CONGRESSIONAL RECORD-SEN ATE

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2744 CONGRESSIONAL RECORD-SEN ATE J .A.NU.ARY 31

CHANGE OF REFERENCE

Under clause 2 of Rule XXII, the Committee on Claims was discharged from the consideration of the bill (S. 3576) for the relief of Margarethe 1\Iurphy, and the same was referred to the Committee on Foreign Affairs.

PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS

Under clause 3 of Rule XXII, bills, resolutions, and memorials were introduced and severally referred as follows :

By Mr. MORIN: A bill (H. R. 12058) to authorize the ap· pointment as a colonel on th~ retired list of the Army, with retired pay, of the person now holding a commission as colonel in the Offieers' Re erve Corps who has served more than 45 years in the military forces of the United States and State of Pennsylvania and ha~ had certain military service ; to the Committee on Military Affairs.

By Mr. GIBSON: A bill (H. R. 12059) to provide for the regulation of motor-vehicle traffic in the District of Columbia, increase the number of judges of the police court, and for other purposes; to the Committee on the District of Columbia.

By :\Ir. TAYLOR of Colorado: A bill (H. R. 12060) to establish a free guide service for the Capitol Building; to the Committee on Accounts.

By Mr . .MOONEY: A bill (H. R. 12061) to authorize the sale of li"hthou e pr.operty and keepers' dwellings thereon at Cleveland, Ohio, and providing m{)re suitable quarters for the lighthouse keeper::- at Cleveland, Ohio ; to the Committee on Interstate and Foreign Commerce.

By Mr. LINEBERGER: A. bill (H. R. 12062) to provide cooperation to ufeg-uard endangered agricultural and municipal interest and to protect the forest cover on the Santa Barbara, Angeles, San Bernardino, and Cleveland National Forests from de truction by fire, and for other pw:poses; to the Committee on .Agriculture.

By Mr. SEARS of Florida (by .request): A bill (H. R. 12063) to authorize the Secretary of War to grant a perpetual ease· ment for railroad right of way over and upon a portion of the military reservation on Anastasia Island, in the State of Florida ; to the Committee on Military Affairs.

By Mr. HILL of Maryland: A bill (H. R. 12064) to recognize and reward the accomplishment of the world :flyers ; to the Committee on Military Affairs.

By Mr. KY ALE : Memorial of the Legislature of the Stat& of Minnesota, urging the Congress of the United States to enact legil:lation restoring equality to agriculture through creation of an export corporation ; to the Committee on ~ooriculture.

PRIVATE BILLS AND RESOLUTIONS

Under clause 1 of Rule XXII, private bills and resolutions were introduced and severally referred as follows:

By MT. COLE of Ohio: A bill (H. R. 12065) granting an in· crea e of pension to Susan Williams; to the Committee on Invalid Pensions.

By Mr. McSWEENEY: A bill (H. R. 12066) granting a pen· sion to Agnes V. Kready; to the Committee on Peru;ions.

By Mr. MAJOR of 11linois: A bill (H. R. 12067) granting an increa e of pension to Nancy H. Berry ; to the Commfttee on In-valid Pensions.

By Mr. PERLMAN: A bill (H. R. 12068) for the relief of R. S. Howard Co.; to the Committee on War Claims.

By Mr. SEARS of Nebraska: A bill (H. R. 12069) granting an increase of pension to Lydia A. Raynor ; to the Committee on In-valid Pensions.

Also, a bill (H. R. 12070) granting a pension to Louise J. Eller; to the Committee on Invalid Pensions.

Bv Mr. STEAGALL: A bill (H. R. 12071) permitting the sale· of lot 9, 16.63 acres, in section 31, township 2 south, range 17 west, in Bay County, l!'la., toP. C. Black; to the Committee on the Public Land .

By Mr. SWOOPE: A bill (H. R. 12072) granting an increase of pension to Elizabefh Longenecker ; to the Committee on Invalid Pension .

By Mr. TEMPLE: A bill (H. R. 12073) granting ~ pension to 1\Iaggie E. Anderson ; to the Committee on Invalid Pensions.

By Mr. VAILE: A bill (H. R. 12074) granting a pension to Mary E. Barnes ; to the Committee on Invalid Pensions.

Al o, a bill · (H. R. 12075) granting a pension to Susan A. Drake; to the Committee on Invalid Pensions.

Also, a bill (H. R. 12076) granting a pension to Mary J. Edwards; to the Committee on Invalid Pensions.

Also, a bill (H. R. 12077) granting a pension to Clara J. Horner ; to the Committee on Invalid Pensions.

Also, a bill (H. R. 12078) granting a pension to Mary Ann Sinclair; to the Committee on Invalid Pensions.

Also, a bill (H. R. 12079) granting a pension to Elizabeth Thomas; to the Committee on Invalid Pensions.

By 1\Ir. Vll~SON of Kentucky: A bill (H. R. 120 0) granting a pension to Mary E. Voorheis; to the Committee on Invalid Pensions.

Also, a bill (H. R. 12081) granting an increase of pension to Sewell C. Rose ; to the Committee on Invalid Pensions.

By Mr. WYANT: A biU (H. R. 12082) granting an increase of pension to Martha J. McLaughlin; to the Committee on Invalid Pensions.

PETITIONS, ETC.

Under clause 1 of Rule XXII, petitions and papers were lald on the Clerk's d~sk and referred as follows:

3606. By the SPEAKER (by request): Petition of Woman's Republican Club (Inc.), New York City, . Y., urging Congress to enact House bill 9225, providing punishment for sending propaganda against the Government through the mails; to the Committee on the Post Office and Post Roads.

3607. By Mr. BIXLER: Petition of citizens of North Warren, Warren County, Pa., opposing Sunday observance legislation; to the Committee on the Judiciary.

3608. Al o, petition of Oil City Rotary Club, Oil City, Pa., favoring increase of appropriations to Bureau of Fisheries, Department of Commerce ; to the Committee on Appropriations.

3609. By Mr. HOWARD of Nebraska: Petition of citizens of Tekamah, Nebr., opposing the enactment of compulsory Sunday observance legislation; to the Committee on the District of Columbia.

3610. By Mr. MORROW: Petition of the Chaves County (N. Mex.) Game Protective As ociation, in favor of the game refuge bill ; to the Committee on Agriculture.

3611. By .1\fr. O'CONNELL of New York: Petition of the City Club of New York, favoring the passag..J of House bill 7014 and Senate bill 2287 ; to the Committee on Military Affairs.

3612. Al o, petition of the Chamber of Commerce of the State of New York, favoring the passage of House bill 7014; to the Committee on Military Affairs.

3613. Also, petition of the New York Life Insurance Co. opposing the passage of House bill 11078 and Senate bill 3764, known as " the District of Columbia rent act " ; to the Committee on the District of Columbia.

3614. Also, petition of the Eberhard Faber Pencil Co. of Brooklyn, N. Y., favoring the passage of House bill 9629, "reorganization bill " : to the Committee on the Ci--vil Service.

3615. By Mr. SWING: Petition of citizens of Anaheim, Calif., protesting again t compulsory Sunday obse1•vance laws; to the Committee on the District of Columbia.

SENATE SATURDAY, January 31, 19~5

The Chaplain, Rev. J. J. Muir, D. D., offer·ed the following prayer:

Our Father and our God, always remembering our needs and seeking our highest good, we humbly beseech of Thee to accept our thanks this morning, and grant unto us constantly a realization of Thy nearness, so that whatever we may do, or say, or think may be agreeable to Thy good pleasure. Help us in matters of deepest moment, and when perplexities multiply may we find for ourselves that Thou bast opened a pathway toward which righteousness tends and that the highe t excellencies of Government shall be realized in and through us. Hettr us, help us, be with us always. We ask in Jesus' name. Amen.

The reading clerk · proceeded to read the Journal of the proceedings of the legislative day of Monday, January 26, 1925, when, on request of Mr. CURTIS and by unanimous con ent, the further reading was _dispensed with and the Journal ~ as ap-proved.

SENATOR FROM TENNESSEE

The PRESIDENT pro tempore laid before the Senate the credentials of L. D. TY.SON, elected a Senator from the State of Tennessee for the term beginning on the 4th day of March, 1925, which were read and ordered to be filed, as follows:

1925 CONGRESSIONAL RECORD--SEN ATE 2745 STAUJ OF T~NmssEE,

l)EPABTMENT OF STATE.

To the PRESIDENT OF THE SENATE OF THE UNITED STA'fKS:

This is to certify that on the 4th day of November, 1924~ L. D. TYSON was duly chosen by the qualified electors of. the State of 'Xennessee a Senator from said State.. to represent said State in the Senate o1 the United States for the term of six years, begillning o.n the 4th day of March, 1925.

Witness : His excellency our governor~ Austi.n Peay, and our seal hereto affixed at Nashv1lle, this 14th day of. January, in the yea.r of our Lord 1925.

AUSTIN ~Y, GoV&J'tJOr,

In witness whereof, I have here.to affixed my signature and the great seal of the State, at Nashville, this 14th day o! January, in the year of our Lord 1925.

[SEAJ,,) E. N. HASTON,

Secretary of State.

FEDERAL INDUSTRIAL INSTITUTION FOR WOMJ!;N

The PRESIDENT pro tempore laid before tbe Senate a letter signed by the Attorney General, the Secretary of the Interior, and the Secretary of Labor, reporting, in compliance with law, upon the selection of a site for the Federal Industrial Institution for Women, which was referred to the Committee on the Judiciary and ordered to be printed in the RECORD, as follows:

HoD . .A. B. CUMMINS,

OFFICE- OF THE ATTORNEY GE~EBAL, Washington, D. a., Januaru 29, 1925.

President of tlie Senate, Washington, D~ a. MY DEAlt MR. P&ESIDEN'r : In. compliance with section 2 of tbe act

of June 7, 1924, "For the establishment of a Fedel'al lndustrial Institution for Women," we have the honor to report tbat we have selected Alderson, w: Va., as the site for the institution in questiDn.

We have examined into the merits of the respective sites ofl:ered, and have fixed upon .Alderson, W. Va., not only because tbe n.atural advantages of the locatio.n are equal to tbose found at any other site available, but because (1) a tract of land comprising 202 acres, known as the " Rose farm,'' situated in Monroe. and Summers •Counties, W. Va., is to be donated free of cost to the United States Go>ernme.nt, (2) 300 acres of adjoining farm land comprised in ·the " Nash farm" can be. purchased for $4;8,000, (3) the town Qf Alderson bas agreed to cooperate with the Government in- securing- an adequate. water supply for the insti,tutiDn, and ( 4:) necessa.r_y terminal facilities will be provided by the railroad companies,

Respectfully, HARLAN F. STON»,

Attorney G~neral. HUBlll~ WORK,

Secretary of the Interior. JAMES J. DAVIS, · Secretary of Labor.

REPORT OF THE CAPI'fAL TRACTION CO.

The PRESIDENT pro tempore laid before the Senate thereport of the Capital Traction Co., submitted pursuant to law, for the year ended December 31, 1924, which was referred to the Committee on the District of Columbia.

PETITIONS AND MEMOBUI.S

Mr~ FESS presented resolutions of the East Cleveland (Ohio) Chamber of Commerce, favoring the participation of the United States in the Wodd Court under the terms of the so-called Harding-Hughes plan, whidl were referr.ed to the Committee on Foreign Relations.

Mr. CAPPER presented resolutions. of the Kansas State- Board of Agriculture, favoring the imposition of a sales tax on lu::tw·ies and a tariff duty on hides, which were referred to the Committee. on Finance.

He also pre-sented a memorial of sundry citizens of Eldorado, Kans., remonstrating against the passage of the so-called. compulsory Sunday observance bill for the District of Columbia, which was referred to the Committee on the District of Columbia.

Mr. BROOKHART presented the petition ot Mrs. J. M. Williams and sundry other members of the Lowell Club, of Boone Iowa, praying for the adherence of. the United States to the World Court under the terms of the sa-called Harding-Hughes plan, which was referred to the Committee. on Foreign Relations.

He also presented the memorial of B. F. Carvin~s and sundry other.. citizens of Wa.r~en County, Iowa, remo·nstratin!J' aga.iD.st the passage of the so-called compulsor_y Sunuay obs r~: ance bill for the District of Columbia, which was. refe_rred to the Committee oo the District of Columbia.

REPOR'l.'S OF COMMITTEES

Mr. PEPPER, from the Committee on the Library, to which was referred the joint resotution ( S. J. Res. 178) to provide for the loaning to the Pennsylvania Academy of the Fine Arts of the portraits of Daniel Webster and Henry Clay, reported it without amendment.

He also, from the same committee, to which was referred the. bill ( S. 389l)) to create a Library of Congress Trust Fund Board,. and for other purposes, reported it with amendments.

:Mr. WADSWORTH, from. the Committee on Military Affairs, to which were referred the following bills, reported them each without amendment and submitted reports thereon :

A bill ( s~ 3824) to provide for· the appointment of a leader of the Army band ( Rept. No. 948) ; and

A bill ( S. 4010) to amend· the national defense act of 1916-, as amended (Rept. No. 949).

Mr. WILLIS, from the Committee on Territories and Insular Possessions, to which was referred'the bill (H: R. 4825) for the establishment of industrial schools f-or Alaskan native children, and for other purposes, reported it without amendment and submitted a report (No. 954) thereon..

Mr. Kllli."U>RICK, from the Committee qn Irrigation and Reclamation, to which was retecred the bill ( S. 4151) to provide for aided and directed settlement on Government land in irrigation projec~, reported it without amendment and submitted a report (No. 955) thereon.

:Mr. REED of Pennsylvania. from_ the: Committee on Military Affairs, to which was referred the bill ( S. 2941.) authorizing the President of the United States to. appoint Philip T. Coffey to the position and rank of captain in the United States Army and immediately t-etire him with the r1:1llk.. and pay held by him. at the time of his discharge, reported it with amendments and submitt"Sd a report (No. 956) thereon.

Mr. BROOKHART, from the Committee on Claims, to which was referred the bill (H. R. 6695) authorizing the .owners of t}le steamship Malta Maru-. to bring suit against the United States of America. r.eported it without amendment and: sub· mitted a report (No. 960) thereon.

COLUMBIA RIVER BRIDGE

Mr. JONES of Washington. From tbe Committee on Commerce I report- back. favorably with an amendment the bill (H. R. 10533) granting- the consent of Congress to the State of Washington to construct, maintain, and operate a bridge across the Columbia River, and I submit a report- (No. 950) thereon. I ask unanim.ou consent for tbe. nreseut considera-tion of the bill. -

There being no objection, the bill was considered as. in Committee of the Whole.

The amendment was, on page 1 line 4; to str:ike out the words " its-successors," so M to mate the bill read:

Ba it enacted, eto., 'Ulat:- the consent of Congress is- hereby granted to the State of Washington, and assigns, to construct, maintain, and operate a bridge. and approaches thereto acr.osli tbe Columbia. River, at a point suitable to the interests of navigatio14 approximately 1 mile south of the toWll ot Chelan Falls, in- the Stat~ ot Wa.shington, in accordan.ce with th-e· provisions of the aet entitled "An act to regulate th& construction o( bridges over nayigable. waters," approved March 23, 1906.

SE!:. 2. That the rjgllt to alter; amend, or repeal this act 1B hereby expressly reserved.

The amendment w~ agreed to. The bill was reported to the Senate as amended, and the

amendment was concurred in. The amendment was ordered to be engros ed and the bill to

be read a: third time. The biU was read the third time, a:nd passed.

BlO GRANDE DIVER BRIDGE

Mr. SHEPPARD. From. the Committee on (Jommerce I report back favorably without amendment the bill (H. R. 10645) granting consent of Congress to the Valley Bridge Co. for construction of a bridge across the Rio Grande near Hidalgo, Tex., and I submit a report (No. 951) thereon. I ask unanimous consent for the pre.sent consideration of the bill.

There being no objection, the bjll was consid.ered as in Committee of the-Whole and was :tead, as follows:

Be it enacted, etc., That the cons®t of Congress be, and is hereby, granted to the Valley Bridge- Co., a corporatio.n. organized under the laws of Texa , to con truct, maintain., and operate a bridge and approache tbe]!eto, a.t a paint suitable to the interests of navigation across the Rio Grande near Hidalgo, Tex., in accordance with the pro-

2746 CONGRESSIONAL RECORD-SENATE JANUARY 31

visions of an act entitled "A.n act to regulate the construction of bridges across navigable waters," approved March 23, 1906 : Prorided, That the consent of the proper authorities of the Republic of Mexico to the construction, maintenance, and operation of the bridge shall also be obtained.

SEC. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.

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

TE~:KESSEE RIVER BRIDGE

Mr. SHEPPARD. From the Committee on Commerce I report back favorably without amendment the bill (H. R. 10150) to revive and reenact the act· entitled "An act to authorize the consh'uction of a bridge across the Tennessee River at or near the city of Decatur, Ala.," approved November 19, 1919, and I submit a report (No. 952) thereon. I ask unanimous consent for the present consideration of the bill.

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

Be it enacted, etc., That the act approved November 19, 1919, authorizing the Limestone-Morgan Bridge Co. to construct, maintain, and operate a highway and interurban railway bridge and approaches thereto across the Tennessee River at or near the city of Decatur, Ala., be, and the same is hereby, revived and reenacted: Pro1;ided, That this act shall be null and void unless the actual construction or the bridge hereby authorized be commenced within one year and completed within three years from the date of approval hereof.

SEc. 2. The State of Alabama shall have the right and power at any time after such authorization is granted to acquire said bridge and approaches thereto constructed under the authority of this act at a reasonable price, such price not to exceed in any event the actual necessary cost thereof, less reasonable depreciation : Provided, That the said State of Alabama shall operate and maintain the same -as a free bridge, either immediately upon acquiring it or aftet· collecting tolls thereon for such period as may be necessary to reimburse the State the cost of its acquisition and to meet the necessary repair, maintenance, and operation costs during such period.



PEARL RrvER BRIDGE

1\:Ir. SJ;IEPPARD. From the Committee on Commerce I report back favorably with amendments the bill ( S. 3782) granting the consent of Congress to the Great Southern Lumber Co., a corporation of the State of Pennsylvania, doing business in the State of Mississippi, to construct a railroad bridge across Pearl Riv-er at approximately 1% miles north of Georgetown, in the State of Mississi'ppi, and I submit a report (No. 953) thereon. I ask unanimous consent for the present consideration of the bill.

There being no objection, the bill was considered as in Committee of the Whole.

The amendments were, on page 1, line 3, to strike out all after the word " the,'' where it occurs the first time, down to the word "approximately," on page 2, line 1, and insert "times for commencing and completing the construction of a bridge authorized by act of Congress approved January 31, 1923, to be built by the Great Southern Lumber Co. across the Pearl River ~t " ; and in line 2, page 2, to strike out after the word " Mississippi " and the comma, the remainder of the bill down to and includirig the figures " 1906," on page 2, line 5, and insert "are hereby extended one and three years, respectively, from the date of approval hereof," so as to make the bill read:

Be it enactea, etc., That the times for commencing and completing the construction of a bridge authorized by act of Congress apttroved January .31, 1923, to be built by the Great Southern Lumber Co. across the Pearl River at approximately llh miles north of Georgetown, in the State of ~ns is ippi,· are hereby extended one and three years, respectively, from the date of appro>al hereof.


The amendments were agreed to. The bill was reported to the Senate as amended, and the

amendme.nts were concurred in. The bill was ordered to be engrossed for a third reading,

read the third time, and passed. The title was amended so as to read: "A bill to extend the

time for the construction of a bridge across Pearl River at approximately 1% miles north of Georgetown. in the State of Mississippi."

BILLS .AND JOINT RESOLUTION INTRODUCED

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

By Mr. McNARY: A bill ( S. 4158) to prevent a recurrence of agricultural d~

press:on ; to place agricultural commodities upon an equality under the tariff laws with other commoditie ; to place agriculture upon an equality with indu try and labor ; and for other purposes ; to the Committee on Agriculture and Forestry.

By 1\lr. MOSES: A bill ( S. 4159) granting a pension to V\:''illiam H. Davis

(with accompanying papers) ; to the Committee on Pensions. By Mr. BUTLER: A bill ( S. 4160) granting an increase of pension to Richard

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

By Mr. WADSWORTH: A bill ( S. 4161) authorizing the transfer ~f abandoned and

unused lighthouse-re ·ervation lands and buildings to States, counties, or municipalities for public-park purposes, and authorizing the transfer of lighthou e-reservation lands and buildings in exchange for other real property, and for other purposes; tQ the Committee on Commerce.

By Mr. JONES of Washington: A bill ( S. 4162) to establish home ports of Yes els of the

United States, to validate documents relating to such vessels, and for other pm·poses ; to the Committee on Commerce.

A bill ( S. 4163) for the relief of Heimo Sarkkinen; to the Committee on Claims.

