruh I (e) i Stud~ questions- concerning, agvicultural cooperationr in~ claisse..<J· not o~l~ m thEr'liJnited States· but thr.ou.gbou~ th~ worl_d. surance, and credit in. all their aspects; collect. and publish. It was conceived and· foun<led 1by; an Amer10an citizen,. David. r ih:formation useful in the various countries for the organiza· Lubin, a Polish Jew, who1 cime: to• America a poor- and friend" ti.on of 'works connected therewith. less boy. For a t~me he wo!ked. in a j.e.welry factory. at .Attle~ (f) Submit to the approval' of governments, if tliere is need~ boro Massl Driftmg to Ca:hfur.n1w and. working at odd !obs, he measures for the protection of the' eommon int'erest:S of' farttt• soon accumulated ru little • fund with1 w~cll · he begani his busi .. 1 ers and for the improvement of theit' conditions. ness l~fe as. a merchant; dealing; uirgely m · overaUsJ in the sale 1 IJ:t monthly Mnlletlns and' annual putllications the institute of· ~h1ch h~ was brought. intot elese• co-ntn~t with tlie f~e~s • disse'lbinates· t1ie 1 great -wealth of information it' accumulateit ofJ CaUfonua. He studied and• lear.ned1 their problems;. ~d hie 1 :Jlrom time to time and brings home not only' to · the govetn­keen mind 1 wasr tlien.ceforth ve:t:t largely dedicated '. to them wel- 1 me.nte bu.t. to the: f8!J.11Irlng · cUl.sse« the agri<mltural ·conditions· itt fair~. While engaged; in f11utt gromng be concei~ed the· idea. of I every, landi The. 62 nati0us· that have membel"Ship in• this • in .. -an mterna;tlonai con~. wbe11ebyi the people m ' eaeh nation 1 stitute· hsvet 91' per centl o~ the: world's population and1 96' pe.ri might hav-8 aecurat.e Jinowledge· u , t·o .. wha1' the" pe()ple in other cent of its total area. na.t1ons wer.e1 pr.oducln.g. He> collectedi stltt'lsttcsJ studied . plant 'rhe. real work of the institute did not. begin. until January, and animal life, ln~stlgated tlie~ · dise~ and-sought- r~dies· 1909. . David Lubin. was the. ffrst delegate from the United therefor. '.Db:e fatitne!'B of .A:m:eirliea have ·raceived great lienefllB States, , bavingr been appoii:ited. by President Roosevelt. Ti~e from the agri~ultttra:~J ered'i~ syBfutn~. bttt few or them know that \will. not .. permit. me to discuss in detail the splendid acoompllsh­w& are in-0.ebttJd ~ t{) Da.IV"id-·Lubitl.' f<1r' ·tJlifj ben~ficent and! helpf-ul· ' ments of this international' illstitute, but t am not guilt~ ot· policy: 1

• · making an extravagant statement when I say that the fustitute David Lubin was also responsible for tlie 1 ej:fension~ ofl tb'.ei r ha-et' contrttlnted~ mnt~riaHy toi tliw- welfare of tlie :f8.t'1'.lring

Parcel Post S-ystem1 to · far.mere- and b01 was· the fatb.en pt coop- classes in every onei of' ttte •62J nati~ng 1 lfy' wliicll· tb'.el :ilr8tH:ut~ iWi erative marketing in America, his system having been pattern~d sustained. Especially in crop repCJrtlng· and agrl.cnltufl(l sta.. after the ~errnan mnandWirtBehafsn,tt:'" No' other ' ohe1 persen tftstles tlle ffcc<>mplishment\J of' tbet 1nstitute ha\te· been very has contrtb\lte~f more· fbl" the ttpbuiltlllig of American' agt.1'ctll 1 H.elptuL to,. tile• American farmei·s.. B.y, these repo.rts• andi. stati~ ture than Da'.vfd ~ulWn. · 1 ttl<!B-r we. B.2ceiitain the production ot: foodstutfs1 tn. each of, the

For· a· illne he'· couHf not~ Interesii t'h~ U.11ited·1 Stat~ GO~rtt· · 162,,,nations;. . We, ascertain, the quantity, of exportable surplus in ment or the lfgricnlturtt.i: cU1s~ of' .Mnerlca 4.n 1itl!f pla:n~ fiJr ea.chi· nation 'rhis is imPQr.tant and• necessari}I iDformation,, tie.­the' creation of s.n Interm1tl'ooaU.fnst:ltu~ of'AgrH:!ttlture~ '!\1fftny1 lcause1 we are. thereby advisedi as to the competition that our influential people· to' wfiom• fie> nnffiHfMJ lits• plans co'nsid'~d~ r fal'ID~ prodUQtSt· w.iU meet in. the great world~ markets.. It. is· him an irill)raeticable ' di<eamfJr: Tlieyi ooum. not1 Uhde:mtta.ndT ()Y' ~ also very, important that we should be informed as to crop con­apprecfate th~ · impotitft.n"ee· of ttie agen.ey wli.teli' lilt.di tJeen1 con.-· 1 ditton's mtd1 tlie- Q'Uhitfty of exportal>Ie· surplus· foodstuffs- in cetved in tlie- keen intell~t' off tlile tur-SMihg: fhttirei-lookin~ · j otlier- nation~ Tli~:tnstit'\lte- gatlieli!l 1all1 tlii&' d'frtll~ l)y' tele~a:I)'li· friend of' the'· :fitrmets! ::r..rne an great · beneiVi:ctot'!I lie• lived 1ttJ r:nrotn 11ccm11te--sou~ and iif• turtt· transtnif:$l it to• tlie vtorldJ advance of" bfB' age; ,soofugi t<>4ia~· what II~" one et~et s~ Hut· 11 quote again the Secretary ~· .Agt<lcUlture: wfmt all pe<Jpfu- wilt see and' l"eallke · to-morMw: B'llt he did' ' 1 When the International Institute of Rome· l"ee'ef;.ies• lti ' crop cort­~ot despai~ and persls~tlY. aJ?Pealed' to tlie: rrat1dn8 · to ~.' ~ ditfo.n r'eportil ft-0111 differe'rlt countl1~s; tt at' orrce-- telegra:plis• tllent to llsh thik mstt.tnte wliic:tt in aUt fUtUre ~nera:tlotts1 would the 'Ontted Sta~- NaV'Y· stKtlbn at· Pa.rts. ~e :Navy ndtogra:phs the' effectively and·: ~ctently serve-i tllei· a~teult'1Jral1 cllis~1 Ill. ~ sUJ.tmra'rit'«t.. report •to 'Wllsltin'gt'oD', wfi'ere· it Hr <telitered' to tti'e' Ui:rltM 1004· he· o~tainetf the supp() rt= of! Kthig Emanu-e1: of: ltaiy:. 'ID1W1 l sta:tes · DepartmEmt of Agrlcuft:urei The d~1'8.'tt~dt1 releases it to· rtfe• otller nations bees.me · interested, stutlled' his Ple.11'8', saw;· theltr 1 prMS sir:n'nlta:rte011111y' ftonr W-as'b.U1gton anti tront · va:rlt>a~ Stllte" oftlces' nierit, and1 accepte~r hiB1 proposal~ Als-1 a • result; in: 1005'; ttie 1

throug?tottt·· the-· countr'y: .Att 5· o'clock <rn tHe· day' of a'l'rlvaf' at Wasti~ lnfurnati'onal' InBtttute· o~ Agr~culturei WfiB· e8tabllld1ed! by· Ein1 .' tngt'on fiom· tM fitstittit~ ill" ttbme, thfbrntat1.on lk' also b'rtJad~ast in!ernntfonat tteftfy to• VP'-Mdi• ttie · l!:ttibJd eta~' wat:t a:,~ 1by- rMfo· from th1e :tlepa:ftment of Agdcultu.re; an<l all' fli'l'lllers1 J:i'av- · Forty rrations p~lclp~ed In. t!lie fl:i.'Bt ctmfe'l'en~e; T~ut ttnm' r ftlg> raclfo~eocMVihlt set1· may usten- tn: Ih thfs way th~ · report!l !tum" ber has ' tieen 1