By 1\Ir. TRAMMELL: A b:ll ( S. 4164) for the purchase of a site and the erection

of a post-office building thereon at West Palm Beach, Fla.; A bill ( S. 4165) for the erection of a public building for a

po t office and other purposes at Key West, Fht. ; A bill (S. 4166) for the purchase of a site and the erection

of a post-office building thereon at Montrcello, Fla. ; A bill ( S. 4167) to enlarge, e~:tend, remodel, etc., public

building at Miami, Fla.; A bill ( S. 4168) for the purchase of a site and the erection

of a post-office building thereon at Daytona, Fla. ; A bill ( S. 4169) for the purchase of a site and the erection

of a post-office building thereon at Fort Myers, Fla. ; A bill ( S. 4170) for the ·pm·chase of a site and the erection

of a post-office building thereon at Madison, Fla. ; A bill ( S. 4171) for the purchase of a site and the erection

of a post-office building thereon at Quincy, Fla. ; A bill (S. 4172) for the purchase of a site and the erection

of a post-office buildi,ng thereon at De Funiak Springs, Fla. ; A bill (S. 4173) for the purchase of a site and the erection

of a post-office building thereon at Milton, Fla.; A bill ( S. 4174) for the purchase of a site and the erection

of a post-office building thereon at Clearwater, Fla.; A bill ( S. 4175) for the purchase of a site and the erection

of a post-office building thereon at Fort Pierce, Fla.; A bill ( S. 4176) for the purchase of a site and the erection

of a post-office building thereon at Starke, Fla. ; and A bill (S. 4177) for the purchase of a site and the erection of

a post-office building thereon at Perry, Fla. ; to the Committee on Public Buildings and Grounds.

By Mr. EDGE: A bill (S. 4178) to authorize the Port of :Kew York Author

ity to construct, operate, maintain, and own a bridge acro~s the Hudson River between the States of New York and New Jersey; and

A bill (S. 4179) to authorize the Port of New York Authority to construct, operate, maintain, and own bridges across the Arthur Kill between the States of New Yo1·k and New Jersey ; to the Committee on Commerce.

By 1\Ir. FLETCHER: A bill ( S. 4180) for the relief of H. C. Magoon ; to the Com

mittee on Claims. By 1\Ir. WALSH of Massachusetts: A bill ( S. 4181) granting a pension to Anasta ia Carroll

(with accompanying papers) ; to the Committee on Pensions. By Mr. PHIPPS: A bill (S. 4182) granting a pension to Uly · es G. Jones; to

the Committee on Pensions. By Mr. JONES of Washington: A joint resolution ( S. J. Res. 180) authorizing and request

ing the Postmaster General to design and issue a special postage stamp to commemorate the one hundredth anniversary of the founding of Fort Vancouver, Wash.; and in recognition of

1925 CONGRESSIONAL RECORD-SENATE 2747 the Fort Vancouver centennial celebration in 1925 (with accompanying papers) ; to the Committee on Post Offices and Post Roads.

AMENDMENT TO GOOD ROADS BILL

Mr. CURTIS submitted an amendment intended to be proposed by him to the bill (H. R. 4971) to amend the act entitled "An act to provide that the Unitw States shall aid the States in the construction of rural post roads, and for other purposes," appro-ved .July 11, 1916, as amended and supplemented, and for other purpose , which. was ordered to lie on the table and to be printed.

AMENDMENT TO RIVERS AND HARBORS BILL

Mr. HEFLIN submitted an amendment intended to l;>e proposed by him to the bill (H. R. 114-72) authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes, which was referred to the Committee on Commerce, and ordered to be printed.

CHANGES OF REFERENCE

.Mr. J01..1ES of Washington. Mr. President, Senate bill 4133, authorizing the Secretary of War to award the congres ional medal of honor to Theophile A._ Dauphin, was referred to the Committee on Commerce by mistake. The bill should go to the Committee on l\lilitary Affairs, and I ask una.ni.m.ous consent tllat the Committee on Commerce be discharged from its further consi<l~ration, and that the bill may be referred to the Committee on Military Affairs.

The PRESIDING OFFICER (Mr. FEss in the chair). Without objection, it is so ordered.

Mr. STERLING. Mr. President, the statement of the Senator from Washington in regard to anoth~r bill reminds me that House bill 646, to make valid and enforceable written provisions or agreements for arbitration of disputes arising out of contracts, maritime transactions, or commerce among the States or Territories or with foreign nations, is identical with Senate bill 1005. The House bill came to the Senate and inadvertently was referred to the Committee on Commerce, instead or the Committee on the Judiciary. I ask that the Committee on Commerce be discharged from the further consideration of that bill and that it may be referred to the Committee on the Judiciary.

Mr. JONES of Washington. I have no objection to that. The PRESIDING OFFICER. Without objection the change

of reference will be made. The Chair hears no objection. REUBEN B. HUNTER

Mr. CAPPER submitted the following report:

, The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 353) for the relief of Reuben R. Hunter, having met~ after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amend-ment of the House numbered 1 ; and agree to the same.

ARTHUR CAPPER, SELDE...~ P. SPENCER, THOMAS F. BAYARD,

Ma'nagers on the part of the Senate. GEORGE W. EDMONDS, CHARLES L. UNDERHILL, JoHN C. Box,

Managers on the part of tke HouB'e.

Mr. FLETCHER. May I ask the Senator from Kansas to explain the report.

Mr. CAPPER. The beneficiary was an employee of the Government who had a claim. against the Government for personal injuries. The House reduced the allowance to $3,000. The Senate conferees have agreed to the reduction made by the House.

The report was agreed to. PRESIDENTIAL APPROV ALB-

A me~sage from the President of the United States by Mr. Latta, one of his secretaries, announced that the President had approved and signed acts and a joint resolution of the following titles:

On January 29, 1925: S.1656. An act granting the consent and aJ)proval of Con

gress to the La Plata River compact; S. 1976. An act for the relief of the Commercial Union As

surance C. (Ltd.), Federal Insurance Co., American & Foreign Marine Insurance Co., Queen Insurance Co. of America Fireman's Fund Insuranee Co., St. Paul Fire & Marine Ins{n·ance Co., and the United States Lloyds; and

S. 2764. An act authorizing the President to order Leo P. Quinn before a retiring board for a rehearing of his case and · upon the findings of such board either confirm his discharge or place him on the retired list with the rank and pay held by him at the time of his discharge.

On January 30, 1925: S. 38-7. An act to prescribe the method of capital punishment

in the District of Columbia ; S. 1179. An act to authorize the Coiillllissioners of the Dis

trict of Coln.mbia to close certain. treets, roads, or highways in the District of Columbia rendered useless or unnecessary by rea on of the opening, extension, widening, or straightening, in accordance with the highway plan of other streets, roads, oc highways in the District of Columbia, and for other purposes;

S. 1665. An act to provide for the payment of one-half the cost of the construction 'Of a bridge across the San Juan River, N.Mex.;

S. 3509. An act to change the time for the holding of terms of court in the eastern district of S<tuth Carolina ; and

S. J. Res.107. Joint resolutton directing the Interstate Com~ merce Commission to take action relative to adjustments in the rate structure of common carriers subject to the interstat~ commerce act, and the firing of rates and charges.

On January 31, 1925: S. 51. An act for the relief of the owner of the schooner J

Itasca. · PAN AMERICAN EDUCATIONAL CONFERENCE (S. DOC. NO. 191}

The PRESIDENT pro tempore laid before the Senate the following message from the President of the United States, which was read and, with the accompanying papers, referred to the Committee on Appropriatiens- and ordered to be printed: To the Congress of thB United States:

I transmit herewith a: report by the Secretary of State concerning participation by the Go-vernment of the United States in the Pan American Educational Conferencey which, in pursuance of a resolution: of the Fifth International Conference. of American States, will be held at Santiago, Chile, in September, 1925... A copy of the proposed agenda of the conferen~e is annexed to the report.

I request of Congress legislation authorizing" and providing 11n appropriation. of $24,230 for the expenses of delegates of the United States and their clerical and other assistants to the said conference, in accordance with the budget incorporated in the Secretary of State's report.

The attention of Congress is invited to the interest shown in this conference by educators in the United States, as illu:sb."a.ted in the memorandum accompanying the Secretary of State's report.

CALVL"i COOLIDGE. THE WHITE HOUSE,

Waslllington, January S1, 1925.

The PRESIDENT pro tempore. Morning business is closed. POSTAL SAL.ARIES AND POSTAL RATES

Mr. :MOSES. Mr. President, yesterday in the course of the discussion of the postal rates .bill, which the Senate passed during the afternoon, I promised to present my estimate of the sums to be raised by the measure under the different classifications of rates and mail matter, and I now wish to present the data. I shall ask to have the table which I bold in my hand printed in the RECORD as a part of my remarks, but before I submit it I wish to make certain observations regarding the __,----: figures which it ·contains. ,/

From the first-class mail matter my estimate is that we shall ' derive $12,500,000. This is based upon the estimate of the Post Office Department of 12•500,000,000 private mailing cards and post ca~ds.

From second-cia s mail matter, namely, periodical and newspapers, I estimate that we shall derive $2,000,000 additional revenue. In connection with this I should state that the greater part of this added revenue will be deri-ved, as I new it, from the increase in the volume of second-class mail which will be drawn back into the Postal Service.

From the second-class transient mail my estimate is that we shall deri-ve $1,000,000 added re-venue, and that is based upon the fiooures of the Post Office Department showing the volume of that class of mail, which is readily ascertainable.

I estimate that from the third-~Iass mail, by the transfer of all packages less than 4 ounces in weight from fourth class to third class, we will increase the revenue by $3,000,000.

I estimate that in the fourth class, under the ~rvice charge of 1 cent as voted by the Senate in adopting the amendment proposed by the Senator from Tennessee [Mr. McKELLAR], we shall derive $9,000,000.

. '

2748 CONGRESSION 1\L RECORD-SEN ATE JANUARY 31

I estimate that from the use of the expedition stamp, which is the 25-cent charge for special handling of parcels-post packages, we shall derive $6,750,000. This estimate is based upon the assumption that no more than ~ per ~ent of ~he parcel-post packages will make use of th1s spectal serVIce. It is my personal opinion that a much larger percentage than

rates as passed by the Senate yesterday, I have to inform you as follows:

It is estimated that under the bill as passed by the Senate the following increase and decrease of revenues will result :

3 per cent of the parcel post will carry this charge. From the added fees for insurance of packages in the

third and fourth class mail I estimate that we shall receive $3,000,000 additional, and that is the figure stated by the Post Office Department. .

From the increased fees for money orders I estimate that we shall receive $3,500,000, and this is also the estimate of the Post Office Department.

From the increase in fees for registration I estimate we shall procure $4,000,000 additional revenue, and this, too, is the estimate of the Post Office Department. · From the increase of fees on C. 0. D. packages in the third and fourth classes I estimate an added revenue of $1,000,000, and this too is the estimate of ili.e Post Office Department.

From 'the increase in fees for special delivery I estimate an additional revenue of $900,000, and this also bears the sacrosanct stamp of approval of the Post Office Department.

. The total which I estimate the bill as passed by the Senate will add to the postal revenues is $46,650,000. .

I ask that the table which I send to the desk may be mserted in the RECORD as a part of my remarks.

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

The table is as follows : F1rst class------------------------------------------ $1~, ggg.ggg Second class--------------------------------------- ' coo' 000 Second class, transient------------------------------- 1, I , Third class, by transfer from fourth class-------------- 3, 000, 000 Fourth class, service charge-------------------------- 9, OQO, 000 Expedition stamP------------------------------------ 6, 7n0, 000 Insurance------------------------------------------ 3,000,000 l!oney orders--------------------------------------- 3,500,000

~~glr~----=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=- t: ggg: ggg Special deliverY------------------------------------- 900,000

Total---------------------------------------- 46,650,000

1\Ir. NORRIS. Mr. President, may I ask the Senator a question before he surrenders the floor?

Mr. MOSES. Certainly. 1\Ir. NORRIS. A part of the estimates at least, it seems to

me, would bring about an increase of expenses. For instance, the 25-cent stamp to be put on parcels that will enable them to travel as first-class mail would increase the amount of the space necessary to be hired, would it not?

Mr. MOSES. I do not think so, to any material extent, because, except on :fast through trains, the parcel-post packages go along with the first-class matter, and in many of the closed pouches that are put off at intermediate stations they go in the same -way.

1\Ir. NORRIS. Has the Senator deducted anything from any estimates on account of any increase in expense to the Government that it might bring about or would bring about?

Mr. MOSES. No; I have not, 1\Ir. President, except with reference to the transfer of the 4-ounce p·ackages from fourth to third class. I estimate a very great reduction in the volume of parcel-post mail.

Mr. WILLIS subsequently said: Mr. President, this morning the Senator from New Hampshire [Mr. MosEs] submitted a very interesting analysis of and some statements relative to the amount of revenue to be produced by the bill which passed the Senate yesterday increasing postal salaries and postal rates. I got into communication with the Post Office Department and have secured from that source the estimate made .by the department. I think it is u eful as public information, and I ask to have it printed in the REcoRD.

Mr. CARAWAY. Mr. President, I understand that in an hour or two we will have the bill back here, so that if the Senator had waited--

Mr. WILLIS. I thought it desirable to get this information in the RECORD before the bill came back.

The PRESIDING OFFICER (Mr. FEss in the chair). Is there objection to the request of the Senator from Ohio?

There being no objection, the matter was ordered to be printed in the RECORD, as follows:

OFFICE OF THE POSTMA.STER GENERAL,

Washi.ngton, D. 0., Jam"ary 31, 1925. Hon. FRANK B. WILLIS,

United States Senate. MY DEAR SENATOR : In response to your telephone request for a

statement us to the effect of Senate bill 3674 as it relates to postal

Decrease Increase

K~~rcrr.SS:----------------------~ ------------------- -------------- $6,250,000. oo

fill~~!!!!!!!!!!!!!!!!!!!!!!!!!!-::::: $!,~~:·7

: -;!~ii TotaL------------------------------------------ 1, 644,560.47 32,874,517.42

1, 644, 560. 47

Net gain----------------------------------------- -------------- 31,229,956.95

These rates, according to the bill, will go into effect April 15 and produce for the present fiscal year about $6,506,000, whereas the salary increases, as the bill now stands, will go into effect last July 1st and entail an expenditure for the fiscal year of approximately $68,000,000.

Sincerely yours,

THE CALENDAR

!lARRY S. NEW, Postmaster General.

Mr. CURTIS. Mr. President, I wish to submit a unanimous consent agreement. I ask unanimous consent that the Senate proceed to the consideration of the calendar under Rule VIII until 2 o'clock; that at 2 o'clock the unfinished business be temporarily laid aside ; that the remainder of the afternoon be devoted to unobjected bills on the calendar ; and that debate be limited after 2 o'clock to five minutes.

l\Ir. MOSES. Should the unanimous-consent request be granted the remainder of the day will be consumed in the consideration of the calendar?

Mr. CURTIS. Yes. The PRESIDENT pro tempore. Is there objection to the

1·equest for unanimous consent which has been preferred by the Senator from Kansas?

l\Ir. HEFLIN. Mr. President, I .should like to secure an agreement for the consideration and passage of the roads bill, which has been made the unfinished business. I do not think it will take long ; probably it will not consume over 10 minutes.

l\lr. MOSES. I think it will. Mr. CURTIS. There are some amendments to be offered to

that bill, and we shall take it up on Monday. As I understand, the Senator from South Dakota [Mr. STERLING], who is m charge of the bill, is perfectly willing to have that done. So I hope the Senator from Alabama will not object to the unani mous-consent agreement which I have asked.

Mr. HEFLIN. With that understanding, I shall not object. The PRESIDENT pro tempore. Is there objection? Mr. FESS. Mr. President, I should like to ask the Senator

from Kansas [Mr. CURTIS] a question. Is it proposed that we shall proceed with unobjected bills on the calendar until 2 o'clock?

Mr. CURTIS. No ; my request is that we shall proceed with the calendar under Rule VIII until 2 o'clock.

Mr. FESS. That is satisfactory to me. 1\lr. FLETCHER. Would there me an objection to beginnini'

the consideration of the calendar where we left off the last time the calendar was before the Senate?

Mr. CURTIS. I should have no objection to that, but I understand that the Senator from Maryland [Mr. BRUOE] has one bill on the calendar that he should like to have reached, which is before the point where the calendar was left off. I therefore ask that we begin the consideration of the calendar "ith the first bill.

The PRESIDENT pro tempore. The Chair did not under stand the modification of the unanimous-consent request sug-gested by the Senator from Florida.

Mr. FLETCHER. I merely inquired whether we might not begin the consideration of the calendar where we left off when it was last before the Senate, but there seems to be a question about that, and so I withdraw the suggestion.

Mr. BRUCE. I thank the Senator. Mr. SMOOT. Mr. President, I suggest the absence of a

quorum. The PRESIDENT pro tempore. Does the Senator from Utah

desire that a quorum shall be present before the unanimous consent agreement shall be made? Without objection, th~

1925 CONGRESSIONAL RECORD-SENATE 2749 unanimous-consent agreement is entered into. The Secretary will call the roll.

The roll was called, and the following Senators answered to their names : Ashurst Edge Jones, N. Mex, Reed, Pa. Ball Ernst Jones, Wash. Sheppard Bayard Ferris Kendrick Shipstead Bingham l•'ess McKellar Shortridge Borah Fletcher McKinley Simmons Brookhart Frazier McLean Smoot Bruce George McNary Spencer Bursum Glass Means Stanfield Butler Gooding Metcalt Sterling Cameron Greene Moses Swanson Capper Hale Neely Trammell Caraway Harreld Norbeck Wadsworth Copeland Harris Norris Walsh, Mass. Couzens Harrll:on Oddie Walsh, Mont. Cummins Heflin Overman Warren Curtis Howell Pepper Watson Dial Johnson, Callf. Phipps Wheeler Dill Johnson, Minn. Reed, Mo. Willis

Mr. HARRISON. :Mr. President, I desire to announce that tlle junior Senator from Utah [Mr. KING] is necessarily absent on account of illness.

The PRESIDENT pro tempore. Seventy-two Senators have answered to the roll call. There is a quorum present. The Secretary will state the first bill on the calendar.

The bill (S. 55) making an appropriation to pay the State of Massachusetts for expenses incurred and paid, at the request of the President, in protecting the harbors and fortifying the coast during the Civil War, in accordance with the findings of the Court of Claims and Senate Report No. 764:, Sixty-sixth Congress, third session, was announced as first in order.

Mr. DIAL. I ask that that bill go over. The PRESIDENT pro tempore. The bill will be passed

over. The bill (S. 1181) naming the seat .of government of the

United States was announced as next in order. Mr. Sl\IOOT. I ask that that bill go over. The PRESIDE~TT pro tempore. The bi!l will be passed over. The bill ( S. 33) making eligible for retirement under certain

conditions officers of the Army of the United States, other than officers of the Regular Army, who incurred physical disability in line of duty while in the service of the United States during the ·world War was announced as next in order.

Mr. SMOOT. Let that bill go over. The PRESIDENi, pro tempore. The bill will be passed over. The joint resolution (S. J. Res. 60) to stimulate crop reduc-

tion in the United States was announced as next in order. Mr. SMOOT. Let that resolution go over. The PRESIDENT pro tempore. The resolution will be

passed over. The resolution ( S. Res. 124) directing the Interstate Com

merce Commission to secure information relative to amount of money expended for the purpose of creating public interest favorable to railroad sentiment was announced as next in o1·der.

Mr. BRUCE. I ask that the resolution go over. The PRESIDE~'T pro tempore. The resolution will be

passed over. The bill (S. 185) to promote agriculture by stabilizing the

price of wheat was announced as next in order. Mr. REED of Pennsylvania. Let that bill go over. The PRESIDENT pro tempore. The bill will be passed over. The bill ( S. 2401) providing for the compensation of retired

warrant officers and enlisted men of the Army, Navy, and Marine Corps, or any other service or department created by or under the jul"isdiction of the United States Government, and warrant officers and enlisted men of the Reserve Corps of the Army and Navy was announced as next in order.

Mr. SMOOT. I think that bill has been made a special order 'jor February 2.

The PRESIDING OFFICER (Mr. FEss in the chair). The present occupant of the chair is advised that this is not the bill which has been made a special order.

Mr. SMOOT. I stand corrected. The bill which has been made a special order is Senate bill 33. I ask, however that Senate bill 2401 may be passed over. '

The PRESIDING OFFICER. The bill will be passed over. The bill (S. 2299) to validate the payment of commutation of

quarters, heat, and light under the act of April 16 1918 and of rental and subsistence allowances under the a~t of 'June ,_0, 1922, was announced as next in order.

Mr. SMOOT. Let that bill go over for the present. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 2149) to facilitate and simplify the work of the

:Forest Service, United States Department of Agriculture and !o pro!fiote reforestation, was announced ~s pext 41 o~de~-'

Mr. SMOOT. The Senator from Nebraska [Mr. NoRRis], the chairman of the Committee on Agriculture and Forestry, who introduced the bill, is not present at the moment, and I ask that the bill go over.

The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 2150) to authorize arrests by officers and em

ployees of the Department of Agriculture in certain cases and to amend section 62 of the act of March 4, 1909, entitled "An act to codify, revise, and amend the penal laws of the United States," was announced as next in order.

Mr. SMOOT. That bill also had better go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 2151) to increase the subsistence and per diem

allowances of certain officers and employees of the Department of Agriculture, was announced as next in order.

Mr. SMOOT. That bill also had better go over. The PRESIDING OFFICER. The bill will be passed over.

EMEL US S. TOZIER

The bill (S. 1809) for the relief of Emelus S. Tozier, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That in the administration of any laws conferring rights, privileges, and benefits upon honorably discharged • men of the United States Navy, Emelus S. Tozier, formerly a seaman in the United States Navy, shall hereafter be held and considered to have been honorably discharged on the 31st day of January, 1865.

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

COURT REPORTERS IN UNITED STATES DISTRICT COURTS

The bill ( S. 1639) to provide for the appointment of a court reporter by each judge of tb,e United States district court, fixing their salaries and fees, defining their duties, and repealing all laws and parts of laws inconsistent herewith was considered as in Committee of the Whole.

The bill had been reported from the Committee on the Judiciary with an amendment to strike out all after the enacting clause and insert:

That the district court of the United States in each district shall, for the purpose of perpetuating the testimony and proceedings therein, appoint one or more competent stenographic reporters, as the business to be done may require, who shall be known as the official reporters of said courts and who shall hold office during the pleasure of the judges appointing them, or of the successors of said judges. Such reporters as may be appointed from time to time shall attend all sessions of or hearings before the said district courts, and shall, upon the direction of the court in any civil or criminal action or proceedings, take in shorthand the testimony and all proceedings had upon the trial or hearing, except the arguments of counsel, and shall, when directed by the court or a party to the proceedings, transcribe the same within such time as the court may designate and preserve the original stenographic notes for a period of not less than five years.

SEC. 2. Such reporters before entering upon the duties of the office shall be sworn to the faithful performance thereof.

SEC. 3. The transcript of the testimony and proceedings in any case when duly certified by such reporters shall be deemed prima facie a correct statement of such testimony and proceedings.

SEc. 4. The compensation of such stenographers for services and transcripts and their duties, and the rules and regulations relating thereto, shall be prescribed by rules to be adopted by the district court In each district. The compensation shall not exceed such as is • now or may be hereafter provided by law in the State courts in the State in which such district court is held, if such law there be. Such compensation for services shall be paid to the stenographers herein authorized in the same manner as the salaries of the judicial office are paid. The fees to be paid to such stenographers by the parties to actions or proceedings in said courts shall be prescribed by rules to be adopted by said court in each district. They shall not exceed such as are now or may be hereafter required to be paid to the State stenographers in the respective States in which said district courts are held, if any such there be.

In addition to the S'alary hereinbefore provided for, each reporter shall be entitled to receive his railroad fare and other traveling expenses, including subsistence, not exceeding $5 per day while absent from the place of his residence in the discharge of his official duties.

. The amendment was agreed to. The bill was reported to the Senate ai amended and the

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

read the third time, and passed. The title was amended so as to read: "A bill to authorize the

appointment of stenographers in the courts of the United States ~nd to fix: ~eir duties and compensation ... "

2750 CONGRESSIONAL RECORD-- SENATE JANUARY 31

BILL -pAS SED OVER

The bill ( S. 1387) to provide for payment of the amount of a war-risk i.nstrrance policy to a beneficiary designated by Capt. John W. Loveland, jr., deceased, was announced as next 1n order. .

Mr. REED of Pennsylvania. I ask that the bill may go over.

J The PRESIDING OFFICER. The bill will be passed over.

JURISDICTION OF OIROUIT COURTS OF .APPEALS AND SUPREME COURT

The bill (S. 2060) to amend the Judicial Code, further to define the jurisdiction of the circuit courts of appeals and of the Supreme Court, and for other purposes, was announced as next in order.

Mr. CUJ\IlliNS. Mr. President, I have no intention of asking for the consideration of this bill under Rnle VIII, but I rise for the purpose of directing the attention of Senators to it and asking them to become familiar with it, for it is a bill of very great importance. I shall endeavor at some appropriate time in the very near future to ask the Senate to take it up for consideration, and I am hoping that Senators whD are interested in the administration of the law in the circuit courts of appeals and in the Supreme Court of the United States will become as familiar with it in the meantime as their convenience

. will permit. I hope to be ab1e to secure the passage of the bill at this session of Congress.

Mr. REED of Pennsylvania. Mr. President, will the Sena..tor permit a question?

The PRESIDING OFFICER. Does the Senator from Iowa yield to the Senator from Pennsylvania?

Mr. CUMMINS. Certainly. Mr. REED of Pennsylvania. I think the attention of e:very

lawyer in the Senate has been called to this bill long ago by the members of the committee which prepared the original bilL Most of us have read it over carefully and studied it as far as time permits; and it was my impression, when the bill was last reached on the call of the calendar, that it would have been passed under the five-minute rule if the Senator himself had not asked that it..go over. I think we are all familiar with it, and I do not see why the Senator does not permit it to be passed and go to the House.

Mr. CUMMINS. That is better than I had hoped, that Senators a-re all familiar with it; and if there is no opposition to it I shall be very glad to have it pass now.

:Mr. COPELA..t\TD. Mr. President, I am sorry to say that there is opposition to this bill from certain of the leading attorneys of the city of New York; and I -should not want action taken at this time, until the objections raised by these attorneys have been presented to the Senate in a proper way.

The PRESIDING OFFICER. Objection is made, and the bill will be passed over.

Mr. FLETCHER. Mr. President, while one objection would carry the bill over, I thlnk it is in order for the Senator to move to take it up if he desires to do so. We are now considering bills under Rule VIII, which permits a motion to take it up.

The PRESIDING OFFICER. That is the situation. The Senator can move to take up the bill if he so desires.

Mr. FLETCHER. I think the bill is an important one and ought to be passed.

Mr. CUMMINS. Mr. President, I move that the Senate proceed to the consideration of this bill.

The motion was agreed to, n~d the Senate, as in Committee of the. Whole, proceeded to consider the bill ( S. 2060) to amend the Judicial Code, further to define the jurisdiction of the circuit courts of appeals and of the Supreme Court, and for other purposes, which had been reported from the Committee on the Judiciary with an amendment, on page 15, line 2, after the word " Congress," to insert a colon and the followIng proviso :

Provided, That this section shall not apply to any suit, action, or proceeding brought by or against a corporlltion incorporated by or unaer an act of Congress wher~in the Government of the United States is the owner of more than one-half its capital stock. •

So as to make the bill read : Be it enacted, eto.~ That sections 128, 129, 237, 23.8, 239, and 240 ot

the Judicial Code as now existing be, and they are severally, amended and reenacted to read as follows :

" SEc. 128. (a) Tbe circuit courts ot appeal shall have appellate jurisdiction to review by appeal or writ of error final decisions-

" First. In the district courts, in all cases save whet'e a direct review of the decision may be had in the Supreme Court under section 238.

" Seeonu. 1n the United Statet~ district courts for Hawaii and for Porto Rico in .all cases.

'

"ThUd. In _ tbe district courts for Alaska or llllY division thereof, for the Virgin Islands, and for the Canal Zone, in all cases, civil and criminal, wherein the Constitution or a statute or treaty of the United States or any authority exercised thereunder is involved; 1n all other civil cases wherein -the value in controversy, exclualve of interest and costs, exceeds $1,000; Jn all other criminal cases where the offense charged is punishable by imprisonment for a term exceeding one year or by death, and in all habeas corpus proceedings.

"Fourth. In the Supreme Courts of the Territory of Hawa.U and of Porto Rico, in all civil cases, civil dr criminal, wherein the Constitution or a statute or treaty of the United States, or any authority exercised thereunder is Involved ; in all other civil cases wherein the value 1n controversy, exclusive of interest and coBts, exceeds $5,000, and in all habeas corpus proceedings.

" Fifth. In . the United States Court for China, in all cases. "(b) The circuit court of appeals shall also have appellate juris

diction-" First. To review the Interlocutory orders or decrees of the dis

trict courts which are specified in section 129. " Second. To review decisions of the district courts sustaining or

overruling exceptions to awards in arbitrations, as provided in seetio.n 8 of an act entitled 'An act providing for mediation, conciliation, and arbitration in controversies between certain employers and their employees,' approved July 15, 1913.

"(c) The circuit courts of appeal shall also have an appellate anrl supervisory jurisdiction under sections 24 and 25 of the bankruptcy act of July 1, 1898, over all proceedings, controversies, and cases had or brought in the district courts under that act or any of its amendments, and shall exercise the same in the manner prescribed in tho:;~e

sections; and the jurisdiction of the Circuit Court of Appeals for. the Ninth Circuit in this regard shall cover the courts of banln'uptcy in Alaska and H-awaii, and that of the Circuit Court of Appeals for the First Circuit shall cover the court of banln'uptcy in Porto Rico.

" (d) The review under this section shall be in the following circuit courts of appeal: '.rhe decisions of a district court of the United States within a State in the circuit court of appeals for the circuit embracing su.ch State: tho~ o! the District Court of Alaska or any division thereof, the United States district .court and the Supreme Court of Hawaii, and the United States Court tor China, in the Circuit Court of. Appeals for the Ninth Circuit: those of the United States district court and the Supreme Court of Porto Rico in the Circuit Court of Appeals for the First Circ.ult; those of the District Court of the Virgin Islands in the Circuit Court of Appeals for the Third Circuit ; a.nd those of the District Court of the Canal Zone in the Circuit Court of Appeals for the Fifth Circuit.

"(e) The circuit courts of appeal are further empowered to enforce, set aside, or modify orders of the Fede:r.al Trade Commission, as lllO· vided in section 5 of 'An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes,' approved September 26, 191!; and orders of the Interstate Commerce Commission, the Federal Reserve Board, and the Federal Trade Commission, as. provided in section 11 of 'A.n act to supplement existing laws against unlawful restra.ints and monopolies, and for oiher purposes,' approved October 15, 1914. .

" SEc, 129. Where, upon a hearing in a district court, or by a judge thereof in vacation, an injunction is granted, continued, modifiecl, refused, or Q.issolved by an interlocutory order of decree, or an application to dissolve or modify an injunction is refused, or an interlocutory order or decree is made appointing a receiver, or refusing an order to wind up a pending receivership or to take the appropriate' steps to accomplish the purposes thereof, such a.s directing a sale or other disposal of property held thereunder, an appeal may be taken from such interlocutory order or decree to the circuit court of appeals ; and sections 239 and 240 shall apply to such cases in the circuit courts of 8J)peals as to other cases therein : Provided, That the appeal to the circuit court of appeals must be taken williin 30 days from the entry of such order or decree and shall take precedence in the appellate court ; and the proceedings in other respects in the district court shall not be stayed during the pendency of such appeal unless. otherwise ordered by the court, or th.e appellate court, or a judge thereof: P·romdecl~ however~ That the district court may, in its discretion, require an additional bond as a condition o.f the appeal."

"SEc. 237. (a) A.. final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of tbe United States, and the decision is against its validity; or where iB drawn in question the validity of a statute of any State on the ground of itt! being repugnant to tbe Constitution, treaties, or laws of tbe United States, and the decision is in favor of its valldlty, may be reviewed by the Supreme Court upon a writ of error. The writ shall have the same effeet as it the judgment or decree had been rendered or pas e<l in a court of the United States. The Supreme Court may reverst', modify, or affirm t.he. judgment or decree of such State court and may, in Its discr.etion, award execution or remand the cause to the. court from which it WSB removed by the writ.

1925 OONGRESSION .AL R.EOOR.D-SEN .ATE 2751 · "{b) It shall be competent for the Supreme Court, by certiorari, to require that there l>e certified to it for review and determination, with the same power and authority and with like effect as if brought up by writ of error, any cause wherein a final judgment or decree has been rendered or passed by the highest court of a State in which a decision could be had where is drawn in question the validity of a treaty or statute of the United States; or where is drawn in question the validity of a statute of any State on the ground of its being repugnant to the Constitution, treaties, or laws of the United States; or where any title, right, priYilege, or immunity is specially set up or claimed by either party under the Constitution or any treaty or statute of, or commission held or authority exercised under, the United States; and the power to review under this paragraph may be exercised as well where the Federal claim is sustained as where it is denied.

"{c) If a writ of error be improvidently sought and allowed under this section in a case where the proper mode of invoking a review is by a petition for certiorari, this alone shall not be a ground for dismissal; but the papers whereon the writ of error was allowed shall be regarded and acted on as a petition for certiorari and as if duly presented to the Supreme Court at the time they were presented to the court or judge by whom the writ of error was allowed: Provi4ea, That where in such a case there appears to be no reasonable ground for granting a petition for certiorari it shall be competent for the Supreme Court to adjudge to the respondent reasonable damages for his delay and single or double costs, as provided in section 1010 of the Revised Statutes."

"SEC. 238. A direct review by the Supreme Court of an interlocutory or final judgment or decree of a district court may be had where it is so proT"ided in the following acts or parts of acts, and not otherwise:

"(1) Section 2 of the act of February 11, 1903, 'to expedite the bearing and determination ' of certain suits brought by the United States under the antitrust or interstate comme-rce laws, etc.

"(2) The act of March 2, 1907, ' providing for writs of error in certain instances in ct·iminal cases' where the decision of the district court is adverse to the United States.

"{3) An act restricting the issuance of interlocutory injunctions to suspend the enforcement of the statute of a State or of an order made by an administrative board or commission created by and acting under the statute of a State, approved March 4, 1913.

" ( 4) So much of 'An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year 1913, and for other purposes,' approved October 22, 1913, as relates to the review of interlocutory and final judgments and decrees in suits to enforce, suspend, or set aside orders of the Interstate Commerce Commission other than for the payment of money."

" SEc. 239. In any case, civil or criminal, in a circuit court of appeals, or in the Court of Appeals of the District of Columbia, the court at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which instruc· tions are desired for the proper decision of the cause ; and thereupon the Supreme Court may either give binding instructions on the questions and pt·opositions certified or may require that the entire record in the cause be sent up for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it ha<l been brought there by writ of error or appeal."

" SEc. 240. {a) In any case, civil or criminal, in a circuit court of eppeals, or in the Court of Appeals of the District of Columbia, it shall be competent for the Supreme Court of the United States, upon the petition of any party thereto, whether Government or other litigant, to require by certiorari, either before or after a judgment or decree by such lower court, that the cause be certified to the Supreme Court for determination by it with the same power and authority, and with like effect, as if the cause had been brought there by writ of error or eppeal.

"{b) All judgments and decrees of the circuit courts of appeal and of the Court of Appeals of the District of Columbia shall be subject to review as provided in this section, and not otherwise."

SEC. 2. That cases in a circuit court of appeals under section 8 of "An act providing for mediation, conciliation, and arbitration in controver ies between certain employe1·s and their employees," approved July 15, 1913; under section 5 of "An act to create a Federal Trade Commission, to define its powers and duties, and for other purposes," approved September 26, 1914; and under section 11 of "An act to supplement existing laws against unlawful restraints and monopolies, and for other purpo es," approved October 15, 1914, are included among the cases to which sections 239 and 240 of the Judicial Code shall apply.

SEC. 3. (a) That in any case in the Court of Claims, including those begun under section 180 of the Judicial Code, that court at any time may certify to the Supreme Court any definite and distinct ques-

, tions of law concerning which instructions are desired for the proper disposition of the cause; and thereupon the Supreme Court may give appropriate instructions on the questions certified and transmit the same to the Court of Claims for its guidance in the further progress of the cause.

{b) In any case in the Court of Claims, including those begun under section 180 of the Judicial Code, it shall be competent for the Supreme Court, upon the petition of either party, whether Go>ernment or claimant, to require, by certiorari, that the cause, including the findings of fact and the judgment or decree, but omitting the evidence, be certified to it for review and determination with the same power and authority and with like effect as if the cause had been brought there by writ of error or appeal.

(c) All judgments and decrees of the Court of Claims shall be sub· ject to review by the Supreme Court as provided in this section, and not otherwise.

SEC. 4. That in cases in the district courts wherein they exercise concurrent jurisdiction with the Court of Claims or adjudicate claims against the United States the judgments shall be subject to review in the circuit courts of appeals like other judgments in the district courts ; and sections 239 and 240 of the Judicial Code shall apply to such cases in the circuit courts of appeals as to other cases therein.

SEc. 5. That the Court of Appeals of the District of Columbia shall" have the same appellate and supervisory jurisdiction over proceedings, controversies, and cases in bankruptcy in the District of Columbia that a circuit court of appeals has over such proceedings, controversies, and cases within its circuit, and shall exercise that jurisdiction in the same manner as a circuit court of appeals is required to ex~ ercise it.

SEc. 6. (a) In a proceeding in habeas corpus in a district court, or before a district judge or a circuit judge, the final order shall be subject to review, on appeal, by the circuit court of appeals of the circuit wherein the proceeding is had.

{b) In such a proceeding in the Supreme Court of the District of Columbia, or before a justice thereof, the final order shall be subject to review, on appeal, by the court of appeals of that district.

{c) Sections 239 and 240 of the Judicial Code shall apply to habeas corpus cases in the circuit courts of appeals and in the Court of Appeals of the District of Columbia as to other cases therein.

{d). The provisions of sections 765 and 766 of the Revised Statutes, and the provisions of an act entitled "An act restricting in certain cases the right of appeal to the Supreme Court in habeas corpus proceedings," approved March 10, 1908, shall apply to appellate proceedings under this section as they heretofore have applied to direct appeals to the Supreme Court.

SEC. 7. That in any case in the Supreme Court of the Philippine Islands wherein the Constitution, or any statute or treaty of the United States is involved, or wherein the value in controversy ex~

ceeds $25,000, or wherein the title or possession of real estate exceeding in value the sum of $25,000 is involved or brought in question, it shall be competent for the Supreme Court of the United States, upon the petition of a party aggrieved by the final judgment or decree, to require, by certiorari, that the cause be certified to it for review and determination with the same power and authority, and with like effect, as if the cause had been brought before it oa writ of error or appeal; and, except as provided in this section, the judgments and decrees of the Supreme Court of the Philippine Islands shall not be subject to appellate review.

SEC. 8. (a) That no writ of error, appeal, or writ of certiorari, intended to bring any judgment or decree before the Supreme Court for review shall be allowed or entertained unless application therefor be duly made within three months after the entry of such judgment or decree, excepting that writs of certiorari to the Supreme Court of the PbHippine Islands may be granted where application therefor is made within six months: Provided, That for good cause shown either of such periods for applying for a writ of certiorari may be extended not exceeding 60 days by a justice of the Supreme Court.

(b) Where an application for a writ of certiorari is made with the purpose of securing a removal of the case to the Supreme Court before the court wherein the same is pending has given a judgment or decree the application may be ntade at any time prior to the hearing and submission in that court. ·

SEc. 9. That in any case where the power to review, whether in the circuit courts of appeals or in the Supreme Court, depends upon the amount or value in controversy, such amount or value, if not otherwise satisfactorily disclosed upon the record, may be shown and ascertained by the oath of a party to the cause or by other competent evidence.

SEC. 10. That no court having power to review a judgment or decree of another shall dismiss a writ of error solely because an appeal should have been taken, or dismiss an appeal solely because a writ of error should have been sued out; but where such error occurs the same shall be disregarded and the court shall proceed as if in that rE.'gard its power to review were properly invoked.

SEC. 11. {a) That where, during the pendency of an action, suit, or other proceeding brought by or against nn officer of the United States, or of the District of Columbia, or the Canal Zone, or of a Territory, or ·an insular possession of the United States, or of a county, city, or other governmental agency of sue~ Te1~rito~)'~~n~ar

2752: CONGRESSIONAL RECORD-SENATE JANUARY 31

possession, and relating to the. present OJ:' future discharge of his offi..clal duties, such o.fficer dies, resigns, or. otherwise. c~ea to hold su<:h office, it shall be competent for the court wherein the action, suit, or proceeding is pending, whether the court be one of fu:st instance or an appellate tribunal, to permit the cause to be continued and maintained by or against tbe successor in office of such otli-cer, if within six months after hls death or separation from tbe office it be satisfactorlly shown to the court that there is a substantial need for so continuing and maintaining the cause and obtaining an adjudication of the questions involved.

(b) Sim'ilar proceedings may be had and taken where an action, suit, or proceeding brought by o.r against an officer of a State, or of a county, city, or other governmental agency of a State, is pending in a court of the United States at tbe time of the officer's death or separation from the office.

(c) Before a substitution under this section is made, the party or officer to be affected. unless expressly consenting thereto, lll.11St be given reatlonable notice of the application therefor and aecorded an opportunity to present any objection which be may have.

SJ:c. 12. That no district court shall have jurisdiction of any action or suit by or against any corporation upon the g:J."oun'd that it was . inco.rporated by or under an act of Congress: Provided, That thi section shall not apply to any suit, action, or proceooing brought by or against a corporation incorporated by or under an act of Congress wherein tb.e Government of. the United States is the owner of more than one--half its capital stock..

SEc. 1S. That the following statutes and parts of statut~ be, and they arc, repealed :

Soctio.ns 130, 1.31, 183, 134, .181, 182, 236. 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, and 252 of tb.e Judicial Code.

Sections 2, 4. and 5 of "An. act· to amend an act entitled 'An. act to codify, revi~e, and amend the laws relating to the judiciary,' approved March. 3, 1911," approved January 28, 1915.

Sectlom! 2, 3, 4, 5, and 6 of "An act to amend the Judicial Code, to fix the time when the annual term of the Supreme Court shall commence, and further to define tbe jurisdiction of that court," approved September 6, 1916.

Section 2T of "An act to declare tbe purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands, .. approved August 29, 1916.

So much of sections 4, 9, and 10 of "An act to provid~ for the bringing of suits against the Government of the United States,'' approved March 3, 1887, as provides for a review by the Supreme Court on writ of error or appeal in the cases therein named.

So much of "An act restricting in certain cases the right of appeal to the Supreme Court in habeas corpus proceedings," appro'Ved March 10, 1908, as permits a direct appeal to the Supreme Court.

So much of sections 24 and 25 of the bankruptcy act of July- 1, 1 98, as regulates the mode of review by the Supreme Court in the proceedings, controversies, and cases therein named.

So much of '':An act to provide a civil government· for Porto Rico-, and fol' other purpose ," approved March 2, 1917, as permits a direct re-view by the Supreme Court of cases in the courts in Porto Rlco.

So much of the Hawaiian organic act, as am~nded by the ·act of July 9, 1921, as permits a direct review l}y the Supreme Court of cases in the courts in Hawaii.

So much of section 9 or the act of Augnst 24, 1912, relating to the government of the Canal Zone, as desig11ate the cases in which, and tw courts by whieh, the judgments and d et·ees o.f the district court ot the Canal Zone maY' be reviewed.