1 enlarged nnt!Jl' at. the· p'teSent t:i_m~ W rutticms~ t tbe< rnt~martonal' I~tnt'e ' ot .8gttculture- a:nt g'l'vett W'lcte· ditrtrli:m~

of! the world are• membel'B' O~ tHis Ii!ftemRtlonal. Institut~;- I tion throughout farm and commercial centers in the United Stat~; annually' tna'ke> app:ropriatiollSl fUr it's! ml.rintena'n.ceJ- an<l!. aM ~ . . th~· l'>enefl~arl~ ' ot its tienevtiknt··act!onipllshmettts. ".Dh-U:•Ktng· 1 Since ! became a ~emb~n of- this.· body• t' have .. missed no ofl' Italy uonated a splendid' JitJme1 in Rome, ItalY', -iif; wlfu!lv thei 1 opportunity to emphasize tlie i~por.tance. 01' en~a~gmg. <?ur ex~ institute is- h'otlsed,, a~tl; gav~in- adClitlot.r 806;000rUra • ($60/068.·h • 1Port , markets 1for. farm woduction,, because r believe :hat the Tlie institute has develbped into · t'he• g~ateet crop-:i•eporttn~ two. big. thingst thei fatmer.. neeas- are enlarged markets anti s..genc; in tlie-world. , · f>etter p.,rices . fo:r . his.. coJlllllOditles. ~he International Institute

The United· s.ta:tes I)epartment! of".AgrtcU'fture' di'a'WS' liettvtI~ · 1of Agriculture is helping materially to accomplish these re­upon thm mstlttttQ-. for sttttistlc~r and lnfbrtnation · as'- to• cr.t:Jp'- sults. In the language of the l:>epartment of Agriculture­ptodUct1on and' pricM tllrougliottt" tl1EW w<ttld~ l:tecinrse: tlie· 1D.stl~ - Itlli purp~el ta ful s:ft'ora farmlem • a.rr~ all'. coneemed. m. thei nroduc­tute comes in direct contact with practically every ctV-11lzE!d J tlon, distribution,. a:nd m11r.keting:. df aplclllturt!.l: staples with" rapid• nation in the world. It c'Ollect~ atidl distributes information colitll11lbll8, . 1'\'lllilfble; and ·. impart1alr data cm· the'. fa"Ctore · which deter­relatihg' fo tli:e aCT"ea'ge, ccmdltio-:a . of crops:. wHeat- conditions mine the formation1 o:f th~ price8' ot th~ sta.wes• on 1 thee world's • affecting the harvest, 11.hd~ probable· I)rOdUcij('.)Jf!. 0.'fl tJie' p?inCipal1 I markets, and• to. &Ct1 as.- Q WOrld Clearing. house, for information Oil agriculb.11'8.I! protluets: thatt enter into1 international: trad~. THe , economic, scientific, and technical problems as they atrect the great imJ)orte:nce- of: thlsi 1n1"-0r11'mtio can1 not ba ovel"etnpliasii>Jed: I ind.nst'.ry or· agdculture .. qrr.ot,e :from a.I ~~lletHt' issued1 b)'. the· Untted: States Departmwt. , May· L add in conclusion that. wheat and· co1•11 are practically of A1griculture · ' imperishable food products of which there has never been an

Markets for the great staples-wheat, cotton, wool.:_and.1 many otb:er ' overproduction. I mean- by this that somewhere in the world agxicultnra1 I1roducts are world marltets, and' prices in these market!:! there has at all Hmes been a hungry mouth for every pound are determined . b~ the relation .of.the w-0ria demand to the world sul>" ' of foodsfuff ' proc1o.ced 1 in the worltl. rt is· not so mueh a · ques­ply of such products. Therefore information as to the prodttctton o--r- 1 tlon of 1 overpro'dnctlon· as' faulty or inadequate' faclliti~ fi>l"

6684 CONGRESSIONAL RECORD-HOUSE APRIL 18

transporting 'Our food supplies to the People who need and want tl1em. So instead of sitting up at nights, planning and scheming to reduce production, we should sit up at night and plan and scheme to increase the transportation facilities to carry our farm prouucts to the nations that need them. By improving our internal and external transportation facilities we automatically enlarge our markets and stimulate the de­mands for our surplus production. The great question, there­fore, is not to radica1ly limit production, but to radically en-.

· large our transportation system to carry our farm commodities at low rates to foreign lands to the end that we may be able to invade and appropriate the world markets. By this plan we will substantially increase the wealth of our agricultural classes, materially aid in satisfying the age-long hunger of mankind, and definitely establish our supremacy and preeminence in the production of grain and other foodstuffs.

The CHAIRMAN. The question is on agreeing to the amend­ment offered by the gentlem:-.n from Ohio.

The question was taken; and on a division (demanded by Mr. CABLE) there were-ayes 13, noes 65.

So the amendment \Yas rejected. The Clerk concluded the reading of the bill. Mr. SHREVE. Mr. Chairman, there was one paragraph as to

whieh unanimous consent was granted to return for the pur­pose of offering an amendment.

The CHAIRMAN. On page 35, lines 4 to 11. This para­graph was passed over with permission to return to it at any time, with an amendment pending, which the Clerk will report.

The Clerk read as follows : Amendment by Mr. OLIVER of Alabama: Page 35, line 11, after

the word "Columbia," strike out the period, insert a colon, and add · the following: "Provided, That the amount paid as compensation out of the funds herein appropriated to any person employed hereunder shall not exceed $10,000."

The CHAIRMAN. The question is on agreeing to the amend-ment offered by the gentleman from Alabama.

The amendment was agreed to. The pare.graph referred to and just a.mended, is as follows : For assistants to the Attorney General and to United States district

attorneys employed by the Attorney General to aid in special cases, and for payment ·of foreign counsel employed by the Attorney General in special cases (such counsel shall not be required to take oath of ofllce in accordance with section 366, Revised Statutes of the United States), $840,000, to be available for expenditure in the District of Columbia.

Mr. SHREVE. Mr. Chairman, I move that the committee do now rise and report the bill to the House, with the amendments, with the recommendation that the amendments be agreed to, an<l that the bill as amended do pass.

The motion was agreed to. Accordingly the committee rose; and the Speaker having re­

sumed the chair, Mr. TILSON, Chairman of the Committee of the Whole House on the state of the Union, reported that that com­mittee had had under consi<leration the bill (H. R. 835o) mak­ing appropriations for the Departments of State and Commerce and for the judiciary, and for the Departments of Commerce and Labor for the fiscal year ending June 30, 1925, and for other purposes, and had directed him to report the same back to the House with sundry amendments, with the recommendation that the amenum·ents be agreed to and that the bill as amended do pass.

Mr. SHREVE. Mr. Speaker, I. move the previous question on the bill and amendments to final passage.

The previous question was ordered. The SPEAKER. Is a separate vote demanded upon any

amendment? [After a. pause.] If not, the Chair will put the amendments en grosse. The question is on agreeing to the amendments. ·

The amendments were agreed to. The bill as amended was ordered to be engrossed and read

a third time, was read the third time, and passed. On motion of Mr. SHREVE, a m'otion to reconsider the vote by

which the bill was passed was laid on the table. DROUGHT-STRICKEN FARM .AREAS OF NEW MEXICO

Mr. HAUGEN. l\1r. Speaker, I submit a conference report on Senate Joint Resolution 52, for the relief of the drought­stricken farm areas of New Mexico, for printing under the i:ulef'.

"WIT HD RAW AL OF P .A.PERS

1\fr. HASTINGS. l\lr. Speaker, I ask unanimous consent to withdraw from the files of the House papers in connection with

the bill, H. R. 13479, a bill introduced by myself in the Sixty­fourth Congress, there being no adverse report thereon.

The SPEAKJi"JR. Is there objection? There was no objection.

ADDITIONAL APPROPRIATIONS FOR DEPARTMENT OF AGRICULTURE

Mr. MADDEN, by direction of the Committee on Appropria­tions, reported House Joint Resolution No. 247 (Rept. No. 533), making an additional appropriation for the Department of Agri­culture for the fiscal years 1924 and 1925, which was read a first and second time and with the accompanying report re­ferred to the Committee of the Whole House on the state of the Union and ordered printed. . ·

Mr. GARRETT of Tennessee. Mr. Speaker, I reserve all points of order.