Sections 763 and 764 of the Revi~e An act entitled "An act amellding :-:~ . 14 of the Revised Stat-

utes,'' appro-ved March 8, 1885. An act entitled- "An act to prevent the abatement of cePtain action ,"

approved February 8, 1899. All other aets and parts of aets-in so far a8 they are embraced within

and snpersed~d by .this act or are inconsistent therewith. SEc. 14. That this act shall take effect three months after ib! ap

proval; but it shall not affect cases then pending in the Supreme Court', nor shall it affect the right to. a review, or the mode or time for exercls1ng the same, as respects any judgment or decree entered priox to the date when it takes effect.

The amendment was agreed to. Mr. CUMMINS. lUr. President, the first purpose of this

bill is to collect in a single statute the provisions of the law relating to the appellate jurisdiction of the Supreme Court of the United States and the circuit courts of appeals. Its second purpose is to restrict or reduce the appellate jurisdiction of the Supreme Court of the United States in order to enable it fairly to meet the demands that are made upon it. Th~ Supreme Court is now 15 or 18 months behind in its

work. It is a denial of justice to permit a system to continue that enables those who are intere ted in the delay of decUdons by a court to bring about a delay for such a length of

time. It is a denial of justice to those who desire their cases promptly submitted. and dedded to oblige them to wait for a period of anywhere from 15 to 18 months before reaching the case for argument and· submission.

The substance of the bill is : In the first place, with regard to the appellate jurisdiction

of the Supreme Court, as all lawyers know, there are at the present time four ways of reaching the Supreme Court of the United States. One is by writ of error. That is a writ of right. The second is by appeal. That is also a matter of right. T.he third is by a certificate of the inferior court in which the case is tried~ presenting questions to be answered by the Supreme, Court which are material to the decision of , the case. The fourth is by the writ of certiorari, which is in the discretion of the Supreme Court of the United States.

This bill does not- materially affect the writs of error that may as a matter of right issue to the courts of la.st resort in the several Stab~s~ It broadens, however, the jurisdiction of the Supreme Court in issuing writs of certiorari which may bring up the record in the State courts.

With regard to the circuit courts of appeals, the bill substantially provides that . all the cases which have been heard by the circuit courts of appeals shall come to the Supreme Court of the United States. by certiorari, and abolishe.'; in substance, the obligatory appellate jurisdiction of the Supreme Court over decrees and judgments rendered in the circuit courts of appeals.

It will be remembered that any case that reaches the circuit court of appeals has already been tried in the district coUI't of the United States, and when it is decided by the circuit court of appeals the litig~nt has had one trial in the district court~ He has had a second trial in the circuit court of ap~ peals. These courts of appeals, as you all know, are composed of frQm three to five judges; and it is believed, I think, by most people who have examined the subject, that when a litigant has had an opportunity to try his case in two courts, one oi them being a court of appeals composed of lawyers of the highest standing and highest ability in the country, any further appeal or review of the case ought to be in the discretion af the Supreme Court of the United States, and not a matter of right with the litigant.

:M:r. HARRELD. Mr. President--The PRESIDING OJJ,FICER (Mr. 1l"'Ess· in the chair). Does

the Senator from Iowa yield to the Senator from Oklahoma? Mr. CU~illiNS. I yield to the Senator from Oklahoma. Mr. HARRELD. I have not had an opportunity to study

this bill, but does it simplify the law so a to make it clear whether, in· a given case, the lawyer should proceed to the court to procure a writ· of certioral'i or a writ of error?

The lawyePS in my State complain that very frequently they • have to proceed by both methods, because the present law is so ambiguous that they can not tell whether they should come to the Supreme Court by writ of error or whether they should come by certiorari, and frequently they- have to bring the matter here in both ways in order to preserve their rights. Does this bill clarify that matter so that there will be no dispute about it?

Mr. CUMMINS. I did not enlarge upon that. It was the ! first point I mentioned.

The object of the bill is to collect in one statute and to clarify the methods of reaching either the circ-uit court of appeals in the first instance or the Supreme Court of the United State . These statutes are so inconsistent~they have accumulated during years-that it puzzles the mo t accomplished lawyer to determine just how he is to ~ure his review. This .bill brings all these statutes into one, making the changes that I have suggested, and under the bill, if any lawyer makes a mistake with regard to the way of reachfng the Supreme Court-that is to say, if he believes that a writ of error is the proper· way, and he should be found mistaken in that and applies for a writ of certiorari, or if he applie: · for a writ of certiorari a:nd -it is found that the· proper method is by writ of error or appeal-this propo ed statute pro1ides that the appellate court shall consider either as sufficient, and ru·e it either as a writ of error or a petition for a writ of certiorari, as the circ1:l1llstances may require.

Mr. HARRELD. Mr. President, that seems to me a very great improvement.

.Another complaint that r have from lawyers in my State is that when they come to the Supreme Court of the United States by writ of certiorari under the present law the matter is pa sed on by· one judge only. Some one of the judge simply marks it "Denied," and they can not get it before tht> other judges or before the court: Will that condition continue if' the bill is passed in its present-form?

1925 CONGRESSIONAL RECORD-SENATE 2753 Mr. CUMMINS. The bill does not change or direct the man

ner in which the Sup1·eme Court shall pass upon the merits of a m·it of certiorari but the Senator from Oklahoma or the lawyers who have represented that matter to him are mistaken in reorard to the manner in which the Supreme Court passes upon~ petition for a writ of certiorari It is not passed upon by a single judge. On the contrary, it is passed upon b_! a majority of the members of the Supreme Court.. The hearmgs so show. There were extensive hearings upon this bill in which it is fully explained, and that is. one of the subjects considered in the hearings.

Mr. HARRELD. It is generally understood among the lawyers of that State that the only ":ay in wh:ich you can get .a hearing before the Supreme Court IS by commg here on a writ of error. Therefore they all try to come on a writ of error.

Mr. Cillfi!INS. The writ of error, as the Senator knows, is a writ sued out of right, and the Supreme Court has nothing to say about the merits of a writ of error until a motion is mad@ to dismiss the writ of error because it is not within the statute, or for some other reason, or until the court reaches the final decision of the case.

The writ of certiorari, when it applies, is a writ addressed to the discretion of the Supreme Court, and when a petition for such a writ is presented it is consideredt not by a single member of the Supreme Court but by the whole court.

Mr. HARRELD. It is not considered in open court, though. Ur. CUMMINS. There is no hearing provided for. There

is no fixed method for presenting petitions for writs of certiorari. The court takes the petition and considel's it, and if 1t believes it presents a ea e which ought to be reviewed in the Supreme Court, it grants the writ of certiorari.

Mr. GEORGE. Mr. President, the reference of the Senator from Oklahoma undoubtedly is to the practice which the- court it elf adopts of havillg one of its members examine the petition for the writ. That is done by all reviewing courts, but finally the writ is either granted or refused by the court itself.

Mr. HARRELD. The point I am driving at is this, naturally the Supreme CeUl't prefers to pass on these matters with<rut baring them argued before the court. Consequently they want to increa e the use of the writ of certiorari, and decrease the u e of the writ of error. That is perfectly natural. Are we not likely to fall into a fault here in following their advice on that point in enacting this bll1? Will they not want to go too far and put too many cases in thfft class which is brought to 'the Supreme Court by a writ of certiorari, rather than those that a:re brought thel'e by writ of error, because it is less trouble for them to handle them? I have had that complaint of the Supreme Court presented to me pretty strongly.

Mr. CUMMINS. I do not know the merits of a complaint which may have been suggested to the Senator from Oklahoma, but a petition for a writ of certiorari is originally pres~nted to a single judge, and then is laid before the court Itself for consideration, and if the court believes that the case ought to be reviewed, the writ is granted.

Mr. HARRELD. The complaint that comes to me is that the petitioner has no chance to argue the petition orally, or present the petition for the writ of certiorari at all.

Mr. CUMMINS. A petition for a writ of certiorari is not ordinarily argued before the court. The ~tition itse}f .is supposed to present the reasons for the exerCise of the JUrisdiction by the Supreme Court.

Mr. PEPPER. Mr. President--The PRESIDING OFFICER. Does the Senator from Iowa

yield to the Senator from Pennsylvania? Mr. CU:l\IMINS. In just a moment, when I have completed

this answer. If the court were to permit every petition fo-r a writ of certiorari to be argued orally, instead of being 20 months behind, or 18 months behind, in its work, it would be 40 months behind in a very short period.

Mr. HARRELD. On the other hand, are we not likely to let them put too many cases into the class that come to the court under writ of certiorari, because they do not have to hear argument, and will not some men's rights be prejudiced thereby?

Mr. CUMMINS. I reply to that that no case :reaches the Supreme Court upon a petition fo~ a writ of certi~rari-:~ rare exceptions, because there are some cases of drrect~ JUnsdiction over the district courts in certain matters-until it has been tried by two courts, and it is the view of the proponents of this bill that any further review ought to be in the discretion of the Supreme Court.

I now· yield to the Senator from Pennsylvania. Mr. PEPPER. Mr. President, I was merely going to suggest

~o the Senatort with reference to the point made by the Senator

from Oklahoma, that a good deal of light can be thrown on this question by referring to the experience in actual practice that is found in the State of Ohio, where a practice such as is proposed in this measure is actually in operation with respect to the appellate jurisdiction of the court of last resort in that State.

I have found to my own satisfaction that while the appl'ehension of the Senator from Oklahoma is a perfectly natural one-and such an apprehension was entertained in Ohio-in point of fact the system has worked so well there that all such apprehension has been removed, and the court is finding it possible to satlsfy the bar, and at the same time keep up with its d_ocket. I have a most illuminating- communication from the chief justice of Ohio on the subject, and as this is an attempt to do for the Supreme Court of the United States what has been successfully done in that great jurisdiction, I thought it was worth mentioning their successful experience as bearing upon this question.

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

yield to the Senator ftom New York?_ Mr. CUMMINS. I yield. Mr. COPELAND. I want to ask a question of the Senator

in order that at some time in the debate he may cover the point I have in mind.

The criticism which is made by the attorneys of my State is that apparently this bill would result in the circuit courts of appeals becoming courts of last resort on constitutional questions.

Mr. CUMMINS. That is true unless one of two methods of reviewing the decisions of the circuit courts of appeals is pursued. One is through the writ of certiorari ; the other is through a certificate issued by a eireuit court of appeals presenting to the Supreme Court questions for answer. Of course, it is the invariable practice of the Supreme Court, in cases which have been differently decided by circuit courts of ap~ peals, to allow a writ of certiorari. The effort is to bring the law of the United States into uniformity. It is quite true that not every ease which is alleged to involve a constitutional question is permitted to reach the Supreme Court as a matter of right, under this bill.

Mr. COPELAND. If this bill were to go into effect fn its present form W(}Uld there not be considel'able rorpl'ise and dissatisfaction over the fact that the circuit courts had become courts of last resort?

Mr. CUIDflNS. The circuit court of appeals is now a court of last resort in many cases.

Mr. COPELAND. I mean on constitutional questions. Mr. CUMMINS. No; I answer the Senator from New York

rather certainly on that point. The Supreme Court of the United States can not pass on every question that may arise in a lawsuit. I think we will have to depend upon the patriotism and the intelligence of the Supreme Court in determining whether a particular case decided by a circuit court of appeals is one which ought to be reviewed by the Supreme Ceurt. It may, of course, refuse to grant a petition for a writ of certiOI·ari. I am not familiar with the exact proportion of cases that are brought to the Supreme Court by the writ of right as compared with the cases that are brought thereupon a writ of di cretion.

:Mr. McNARY. Mr. President, a parliamentary inquiry. The PRESIDING OFFICER. The Senator will state his in

quiry. Mr. McNARY. I think in common with all Senators present

I am enjoying the remarks of the Senator from Iowa. I am in favor of the bill, and I think we all are. I suggest to the Senator that if he would abide by Rule VIII he might get his bill through.

My parliamentary inquiry is this: Under Rule VIII, during the morning hour may a Member of this body speak more than once or longer than five minutes on the subject matter before the ~;::enate?

Mr. WILLIS. I remind the Senator that this bill was brought up by motion.

1\lr. CUMMINS. The five-minute rule does not apply when a bill i taken up on motion.

Mr. McNARY. I am very sorry, becau-se we all feel somewhat interested in the morning hour devoted to the calendar.

Mr. FLETCHER. Mr. President, may I suggest to the Sen-· ator from Iowa that what seems to disturb the Senator from New York is the thought that the jurisdiction of the Supreme Court on all constitutional questions should be obligatory. ·

The PRESIDENT pro tempore. The Chair will answer the parliamentary inquiry ot the Senator from Oregon.

27'54 CONGR.ESSIONAL RECORD-SENATE JANUARY 31

The rule under ~hich ~e are operating, Rule VIII, at the close of th~ fir t paragraph, provides :

But if the Senate shall proceed with the consideration of any matter notwith tanding an objection, the foregoing provisions touching debate shall not apply.

So the Senator froni Iowa is in order. Mr. COPELA~D. Mr. President, if the Senator will yield,

it is absurd for me to attempt any di ·cu. sion of this matter with the Senator from Iowa, but I had intended to place in the hands of somebody who has knowledge of these matters the conespondence I have had ~ith certain attorneys in New York. But in view of the parliamentary situation, I do feel it my duty, if the Senator will bear with me for a moment, to state what the objection is from the standpoint of these attorneys.

Mr. CUMMINS. I certainly will bear ~ith the Senator for any length of time.

Mr. COPELAi'.TD. Under present law, when the Yalidity of a tatute is attacked in a State court, the constitutional question may be taken as a matter of right to the Supreme Court from the State court of last re ort in the manner and under the limitation. prescribed in section 237 of the Judicial Code. If the same question arises in a case brought in the Federal court, it may likewi~e be taken as matter of right to the Supreme Court under the Judicial Code, section 238. Undet the propo ed law, the question if arising in the Federal court could be taken a of right only to the circuit court of appeals, whose decision ~ould be final and reviewable only by certiorari. In other words, the bill gives the circuit court of appeals jurisdiction and makes it the court of last resort in an important class of cases in which a State supreme court is in effect only an intermediate tribunal.

With regard to the uggestion that cases from the State courts like those f.rom the circuit courts of appeals be subjected to review only on writ of certiorari, there is reason for doubting the desirability of such a change. If any question should go to the Supreme C-ourt as matter of dght it is the question of the Yalidity of a statute under the Federal Constitution.

Would it not be better to meet the situation by retaining in section 238 as amended by the bill the provision of the present section giving a direct review by the Sup1·eme Court of a judgment or decree of a di trict court "in any case that involves the con truction or application of the Constitution of the United States; in any case in which the constitutionality of any law of the United States or the validity or construction of any treaty made under its authority is drawn in que tion; and in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States."

1\lr. CIDIMINS. I understand perfectly that part of his objection. I do not understand his reference to the court of la. t resort in a State. This bill provides for a review upon a writ of error, a judgment, or decree of court of last resort in any State in any case in which there is drawn in question the validity of a Federal statute or treaty and the decision of the State court is against its validity, or where there is drawn in question the validity of a State statute on the ground that it is repugnant to the Constitution, treaties, or laws of the United States and the decision is in favor of its validity. I do not

f1lllderstand how any case can go from a court of last resort in a State to the circuit court of appeals. There is no such provision in the law now nor i any such provision contemplated in the bill that I have presented.

Whether a constitutional question that may ari e in circuit courts of appeals should, as a matter of right, go to the Supreme Court of the United States is quite a different proposition and it is one upon which lawyers may differ. I do not impeach the view of lawyers who bold a contrary opinion. In my judgment the counh·y can well repose enough confidence in the Supreme Court of the United States to a sume that in any important matter concerning the Constitution of the United States upon which there is difference of opinion the Supreme Court will is ue its writ of certiorari and review the decision of the circuit court of appeals. It depends upon the confidence one may have in the desire of the Supreme Court of the United States to maintain uniformity of decisions with respect to the inter-pretation of the Constitution. ·

Mr. COPELAND. One last remark and then I shall close. I have simply been acting as the shock troops until the big guns could be moved up. I am not competent, of course, to discuss the que tion. But it has been stated to me that the amen<lment suggested would be of real service, becau e it is believed that if the bill should go through in its pre ent form when it went into operation and lawyers discovered that the

cil'cuit court of appeals had become a court of last resort on constitutional questions there would be surprise and dissatisfaction.

Mr. CUMMINS. Does the Senator interpret the letter he has read as suggesting that every constitutional que tion or every question that concerns the Constitution which arises in the circuit court of appeals shall as a matter of right be reviewed by the Supreme Court of the United States?

Mr. COPELAND. No ; I do not. I understand from the criticisms presented to me that in certain ca es involving the Constitution the circuit court of appeals becomes a court of last resort and that the matter ends there. That is the criticism.

Mr. CUMMINS. It is now a court of last resort. Mr. COPELAND. Upon constitutional questions? :Mr. CUMMINS. Up.on some constitutional questions. Mr. COPELAND. I take it that it would mean under the

terms of the bill that in all matters involving constitut\!>nal questions the action of the cil·cuit court of appeals would be final.

Mr. CUMMINS. No; because the Supreme Court has the right to review any decision of the circuit court of appeals upon a writ of certiorari.

Mr. COPELAND. But it would be a discretionary power? Mr. CUMMINS. It would be at the discretion of the Supreme

Court. llr. COPELAND. I assume that is the objection to this

particular clause of the bill. Mr. CUMMINS. I ought to have stated originally probably

that the bill was prepared by the justices of the Supreme Court of the United States. The work was done principally by a committee appointed from the membership of the Supreme Court. It is a bill which was most carefully studied, and I think is the result of many months of c·onsideration by that tribunal The members of that court feel that they can not do justice under the law as it now is, not only because of the very many and often repeated mistakes made by counsel in endeavoring to interpret a perfect maze of statutes in the way of reaching the Supreme Court, but because they can not reach the e cases after they are properly within its jurisdiction for so long a period of time that it becomes a denial of justice in two a pects: First, a man against whom a decree or a judgment is rendered may prosecute an appeal or a writ of error purely for delay, and if the execution of the judgment or decree is delayed for a period of anywhere from 15 to 20 months, it sometimes and oftentimes results in the loss of the advantages which the decree or the judgment gave to the succe sful litigant.

Mr. SWANSON. Mr. President, will the Senator yield fo~ a moment?

Mr. CU~ll!INS. Certainly. Mr. SWANSON. How did the Judiciary Committee stand

with reference to the passage of the bill? How many favored it and how many oppo ed it when it was reported to the Senate?

Mr. CUMMINS. When the bill was submitted to the Judiciary Committee there was not a vote against it. All of the members of the Judiciary Committee were not present when the bill was ordered to be reported to the Senate. It is a little invidious to mention individual members of the Judiciary Committee, and I do not intend to do it.

l\Ir. WALSH of Montana. Mr. President--Mr. CUMMINS. I yield to the Senator from Montana. l\Ir. WALSH of Montana. Will the Senator tell us what

members of the committee were pre ent? Mr. CUMMINS. I do not remember. A quorum of the com

mittee was present. l\Ir. WALSH of Montana. Will the Senator be able to tell

us how long the committee took to consider the bill? Mr. CUMMINS. This is the history of the bill. I intro

duced the bill at the sugge tion of the members of the Supreme Court. The bill was referred to a subcommittee, of which I was chairman, I believe, and the Senator from Missouri [Mr. SPENCER] and the Senator from Korth Carolina [l\lr. OVERMAN] were members. 'Ve caJled three members of the Supreme Com't to explain the bill. They were Justices Van Devanter, McReynolds, and Sutherland. Each of these justices expressed his view with respect to the character, the results, and the merits of the measure. The members of the subcommittee then met in executive se sion and con idered the bill

ith \ery great care, and reported it to the full committee in a written report.

Mr. SWANSON. ·was that report signed by all three members of the subcommittee

1925 CO GRESSIONAL RECORD-SENATE 2755 Mr. CUMMINS. Yes ; by all of them. There was no dissent.

That report was submitted to the full committee and the committee voted to report the bill favorably.

:Mr. REED of Missouri How much time was taken on the bill by the full committee?

Mr. CUMMINS. Oh, I do not remember. It was in the last days of the last session or toward the end of the last ses5ion, and I can not remember how much time was devoted in the committee to a consideration of the bill All I. know is that there seemed to be no opposition to it among the members who were present.

Mr. REED of Missouri. If the Senator will pardon me-.Mr. CUMMINS. Certainly. Mr. REED of .Missouri. My recollection in regard to the

bill is that it was called up one day and opposition at onee appeared. There was some slight discussion of the bill, bnt no attempt at a real analysis, because it would take many hours to analrze the bill, for it involves an examination of many statutes and no one can tell its meaning without first laying down and having before him the statutes that are changed. My recollection is that the bill then went over. I was not present at the meeting when the bill was reported out and had no idea that it was here on the calendar.

I want to ask the Senator from Iowa if he expects t<> press fur the pa.gsage of the bill to-day? I think it is a bill of such importance that it ought to have a full discussion on the floor. Speaking for myself, I want time really .to study it. It is a very important bill to be passed on lightly. With all the respect in the world for the judges of the Sllpreme Courtand I entertain the very highest respect for them-1 am not unmindful of the fact that it is our duty here to. enact the statutes just as it is their duty to construe them. We must exercise our judgment. ·

Mr. CUMMINS. I realize the force of all that tbe Senator from Missouri has said, and I agree that it is the duty of the Senate to giye careful consideration to the bill, because it is of great importance. I stated when the bill was reached on the calendar that I did not feel that it could be. considered under the 5-m.in.ute rule, for it is manifest that it takes longer than that even very briefly to. explain the bill. But the s.enator from Missouri will remember that when the subcomnuttee

A made its favorable report it prese~ted a brief but. comprehen ive, afte.r a~ analysis of the b1ll. That analySls of th~ bill has been in print for nearly a year and open to the ex:a.nnnation of eve:ry Senator who is interested in the subject The full committee beard an explanation of the analysis of the bill. While- it is an important bill. it is not a difficult bill for lawyers to understand.

I do not blame the Senator from New York [Mr. CoPELAND] for he itating to ent-er upon an argument with regard to the merits of the bill. He is a very modest as well as a very useful Senator, and I am very glad that he has presented the matter which he laid before the Senate, because that matter really touches the only point about which there ean be fair controversy respecting the bill. I do not mean the constitutional question altogeth-er, but whethe.r there should be any obligatory appellate jurisdiction by the Supreme Court of the United States over the decisions and decrees of the circuit courts of appeals.- I do not think there will be any question with reg.ard to the other portions of the bilL

Mr. BRUOE. Mr. President--The PRESIDING OFFICER. Does the Senator from Iowa

yield to the Senator from Maryland 1 Mr. CUMMINS. Certainly. Mr. BRUCE. Was there any division of sentiment with ref

erence to the bill among the lawyers who are members of the committee?

1.\lr. CUMMINS. I have already stated that every member of Ute committee who was present when the bill wa& ordered reported was in favor of it. '_llhere was no dissent.

Mr. BRUCE. I have listened to the Senator's entire argu. ment, except that I was called out of the Chamber to the telephone for two or three minutes, and it may have been he made that statement while I was at the telephone.

Mr. CUMMINS. I stated at th~ same time that all of the members of the committee were not p-resent when the bill waft acted upon.

M.r. OOPELAND. Mr. President, may I ask the Senator a question?

Mr. CUMMINS. Certainly. Mr. COPELAND. Would the Senator consider that· the

amendment which I have suggested would damage the bill? Mr. CUMMINS. I think it would go Yery far toward neu

tralizing the relief which the Supreme Coort seem.s to consider

necessary in order that it may do its work with reasonable promptitude.

Mr. COPELAND. I desire to have the Senator -know that my friends who have raised these objections tell me that they are in sympathy with the general objects of the bill. They have long been of the opinion that many cases of interest only to the particular litigants involved h.ave been permitted to be carried to the Supreme Conrt which should have been finally determined by either the highest court of the States in which they arose or by the circuit court of appeals in the circuits in which they arose. The United States Supreme Court is one of the three great coordinate branches of the Government, and its time and labor should, generally speaking, be devoted to matters of general interest and importance and not to deciding private controversies between citizens involving no questions of general public importance. So my friends are in great sympathy with the bill, but they are very insistent that this particular proposition will not be kindly received by the bar when it is fully understood. ·

I dislike to be in this position, as the Senator !rom Iowa knows, yet I do feel that, in justice to my friends, I must present the matter so that it may be considered by the Senate, and those who are competent to discuss the question may do so in detail.

It is said that under the present law there is an absolute right of appeal to the Supreme Court from certain classes of decisions on constitutional questions, whether made by a State court or a Federal court. Under the proposed law the decision of the highest court of the State holding a Federal statute invalid or sustaining the validity of a: State statute would be reviewable as a matter of right, whereas the identical decision, if made by a circuit court of appeals, would be final and reviewable only by certiorari.

:Mr. Cm1l\IINS. That is fairly correct, but this propo ed statute does not make a mater-ial difference in the review of cases arising in or coming from the court of last resort of a State. It does make a very great change in the law with respect to the review of decisions of cireuit courts of appeal. The rea on for that is, as I have already stated, that it is to be assumed, I think, that when a man has had two trials--! am speaking now of a private litigant-one in the district court and one in the circuit court of appeals, a further review and delay in a case of that character ought to be discretionary. That is the view that I have taken and that the Supreme Court takes in regard to this bill.

With respect to the constitutional question, I only repeat that those who have corrfidence in the desire of the Supreme Court of the United States to maintain a correct interpretation of the Constitution, and not only to maintain a correct interpretation but to make that interpretation nniform or fairly uniform throughout the country, see no objection to maldng these reviews through the writ of certiorari instead of by appeal or writ of error.

Mr. REED of Mis ouri. Mr. President, I do not wiBh to debate this question now. I am not prepared to express myself in that thoughtful and deliberate way that I should like to, touching certain phases of the bill. So far, however, as the observation of the Senator from Iowa is concerned, to the effect that a man who has had one trial in the district court and a rehearing in a circuit court of appeals having had all that he is entitled to, I offer the observation that the Supreme Court of the United States has very frequently reversed the decisiollif of various courts of appeal, and when it did reverse them it, of course, held that the litigants had not received justice in the court of appeals.

Mr. CURTIS. Mr. President. will the Senator from Mis • . sour! yield to me?

The PRESIDING OFFICER. Does the Senator from Mis· so uri yield to the Senator from Kansas?

Mr. REED of Missouri. I yield. Mr. CURTIS. I was going to suggest that it would be im

possible to pass this bill before 2 o'clock, and that it ought to be laid aside in order that we might go on with some other business, for the calendar is only to be considered until 2 o'clock under Rule VIII.

Mr. REED of Missouri. Of. course, that remark is not to be addressed to me but to the Senator from Iowa [Mr. CuMMINs].

Mr. CURTIS. I understand that. The PRESIDING OFFICER. Is there objection to laying

the bill aside? Mr. REED of Missouri. I have some further ob ervations

which I desire to make on the bill, and I shall make them later.

2756 OONGR.ESSION AL RECORD-SEN ATE J ANU .A.RY 31

Mr ... CUMMIKS. I repeat what I said in the beginning when the bill was reached on the calendar, and which ~ stated on a former day when this bill was reached upon the calendar, that I thought it desened full consideration at the hands of the Senate, but such consideration ceuld not be given to it within a half hour or an hour. My only purpose is to get a consideration for the bill at this session and in time so that the other House may consider it before the 4th of March.

Mr. 'y ALSH of Montana. If the Senator from Iowa will permit an interruption, I desire to say that I feel a very keen interest in this measure, and I very much regret that I never had any opportunity to join in any consideration of it by the Committee on the Judiciary. I had no kind of idea that the bill was going to be reported to this body. I am not at all unsympathetic with the measure; I think it an extremely wise thing to have something in the nature of a codification, as I understand this bill to provide, of the statutes affecting the jurisdiction of the Supreme Court of the United States and the method of reaching that court.

I am also in entire harmony with the view expressed by the chairman of the committee, that in those cases in which the jurisdiction of the Federal courts is appealed to upon the ground of the existence of a Federal question, the right of appeal should end with the circuit court of appeals, except l.n so far as the Federal question is concerned. I think after a man has bad a trial of a case on the merits of it in a district court, in an equity case, for instance, and then a trial on the merits of the case in the circuit court of appeals, a trial on the merits of the case in the Supreme Court of the United States is quite unjustifiable. I say so, Mr. President, because since I have been in the Senate I have traveled that course.

I was defeated in the district court, I was defeated in the circuit court of appeals. I went to the Supreme Court of the United States and tried the case there all over again and prevailed, but although I prevailed I recognize that that is intolerable.

However, in cases in which the jurisdiction is appealed to on the ground of diversity of citizenship, the right of appeal ends with the circuit court of appeals, except as the Supreme Com't of the United States may issue a writ of certiorari. I think that it should also end in the cases where the jurisdiction is in\oked upon the ground of the presence of a Federal question, except in so far as that Federal question is con-cerned. ·

Under a writ of error from a State court to the Supreme Court of the United States a -review is not had upon the entire merits of the whole case, but there is a review simply of the Federal question involved, and ordinarily that is relatively direct and simple. I believe that the same rule ought to prevail in respect to the cases that go to the circuit court of appeals, and, in my judgment, it would relieve the Supreme Court to a very large extent, and really not be to the disadvantage of justice at all ; but, Mr. President, I find it difficult to yield to the idea that the Supreme Court of the . United States ought to have the right in every ca~ to say whether their jurisdiction shall be appealed to or not.

Mr. CUMMINS. That is, the Senator means, in a case coming from the circuit court of appeals.

Mr. WALSH of Montana. In a case coming from the circuit court of appeals, where a Federal question is presented for review, or coming from a State court where a Federal question is presented for review, I do not believe that the Supreme Court of the United States ought to have the right to say whether they will or will not review it. I believe that jurisdiction ought to be made imperaUve.

Mr. CUMMINS. The obligatory jurisdiction in cases that come from the courts of last resort is still retained- substantially as it is in the present statute.

Mr. WALSH of Montana. That is a matt'er about which I desired to speak and upon which I should like to have a rather full and fair discussion. I understand that one of the prime purposes of this bill is to take away the obligatory jurisdiction of tile Supreme Court of the United States in cases brought by writ: of error from the State courts, and to repose in the Supreme Court the right to pass -in advance upon the question; but I observe . that the bill does not express that idea. I find the bill as it reads quite beyond my understanding in that respect. The first paragraph of section 237 would seem to make the jurisdiction of the Supreme Court obligatory; but tbe second paragraph would seem to make it entirely permissive or discretionary on the part of the Supreme Court ·Mr. CUMMINS. The second paragraph of that section is a

substantial reproduction of existing law. Mr. WALSH of Moutana. Exactly.

- ._j

The PRESIDING OFFICER. Will - the Senators suspend until · the Chair puts the request of the Senator from Kansas that the bill be laid aside? Is there objection t'o that?

Mr. WALSH of Montana. Mr. President, I hope that will be deferred for a few moments.

The PRESIDL~G OFFICER. Objection is made. Mr. WALSH of Montana. I shall be glad to yield to the

suggestion after a few moments. Mr. CURTIS. I thank the Senator. :Mr. CUMMINS. I desire to say in reference to the sugges

tion of the Senator from Kansas that I am entirely willing to lay this bill aside, but I should like to have an understanding in respect to the time at which we may take it up and di pose of it. I am just as anxious to bear the argument that may be made in behalf of any amendment as is the Senator who may offer the amendment. ·

~Ir. WALSH of Montana. I was going to suggest to the Senator that, in my judgment, we would make very much , better progress if this bill went back to the committee. I feel certain that the bill can be so framed there and such explanation may be made of its purport and its tenor as that probably there will be no objection from the members of the committee, or, at least, the objections will be confined to some specific matter. But I Wish to call the attention of the Senate before I close to paragraph (a) and paragraph (b) of section 237. Paragraph (a) seems to be the old statute in relation to wl'its of error to the .Supreme Court of the United States. It provides :

SEc. 237. (a) A final judgment or decree In any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute . of the United States, and the decision is against its validity; or where is drawn in question the validity of a statute of any State, on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity, may be reviewed by the Supreme Court upon a writ of error. The writ shaH have the same effect as if the judgment or decree had been rendered or passed in a court of the United States. The Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, in its discretion, award execution or remand the cause to the court from which it was removed by the writ.

That seems to be the old statute, the provision of the judiciary act of 1789.

1\h'. CUMMINS. No; the latter part of the provision the Senator read is not in the judiciary act of 1789.

Mr. WALSH of Montana. That the Supreme Court may reverse, modify, and so forth?

Mr. CUMMINS. Paragraph (b) was passed five or six years ago in connection with other matters relating to the juris· diction of the Supreme Court. That is my understanding.

Mr. WALSH of Montana. I think the Senator must refer to subdivision (b). That would seem to make the jurisdiction obligatory, that a man had a perfect right to go from the supreme court of the State to the Supreme Court of the United States without asking leave of anybody; but when you take subdivision (b) in connection with it, it puts quite a dif~ ferent aspect upon it, because that reads:

It shall be competent for the Supreme Court, by certiorari, to require that there be certified to it for review- and determination, with the same power and authority and with like effect as if ·brought up by writ of error, any cause wherein a final judgment or decre-ehas b(.'('n rendered or passed by the highest court af a State 1n which. a decision could be had where is drawn in question the validity ot a treaty or statute of the United States; or where is drawn in question the validity of o. statute of any State on the ground of its bein~ repugnant to the Constitution, treaties, or laws of the United States; or where any title, right, privilege, or immunity is specially set up or claimed by either party 1.mder the Constitution, or any treaty or .tatute of, or commission held or authority exercised under, the United States; and the power to review under this paragraph may be exercised as well where the Federal claim is su tained as where it is denied.

I remember when we passed that statute; but it seems to me that subdivision (b) certainly overlaps subdiyision (a).

Mr. CUMMINS. If there is a conflict it is in the law now. Mr. WALSH of Montana. But ~hen we revise the law and

codify it we ought to simplify it and not leave a conflict. Mr. CUMMINS. This bill provides, as already read by the

Senator fi·om 1\Iontana, in paragraph (b) of that section, which is an amendment, of course, to section 237 of the Judicial Code:

It shall be competent for the Supreme Court, by certio-rari, to require that the.re be certified to it for re·dew anu uetermination, with the same power and authority-,

1925 CONGR.ESSIONATI RECORD-SENATE 2757; And so forth. Then follows the substance of the existing law.

I do not understand that there is any material difference between this bill and the present law so far as the review of the decision of the State courts of last resort is concerned. I confess my inability clearly to understand the law that was passed four or five years ago in its application to the writ of error which is provided for in the early part of section 237.

Mr. WALSH of Montana. That is the point I am making. Here is a man who has a case in a State court. He makes the point that a certain statute violates the Constitution of the United States. The court decides against him and says it does not. Doe.· he get into the Supreme Court by absolute writ of error, obligatory jurisdiction upon tlle part of the Supreme Court of the United States, under subdivi ion (a), or must hego to subdivision (b) and go to the Supreme Court for lea-ve to come into the Supreme Court?

l\fr. CUl\L\II~S. I think be would exercise the writ of right, the writ of error, in such a case and reach the Supreme Court through it obligatory jurisdiction.

Mr. WALSH of Montana. I think it ought to be made clear what cases be may take there as of right and what ca es he mu t go and ask permi sion to take there.

~Ir. CUMMINS. I agree to the nece ity of making it clear~ Mr. REED of l\lissouri. Mr. President, I think the language

is so obscure that upon reading it now ha. tily I am ·ure I would not know which course to pur ue.

Mr. CUMMINS. As Senators know, the effort has been to change the present law as little as po sible, and I assume that that was the reason for retaining sub tantially the language of the law as it now is.

Mr. SWANSON. l\fr. President, will the Senator yield to me? ~lr. CU!\niiNS. I yield. . · Mr. S'VANSON. I am satisfied that we pos:ibly can get this

bill through if we will definitely proYide that wlwre a State statute or constitution is declared null and void as contrary to a treaty or the Constitution of the United State., or where an act of Congre s is declared null and void as retmgnant to the Constitution of the United States, there shall be an appeal as of right to the Supteme Court of the United States. It . eems to me that if there is any class of cases in the world upon which a Supreme Court ought· to exercise itl:i judgment in uniformity, it is cases of that character.

l\Ir. CuMMI~S. That jurisdiction is ol>ligatory in the pres-ent bilL

~fr. SWANSON. In all cases? Mr. CUMMINS. Certainly. Mr. SWANSON. In all eases from the circuit coUl't? Let

me ru k the Senator a specific question. As I understand, there have been two decisions in connection with the Yohltead Act limiting the amount of whisky that a doctor may prescril>e.

Mr. CUMMINS. I hope we will not get the Yolstead .Act into this law.

Mr. S'V ANSON. No; but let us take this ca ·e: One circuit court decides one way and another circuit court decides another way. If this bill passes, can that come as a matter of right imperatiyely to the Supreme Court for decision?

Mr. CUMMINS. In such a case as that the juri diction of the Supreme Court is discretionary under this bill.

Mr. SWANSON. What I want to do, fir~t, is to make it imperative as a matter of right that the Supreme Court shall pass upon acts of Congress, as to whether they shall be dedared constitutional or unconstitutional, and the next thing is not to have a State constitution or law nullified except by the Supreme Court. Instead of pas ·ing on the amount of money involved in cases, I belieYe that the best work the Supreme Court can do is in connection with far-reaching questions like that which go to the very structure of our Gm·ernment and ought to be passed on by the Supreme Court. I ha'\'"e an idea that if we will amend this bill so as to provide for a writ of e1·ror in all cases where those issues are inYolved there will be very little difficulty in passing this bill.

Mr. CUMMINS. Mr. President, may I read the first paragraph of section 237 as proposed in this bill?

Mr. SWANSON. Before that is done let me ask the Senator whether this bill can be amended so as to accomplisl1 that without impairing its usefulness as to giving the court relief from overwork?

Mr. CUMMINS. Of course it inwairs its usefulness just to that extent-that is, its usefulness as Yiewed from the standpoint of the prompt decision of the Yal'ious cases that are l>rooght to the Supreme Court.

Mr. SWANSON. Does the Senator think that an act of Congress or the constitution of a State ought to be declared

. LXVI-175

unconstitutional, without having an opportunity to have uni· form decisions in the various courts?

Mr. CUMMINS. When it comes to the comparative \alue of deciding cases promptly and the '\'"alue of having the opinion of the Supreme Court in such cases as are suggested by the Senator from Virginia, that is a matter that may very well be carefully considered.

Mr. SWANSON. I was going to suggest to the Senator who has m·ged. tl1ese objections to the bill as not giving the right of appeal rn these cases and to the Senator who has cbarO'e of this l>ill that if an agreement were reached by which the ~ourt could have jurisdiction without question in cases of that char· acter I ha\e. a~ idea that the bill. would. pass Yery promptly ; but I doubt If It could pass at this sessiOn without the rio-ht of appeal in cases like that being fixed. b

Mr. CUIDHNS. I understand. Mr. President, I am inclined to ask unanimous consent

that at the clo ·e of the routine morning bu iness on Mon~ day thi bill may be taken up.

:Mr. CURTIS. I understand there is a special order for Monday. I have no objection to going on with this bill and having it disposed of, if possible.

Mr. BRCCE. Mr. President, is the Senator asking for unanimous <'onsent?

Mr. CUMMINS. I am. l\.lr. BRUCE. I am very sorry, but my interest in the cal

endar is such that I am unable to acquiesce. I object, llr. President. Monday is the 1·egular calendar day.

Mr. WAI;SH of Montana. Then I renew the sugge. tion made a while ago, that the chairman of the committee allow the bill to be recommitted, and let us take it up in the com-mittee and see if we can not work it out in a satisfactory way.

Mr. SWANSON. I suggest that that be done, with the idea that it will be reported back within a week. ·

Mr. CUl\ll\.IINS. No; I can not agree to that. Does the Senator from Maryland object to the request for unanimous consent?

The PRESIDING OFFICER. There was objection. l\lr. CD~HIINS. Then we will go on until 2 o'clock. I yield

the floor. ~'he PRESIDING OFFICER. The que. tion is on the bill as

amended. ~r. BRUCE. Mr. Pre ident, would Tuesday suit the con-.

vemence of the Senator as well? I should not make any objec-tion to that. ·

~Jr. CUMMINS. I asked unanimous consent that at the con~u. ·ion of to-day' busine . the Senate adjourn, instead of tak-:-. rng a I'ecess, and that at the dose of the 1·outine busine"s on Monday ·morning this bill be taken up.

Mr. BRUCE. My ·uggestion was, would not Tuesday suit the • enator's convenience ju "t as well? I should not object to that.

~lr. CUMMINS. Tuesday would suit me just as well. I have no objection to that.

.. Ir. s·w ANSON. :Mr. President, I shall have to object to that if it interferes with the unfinished business. If the Senator will take it up after the routine morning business and continue its consideration until 2 o'clock, I have not objection. .

Mr. CU:MMTN S. That was my request-to continue its consideration until it is displaced by the unfinished business.

:\lr. SW A...~SON. At 2 o'clock. The PRESIDING OFFICER. The Senator from Iowa asks

unanimous con ent that at the close of morning busine s on Monday--

REVERAL SE~ATORS. No; on Tuesday. The PRESIDING OFFICER. The Chair is trying to get

out of a tangle in order to insure that when the Senate ends its session on 1\Ionday it will be by adjournment instead of reces ·, so that there will be morning business on Tuesday.

.Mr. Jl\fOOT. The latter part of the request should be changed, because the Senator requested that we adjourn to-day. ·

~lr. cr~niiNS. That, of course, would be modified. . The PRESIDING OFFICER. That is the obstacle the Chair

is tr)ing to avoid. :l\Ir. BRUCE. Mr. Pre ident, so far as I am concerned, the

situation is just this: I am deeply interested in the next number on the calendar.

llr. CU:\IMINS. I ask unanimous consent that at the close of routine morning business on Tuesday this bill be taken up.

The PRESIDIXG OFFICER. The Senator from Iowa makes the request that at the conclusion of the routine morning busine-·s on ~'uesday this bill be taken up,

Mr. SWANSON.- Until 2 o'clock .

2758 CONGRESSIONAL RECORD-SE:N ATE JANUARY 31

The PRESIDING OFFICER. Until 2 o'cl~k. Is there objection?

.Mr. SWANSON. I should like to supplement that with this: I suggest to the Senator that we adjourn on 'Monday, at the conclusion of the day's busine s, so that there will be routine morning business on Tuesday. If a recess were taken, we would not have it.

Mr. CURTIS. The Senator need not worry about that. I will see that the Senate adjourns.

The PRESIDING OFFICER. Is there objection to the request of the Senator from Iowa? The Chair hears none, and it is so ordered.