The SP:MAKER. The gentleman from Tennessee reserves all points of order.

Mr. MADDEN. , Mr. Speaker, I ask unanimous consent to proceed. for one minute to make a statement.

The SPEAKER. Is there objection? There was no objection-. Mr. l\IADDEN. Mr. Speaker, this report just filed is in con­

nection with un application for $1,500,000 to meet an emer­gency which has arisen in California due to the prevalence of the foot-and-mouth disease in cattle. Some time ago tllis dis­ease broke out in three or four counties in California and a million dollars was appropriated. That million dollars has been exhausted. The disease was eradicated in the location where 'it first broke out, but it jumped over about 100 miles, I believe, and broke out in another section of the State. There \Yere 22,000 cattle which have recently been affected and which have had to be killed and buried in quicklime in order to pre­vent a further spread of the disease. This is a great emer­gency. 'l'he money they have had is exhausted, and I expect to ask unanimous consent to-morrow to call this resolution up :t:or consideration, and that is why I asked permission to make this statement to-night.

FOREIGN ~fARKETS FOR AMERICAN FARM PRODUCTS

Mr. LOZIER. Mr. Speaker, I ask ui;ianimous consent to ex­tend my remarks im the bill H. R. 7111, the Ketcham bill?

The CHAIRMAN. Is there objection to the request of tile g~n­tleman from Missouri? [After a pause.] The Chair hears none.

Mr. LOZIER. Mr. Speaker, the pending bill is designed to promote Americ~n agriculture l;>y expanding the service now rendered by the Department of Agriculture in gathering and dis­seminating information regarding agricultural production, com­petition, and demand in foreign countries, and in promoting the sale of farm products abroad, to the end that the American farmers may adjust their operations and practices to better meet world conditions, and, in short, to open up new world markets ·for our agricultural products. This bill has the in­dorsement of practically all of the national farm organizations. The operations under this bill are to be in cooperation with American producers and farm organizations, associations, de­partments o-e Government, tile primary object being to extend and strengthen the demand for agricultural products abroad. This bill, if properly administered, should open up new markets and create new demands for our grain and meat products. It contemplates establishing trade relations with nations and coun­tries that heretofore have not bought our farm products. We need markets. New markets mean increased demands and better prices. , Somewhere in the civilize.d world there is a hungry mouth for every peck of grain we grow and for ·every pound of our meat we produ<!e. There is no surplus of wheat or foodstuffs in the world- and there never has been. The problem is one of transportation-getting the foodstuffs to the people who need and want them. This bill looks to the future. Behind it is the unanimous recommendation of the Committee on Agriculture, the State Department, Department of Agricul­ture, and Department of Commerce. It is a sensible and whole­some measure and should ~eceive the vote of e~ery Member of this House. .

INJVNCTIONS Mr. WEFALD. l\Ir. Speaker, I ask unanimous consent to

print in the RECORD an address delivered hy Senator SHIPSTE.AD, of Minnesota, upon the question of injunctions in labor disputes?

The SPEAKER. The gentleman from Minnesota asks unani­mous consent to print in the RECORD an address delivered by Senator SHIPSTEAD on injunctions in labor disputes. Is there objection r [After a pause.] The Chair hears none.

Mr. -WEFALD. Mr. Speaker, under leave granted to extend my remarks, I insert in the l:tECOHD an address deli\Tered by the Hon. HENRIK SHIPSTEAD, United States Senator from Minne-

l924 OONGRESSIONAL RECORD-ROUSE, 6685

sota delivered at the Forty-first Annual Convention of the 1mn'ois State Federation of Le.bor, September 10, 1923, which is as follows :

Se~tor SHIPS'.rlilAD. l\Ir. Chairman, delegates of the Illinois State Federation ot Labor, and visitors, when President Walker said he bJJ.d asked me to appear before this convention for the purpose of dlscUSiling S-Ome of the things I consider to be a danger in the path Qf the future welfare of America, the idea came to me that possib\y he asked me to co.me here for another purpose this 111orning. He may have known that I dld not attend church yesterday mprning, and so he asked me _to come over here to have the benefit of the very .wonderful and beautiful sermon that he preached here. And I am very glad to have heard that sermon. I appreciate very highly the honor you conferred upon me when you asked me to come here .this morning for the ,PU~pose of discussing the so-called government by injunction that ls ~adually and persistently diaplacing government by law.

-Tbe history of America, past and future, is a history of the common peo.vle. When this Government was .founded the people ,reserl"ed to themselves certain rigMs that they ~aid even the Government could not take away from them. Our forefathers when they founded this Gov­ei:nment said a good deal a,bout the rights of tlle people; and these rig.h,ts _were reserved to the _peo_ple themselves in the so-called BUI of , Rights, tbe first amend;me.nt to the Constitution, and the&e .rigllts were, in short, the right to peaceably &ssemble, freedom of speech, freedom of 'press, and religio.us liberty. 1

·

n was the intention that th~s Government ~nould be a government by law. Within rec~nt ye.a:\'s we ,have ,gradua~y drifted aw~y from a .goverument by law to a ,government 1QY an individual, according .to the will and pleasure and cop.llci.enoe of .a -man,, the so-called gov~rn­men t by equity courts through. their .Po.wer to issne .restt:a.ini.Qg Qrders or inJIUlctions. I

,I know there has been and is being pexsistently spread all over the United StateB a pr~rnaganda tb;at we, the people, have no right to criticize the ,&ctlon of. a judge sitting on tlle bench, and the , condemna­tion of us ~hen we ;t;o .criticize ~s based on tll.e assumptiqn t)lat a judge sittb1g ,on the .bench bas an, infallible conscience and Clln _do 110 wrong.

·!fbat 1dea. 'has been handed down ,to .us from tile distant past when we un.d .klngs .that were supposed to. rule by divine power, and there.fore had an infallible ~onacience and .rould do no wrong. .But people learned by -bitter ,experience that ~e king was only a human ,being .and tb&t bis ~ene?El and bis judgment were subj~t to error. _.nd ao huma.nity out of .dire . necessi~y found it necessary to curb . the power , of the .ldnlr, ,and I believe the ,American people wiU find it necessa.zy­and th~iY .are .gm,d~lly beginninl to see it ~ore clearly, tbat if 1the rigJlts of the poo.ple of America are to be preserved, the assmned fights of .equtty courts to mlate tbe Oonstitqti,on mµst ,be curbeq, and the only Pt>OPle .in Amerie.a iwho ,can ~urp these courts an,d restore govei:n­men.t by law are the oommonJ>e<>Pl~, becrfuae the foundation of aover.n­ment by law and American institutions rests upon the common people of ,J\.Jlleriea. .

We have .v~y ,good p:reeedeut ,from that polnt of view. I want to call atten,t;ion to and quo~ from some speeche.s made bf the great euumclpat0«:, your for.me.r stateaman and n~ighbor in Dllnoi11, A.brnba;m Lincohl, who, in that ·11reat ~ntl:'.ev~sy that ,sui:ged around ~ll.e Supreme Court's decision before the Civil War, when the SU_p.-eme Oourt of tbe ·United States had been ·packed with audges because they held a qertain .PQlut -of :view, 1came into promine:Qce ao<I laid the foun<latioll fOf his .P'Olltical life.