The Secretary will call the next bill on the calendar. .Mr. SMOOT. If we are to go on with the calendar now, I

suggest the absence of a quorum. The PRESIDING OFFICER. The Secretary will call the

roll. The reading clerk called the roll, and the following Senators

answered to their names: Ball Dill Kendrick Ba:vard I•'et"ris UcKC'llar Bi.Jlgha.m Fess McKinley Brookhart Fletcher Me~ ·ary Bruce !frazier Means Butler George Metcalf Cameron Hale Moses Capper llarr~s Neely Caraway Harrison Norbeck Copeland Heflin Oddie Couzens Howell Overman Cummins Jolln~on, Cnllf. Pepper Curti Johnson. Minn. - Phipp Dale .Tones, N.Mex. Reed~Pa. Dial Jones, Wash. Sheppard

Ship tt-ad Shortridge Simmons Smoot Stanfield Sterllng Swanson Trammell Wad worth Walsh, Yont. Watson Willis

The PRESIDING OFEICER. Fifty- even Senators having answered to their names, a quorum is present. The Secretary will call the next bill on the calendar.

BILLS ..L"W JOINT RESOLUTIONS P.ASSI!."D OVER

The bill ( S. 56) for the allowance of certain claims for indemnity for spoliations by the French prior to July 31, 1801, as reported by the Court of Claims, was announced as next in order.

Mr. HOWELL. Let that go over. The PRESIDING OFFICER. The bill will be pas ed O\er. The bill (S. 246) for the relief of Margaret I. Varnum, was

announced as next in order. :Mr. DIAL. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( . 3091) declaring an emergency in respect of

eertain agricultural commodities, to promote equality between agricultural commodities and other commodities, and for other pm·poses, was announced as next in order.

Mr. JONE of Washington. Let that go over. The PRE IDING Ol!,FICER. The bill will be passed over. The bill (H. R. 7111) to promote American agriculture by

making more extensively available and by expanding the service now rendered by the Department of Agriculture in gather· ing and disseminating information regarding agricultural production, competition, and demand in foreign countries in promoting the ale of farm products abroad, and in other ways, was announced as next in order.

Mr. S:llOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 1638) authorizing the Court of Claims to adjudi-

cate the claim of Capt. David McD. Shearer for compensation for the adoption and u e and acquisition by the United States Go•ernment of his patened inventions, was announced as next in order.

Mr. Sl\IOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bili ( S. 3011) to amend the act entitled "An act for the

retirement of employees in the classified civil service, and for other purpo es," approved May 22, 1920, and acts in amendment thereof, was announced as next in order.

l\Ir. SMOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 626) to prevent the sale of cotton and grain in

future markets, was announced as next in order. l\Ir. S.llOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 1230) to amend section 11 of the act entitled

"An act for the retirement of public-school teachers in the District of Columbia," appro•ed January 15, 1920, was an-nounced a next in order. ·

Mr. Sl\IOOT. There will be an amendment offered to this bill, and the Senator having it in charge not being here, I ask that it go over.

The PRESIDING OFFICER. The bill will be passed over.

The bill ( S. 1G42) to provide for the purcha ·e and sale of farm products was announced as next in order.

Mr. CURTIS .. Let that go o\·er . The PRESIDING OFFICER. The bill will be passed O\er. The bill (S. 2J70) to provide for the establishment, opera-

tion, and maintenance of foreign trade zones in port of entry of the United States, to expedite and encourage foreign commerce, and for other pmposes, was announced as next in order.

lli. JONES of '\Yashington. I will ask that that bill may go over. We could not dl ~pose of it now.

'l'he PRESIDING OFFICER. The bill will be passed over. The joint resolution ( ~- J. Res. 47) establishing a congre.

sional committee to consider ways and means. through legislation to lighten the responsibilities of the President was announced as next in order.

Mr. Sl\IOOT. Let that go over. The PRESIDING OFFICER. That joint re _olution will be

pas"ed over. The bill ( S. 2155) to amend and modify the war risk insur-

ance act was announced as next in order. Mr. REED of Pennsylvania. Let that go over. The PRESIDING OFFICER. Tile bill will be· passed over. The joint resolution (8. J. Res. 87} authorizing the erection

of a flagstaff at Fort Sumter, and for other purposes, was announced as next in order.

Mr. PEPPER. On account of the ab ence from the Chamber of the senior enntor from South Carolina. [Mr. SMITH], I will ask that the joint re. ·olution may go ovel'.

The PRESIDI~G OFFICER. The joint re: olution will be pa .... ed over.

COXSTRu.CTION OF PUBLIC BUILDINGS

The bill ( S. 2284) to provide for the construction of certain public building in the Dit:~trict of Columbia was announced a next in order.

Ir. ,_MOOT. Let that go over. Mr. FLETCHER. I woul<llike to have a vote on the amend-"

meut whicll I have proposed. ~Ir. SMOOT. I do not want to have a vote on it now. We

haY"e not very many Senators here, and I will ask that the bill go over.

l\Ir. FLETCHER. I will ask for a yea and nay vote on it, and that will bring ena tor· in.

1\lr. Sl\IOO'I. A great many of them are not in the city thi afternoon.

Air. FLETCHER. I move that the bill be taken up. Mr. SMOOT. That ean not be done under the unanimou -

consent agreement. Mr. FLETCHER. :we have not reached the hour of 2

o'clock yet. ..Ir. SMOOT. It~ consideration would take the time be-

tween now and 2 o'clock, anyway. · Mr. FLETCHER. I move that we take the bill up. The PRESIDI.~. 'G OFFICER. The Senator from Ji'lorida

movE'.· that the Senate proceed to the consideration of Senate bill 2284, to provide for the construction of certain public buildin.,. · in the Di triet of Columbia.

Mr. S:liOO'I. That motion is debatable, and it will take the time between now and 2 o'clock to debate it.

Mr. FLETCHER. The motion is not debatable before 2 o'clock.

Mr. SMOOT. Oh, ye_. it is. :)Jr. Ii'LETCHER. It is not debatable, and I a. k for a vote

on my motion. :\Ir. S:liOOT. Mr. Prel'ident, I suggest the ab.:;ence of · a

quorum. The PRESIDIXG OFFICER. The clerk will call the t•oll. The reading clerk called the roll, and the following Senators

answered to their names : Ball Fe~s Kendrick Bayard Pletcher McKellar Bingham Frazier McKinley Brookhart George ~IcLean Bruce Gla s McNary Bursum Gooding Means Butler Hale Metcalf Capper · Harreld Mo. es Cara wa~ Harri on Neely Copeland Hetlln Norbeck Curtis llowell Oddie Dale Jobn:on, Calif. Overman Dial Johnson, Minn. Pepper Dill Jones, N. ~lex. Phipps Ferris ,.,-Jones, Wash. Reed, ra.

Sheppard Sllields Ship tea.d Shortridge Simmons ,'moot Stanfield Sterling Rwanson Trammell Wadsworth · Warren Watson Willis

The PRESIDING OFFICER." Fifty-nine Senators having anl';wered to their names, a quorum is present. The hour of 2 o'clock having arrived, the Chair lays before the Senate the unfinished business, which will be stated.

192"5 CONGRESSIONAL RECORD-SENATE 2759 The READING CLERK. A bill (H. R. 4971) to amend the act

entitled "An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes," approved July 11, 1916, as amended and supplemented, and for other purposes.

The PRESIDING OFFICER. By virtue of the prev_ious order, the unfinished business is temporarily laid aside, and the Senate proceeds to the consideration of unobjected bills on the calendar. The Clerk will report the next bill on the calendar.

Mr. FLETCHER. I understand that the bill ( S. 2284) to provide for the construction of certain public buildings in the Di trict of Columbia bas gone over on the objection of the Senator from Utah?

The PRESIDING OFFICER. It bas. ROBERT JUNE

The bill ( S. 2586) for the relief of Robert June was announced as next in order.

Mr. SMOOT. Is there any member of the Committee on Claims pre ent who can answer a -question in relation to the biB'? There seems to be none, and I shall ask that it go over, although I ha-re no objection to paying the amount under the law to which the claimant is entitled.

The PRESIDIKG OFFICER. The bill will be passed over. .AMENDMENT OF TRADING WITH THE ENEMY .ACT

The bill ( S. 1548) to amend section 9 of an act entitled " An act to define, regulate, and punish trading with the enemy, and for other purpose ," approved March 4, 1923, as amended, was considered as in Committee of the Whole. ·

The bill has been reported from the Committee on the Judiciary with an amendment, on page 1, line 5, to strike out "March 4, 1923," and insert in lieu thereof "October 6, 1917," so as to read:

Be it e11acted, etc., That section 9 of an act entitled "An act to define, regulate. and puni h trading with the enemy, and for -other purposes," approved October 6, 1917, as amended, be, and hereby is, amended to read as follows :

Amend subdivision (a) of section 9 by adduig thereto the following words:

"That as to any claim or claims filed with the Alien Property Custodian unfler the provisions of this act against any insurance partnership, association, or corporation for unpaid amounts for losses or damages caused dii·ectly or indirectly by the great San Francisco conflagration of April 18, 1906, the right to plead the statute of limitations as a defense is hereby suspended. Any number of claimants against any such insurance partnership, association, or corporation for unpaid amounts for losses or damages cau ed directly or indirectly by the great San Francisco conflagration of April, 1906, may join in the same . actiun."

The amendment was agreed to. The bill was reported to the Senate as amended, and the


read the third time, and passed. The title was amended so as to read: "A bill to amend sec

tion 9 of an act entitled 'An act to define, regulate, and punish trading with the enemy, and for other pnrpo. es,' approved October 6, 1917, as amended."

BlLL .AND JOINT ltESOLUTION PASSED OVER The bill ( S. 3010) to amend the classification act of 1923,

approved March 4, 1923, wa announced as next in order. Mr. S~100'1'. Let the bill go over. The PRESIDING OFFICER. The bill goes over. The joint resolution (S. J. Res. 121) to create a body cor

porate by the name of the Alien Property Trade Investment Corporation was 11-llllounced as next in order.

Mr. McKELLAR. At the request of another Senator, I ask that the joint resolution may go over.

The PRESIDING OFFICER. The joint re. olntion will be passed over.

STEPHE:-l" .A. WI:-l"CHELL The bill ( S. 1232) for the relief of Stephen A. Winchell was

considered as in Committee of the Whole and was read, as follows:

Be it e-naoted, etc., That in the administration of the pension laws Stephen A. Winchell, late of Company K, Sixth Regiment Maine Volunteer Infantry, and of Second Company, Second Battalion Veteran Reserve Corps, shall hereafter be held and considered to have been honorably discharged from the military service of the United States as a member of Second Company, Second Battalion Veteran Reserve Corps, on the 5th day of September, 1865 : Provided, That no pay, pension, bounty, or other emolument shall accrue prior to the passage of this act.


AMENDME:-l"T OF CLASSIFICATION .ACT OF 1923

The bill (H. R. 6800) to amend an act entitled "The classifi 4

cation act of 1923," approved March 4, 1923, was announced as next in order.

Mr. SMOOT. Let the bill go over. The PRESIDING OFFICER. The bill will be pas~ed over.

PALES TINE TROUP The bill (S. 3090) for the relief of Palestine Troup was

considered as in Committee of the Whole. The bill had been reported from the Committee on Military

Affairs with amendments, on page 1, line 8, after the word "been," to strike out "honorably discharged from," and to insert in lieu thereof "mustered into," and in line 10, after the word "organization," to insert "on the 12th day of April, 1864, and to have been honorably discharged," so as to read:

Be it enacted, etc., That in the administration of the pension laws and the laws conferring rights and privileges upon honorably discharged soldiers, their widows and dependent relatives, Palestine Troup, formerly a private of Company E, Fortieth Regiment Indiana Volunteer Infantry, shall be held and considered to have been mustered into the military service of the united States as a member of said organization on the 12th day of April, 1864, and to have been honorably discharged on the 20th day of July, 1864: Pt·ovided, That no pay, bounty, or other emolument shall· accrue prior to the passage of this act.

The amendments were agreecl to. The bill was reported to the Senate as amended and the

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

the third time, and passed. HARRIMAN GEOGRAPHIC CODE SYSTEM

The joint resolution (S. J. Res. 41) authorizing a joint committee of both Hou es to in'estigate the Harriman geographic code system, now in use by the War Department, with a view to ascertaining the adaptability and application of said system in · the several executive departments and administratile branches of the Go-rernment and to rendering a just compensation to the owner thereof was announced as next in order.

Mr. SMOOT. Let the joint resolution go over. 1.he PRESIDING OFFICER. The joint resolution will be

passed over. ARBITRATION OF DISPUTES

The bill ( S. 1005) to make valid and enforceable written provisions or agreements for arbitration of disputes arising out of contracts, maritime transactionS, or commerce among the States or Territories or with foreign nations, was considered as in Committee of the Whole.

The bill had been reported from the Committee on the Judiciary with amendments, on page 1, line 6, after the word " foreign IJ to strike out "or inter tate"; on page 2, line 11, after the word " or " to insert " a contract evidencing a " ; on page 2, line 13, after the word "arising" to strike out "between the parties " ; on page 3, line 22, after the word " agreement " to insert" Prot:Ulea, That the hearing and proceedings under such agreement shall be within the di "trict in which the petition for an order directing · uch arbitration is filed " ; on page 6, after line 10, to strike out :

SEC. 8. That if the ba is <>f juri diction be diversity of citizen hip between citizens of several .States or one of the parties be a foreign State, citizen, or subject the district court or courts which would have jurisdiction if th1 matter in controversy exceeded, exclusive of interests and cost., the sum or value of $3,000, shall have juri diction to proceed hereunder, notwithstanding the amount in controversy 1 unascertained, or is to be determined by arbitration.

On page 6, line 19, strike out the numeral "9" and insert the numeral "8"; on page 7, line 3, after the word "Sec." to strike out the numeral "10" and insert the numeral "9," and to strike out "That the award in any case must be in writing and acknowledged or proYed in like manner as a deed for the con-reyance of real estate in the State or district where the a ward is made and deli,ered to the parties or their attorneys"; on page 8, line 4, to strike out the numeral " 11 " n.nd insert the numeral " 10" ; on page 9, line 1, strike out the numeral " 12" and insert the numeral " 11" ; on page 9, line 18, strike out the numeral "13" and insert the numeral "12"; page 10, trike out:

SEC. 14. That upon the granting of an order confirming, modifying, or correcting an award judgment may be entered in conformity therewith, no exception shall be taken, but an appeal may be taken from such order or judgment as hereinaftel' set forth.

.

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2760 CONGRESSIONAL· RECORD-SEN ATE JANUARY 31

On page 1:{), line 14, strike out the numeral " 15 " and insert " 13 " ; on page 11, line 8, strike out :

SEc. 16. That an appeal may be taken from an order vacating an award or from a judgment entered upon an award, as from an order or judgment in an action.

On page 11, line 11, strike out the numeral "17 " and insert " 14 " ; page 11, line 13, strike out the numeral " 18 " and insert " 15," so as to make the bill read:

Be it enacted, etc., That "maritime transactions," as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of contrm-ersy, would be embraced within admiralty jurisdiction ; " commerce," as he1·ein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Tercttory and another, or between any such Territory and any State or foreign natioi\, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any o.ther cia s o( workers engaged in foreign or interstate commerce.

SEc. 2. That a written provision in any maritime transaction or a contract evidencing a transaction involviJrg commerce to settle by arbitration a controversy thereafter arising out of such contract or trans:t.ction, or the l'efusal to. perform the whole ·or any part there{}t, o1· an agreement in writing to submit to arbitration an msting eontroversy arising out of such a conh·act, transacticrn, or 'refusal, shall be valid, irrevocable, and enfol'Ceable, save upon such grounds as exist at law or in equity fo.r the revocation of any contract.

.SEc. 3. That if -any iluit or proceeding be brought in any of the - courts of the United States upon a.ny issue referable to arbitration

under an agreellll'nt tn writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application. of one of the parties stay the trial of· the actinn until such arbitration ·bas been baCl in accordance with the terms of the agreement, providing the applicant for the stay i£1 not in def:mlt in proct'Ming with such arbitration.

SEc. 4. That a party aggrieved by the alleged failure, neglect, o.r refusal of another to arbitrate under a written agreement for arbitration may petition any court of the United States which, save for such agreement, would bave jurisdiction under the judicial code at law, in equity, or in admimlty of the subject p:tatter of a suit arising out of the controversy between the parties, fof an order directing that such arbitration proceed in the manner provided for in such agreement. Five days' notice in writing of such application -shall be served upon the party in default. Service thereof shall be made in the manner provided lJy law for the service of summons in the jurisdiction in which the proceeding is brought. The court shall hear the parties, and upo.n. being satisfied that -the making of the agreement for arbitration or the failure to comply therewith is not in issue, the court shall malre an order directing the parties to proceed to arbitration in accordance with the terms of the agreement: Pro1:ided, That the heruing and proceedings under such agreement shall be within the district in whlch the petition for an order directing such arbitration is filed. If the making of tlle arbitration agreement or the failure. neglect, or refusal to perform the same be in issue, the court shall proceed summarily to the trial thereof. If no. jury trial be demanded by the party alleged to be in default, or if the matter in dispute is within admiralty 3urisdictlon, the court shall hear and determ1ne such issue. 'Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall ma.ke an order refE>rring the issue or issues to a jury in the manner provided by law for referring to a jury issue.s in an equity action. or may specially call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no dE>fault in proceeding thereunder, the proceeding shall be dismi. Red: If the jury find that an agreement for arbitration was made in writing and that there is a defaUlt in proceeding there'under, the eourt shall make an ordE>r summarily directing the parties to proceed with the arbitration in accordance with the terms thereof.

SEc. 5. That if in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method sha11 be followed ; but if no method be provided therein, or if a method be provided and any party thereto shall fail to. avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application o.f either party to the · controversy the court shall designate and appoint an arbitrator or arbitrator:! or umpire, as the case may require, who shall act under the said agreemeut with the snme force and effect as it he or they had been spPdfieally namPd therein ; and unless otherwise proyjded in the agreement the arbitration shall be by a single arbitrator.

SEc. 6. That any a.pplicatlon to the court hereunder shall be made and ~d in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.

SEC. 7. That the arbitrators selected either as prescribed in this act or otherwise, or a majority of them, may summon In writing any person to attend before them or any of them as a witness and 1n a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses before masters of the United States courts. Said summons shall issue in the na.me of the arbitrator or arbitrators, or a majority of them, and s.hall be signed by the arbitrators, or a majority of them, and shall be directed to the said person and shall be served in the same manner as subprenas to appear and testify before the court; if any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States court in and for the district in which such arbitrators, or a majority of them, are sitting may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner now provided for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts -of the United States.

SEC. 8. That if the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, notwithstanding anything herein to the contrary, the party claiming to be ·aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of tile oth& party according to the nsual course of admiralty proceedings, and the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to· enter its decree. upon the award.

SEC. 9. If the parties in their agreement h.ave agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and there.upun the court must grant such an order unless the awariJ is vacated, modi1ied, or corrected as prescribed in the next two sections. If no court is specified in the agreement of the parties, then such ap-plication may be made to the United States court in and for the district within which such award was made. Notice of the application shall be. served upon the adverse party, and thereupon the court shall ha;e jurisdiction of such party as though he had appeared generally in the -proceeding. If the adverse party i<> a resident of the district within which the award was made, such service shall be made npon the adverse -party OI' his attorney as pTescribed by law for service of notice of motion in an action in the same court. 11' the adverse party shall be a nonresident, then the notice of the apvlication shall be served by the marshal of any district within which the adverse party may be found in Uke manner as other process of the court.

SEc. 10. That in either of the following cases the United States couct in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration-

(a) Where the award was procured by corruption, fraud, or undue means.

(b) Where there was evident partiality or corruption in the arbitratars, or either of them.

(c) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to heat· evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any .party have been prejudiced.

(d) Where the arbitrators exceeded their ,powers, or so imperfectly executed them that a mutual, final. and definite award upon the subject matter submitted was not made.

(e) Where an award is vacated and the time within which the agreement required the awru·d to be made has not expired the comt may, in its discretion, direct a rehearing by the arbitrators.

SEc. 11. That in either of the f()llowing cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration-

(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the a ward.

(b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted.

(c) Where the award is imperfect in matter of form not at'l'ecting the merits of the controversy.

The order may modlfy and cor1·ect the award so as to effect the intent tbereof and promote justice between the parties.

SEC. 12. That notice o1 a moti(}n to vacate, modify, or correct an .award must be served upon the adverse party or his attorney within

•

1925 OO~JGRESSION AL RECORD--SEN ATE 2761 three month after the award is filed or delivered. If the adverse pa.rty is a re ·ident of the district within which' the awa:cd was made, Htch service shall be made upon the adverse party or his attorney as pre cribed by law for service of notice. of motion in an eetion in the rune court. lf the adverse party shall be a nonresident, then the notice

of the application shall be served by the marshal of any district within bich the adverse party may be found in like manner as other process

of the court. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the Mme court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.

SEC. 13. That the party moving for an order confirming, modifying, >Or correcting an award shall, at the time such order is filed with the clerk for the entry of judgment thereon, also file the following papers with the clerk:

(a) The agreement; the selection or appointment, if any, of an additional arbitrator or umpire; and each written extension of tbe time, if any, ~itbin which to make the award.

(b) The award. (a) Each notice, affidavit, or other paper u ed upon an application

to confirm, mod.lly, or correct the award, and a copy of each order of the court upon uch an application.

The judgment shall be docketed as if it was rendered in an action. The judgment so entered shall have the same force and effect, in · all

respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it .may be enforced as if itl had been rendered .in an action in the court in which it is entered.

SEC. 14. That this .act may be referred to as "tbe United States arbitration 11ctl."