We 'tlnd ,in his campaign, e.!U\inst those .decisions of the .S~11eme Oourt, pa:rticulairly 1:hat.deciaioa th.at ·they 11)8.de when ,tbey denMtd the right of C<>ll.gress to !pre~t the e%tensions of .elaver;y into ~tie territ«y, the Dred Seott decistoo, that .Lincoln :was veey viciously attacked because he pregumed to point o.ut ;how the SqpreJlle .. 0f)urt had violated the Constitution, ~him they bad ueurped to .tJleJll.Selves the power to rule over the people ln disregaro to the will of .the peol)le and the provisions of .the Consdtutloo. ·

.I want to quote to you ;from Mvera.l of h:l.s spee<:hes, in order tbttt you and I together ;may start out from tlle premiees of the point ot view ot Abmhum -.Lincoln. [ t~ink that •18 ·good e.u.tllorU:y, th1lt ilt :is a good foundation upon which tto stand. In Jl speech Jn Cincinnati on September 17, 185-9, he macle a atatement that ·is •Very dear, .a statement thnt •e'\'lery boy .n.nd girl a±tending school in the United States -should ·l!ead. It is ivery apropG1'J of the times, becauee it shows who Lincoln believed ,was master in the United States. lln that ~ch he .said:

"The people of -these United .Btntee .are 'the :dghtful ma&ters of both Congress and courte, not to overthNw 1the 1constitutron but to overth:row the men who pervert the , Constitution!'

Lincoln believed that the Dred Scott decision was a mistnterpre· tation of ·the Constitutron and that •eTeey proper means should be u9ed to :fndnce the court to ·overntle it whenever a similar C3se s'hould be p.reeented to the court.

In a speech in Chicago, June 10, 185S, he said:

" It I were a Member of Congress n.nd a vote 9hould come upon the qnet1tlon of whether slavery should be prohibited in a ~w territory, in spite of the Dred Scott decision, I would Tote 1that it should. We mean to have 1he court decide the otoor way, ·The sacredness that J'udge Douglas throws airound this declsion ta a degr.e4' of sacredness that has nev~r before been 'thrown o.r0und any decision. I have never heaTd -of meh a thing."

That shows 'that Abraham Linooln dlli 'Dot believe the decision <>f e. court was lnf.alllb1e, and tf 11ueh ·a dedsfon violated the provisions ot the Constitution ·that the people have a. •right to deny It as a poUtteal ~ule and endeavor to have the ~islon reversed. At Quincy, Ill., October 13, 1858, Lincoln snld :

. .. We do not ·propoae ·that when ".Dl'ed ScoU ·bas been deetded a slave by the court, we as a •mob will decide to ·free him. We pro­pose so resisting it as to have it reversed 1f we can and a. new judl~lal Tule estnbllshed upon •this .subject."

1 want to go into the htstory this ·morning, ·for 11 few minntes, of the so-called -restraining or~r -and tnjunctton, to show where it iorigt· nated, how it 'Came to !America, where ·tt -eame from, where ·it was first used in !Ameriea, and what time tt became a wenpon in the hands of those ~ho are domg away with gov~nment by lnw and using It ·tor the purpose of overthrowing government by lnw and te oppress labor.

As fu bnck 8:S 600 B. C. the plebeians of Rome found It necessary to elect annually two 'tribunes with extraordin-ary powet."s, 1to cu.orb the ·polltlcal and economic oppression of the plebeians by the Rom'ftlls. These tribunes had the power to say "I forbid," t! nppealed to in a Judiainl or 'legislrltlve pro~ding. And from that decision 'the:r~ WRS

no appeal. But with the fall of the ·Roman Republic ·and 'th~ eel:nb· lishment of •the Roman Empire the .·institution of the tribune was abolished.

In 1th-e tenth century we hd it bobbing up again in Engla.nil. Up untn •that time controv-ersies had always been decided by the Klng in the absence of a constitutional Jaw; but in controversies over property, where there was ' -no remedy 11.t law: the King could take jurisdiction. ana decide the 'Questions at 188\le aeeordlng to the dictates of 'his 'OWll

consciert(!e, on the .assumption that 0hil!I conscience was tnfalllble, that he could do no wrong, because he :ruled by divine right.

But the King was so busy a large part ot 1the time drinking beer, hunting, ·and uther things that he (lid not want to be bothered with these cotttroTersies that requiretl the issuing of injunctions, and so he 11.ppolnted a ehaneellor to take bis place, and left -in the care of this chancellor his conSclence. And when the chancelloc wa-s appealed to 1n -a -controversy he would consult the king's 'Conscience to find out

1what he said should be done, and render decisions '11.Ccol"dlng}y. In order to expedite business It was sometimes found ·necessary to

appoint more than one chancellor, and th~e chancellors would inter­pret the king's -conS'Cience in ncC()rdance with their dilrerent P<)ints -of view, and so their deelslon~ would confttct. As keeper of the king'lf conscience and the great sea1, with authol'fl:y to issue mandatory wrlte a'rl.d 'injunctions, it ·was natura1 that the Lord Chan-cellor should gradually assume the functions and character of a judge holding dis· tlnct and independent eourt ·from the courts of common or statutory law.

The court o'f chanceey takes its name from the fact that the first court of its kind was presided over by a chancellor. Some people seem to have the idea that it was called a chancery court because peovle take a chance when ·they appeal to its decisions. It is natural that a court 'Or cilanc~llor sitting 'OD . the bench ·taking jurisdiction ·tu controversies where there is no adequate remedy 1tt law, or could n<>t be handled by the "Bo-called law courts, shottld gradually take to him· self the tnnettons of a separate and in6ividnal court as dil~tmct from courts of taws, and eo -u gradually came to be called a chancery court.

This institution was m the beginning nsed to protect t~ poor and weak against the :nrong and rich. Lord Ellsmere, who eeTved under Queen Elizabeth, .!111.id, in describing •his -eourt and Us fnnetlons: " It Js ·the refuge of the poor Mid afflicted. It ls the altar -and 11trnetuary f<>r ·such as a-gaiMt the might of rieh melt' -and •the coontemmee of great men can not maintain the goodnel!l!I of their cause and the truth of their ·title."

It became the basic prlnclples of the B1itlsh chancery or efluity courts 1:hat: "It was to -'be exercised for the --property dghts only," 6ince "'-he who would seek its 1iid ·must eom'e with dmn hands ; 'there must be no adequate remeay at la'W ; 'it must not be used to punish crime ; tt must ·never ·be used to curtail ~rsonal rights!' Thus we see what was the origin and purpose of the CO'Ort -of equity.

That is wh!Y we are particularly interest~ In it, becam1e at this time eqfilty ~ourts a11e using those poweni to cul'I> the pergonal righttf of 1Ddivi:duala, •particularly labor, ·in. the Untt.ed States.

•To go i-nto -the 1history of tbe origin and -the erlgJnal •pUTpose f1t the 80-called oouTts of equity : ·When the English COionies were esmb­llehed Jn Ame.I'iea the eolonJ:sts broug.bt ·over with tbem 'the English CMDDU>'fl. 'law and the •BngHsll .fltdldal pNcedut"e-. When the American Government was founded, there being no king with au infallible •eon· acience to leave lb the custody of a chancellor appointed by him, the

6686 CONGRESSIONAL RECORD-. HOUSE APRIL 18

Constitution provided that tbe "people's conscience" sbould be vested The various conflicting decisions referred to-and there are many, in a judge sitting in an equity coul't to take jurlsdiction where there many more of the same character-prove couclui;ively that business was no adequate remedy at law. men and wage earners are not considered equal befor~ many courts

I want to call this particularly to your attention, because Lord of equity. As citizens of America they have equal rights under the Birkenhead, of England, last week in Minneapolis, where be was Constitution, but as soon as these equal rights clash the civil ~hts attending the meeting of the American Bar Agsociation, said a very of the employer are upheld and the civil rights of the wage earner significant thing. He was qnoterl in the newspapers as saying that the are denied. No greater proof for creating class distinctions can be "English people had never permitted their free will to be shackled offered. Unscrupulously, certain injunction judges have laid the axe by a judicial oligarchy as the American people bad.'' And it seems on the very roots of constitutional liberty in the Republic. to me, my fellow citizens, that when we become so reactionary that The constant encroachment of eq'uity courts upon the province of we are too reactionary for an English lord, it is time for us to sit the courts of law constitutes one of the gravest dangers to a govern­up and take notice. ment by law. Government by injunction is not government by law;

l.Jp to 1888 there were many controversies involving capita.I antl it is government according to the will and pleasure or conscience labor in America, but they were settled before a court and jury. It of a man. Government by law is a government by. the ·people; gov­was not until 1888 that equity courts took jurisdiction restricting the ernment by injunction is government by an autocrat. rights of individuals, and it was not until 1891 that a Federal court If a man violates an injunction, he is guilty of contempt of court; undertook to prevent groups from doing what they could do indi- be is haled before a judge who becomes a judge, jury, and executioner. vidually. From that time the courts have, upon gradually less and less The method and the idea are the same as in the old days of the king; provocation, and more and more frequently, taken jurisdiction away they a~e both based on the assumption that the king bad an infallible from courts of law and have used the restraining order to curtail the conscience and could do no wrong, and the same applies to the equity rights of American citizens that have been guaranteed them under courts in America. the Constitution. As I said in the beginning, the people in tim·e found tbe king

And that I consider one of the greatest dangers to a government was only a human being, that his conscience and judgment were sub­by law. One judge's " conscience" will not permit him to issue an ject to error the same as other individuals; and here in America, injunction when requested to do w by an employer because of )lis if we ar~ to preserve the rights of the people guaranteed under the conviction that it would abrogate the wage earner's constitutional . ·. Constitution, we must . come to the conclusion-and the sooner the rights; that it would inflict a grave injustice; that it would permit better-that the judge sitting in a court is also a human being whose hie court to be used by an employer as an additional and weighty judgment and conscience are subject to error-the same as all other club with which to beat down labor. human beings-and that the rights that have been reserved to the

Another equity judge becomes a partisan of the employers, and people th.emselves in the Constitution can not ·be taken . away from his "conscience" permits him to shackle labor's hands during an in- them by so-called courts of equity. dustrial dispute. He issues his injunctions, commanding the wage As government by injunction advances and takes the place of earners to refrain from certain acts and carrying out certain policies government by law, government by law passes away, and then we go for their self-preservation, which the ·employees have an unquestioned back to government by an individual, government by an autocrat~ right to do and enjoy without lPglll or judicial interference. It is an un-American institution and it is an institution that goes

An interesting case was the "Wonderland Theater Gase, in Minne.- back to the Middle Ages. It has no business on American son. apolis. The theater had discharged its union employees and employed There is one other thing I want to call your attention to that is nonunionists in their places. Trade-unions were restrained from involved in this government by injunction, and this is that lai>or­conducting a boycott they had instituted. The court granted the the power of a human being to labor-is a commodity, and as such injunction on the assumption that their action violated the State has no more than equal rights with capital before the law. Since the anti-injunction law in restraint of trade. The Minneapolis Labor overriding of the provisions of the Clayton Act by the courts the Review was enjoined from printing the fact that this theater was laboring man now stands before the law as a commodity, · and bis unfair to labor. The edito1· of the Lab-Or Review continued to print power to labor as a piece of property. That idea is involved in the tbe !'act that this theater was unfair to labor. He was haled before question and the decision of the A.merican people, whether we shall a judge an<.l sentenced to jail. decide finally and for all time, whether or not America shall go back

Over in St. raul~about 15 minutes' ride away-there was another to the Middle Ages and the laboring man back to serfdom, or whether case, but it was not on labor's side. The employers, bunk.crs, and America shall be permitted to carry out her historic mission in the manufacturers of that city hatl been federated into the Citizens' Alli- world, that this shall be a place where tbe golden rule shall be ex­ance for ~he purpose of conuucting an open-shop campaign. • A firm pressed in government,· or whether we shall drift back to a govern­ot employing plumbers, Deluney Broe., refused to put an "open-shop" ment by an autocrat, a government by 9: man instead of a government card in their window. The employers called a boycott on Delaney by law. · ~ros. Del::i.ney Bros. v·ent into court an<l asked for a.n injunction Now, what is a piece of property? According to the dictionary to restrain the Citizens' Alliance from conducting this boycott. The a piece of property is something you can rec\?ive from some one as a court refused to grant this injunction and said the Citizens' Alliance gift, you <!an sell it a'nd give title to it, you can bequeath it to. your had a perfect right, as individuals, to sever business re~atio,ns with heirs. And this being so, can we make the labor of a human being Delaney Bros.; and having the right as individuals, two or µiore of a piece of propei·ty that can be put on the .auction block and sold to them coulcl also do tbe snme thing. the highest bidder?

Here we have, within 15 minutes' ride, two courts finding their What made the individual slave so valuable to the owner was the "conscience" two entirely different things. In one case they were fact that he bad the ·power to labor. The Good Book says that applied to labor and in the other to the employers. · The conflict when the Lord created the earth He labored for six .days, and on the created by theRe un-.Anierican, unconstitutional judicial acts was elo- seventh day He rested, and there is nothing to show that He ever quently and forc<'fully described by United ~tates Circuit Judge labored since. But when iie created man He.placed in the heart and Caldwell in the case of Hopkins agltlnst Oxley Stave Co., when he said: soul of man an infinite part of Himself. He gave unto that human

"English history is replete with examples showing that the being the power to labor with hand and brain to create things tn King and his dependent and servile judges lia.ve subverted the order that the scheme of creation could go on, and that scheme of rights and liberties of the English people but for the good sense creation has been going on down all the pages of history. of the English juries. It is the verdict of juries and not the In my time I have seen mo1·e miracles than were ever discovered opinion of· judges th&~ the English people are chiefly indebted to in Holy w·rit. The turbine engine, the telephone, the telegraph, the for some of their precious rights and liberties. radio, the skyscraper; all these were created by man through the

"On the other band, when laborers combine to maintain or power given him by his Creator. And this thing that man has re­raise their wages or otherwise better their conditions, or to pro- ceived from his Creator those who exploit lal.Jor would make a piece tect themselves from oppression, or to attempt to overcome com·- of property to be sold on the auction block. I~ can not be solrl with· petition with their labor or the products of their labor, in order out selling the body of the laborer. It is inseparable from the body that they i:nay continue to have employment and life, their action, of the laborer. You ·can not receive it from your forefathers, you however open, peaceful, and orderly, is branded as a conspiracy can not give it to a frJend, you can not leave it to your heirs. It is an when done by labor." attribute of life received by the human being at birth and it goes

Whnt is called conspiracy when done by labor ls called competi- back at death to Him who gave it, and he who would make of human tion when done by the employer. They can not help knowing that labor a piece of property would buy and sell bis Creator. organized capital is not so restricted ; and when treatment apparently And ·the decision of this question whether the power of a human so unfair and discriminating is administered through the instruID'en- being to labor shall be finally and conclusively decided to be a piece tnlity of a court, the resulting discontent and resentment of employees of property will determine whether men and women in America shall are invariably intensified because the law itself seems to have gone be froo men and women, upholding America·s historic mission show­wrong a.nd, in some unaccountable manner, to have taken sides against ing all the· world that the · peopl~ themselves have the right and the them. intelligence to own a government itself, to use it for the purpose for

...

1924 CONGRESSIONAL RECORD-HOUSE 6687 which this Government was intended to be used, to promote the pub­lic welfare, to promote the happiness of the people and . to protect and guard the rights of the people guaranteed them in the Constitu­·tion and in the Bill of Rights.

Upon whether or not we shall be able as citizens to decide this question from the point of view our forefathers decided it will depend whether America shall go back to be a government by the people, 'or whether we shall finally drift to become a. government by judicial conscience and consolidated money power.

AMERICA'S SECOND DECLARATION OF INDEPENDENCE Mr. VAILE. Under the general leave granted to extend

remarks on the pending immigration bill I desire to insert in the RECORD a brief but admirable speech by Mr. JOHNSON of Washington, chairman of the House Committee on Immi­gration and Naturalization and author of the immigration restriction bill, delivered on Friday, April 18, before the annual congress of the Daughters of the American Revolution. This speech is a clear and ringing American statement fitly set­ting forth what I believe, and what a majority of the Congress of the United States believes, to be the true attitude of the 'American people. Mr. J oHNsoN's speech is as follows:

Madame President nnd Daughters of the American Revolution : The Congress of the United States is this very day passing a. restrictive immigration act, under the terms of which the United States ends forever the idea that it is the asylum for the oppressed of the world. This step has become necessary. We are about to require examination of immigrants overseas. ThJs is to end misery and hardships, and is also for the welfare of the United States. We are about to recon­struct Ellis Island. This is an effort to give the limlted number who may come under our 2 per cent of 1890 quota act a little better recep­tion at the front door than others have received in the past.