SEC. 15. That all acts and parts ()f acts inoonsistent with this act are hereby repealed, and this .act shall take effect on ..and after the 1st day of January next after its enactment, but shall not apply to contracts made prior· to the taking ctl'ect of this act.

The amendments were agreed to. Mr. STERLING. Mr. President, an order was made a while

ago .by .the Presiding Officer relative to House bill 646, which i identical with Senate bill 1005 now under consideration. On my own suggestion the Committee on Commerce, to which liou ~ bill 646 had been inadvertently referred, was discharged from the further consideration of the bill, and the bill was referred to the Committee on the Judiciary . .I now a k unanimous consent that that part of the order referring the bill to the Committee on tJ.;l.e Judiciary be rescinded and that the bill lie on the table.

The PRESIDING OFFICER. .Is there objection to the re-quest of the Senator from South Dakota? ,

1\Ir. JONES o.f Washington. As I understand it, the House bill is just the same as the Senate bill as now amended?

Mr. STERLING. It is. The PRESIDING OFFICER. The Chair hears no objection,

and it is so ordered. The Chair now lays before the Senate House bill 646. ·

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 646) to make valid and enforceable written provisions oT agreements for ru.·bitration of disputes arising . out of cootracts, maritime transactions, or commerce among the States or Territories, or with foreign nations."

Mr. STERLING. I ask that the amendments just adopted to Senate bill 1.005 be inserted in the House bill now before the Senate.

Mr. SMOOT. I understood the Senator to state that the House bill is exactly the same as the Senate bill as amended.

Mr. STERLING. Oh, no. Mr. SMOOT. Then the Senator can not make a motion in

that form. The PRESIDING OFFICER. The Senator fro-m South Da

kota should move to strike out all after the enacting clause in House bill S46 and insert the text of Senate bill 1005.

Mr. STERLING. Very well; that is my motion. Mr. CARAWAY. Reserving the right to object, the -senator

from North Carolina [.Mr. 0VERMA1 ] was opposed to the measure. Such an amendment was sugge ·ted in the committee.

1\!r. STERLING. That amendment is in the bill. They were all included in the bill.

Mr. CARAWAY. The one touching the que tion as to where the .arbitration shall take place?

Mr. STERLING. Yes. 1\Ir. CARAWAY. So it is not possible to drag a man ac1·oss

the country to arbitrate? l\Ir. STERLING. That amendment is till in the bill. }fr. CARAWAY. And no other amendments were agreed to

except those that went into the bill in the Judiciary Com.mittee?

Mr. STERLING. No other amendment than tho. e -that went into the bill in the committee. The committe.e amendments alone were agreed to, and it involves the last amendment suggested · by the Senator from Arkansas.

Mr. CARAWAY. The Senator will recall that there was cons~derable discussion about the language with respect to section 2 of the bill. I was going to sugge t to tbe Senator that the language, "a written provision in any maritime transaction or a contract evidencing a tran action," would seem to be rath-er remarkable. I wonder if the Senator, for the ake of saying what we mean, would not be willing to strike out "maritime transaction," and after the word "evidencing," in line ,11, page 2, insert "a contract evidencing a maritime tran."'3action." I take it that a transaction is something we do and I do not see how there could be such a thing as " a written provision in an act " that we do. A contract di.sclo es what the transaction is or is to be. Therefore, "a written provision in a contract evidencing a maritime transaction," it strikes me, is hardly a proper term. It seems -to me it would not be well to say " a written provision in a maritime transaction." I am curious to know just what the •langwJ.ge means as now in the section.

.Ur. STERI.JING. ~ will say to the Senator from Arkansas that that particular language was the subject of some discussion in the subcommittee, as the Senator will reeall.

Mr. OARAW AY. Yes; I recall it. Mr. STERLING. This phraseology is -really phrasenlogy

suggested by the Senator from Montana [:Mr. WALSH]. ·I do not think there is any ambiguity about · the language ~" that a written provision in any maritime transaction o-r a contract evidencing ·a transaction involving commerce," and so forth. I do not believe the language -will be misunderstood. It is .a little different phraseology, but the'l)urport is just the same _as .the la.D.t,auage in the Ol'iginal bill.

The PRESIDING OFFIOER. The time of the Senator from South Dakota has •expired.

1\fr. CARAWAY. I have been opposed to the provisions of the bill. I have decided that I shall not ·pre s my opposition to the extent of objecting to its consideration, but I do believe we ought to have a little pride of e:xpre sion in the use of language that would be pa sable and that we should .,ay the thing we intend to say. I do not consider ·that anybody could se-riously contend that the expre. sion "a written provision in any maritime transaction " is clear. A transaction is an act. It is not a WTitten contract evidencing that act at all. It is the act itself. If the Senator would see fit to consent-! will not pr s it to the point of offering it as an am-endment-to let it read "that a provision in any written contra~t evidencing a maritime transaction involving commerce," and £0 forth, I would be glad to have him do so.

Mr. STERLING. I fear that would limit the provisions of the bill very much. That would be ·the effect of the amendment. II'he Senato-r sugge.sts the words " a written provi ion in any contr.act evidencing a maritime transaction involving commerce." Then it would be confined to maritime transactions, and the purpo e of the bill is that it shall not only extend to maritime transactions but also to transactions involving interstate commerce as well.

'Mr. CARAWAY. I seem wholly unable to make myself clear. The thing I am trying to say is that a tran action is an act, it is something people do, and it is not a written contract. The contract may evidence what the transaction has been or what it is •to be. That is what we say we have agreed to do, but now ·to ay that a written provision in a transaction would be such a novel thing that I can not agree to it.

Mr. STERLING. Mr. President, let me ask the Senator from Arkansas a question.

The PRESIDING OFFICER. ·Does the Senator from Arkansas yield to the Senator from South Dakota?

1\Ir. C}liU WAY. Ye:. Mr. STERLING. I will ask the Senator will he eon ent to

·restore the original act? 1\Ir. CAR.A. WAY. ~ want to say to the Senator, inasmuch as

I am not very much in favor of the measul'e, I am not t:Tying to change it; I am merely trying to appeal to the Senator. I think if the Senator would consider the question ·for a minute or so be could o h·anspose those expressions that the bill would say what he intends to say. However, if the Senator desires to go ahead and say that a transaction is not a transaction, but is merely an evidence of what the transaction was, I am not going very seriously to contend with him.

.Mr. STERLING. 1\Ir . . President, I think I am quite content to leave the language stand as it is in the amendment.

2762 CONGRESSIONAL RECORD-SEN ATE JANUARY 31

~... Mr. OARAW AY. Should that be done, it would certainly be a monument to the Senator. I am perfectly willing for him to erect it.

The PRESIDING OFFICER. The question is on the amendment to strike out all after the enacting clause of the House bill and to insert in lieu thereof the Senate bill as amended.

The amendment was agreed to. The bill was reported to the Senate as amended and the

amendment wa. 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 and pas~ed. The PRE~IDENT pro tempore. Without objection Senate

bill 1005 will be indefinitely postponed. The Chair hears none. RETIREME "T FOR .ARMY AND NAVY NURSE CORPS

The bill (S. 3285) to proT'ide retirement for the Nurse Corps of the Army and Navy, was announced as next in order and was read, as follows :

Be it enacted, eto., That when a member of the Army Nurse Corps or the Navy Nurse Corps shall have served 30 years, or shall have reached the age of 50 years, having served 20 years, she may, in the discretion of the Secretary of War or the Secretary of the Navy, respectively, be retired from active service and placed on a list, hereby created in each of the aforementioned services and designated the " Nurse Corps Retired List," in the grade to which she belonged at the time of her retirement.

SEc. 2. That the annual pay of a retired member of the Army Nurse Corps or the Navy Nurse Corps shall be 3 per cent of the annual nctive base pay which she is receiving at the time of retirement multiplied by the number of complete years of service rendered prior to retirement, but not exceeding 75 per cent of such annual active base pay; and, in addition, supplemental annual retired pay for each complete year of active service rendered prior to retirement in each of the grades hereafter named, as follows : Chief nurse, $18 ; assistant superintendent, $45; director, $45; assistant director, $45; superintendent, $75: Provided, That in computing the period of service in any grade for such supplemental retired pay any period less than a year served in any higher grade may be included.

SEC. 3. That for the purpose of computing eligibility for retirement and retired pay, there shall be credited active service in the Army Nurse Corps and in the Navy Nurse Corps active service as contract nurse prior to February 2, 1901, and service as a reserve nurse on active duty since February 2, 1901.

SEc. 4. That retired nurses shall be authorized to bear the title and may, under such regulations as may be prescribed by the Secretary of War or the Secretary of the Navy, wear the uniform of the grade held at the time of retirement, and, in time of war ot• national emergency, may be employed on active duty, in the discretion of the Secretary of War or the Secretary of the Navy, and when so employed shall receive the full active pay and allowances of their respective grades.

Mr. SMOOT. Let that bill go over, Mr. President. Mr. WADSWORTH. Mr. President, "ill the Senator with

hold his objection, in order to give me an opportunity to make a very brief statement in connection with that bill?

Mr. Sl\IOOT. Yes. Mr. WADSWORTH. Mr. President, this bill was reported

from the Committee on Military Affairs on May 16, 1924.. It has been continuously on the calendar since that date. Its purpo e is to extend to the Army and Navy nurses the retirement privilege. The entire personnel of the Army and of the Navy enjoys the privilege of retirement, either after incurring disability in the line of sen·ice or upon reaching a certain age limit. All the civil employees of the United States Government, or nearly au of them, by statute enacted by Congress enjoy the retirement privilege. The only important group of which I know which does not enjoy any retirement privilege whatsoever is that embracing the Army and Navy nurses. In the judgment of the Military Affairs Committee it is a matter of simple justice to a group of women who serve their country in the military service in time of peace and in time' of war, very often under most trying and bitter conditions. This bill provide that when an Army nurse or a Navy nur"e shall haye completed 30 years' service she may be retired, just as an enli ted man in the regular service in either the Army or the Navy may be retired, or upon reaching the age of 50 years and haying served 20 years that she may be retired.

An objection has been raised against this bill every time it has been reached upon the calendar, and I should like to know the basis of the objection.

The PRESIDING OFFICER. Is there objection to the present consideration of the bill?

l\Ir. SMOOT. I desire to ask the Senator from New York if the Army and Navy nurses do not receive compensation that is equal to that received by any nurses in the United States?

Mr. WADSWORTH. No. The pay of the Al·my and Navy nurses is about 20 per cent less than is the pay of trained nurses working in outside hospitals.

Mr. SMOOT. To just what hospitals does the Senator have reference? There may be a particular hospital as to which that is true.

Mr. WADSWORTH. I refer to municipal hospitals and to private and public ho pita! .

l\Ir. S~IOOT. I think the Senator is wrong as to that. Mr. WADSWORTH. The recollection o.f the Senator from

New York is fairly di tinct about the matter, becau e he happened to be chairman of the joint committee of Congress which was charged with the revision of the pay schedules of the Army and Navy and Marine Corps and other related services. The question of the pay of nurses was examined into very carefully at that time. They were then given increase in pay, but the increase did not bring their pay up to the point of that which is enjoyed by nurses working here in Washington outside of the Army or the Navy.

Mr. SMOOT. Mr. President, I had a list of the salaries which were paid nurses in all parts of the United States.

Mr. W ADSWOR'rH. So did we. 1\lr. SMOOT. I msh to say that there are only a few hos

pitals, according to the report to which I refer, if it is conect, which pay their nurses higher salaries than those which are paid to nurses in the Army and Navy, and in tho e cases the compensation is only slightly higher, but the report shows as to the majority of hospitals in the United States that the salary of nurses is no higher than that which is paid to nurses of the Army and the Navy.

Mr. WADSWORTH. That is exactly and absolutely contrary to the finding of the joint pay committee. A nurse here in Washington in private practice is paid on the average $35 a week.

Mr. COPE~~. They are paid more than that. Mr. "' ADSWORTH. That is the minimum sum, but fre

quently it reaches $40 and sometimes $50 a week. The Army nurses at Walter Reed Hospital get about $25 a week, and they are the only people in the military service of the United States who do not enjoy the retirement privilege. They give their lives and their health to the senice, just as does a soldier, and they are entitled to the retirement privilege.

1\Ir. SMOOT. 1\lr. President, they are entitled to it if they are not receiving the same compensation which is paid for the same work outside in private life, but merely because of the fact that they are nurses in the Army and Navy, if they are receiving the same salary as those who are paid outside are receiving, does not entitle them to longevity pay and quarters and the retirement privilege and everything else.

Mr. WADSWORTH. They ·already get commutation of quarters.

Mr. SMOOT. Then they are getting more than nurses outside get.

· Mr. WADSWORTH. No; they are not at all. I do not mean to be abrupt with the Senator, but I desire to state that the committee has studied this question, and the Senator is wrong.

The PRESIDING OFFICER. The Cllair understands the objection is urged, and the bill will be pa . .3Cd over.

1\Ir. COPELAND. 1\Ir. President, I hope the objection will not be pressed.

The PRESIDIXG OFFICER. Objection ha already heen made.

l\Ir. WADSWORTH. I move that the bill be taken up. 1\Ir. SWANSON. I should like to make a statement to t.he

Senator from Utah. The PRESIDING OFFICER. The motion of the Senator

from New York [l\Ir. WADS WORTH] is not in order. 1\lr. WADSWORTH. Am I to understand that I can not

make the motion under the unanimous-consent agreement which has been entered into?

The PRESIDING OFFICER. That is correct. Mr. COPELAND. I hope the objection will not be persisted

in. Anybody who knows the situation as to the nmONe knows that nurses in private practice get not only from $35 to $50 a week but they also get commutation of quarter , and they get their board at the same time. Is there any doubt about that?

Mr. SMOOT. No; they do not. The PRESIDING OFFICER. Does the Senator from Utah

withdraw his objection to the consideration of the bill? 1\lr. Sl\IOOT. Well, 1\Ir. President--1\lr. SWANSON. I should like to say that, so far as the

Navy nurses are concerned, and others in tlle service of the Kavy, they work for le spay than is received by others engaged in similar employment on the outside.

1925 CONGRESSIONAL RECORD-SENATE 2763 Mr. SMOOT. Who is it that is working for less? Mr. SWANSON. I have known naval officers to resign from

the Navy because they could get three times as much on the outside.

Mr. SMOOT. Perhaps they might get four times as much. .Mr. SWANSON. It is the fact that they are insured for

life because of the retirement privilege, which enables them to ~ntinue in the service, notwithstanding they have flattering offers on the outside. Take the nurses, for instance. I know what they do, and I know they do not receive the average pay.

Mr. SMOOT. · I likewi. e know what they do. I know that the Senator from Virginia, of course, would give everybody in the Navy the retirement privilege or anything else they might ask· I have not any doubt about that; but I wish to be perfecth fair in this matter. If the service nurses are not receiving as much as are nurses outside, I w~uld not ?bject t? the passaO'e of this bill; but I say that the mformation wh1cb, I have is that they are receiving more than a majority of nurses in the United States are receiving; and if that is the case there is no justification for the pas age of the bill.

Mr. COPELAJ..J). Mr. President, I am sure the Senator wants to be just about this matter, but he is mistaken.

.Mr. SMOOT. How does the "Senator know that I am mistaken? Has the Senator made any investigation of this question?

Mr. COPELAND. If my colleague the enior Senator from New York [l\lr. W ..wswoBTn] is right in saying that the Army and Navy nurses receive 2:> a month--

Mr. SMOOT. He said $25 a \veek. Mr. COPELAND. Very well; $25 a week--Mr. SMOOT. But they receive more than that, I will say to

the Senator. Mr. COPELAND. What more than that do they receive? Mr. WADSWORTH. I can not think what more they receive. Mr. SMOOT. They receive commutation of quarters; they

receive longevity pay; they receive every ad\antage to-day, outside of the retirement privilege, that anyone else connected with the AI·my or Navy receives.

1\fr. WADSWORTH. Mr . .President, will the Senator yield? Mr. SMOOT. Yes. Mr. WADSWORTH. The Senator from Utah certainly knows

that a nurse in private practice gets her board and lodging, which is the equivalent of commutation of quarters, heat, light, and subsistence.

1\fr. SMOOT. When she is engaged she does perhaps receir-e subsistence to the extent of two meals a day; I have no doubt of that.

Mr. "' ADSWORTH. Yes; and the Army nurses provide their own uniforms.

Mr. SMOOT. So do the nurses in private practice supply their own uniforms.

Mr. COPELAND. Mr. President, I know the Senator wants to be fair ; but there is another point to be taken into consideration. The nurse in private practice-and I do not want to disparage her work, because she is a very important member of ociety--can choose the ca e that she is to take ; while the nurses in the Army or Na.vy, when they are brought into a case of smallpox or diphtheria or measles or some other ailment, have no choice whatever.

Mr. SMOOT. I {lo not think there is .any nurse in private practice who, when asked by a physician with whom ..,he is clo ely connected, has ever refused to take a case.

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

Mr. SMOOT. I understand my time has expired. l\Ir. COPELA!\"'D obtained the .floor. Ar. WADSWORTH. Mr. Pr~dent, will my colleague yield

to me? Mr. COPELAND. I yield. 1\fr. WADSWORTH. Speaking of the matter of pay, in the

committee report the Senator can see the schedules of pay for the Army and Navy-nurses.

1\Ir. SMOOT. I har-e that before me, and have read it. Mr. W.ADSWORTH. .And tlle Senator will notice that a

nur e who has had less than three years' service gets $840 a year. Now, I ask the Senator to think over the matter.

The PRE SID I.~. :rG OFFICER. Is there objection to the present consideration of the bill?

Mr. SMOOT. Well, Mr. President, I shall not object any further to the bill, but I think it is unjust.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.

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

NORWEGIAN STE.A.YSHIP '1 HASSEL,,

The bill ( S. 2"718) to authorize the payment of an indemnity to the Government of Norway on account of losses sustained by the owners of the Norwegian steamship Hassel as the result of a collision between that steamship and the American steam hip A usable, was considered as in Committee of tlle Whole.

The bill had been reported from the Committee on Foreign Relations with an amendment, on page 1, line 8, after the name "Hassel," to insert "or any other parties pecuniarily interested," so as to make the bill read :

Be 4t e~tacted, eto., That there is hereby author~ed to be paid to the Government of Norway, out -of any money in the Treasury not otherwise appropriated, lUI a matter of grace and without reference to the question of liability therefor, as full indemnity for the losses sustained by the owners of the Norwegian -steamship Hassel, or any other parties pecuniarily interested, as the result of a collision on August 24, 1918, between that steamship and the American steam hip A.usabl.e, operated by the War Department, the sum of $164,169.23, as recommended by the President in his IDessage to Congress of February 25, 1924, printed as Senate Document No. 52, Sixty-eighth Congress, first session.

The bill was reported to the Senate as amended, and tbe amendment was concurred in.

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

DEPUTY RECOBDER OF DEEDS, DISTBICT OF COLUMBIA.

The bill ( S. 1934) to amend, revise, and reenact section 549 of subchapter 4 of the Code of the District of Columbia, relating to the appointment of deputy recorder of deeds, and fixing compensation therefor, was considered as in Committee of the Whole.

The bill had been reported from the Committee on the District of Columbia with amendments, on page 1, line 4, after the word "all," to strike out "act necessary in the administration of his office, and the certification of the records of said office," and insert " acts " ; in lin~ 6, after the word "which," to strike out "he himself," and insert "the recorder "; in line 7, after the word "all," to strike out "written instruments required to be filed as recorded and all copies of instruments of record and certificates authorized by law filed, recorded, made, and certified," and insert " such acts," so as to make the bill read :

Be it enacted, etc., That the recorder of deeds is authodzed to appoint a second deputy recorder, who may do and perform any and all acts which the recorder Is authorized to do, and all such acts by the said seeond deputy recorder shall have the same legality, force, and effect as if performed by the recorder; the compensation of said second deputy recorder to be at the rate of $2,000 per annum, to be paid out of the fees and mnoluments of the office of the recorder of deeds. And with the appro-val of the Attorney General of -the ·United States, the recorder of deeds may from time to time fix the number and compen ation of all other employees of his -office: Provided, That any expenditure incurred by ~ in so doing shall not be a charge upon the Public Treasury, but shall be paid out of the fees and emoluments bf said office : And vro1:itlea further, That the employees of said office shall not be in excess of the number actually n~ssary for the proper conduct of aid offiee of the recorder of deeds: Pt·ovided, Jwu:e'lier, That the compensation of the first deputy recorder of deeds and that of the second deputy recorder of deeds shall not be changed except by act of Congress.


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

read the third time, and passed. DEEDS OF CHATTELS IN THE DISTRICT OF COLUMBIA

The bill (S. 1935) to amend, revi ... e, and reenact subchapter 3, ections 546 an{l 547, <>f the Code of Law of the District of Columbia, relating to the recording of deeds and chattels, was considered as in Committee of the Wh<>le.

The bill was read, as follows~ Be it enacted, etc.-SEc. 546. That no bill of sale, mortgage, or deed of trust to . ecure

a debt of any personal cba.ttel' whereof the ven~r, mortgagor, or donor shall remain in po e~:;sion, shall be valid or effectual to pas'3 the title therein, except as between ·the parties to such instruments and as to other persons having actual notice of it, unless the same be executed, acknowledged, and within 10 days from the date of such acknowl('-dgment filed in the office of the "Recorder of Deeds and th" said filing of such instrument therein .as aforesaid as to third persons not having notice of it as aforesaid shall be operative only fi:om the time -within the said 10 days ·when it 1s delivered to said recorder.