We are about to end an arrangement which ls not part of a treaty and wllich has caused endless misunderstandJng between our people and those of a friendly nation in the Far East. We are not nbrogat­. ing a treaty. If we desired to d<> that, our Government would give the required six months' notice. By the agreement our immigration from Japan is regulated by Japan. It is our sovereign rjght to regulate im­migration to our shores. Our right to say who shall live among us and be of us has been challenged, and our Nation has been threatened with "grave· consequences." I say to you 'that no nation can or will compromise its sovereignty. This Nation, born of the deeds of your

. ancestors, will never do that. To do so is to invite war. Not to com­promise is to prevent war. It is the pride of our country that on great national issues· the Congress of the United States has always aban­doned party lines and risen to patriotic heights. It is our hope that

. the Congress always will. I know that Congress always will if the character and genius of those who founded this country ls not ovP.r­whelmed.

Our new immigration law is written for all who are now within the United States, for all who come under the protection of our great Constitution, which begins with the magnificent words of the preamble, "We the people of the United States "-people, not citizens. We are all the children of immigrants, and our new immigration bill as written makes it clear that it makes no difl'.erence whether our an­cestors came on the May"(f,ower or whether they missed the first boat.

Now thnt real restrictive in,lmigration legislation is assured, our. next step is the development of real Americanization. It is our duty to reach out to every last person in the United States of whatever race, to take him by the hand and let him know by· word and deed that we are for him and that he must be for us. I congratulate the Daughters of the Ameri~an Re-;'olution on the work done along these humane and patriotic lines.

Madame President and ladies, our new immigration legislation, passed hy decisive votes in each House, is America's second declaration of inde­pendence.

LEAVE OF ABSENCE By unanimous consent, Mr. DoYLE was granted leave of ab­

sence for three days on account of important business. ADJOtJRNMENT

Mr. LONGWORTH. Mr. Speaker, I move that the House do· now adjourn.

The motion was agreed to; accordingly (at 5 o'clock and 46 minutes p. m.) the House adjourned until to-morrow, Satur­day, April 19, 1924, at 12 o'clock noon.

EXECUTIVE C01\1MUNICATIONS, ETC. Under clause 2 of Rule XXIV, executive communications

were · taken from the Speaker's table and referred as follows : 439. A letter from the chairman of the Interstate Commerce

Commission, transmitting a report for the month of March,

LXV--422 1·

I - I

1924, showing the condltlon of railroad equipment, in, com­pliance with the provisions of Senate Resolution 438, dated February 26, 1923; to the Committee on Interstate and For· eign Commerce.

440. A letter from the Secretary of the Navy, transmitting a draft of proposed legislation to authorize certain officers of the United States Marine Corps to accept from the Republic of Haiti the medal for distinguished service ; to the Committee on Foreign AJTairs.

• 441. A letter from the general secretary of the Near East Relief, transmitting report for the year ending December 31, 1923, consisting of reports for the calendar year 1923 by the executive committee, treasurer, auditor, general secretary, over­seas observers, and officers and members who have served on the board of trustees; to the Committee on the Judiciary.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of Rule XIII, Mr. ELLIOTT: Committee on the Territories. H. R. 4825. A

bill for the establishment of industrial schools for Alaskan native children; with amendments (Rept. No. 528)," Referred to the Committee of the Whole House on the state of the Union.

Mr. BRITTEN: Committee on Naval Affairs. H. R. 8732. A bill to authorize the disposition of lands no longer needed, and the acquisition of other lands required, for naval purposes; without amendment (Rept. No. 529). Referred to the Com­mittee of the Whole House on the state of the Union.

Mr. HAUGEN: Committee on Agriculture. H. J. Res. 239. A joint resolution authorizing the Secretary of Agriculture to purchase and distribute suitable medals to be awarded to ex­hibitors winning first and championship prizes at the twenty­fifth anniversary show of the International Livestock Exposi­tion of Chicago, Ill. ; without amendment ( Rept. No. 531). Re­ferred to the Committee of the Whole House on the state of the Union.

Mr. MADDEN: Committee on Appropriations. H. J. Res. 247. A joint resolution making an additional appropriation for the Department of Agriculture for the fiscal years 1924 and 1925; without amendment (Rept. No. 533). Referred to the Committee of the Whole House on the state of the Union .

Mr. CURRY: Committee on the Territories. H. J. Res. 60. A joint resolution authorizing the improvement of the system of overland communications on the Seward Peninsula, Alaska; without amendment (Rept. No. 530). Referred to the Com­mittee of the Whole House on the state of the Union.

CHANGE OF REFERENCE Under clause 2 of Rule XXII, committees were discharged

from the consideration of the following bills, . which were re­ferred as follows :

A bUl (H. R. 6387) granting a pension to Mary A. Johnson; Cominittee on Invalid Pensions discharged, and referred to the Committee on Pensions.

A bill (H. R. 8675) granting an increase of pension to Mary Ann Mathewson; Committee on Pensions discharged, and re­ferred to the Committee on Invalid Pensions.

PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS Under clause ·3 of Rule XXII, bills, resolutions, and memorials

were introduced and severally referred as follows: By Mr. DREWRY: A bill (B. R. 8753) to authorize the· ac­

quisition of a site and the erection thereon of a Federal build­ing at Chase City, Va.; to the Committee on Public Buildings and Grounds.

By Mr. NEWTON of l\Iinnesota: A bill (H. R. 8754) to amend section 206 of the transportation act, 1920, approved February 28, 1920; to the Committee on Interstate and Foreign Commerce. ·

By Mr. BURTON: A resolution (H. Res. 263) providing for expenses incurred in the Harding memorial exercises ; to the Committee on Accounts.

PRIVATE BILLS AND RESOLUTIONS Under clause 1 of Rule XXII, private bills and resolutions

were introduced and severally referred as follows: By Mr. BEERS: A bill (H. R. 8755) granting a pension to

Mary L. Peck; to the Committee on Invalid Pensions. By Mr. BROWNE of Wisconsin : A bill ( H. R. 8756) granting

a ·pension ·to Emma Post; to the ·committee on Invalid Pensions.

. .

6688 CONGRESSIONAL RECORD-......HOUSE APRIL 18

By .lfr. CA.BL~: A bill (H. R~ 8157) e.uthorlzin.g the nppotnt­ment of Kenneth Little as an Infantry officer, U:nlted States Army; to the Committee on Military .Affairs.

Also, a bm {H. R. 8798) tor the reU~f of Ada H"'3.1Ilmond and 0. W. Northrup, 1partners; to the Committee on Claims.

By Mr. CLARK of Florida: A blll (H. R. 8'rn8)" to require the Secretary of War to en.use to be made a survey for a canal from C'lllllberland Sound to or near the mouth of tbe Mississippi River, and to make full and complete report to Congress of tlte most feasible route and eost of construction; to the Committee on Rivers and Harbors.

By Mr. DOYLE: A bill (H. R. 8759) far th~ relief Of Jl'rank Martin; to the Committee on Claims.

By Mr. FOSTER: A bill (H. R. 8760) granting an inC1'ease of pension to Annie 0. Fra.zee t to the Committee on Invalid Pensions.

Also, a biU (H. R. 8794) for the relief ot Julia H. Burns; to the Committee on Claims.

Also, a bill (H. R. 8795)' for the relief of :m. L. Shanklin and E. L. Kelly, partners; to the Committee on Claims.

Also, a bill (H. R. 8196) tor the relief of Mary El. Wooten; to the Committee on Claims.

Also, a bill (H. R. 8797) for tlle relief of Hannah Beaver; to the Committee <tn Ciaims.

By Mr. WILLIAMS of lliinols: A bill (H. R. 8798) granting a pension to Stella M. Webster; to the Committee on Invali,d ' Pensions.

Also, a bill (Il. R. 8761) granting an increase of :pension to PETITIONS, ETC. Rebecca Murray; to the Committee on Invalid Pensions. Under dallile 1 -0f Rule XXII, petitions and papers were laid

By Mr. FREDEROOKS: A bill (H. R. 8762) granting a pen- on the Clerk's desk and referred as follows: · sion to Sa.rah A. Patterson; tQ the Committee on Invalid 2453. By l\1r. BAC:a:ABACH; Petitjons. of numerous citizens Pensions. and residents of Atla:n,tic, Burlington, Cape May. and Cumber-

1

Also, a biLl (H. R. 8763) granting a pen.sfon to Elmer Ware; land Counties,. N. J., protesting ag,a.iJjlst sundry bil.JB to amend to the Committee on Pensions. the Federal prohibition a.ct to legalize 2.75 per cent beer~ to

By l\fr. GIBSON: A bill (H. R. 8764) gra.uting an increase of the Committee on the Judiciary. . pension to Luretti.e L. .Morse; to tbe Cemmittee on Invalid 2454. By Mr. COOPER of Wisconsin: Petition of officers and Pensions. members -0f Morris Camp, No. 7, United Spanish War Veterans,

By Mr. HA WES~ A bill (H. R. 8765) granting an increase of Beloit, Wis., urg~ng passage of the Bursum bill, S. 5; to the pension to Daniel McDonald; to the Comm.ittee on Pensions., Oommittee on Invallid Pen:sions.

Also, a bill (H. R. 8766) granting an itl.crease of pension to 2455. Also, petition of members of Bancroft Auxiliary, United Patience A:. Karnes; to tbe Committee on Invalid Pensions. States War Vet-er-ans, Racine, Wi:S., urging passage <>f H. R.

By Mr. JOHNSON of West Virgiuia: .& bill (H. R. 8767) 5934, t-0 pensi<Ul soldiers and sailors of the war with Spain, the gnmting an increase of penriiOlil to Rosallne E. Palmer; to the Ph11ippine insurrection, er th~ China relief expedition; to the .Oommitt-ee on Invalid Pemii0ns. , Committee on Pensi~ns.

Also, a @HI (H. R. 8768) granting an ine:rease of pension :to 2456. By Mr. GALLIVAN: Petition of John H. Putnam, 24 Gerutia C. MeDone.ld; m the Committee on InvaUd Pensions. Tho:mton Park, Winthrop, Mass., and others, reeommending · Also, a bill (H. R. 8769} granting an increa.S'e of pension to favorable eonsidera.tion of the Dill radio blll; t6 the Committee

!so.bell Congo; to the Committee on Invalid Pensions. en the Merchant Marine and Fisheries. ' Also, a bill {IL R. 877-0) gra.u.ting an inarea.se of pension to 2457. Also, petitti-0n of the Boston Assaciation of Retail Drug-Harriet Donohue ; to the Committee on Invalid Penswns. gists (Inc.), Boston, Mass., protesting agai-nst -enaetment of

Also, a bill (H. R. 8771) granting an increafte of pensi-on to H. R. 6645, which proposes to pl11ce the SUf)ervision <Xf in-dust-rial Sara.la. P. Deem; to the Conuntttee on Invalid P.ensions. aloohol under tl:l:e prohibition entereement oflleers ; to the Com-. By Mr. KOPP : A bill ( H. n.. 8772) granting a pension to mf.ttee on the Judiciary. Kate Irwin; to the Com:oU.ttee on Iava1id Pet11Sion~ 2458. Also, peUti-on O'.f l\.frs. El. Lynch, 7 R@zeUa Street, Dor-

By )fr. KEARNS! A bill (H. R. 877.3) granting a pension to chester, M~ss., racommen4ing f11vorabie eonsider&ti-on of the Alllgasta Chapmu; to the Committee on Invalid Pensions. Dill r-acUo bill; to the Committee on the Merehant Marine and

By Mr. KELLY: A bill (H. R. 8774) to place th~ name of Fisheries. Edgar B. Ernst upon the retiTed roll Gf the United States Army; 2459. By Mr. GIBSON: Petit10l't of 180 voter~ of the t()wn to the Committee on Military Mairs. of Derby Line, Vt., pl'(;)testing against pr~ed legislation to

By Mr. LYON: A bW (H. R. 877S) au,thoriz.ing the Secretary modify the Volstea-d law and legaUze 2.'i5 ·beer; to the Com­of War to make a survey of Ellzabeth River, N. C.; to the Com- mittee on the iJudict.ary. mittee on Rivers .and Harbors. 2460. Also, petition of officers of the Woman's Cbristian

By Mr. McLAUGHLIN of Michigan: A bill (H. R. 8776) for 'Temperanee Union of Bristol, Vt., protesting aga.iinst proposed the reUef of' Joseph W. J.enes; to the Committee -0m Military -changes in the Vo-ls.tead Act; to the Committee oo the Jndkiary. AffaiM!. 2461. Aloo, petition ~ doors .gf the W-Oman's Christian Tem­

By Mr. RAINEY: A bill (H. R. 8777)° granting a pensl-011 to peranee Union of Rochester, Vt., pr@testing against legalizing Dneinda Betle Burbridge ; to the Committee @n !lnvalid P~nsions. of beer and 1eglslatio0n to weaken the l!lfOhib1tion a<!t; to the

:By Mr. SUl\:IN~S Qf 'l'~ais : A bil1 ( H. R. 8778) for the Committee on the Judlcia:ry. / relief of Wynona A. Dixon ; to the Committee en Claims. 2462. Also. petitlQl.ll of 36 citizens of Plainfield, Vt .. pn>testing

Also, a biU (H. R. 8779) for the relief @f Clarence Cleghorn; . ag'ainst legalizing of beer a:nd against bills that p1•op6Se to to tltle Committee on Clahns. weaken the Federal protnbitioo aet; to the Oom·mittee on the

By 1\fr. THOMAS ot Okla.hGma: A bill (H. R. 87.80) for the 1 J-ndiciary. relief of J. G. Mitchell; to the CGmmittee on Claims. 2463. Also, petiti0n of the secreta'l"Y Gf the Woman'f! CWJ."istian

Also, a bill (H. R. S781) f-0r the relief of H. D. Ingralaam; Temperance Union of Windsor, 1Vt., rirotesting against 'm001fi.ea-to tlle Committee on Claims. tion of the Volstead law ·and legat'izlng beer; to the Cornmf.ttee

Also, a bill (Il. R. 8782) for the relief of Anna Beaver; to the on the Judiciary. Committee on Claims. . . 2464. Also, petition. <>f fhe president ef the Woman's Christian

Also, a blll (IL R .. 8783) for the relief of John H. Ledger- Temperence Unfon of Verm~nit. })l'Otestin-g against legalizing wood; to the Committee on Claims. beer and. a modification of the Volstead Act; to the Committee

Also, a bi11 (I!. R. 8784) for the relief of C. J". Aureli; to the , on the Judiciary. Committee on Claims. 2465. By Mr. MORROW: Petition of the Chamber of Com-

Also. a blll (H. R. 8785) for the relief of S. J. Coffey; ta the merce of East Las Vegas, N. 'Mex., Thomas A. Johnson, presi-Committee on Claims. dent, favoring the Tecomm-endati'Ofl. oi the War Department for

Also, a bill (ll. R. 8786) for the relief of Mrs. C. E. Bear; t.o appropriations for the fiscal year of 1925; to the Committee on the Committee on Cl.aims. Apprepriations.

Al.so, a bill (H. R. 8787) for the relief of Date Crabtree; to 2466. By Mr. PATTERSON: Petition of 110 residents · at the Committee on Claims. Westville. N. J., protestip..g ,against legalizing 2.7o per cent beer;

A.lso, a bill (II. R. 8788) for the relief of Joe Jacobson; to the to the Committee on th,e Judiciary. Committee on Claims. 2467. Also, petition of 33 resiQ.ents of Pe.nns G.r@ve, N. J., ·

Also, a bill. (H. n.. 8189) focr the rel'ie'f o-.f W. Garvin; to the protesting against legalizing 2.75 beer; to the Committee on the Committee on CI.a1m,s. I Judiciary.

Also, a bill (H. R. 8WQ) tor tbe relief of Dr. L. C. Kn.ee; to 2468. Also, peti.tiom. .of 108 resi«l.ents af. Blaekwiood, N. J., tbe Com.lll.ittee on Claims. protesting against le~alizing 2. 75 beer; to the Committee .on the

Also, a bill (H. n.. 87.91) for the relief of Charles Fuson 11.lld ,Judiciary. J. E. Fuson; to the Committee on Claims. 2469. Also, petition of 76 residents of Newfield, N. J"., pro-

.Also, a bill (H. lL 8192) for tba relief of Mrs. E. O. Swisher; testing against legalizing 2.7"5 beer; to the Committee on tl1e to the Committee on Claims. Judiciary.

1924 CONGRESSIONAL RECORD-SEN ATE 6689

'. 2470. Also, petition of 35 residents of Almonesson, . N. J., protesting against legalizing 2. 75 beer ; to the Committee on the Judiciary.

2471. Also, petition of 120 residents of Swedes~oro, N. J., protesting against legalizing 2.7G beer; to the Committee on the Judiciary.

2472. Also, petition of 261 residents of Woodstown, N. J., protesting against legalizing 2.75 beer; ta the Committee on the Judiciary.

2473. By Mr. ROGERS of Massachusetts: Petition of the foreign-trade committee of the Illinois Manufacturers' Associa­tion, favoring H. R. 6357 and H. R. 4517; to the Committee on Foreign Affairs.

2474. By l\Ir. SITES: Papers to accompany H. R. 8750, grant­ing an increase of pension to Mary A. Bowman ; to the Com­mittee on Invalid Pensions.

2475. By Mr. WILLIAMS of ,Michigan: Petitions of the South Albion Women's Club, Albion, Mich., commending work of spe­cial commission on narcotics, 1 and favoring appropriation for sending representatives to forthcoming international confer­ence ; to the Committee on Foreign Affairs.

SENATE SATURDAY, April 19, 19B4

(Legislative day of 'llhursday, A.p1·ii 10, 1924)

The Senate met at 12 o'clock meridian, on the expiration of the recess.

Mr. CURTIS. l\lr. President, I suggest the absence of a quorum.

The PRESIDING OFFIOER (Mr. JONES of Washington in the chair). The Secretary will call the roll.

The reading clerk called the roll, and the following Senators answered to their names : Adams Bull ~~~:~cl Brandegee Brookhart Broussard Bnrsum Cameron Capper Caraway Celt Curtis Dale Dini Dill Erust Ferris

Fess Fletcher Frazier George Gerry Glass Gooding Hale Harris Harrison Heflin Howell Johnson, Calif. Jobnso!k Minni Jones, wash. Kendrick Keyes King

Ladd Lodge McKellar McKinley McLean McNary Mayfield Moses Neely Norbeck Norris Oddie Overman Phipps Pittman Ralston Reed, Pa. Robinson

Sheppard Sltields Sbipstead Shortridge Simmons Smith Smoot Stanfield Stephens Sterling Swanson Trammell Walsh, Mass. Walsh, Mont. Warren Watson Willis

l\Ir. CURTIS. I wish to announce that the Senator from Wisconsin [Mr. LENROOT] is absent on account of illness. I ask that the announcement may stand for the day.

The PRESIDING OFFICER. Seventy-one Senators having answered to their names, a quorum is present.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee, one of its clerks, announced that the House had passed a bill ancl joint resolution of the following titles, in which it requested tl1e concurrence of the Senate:

H. R. 8350. An act making appropriations for the Depart­ments of State and Justice and for the judiciary, and for the Depnrtments of Commerce and Labor, for the fiscal year ending June 30, 1925, and for other purposes; and

H.J. Res. 194. Joint resolution to print as a House document the proceedings of the national encampments of the Grand Army of the Republic, and United Spanish War Veterans, and the American Legion, for the use of the House and Senate.

PETITIONS AND 1IEMORIALS

Second. That sutHcient ap-proprlations should be made annually by Congress for the maintenance of a Navy and Army of sufficient s tL··~ngth

and size to meet any emergency that may arise !or the interest or. the American people ;

Third. That we heartily approve of the proposed defense act In the matter of providing the citizens army, and request and urge the Senators and Congressmen of North Carolina to support said act, and that a sum of not less than $6,000,000 he appropriated by Congress to meet the requirements as designated in said act.

T. L. KIRKPATnICK, President.

C. 0. KUETER, Vice President and Business Managet·.

Mr. WILLIS presented a petition, numerously signed, of sundry citizens of Akron and vicinity, in the State of Ohio, praying for the passage of drastically restrictive immigration legislation, with not greater than 2 per cent quotas based on the 1890 census, which was referred to the Committee on Immi-gration. .

Mr. CAPPER presented a memorial of sundry members of the Woman's National Committee for Law Enforcement, or Clay Center, Kans., remonstrating against the passage of leg­islation modifying the so-called Volstead prohibition act, so as to legalize the manufacture and sale of· beer, which wns referred to the Committee .on the Judiciary.

He also presented the memorial of the Frances '\Villard Woman's Christian Temperance Union, of Liberal Kans. , re­monstrating against the passage of legislation legalizing the the manufacture ancl sale of 2.75 per cent beer, which was re­ferred to the Committee on tile Judiciary.

REPORTS OF C01IMITTEES Mr. BORAH, from the Committee on Education and Labor,

to which was referred the resolution (S. Res. 202) directing the Secretary of Labor to furnish information as to number of nationals admitted into the United States during the past twelve months, reported it with an amendment striking out the preamble.

Mr. KENDRICK, from the Committee on Irrigation and Reclamation, to which was referred tile bill ( S. 2397) to pro­vide for refunds to veterans of the World War of certain amounts paid by them under Federal irrigation projects, re­ported it with amendments.

Mr. BALL, from the Committee on the District of Columbia, to which was referred the bill ( S. 1785) to amend an act en­titled "An act for the regulation of tile practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto," approved June 6, 1892, and . acts amendatory thereof, reported it with amendments and submitted a report (No. 426) thereon.

Mr. SHEPPARD, from the Committee on Military Affairs, to which was referred the bill ( S. 106) for the relief of Robert F. Hamilton, reported it without amendment and submitted u. report (No. 427) thereon.

BILLS INTRODUCED Bills were introduced, read tile first time, and, by unanimous

consent, the second time, and referred as follows: By Mr. SHIPSTEAD : -A bill (S. 3123) authorizing the Secretary of Commerce to

convey certain land to the city of Duluth, Minn.; to the Com­mittee on Commerce.

By l\Ir. DILL: A bill ( S. 3124) granting an increase of pension to Augusta.

J. G. Hall (with accompanying papers) ; to the Committee on Pensions.

By Mr. ADAMS : A bill ( S. 3125) to adjust water assessments and charges on

land under the Uncompahgre reclamation project; ancl A bill ( S. 3126) to prohibit charges upon land und~r recla­

mation projects exceeding the ' estimates of the cost thereof; to the Committee on Irrigation and Reclamation. l\Ir. OVERMAN. I present resolutions adopted by the

Chamber of Commerce of Charlotte, N. C., in favor of adequate AMENDMENTS TO STATE, JUSTICE, ETC., DEPARTMENTS APPROPRIA· avpropriations for the maintenance of the Army and Navy. TION BILL

I ask that the resolutions be printed in the RECORD and referred Mr. REED of Pennsylvania submitted an amendment pro-to the Committee on Appropriations. posing to pay $4,200 to Leonore M. Sorsby, daughter and only

The resolutions were referred to the Committee on Appro- child of William B. Sorsby, late envoy extraordinary and mln­printions and ordered to be printed in the RECORD, as follows: ister plenipotentiary of the United States to Bolivia, as reirn·

CHARLOTTE, N. c., April ts, 1924. bursement for extraordinary expenses incurred for medical Ile it resolved by the board of directors of the Charlotte Chamber attendance, nurses, hospital treatment, and transportation to

of Commerce in meeting assembled: the United States following a stroke of paralysis suffered by Fkst. That 1t is the duty or the Members of Congress to provide full I said William S. Sorsby at his post of duty, La Paz, Bolivia,

and ample funds to afford th'e necessary police protection tor the lives from which he remained wholly disabled until his death, in­and property of the citizens ot the United States Government; tended to be proposed by him to House bill 8350, the State,