2764 CONGRESSIONAL RECORD-SENATE 1JANUAR1 31

l "And it shall not be necessary tor the Recorder of. Deeds to spread such instruments upon the records of his office, but the same shall be indexed in the manner as deeds to real estate are indexed, and said instruments shall be kept on file and shall be open to inspection by the public, and shall have the same force and legal effect as if. they were actually recorded in the books of. said office. For filino- and in· oexing such aforesaid instruments the Recorder or Deeds shall collect ~1 each.

SEC. 547. Conditional sales: No conditional sale of chattels in virtue of which the property is delivered to the purchaser, but by the terms of which the title is not to pass until the price of said chattels is fully paid, where the purchase price exceeds $100, shall be '\Talid-as against third persons acquiring title to said property from said purchaser without notice of the terms of said sale, unless the terms of said sale are reduced to writing and signed by the parties thereto nnd acknowledged by the purchaser and filed in the office of the Recorder of Deeds of the District of Columbia, and said writing shall be indexed as if the purchaser were a mortgagor and the seller a mortgagee of such chattels, and shall be operative as to third persons Without actual notice of it from the time of being filed. And for filing and indexing such an instrument, the Recorder or Deeds shall collect ,$1. These acts shall take effect 30 days after approval.

'l'he bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, 1·ead the third ~ime, and passed.

BILLS PASS ED OVER

The bill ( S. 3280) to regulate in the District of Columbia the traffic in, sale, and use of milk bottles, cans, crates, and other containers of milk and cream, to prevent fraud and deception, and for other purposes, was announced as next in order. - .Mr. DIAL. Let that bill go over.

The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 1535) gra.ntil!g relief to persons who served in

"the Military Telegraph Corps of the Army during the Civil :War was announced as next in order.

Mr. DIAL. I ask that that bill go over. The PRESIDING OFFICER. The bill will IJe passed over.

ESTATE OF BENJAMIN B.RAZNELL

' The bill ( S. 1202) for the relief of the estate of Benjamin Bra.znell, was considered as in Committee of the Whole. It dil'ects the Commis ioner of Internal Re\enue to reopen and allow the claim of the Braddock Trust Co., executor of the estate of Benjamin Braznell, late of Pittsburgh, Pa., and refund $2,323.47, being the balance of taxes illegally collected under existing laws and decisions.


GREE~PORT BASIN & CONSTRUCTION CO.

The bill (H. R. 3348) authorizing the Secretary of the Treasury to pay a. certain claim as the result of damage sustained to the marine railway of the Greenport Basin & Construction Co., was considered as in Committee of the Whole. It directs the Secretary of the T+easury to pay $559.98 to the Greenport Basin & Construction Co., of Greenport, N. Y., as compensation for damage to their marine railway caused by the United States Coast Guard cutter Pequot.


FANNIE M. IDGGINS

The bill (H. R. 1860) for the relief of Fannie l\1. Higgins, was considered as in Committee of the Whole.

The bill was read, as follows : Be it enacted, eto., That the Secretary o! the Treasury be, and he

1s hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Fannie M. Higgins the sum of $3,000 for all damages suffered by reason of her husband, John H. Higgins, being struck and fatally injured by a Government auto· mobile which was dL·iven by a regularly enlisted soldier of the United Stutes Army: Pt·ot•ided, That no part o! the amount of any item appropriated in this bill in excess of 5 per cent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered or advances made in connection with said claim: PrO'I)'ided further, That it shall be unlawful for any agent or agents, attorney or attorneys, to exact, collect, withhold, or receive any sum which in the aggregate exceeds 5 per cent of the amount of nny item appropriated in this bill on account of services rendered or ndvances made in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this net shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $300 nor more than .~2,000.

l\lr. Sl\IOOT. l\1r. President, I do not think the Congress ~ght tQ provide for the payment of attorney~· fees in cases of

this kind. This is the first bill which I have noticed allowing the payment of attorneys' fees.

Mr. SWANSON. I think it is merely a limitation. 1\fr. SMOOT. I quote from the bill : Provided, That no part of the amount of any item appropriated in

this bill in excess of 5 per cent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account o! services rendered or advances made in connection with said claim,

That is a new thing in legislation of this character. Mr. CARAWAY. 1\Ir. President, will the Senator p3.1·don me

for just a. moment? l\Ir. SMOOT. I yield. Mr. CARAWAY. I am sure the Senator is just in error,

because frequently Congress has undertaken to limit the amount that may be paid to attorneys. Because it has been discove-red that attorneys have contracted with those who seek to have their claims paid for a very much larger percentage, the Congre s has tried to provide that they shall recelre only a certain percentage. It is really for the benefit of the claimant and not for the attorney, because possibly the attorney has a contract with the claimant calling for 40 per cent or 50 per cent of the amount that the Government shall pay ; and Congress, in order to keep them from getting such exorbitant fees, proposes to provide that no more than 5 per cent shall be paid. In some cases the limit has been as high as 20 per cent.

Mr. SMOOT. I should like to have the people having claims against the United States understand that they can bring them here without any attorneys.

l\Ir. CARAWAY. Without doubt that ought to be true; but sometimes a person has a claim and puts it in the hands of au attorney and agrees that he will pay a certain part of the amount recovered, and the attorney gathers the evidence and presents the claim. Then Congress, in order to keep the attorney from getting what would be thought, possibly, an unconscionable amount, has undertaken to limit the amount that the attorney might receive by putting in a. provi o of this kind. It is really in the interest of the person whose claim is going through.

Mr. SMOOT. This is the first item of the kind I have ever seen.

1\Ir. SW A..l~SON. Mr. President, when we paid $25,000,000 to the Republic of Colombia. there was a report around here that certain counsel was to get a. vast sum of money, and we limited it:

l\lr. SMOOT. That was a different thing entirely. 1\Ir. CARAWAY. If the Senator will pardon me, since I

have been upon the Claims Committee I know that that is not an unusual thing. It has simply escaped the Senator's attention.

1\Ir. S:MOOT. I have ne-rer noticed it before, and I have watched the e things pretty closely.

1\fr. CARAWAY. I know that is true, but they have gone through; and it is in the interest of the claimant, and not in the interest of the attorney, that that sort of provision is put on .

.Mr. SWANSON. They can not get in excess of 5 per cent. It is very frequently done.


NAVY DEPARTMENT APPROPRIATIO~~s-cONFERENCE REPORT

Mr. HALE. Mr. President, I ask unanimous consent for pernils ion to pre ent a conference report and to move for its im· mediate consideration.

1\Ir. SMOOT. The Senator can not do that under the unanimous-consent agreement.

1\Ir. HALE. I do not think there is any opposition to the report. I think it will go through immediately if I can get unanimous consent, and I ask unanimous consent.

The PRESIDING OFFIOER. The Chair will notify the Senator that we are operating under one unanimous-consent agreement, which continues the consideration of the calendar. If there is no objection--

Mr. HALE. If there is no objection I should like to go ahead with this conference report.

The PRESIDING OFFICER. IB there objection to the request of the Senator from Maine? The Chair hears none. The Secretary will read the conference report.

The reading clerk read the report, as follows :

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 10724) making appropriations for the Navy Department and the naval service for the fiscal year ending June 30, 1926, and fo!: othe~ purposes, having met, aftef full ~nd free co!lference

1925 ·coNGRESSIONAL RECORD-SENATE 2765 II have agreed to recommend and do recommend to their respective Houses as follows :

That the Senate recede from its amendments numbered 1, 2, 3, 6, and 18. _

That the House recede from its disagreement to the amend! ments of the Senate numbered 5, 7, 10, 13, 16, 19, 20, 21, 22, and 24, and agree to the same.

Amendment numbered 4: That the House recede from its ' disagreement to the amendment of the Senate numbered 4, l and agree to the same with an amendment as follows: In lieu

, 1 of the matter inserted by said amendment insert the following: 1 "towns of St. Thomas, Christiansted, and Fredericksted, $125,-000; in all, $395,150"; and the Senate agree to the same.

· · Amendment numbered 9: That the House recede from its

I disagreement to the amendment of the Senate numbered 9, and agree to the same with an amendment as follows: In lieu

l of the sum proposed insert " $06,000 " ; and the Senate agree ' to the same.

Amendment numbered 11 : That the House recede from its ·disagreement to the amendment of the Senate numbered 11,

, and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$105,000"; and the Senate agree

, .to the same. Amendment numbered 12: That the House recede from its

disagreement to the amendment of the Senate numbered 12, and agree to the same with an amendment as follows : In lieu of the sum proposed insert "$64.000"; and the Senate agree ~~M~ .

Amendment numbered 14:- That the House recede ft•om its disagreement to the amendment of the Senate numbered 14,

· and agree to the same with an amendment as follows: In lieu of the sum proposed insert "$10,375,250"; and the Senate agree to the same.

Amendment numbered 17: That the House -recede from its ' disagreement to the amendment of the Senate numbered 17, and agree to the same with an amendment as follows: In lieu of the matter inserted by said amendment insert the follow

, ing: "Submarine base, Key West, Fla.: Toward completion of 1 piers, $100,000 '' ; and the Senate agree to the same.

The committee of conference have not agreed on amendments I numbered 8, 15, 23, and 25.

FBEDERICK HALE, LAWRENCE C. PHIPPS, CLAUDE A. SWANSON,

Managers on the pm·t of the Senate. BURTON L. FRENCH, GUY u. HARDY, JOHN TABER, JAMES F. BYRNES, w. B. OLIVER,

Ma.n.agers on the part of the House.

1\Ir. HALE. I move the adoption of the conference report. The motion was agreed to.

MINERAL LANDS IN INDIAN RESERVATIONS

Mr. HARRELD. Mr. President, I ask unanimous consent, out of order, to move to concur in the amendments mad~ by the House to Senate bill 876, with amendments.

The PRESIDING OFFICER. Is there objection to the request?

l\Ir. McKELLAR. Let it be read, or let a statement be made about it.

l\Ir. CURTIS. l\Ir. President, I am not going to object to this one, but I do hope we will carry out the unanimousconsent agreement and go on with the calendar. As I say, I will not object to this one.

1\lr. McKELLAR. I simply want an explanation of the matter.

:Mr. HARRELD. I think the amendments that have been made had better be read.

T11e PRESIDING OFFICER. Is there objection? If not, the Secretary will state the amendments.

l\Ir. McKELLAR. Let them be read, so that we can see whether we desire to object or not. I do not know whether to object or not until I bear the amendments. I imagine that they are all right, but I want to hear what they are.

1-'he READING CLERK. The Senator from Oklahoma moves that the Senate concur in the amendments of the House to Senate bill 876, with the following amendments:

Amend the bill, in line 3, page 2, after the words "shall be," by inserting the words "disposed of as follows, 37% 11er cent shall be paid by the Secretary of the Treasury after the expiration of each fiscal year to the State within the boundaries of ~hich the leased lands or deposits are or were located, said

moneys to be used by such State, or subdivisions thereof, for the construction and maintenance of public roads or ·for the support of public schools or other public educational institutions, as the legislature of the State may direct and 62% per cent shall be."

Amend the first paragraph of the amendment of the House by inserting the words " Executive order" after the word " within," and by striking out the words " except that such lands may only be leased and patents shall be issued for the same."

Strike out all of the second paragmph of the amendment of the Honse.

The PRESIDING OFFICER. The Chail· calls the attention of the Senator from Utah to the motion be entered to reconsider.

l\Ir. SMOOT. And to have the bill brought before the Senate. The House has· messaged the bill over here now, and the Senator asked that it be laid before the Senate. When laid before the Senate, the Senator, as I understood him, moved to concur in the amendments of the House, with amendments. The House made amendments to the Senate bill.

Mr. McKELLAR. Before I agree to it I want to know what it is about. If the Senator from Utah or the Senator from Oklahoma will tell us what the bill is about, we may agree to it in a moment

1\lr. HARRELD. This is what it is about: It affects only Executive-order Indian lands on which recently oil has been discovered, and they are collecting royalties. The question is, How shall these royalties be disposed of? This bill provides how they shall be disposed of. That is all there is to it; but, as a matter of parliamentary procedure, the motion of the Senator from Utah will have to be voted on first-the motion to reconsider.

1\-Ir. SMOOT. Yes; I understood that that would be done. !\fr. HARRELD. This bill just disposes of the money that

accumulates on these royalty interests. Mr. CURTIS. 1\Ir. President, I ask that the matter go over

until Monday. Mr. HARRELD. Mr. President, just a minute. We are

almost through with it. . The PRESIDING OFFICER. The Chair will state that there is a parliamentary tangle here. The motion to reconsider would have to be acted on first.

1\Ir. HARRELD. Yes; that is true. 1\Ir. CURTIS. I ask that the matter go over until Monday. The PRESIDING OFFICER. Objection is made, and the

matter will go over. The Secretary will state the next bill on the calendar. SALE .A.."iD USE OF MILK BOTTLES A~'lJ CONTAINERS IN THE DISTRICT

OF COLUMBIA

l\Ir. COPELAI\TD. Mr. President, I was out of the Chamber a moment ago when Senate bill 3280, Order of Business 632, was passed over on the Qbjection of the Senator from South Carolina [l\Ir. DIAL]. He understands about it now, and withdraws his objection.

1\-Ir. DIAL. I withdraw the objection. l\Ir. COPELAND. I ask unanimous consent to return to

that bill. The PRESIDING OFFICER. Is there objection to returning

to Senate bill 3280? The Chair bears none, and the Se~retary will read the bill.

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 3280) to regulate in the District of Columbia the traffic in, sale, and use of milk bottles, cans, crates, and other containers of milk and cream, to p1·event fi·aud and deception, and for other purposes, which bad been reported from the Committee on the District of Columbia, with amendments.

The amendments were, on page 3, line 2, after the words "traffic in," to strike out "or transport out of the District of Columbia"; in line 5, after the word "buy," to insert "or"; in the same line, after the words "traffic in," to strike out " or transport out of the District of Columbia " ; in line 8, after the word "person," to insert " 01' who shall transpo·rt any such registered milk bottle or bottles, can or cans, crate or crates, or ot11er containers out of the District of Columbia, with intent to deprive the registrant of such bottle or bottles, can or can8, crate or crates, or containers," so as to make the bill read:

Be it enacted~ etc., That 30 days from and after• the passage of thi£: act all bottles, cans, crates, or other containers in which milk or cream is sold or offered for sale within the District of Columbia shall have plainly and legibly branded, blown, cut, carved, embossed, or impressed thereon the name of the distributer of said milk or cream.

-

2766 CONGRESSIO rr_KL REDORD- BENATR JANUARY 31

SEC. 2. All persons, finns, pa.rtnerships, or corporations engaged 1n the bottling, selling1 or distributing of milk or cream in bottle , cans, crates, or other containers within the District of Columbia, on which the name, trade-mark, or other device designating the owner ts branded, blown, cut, cru.·ved, embossed, or impressed, shall file with the clerk of the Supreme Court of the District of- Columbia a description of the name or names, marks, or devices so used by them, the said description to be a statement under oath by the owner of said name, mark, or device. The said owner of said name, mark, or device shall, after filing the description as above required, cause the same to be published at least once a week for two con&-ecutive weeks iii a newspaper of general circulation in the District of Columbia. The said owner of said name, mark, OT device shall thereafter file with the clerk oi the Supreme Court of the District of Columbia an affidavit made by himself or any other competent person stating that said description has been published as herein provided.

T.he registration of any &Uch name, mark, or device shall be complete upon the filing of said affidavit of publication and thereafter the name, mark, or device shall be considered as registered in accordance with this act, and any bottle, can, crate, or other container on which said name, mark, or device shall be or shall be placed shall be considered as regi&tered in accordance with this act.

SEC. 3. Whoever shall by himself or his agent fill, use, sell, offer for sale, give, offer to give, buy, traffic in, or shall have in his possession with intent to fill, use, sell, offer for sale, give, offer to give, buy, or traffic in any registered milk bottle or bottles, can or cans, crate or crates, or other containers on which appears the name, mark, or device regi tered by another person, or who shall transport- any such re!dstered milk bottle or bottles, can or cans, crate- or crates, or other containers out of the District of-Columbia, with intent to deprive the registrant o! such bottle or bottles, can or cans, crate or crates, or containers shall be guilty of a misdemeanor and u,pon conviction shall be subject to the penalties prescribed in this act: Providea, That the provisions of this soction shall not apply to 8.llY person having the written consent of the person whose registered name, mark, or device shall have been in or upon said bottles, cans, crates, or other containers.

SEc. 4. Whoever shall by himself or his agent willfully deface, erase, alter, obliterate, cover up, or otherwise remove or concea l any registered name, mark, or device registered by another and being on any milk bottle, can, crate, or other container, or shall willfully break, destroy. or otherwise injure any registered milk bottle, can, crate, or other container which has been registered by another shall be guilty of a misdemeanor and upon conviction shall be subject to t.he penalties prescribed in this act: Provided, That the provisions o! this section shall not apply to any person having the written consent.of the person whose registered name, mark, or device shall have been in or upon said bottles, cans, crates, or other containers.

SEC. 5. In any pro ecution under this act, the possession of any .regis. tered milk bottle, can, crate, or other container by any person other than the person whose registered name, mark, or device shall be or . ball have been upon the arne shall be prima facie evidence of the unlawful use or traffic in the same, contrary to th-e provisions of this act: Proviaea, That the provisions of this section shall not apply to any person having the written consent of the person by whom said bottles, cans, crates, or other containers were registered.

SEC. 6. Whenever any person who has registered milk bottles, cans, crates, or other containers in accordance with the provisions of this- act shall by himself or his agent make oath before the cl~rk of the police court of the District of Columbia that be has reason to believe, and does believe, that any of his registered milk bottles, cans, crates, or other containers are being filled, used, bought, trafficked ~ held, sold. offered for sale, broken, injured, or destroyed within t.he Distrkt of Columbia contrary to the provisions of this act by any person without the written consent of the owner, the judge of the police court to whom said complaint under oath Is made may forthwith issue a search warrant directed to any police officer or other proper officer to search the premises whereon or wherein said registered milk bottles, cans, crates, or other containers are held and may issue a warrant for the arrest of the person complained against; and if any one or more of such registered milk bottles, cans, crates, or other containers, or any parts of the same, shall be found upon the premises by the officer executing the said search warrant be shall seize and take possession of all such registered milk bottles, cans, crates, or other containers, or parts thereof, and shall cause the same to be brought before the judge of the police court, who shall award the said registered milk bottles, can1l, crates, and other containers to the person entitled to the same.

SEc. 7. The requiring, taking, or accepting of any sum of' money for security for the safe-keeping and the return of any registered milk bottles, cans, crates, or other containers shall not con titute a sale of such property either conditional, optional, or otherwise in any proceeding under this act. No title may be acquired to any mark, name, or device, or any milk bottle, can, crate, or other container regi tered in accordance with this act except by the consent in writing of the person who registered the same.

SEC. 8. All perMns- who have heretofore registered any milk bettles, cans, crates, or other containers in accordance with the laws existing at the time of said registration shall be enmpted from filing a new description in accordance with the terms of tt1is act and shall be entitled to the rights and benefits ae<:ruing under this act in the same manner as if said registration was made after the passage of and in accordance with this act.

SEc. 9. Whenever the word " person " is used herein it shall apply equally as well to one or more persons, copartnerships, and corporations.

SEC. 10. The provlsioDB o~ this act shall apply to all bottles, cans, crates, and other containers in which milk or cream of any grade, quality, or character is sold or offered for sale, and shall include bottles, cans, crates, and other containers in which skimmed milk, buttermilk, double cream, and sour milk are sold.

SEC. 11. The violation of any o! the provisions of this act shall be a misdemeanor, and prosecutions .for violations of this act shall be in the police court of the District of Columbia. Upon conviction of a iolation of the provisions of this act the penalty shall be a fine of not more than $.50 for the. first offense and a fine of oot more than $100 for the second and each subsequent oft'ense. .

SEC. 12. Whenever any person who bas registered milk bottles, cans, crates, or other containers as herein provided shall have, upon complaint under oath, prosecuted any other person for violation of the provisions cf thJs act in the use, handling, holdin"', filling, selling, offering for sale, buying, trafficking in, breaking, de troylng. or transporting out of the District of Columbia of s":lch registered milk bottles, cans, crates, or other containers anu said other per on shall have been convicted on tbree occasions at least for the said unlawful use, handling, holding. filling, selling, offering for sale, buying, trafficking in, breaking, destroying, or transporting out of the District of Columbia of aid registered milk bottles, cans, crates, or other containers, then the said registrant of said milk bottles, cans, crates, or other containers shall be entitled, upon making complaint to a justice of the Supreme Court of the. District oi Columbia, holding an equity court, to have issued an injunction directed to said violator enjoining him from further illegal use, handling, holding, filllng, selling, oft'ering for sale, buying, trafficking in, breaking, destroying, or transporting out of the District of Columbia of said registered milk bottles, cans, crates, or othru· containers.


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

read the third time, and paR. ed. GRACE BUXTON

The bill (H. R. 5967) for the relief of Grace Buxton was considered as in Committee of the Whole.

The bill wa reported to the Senate without amendment, ordered to a third reading, read the third time, and pas ·cd.

BILL AND RESOLUTION P.ASSED OVER The re olution (S. Res. 234) advising the adherence of the

United States to the existing Permanent Court of International Justice, with certain amendments, was announced as next in order.

SEVEBAL SENATORS. Let that go over. The PRESIDING OFFICER. The resolution will be passed

over. The bill ( S. 2913) for the establishment of migratory-bird

refuges to furnish in perpetuity homes for migratory birdR, the e tablishment of public shooting grounds to preserve the American system of free shooting, the provision of fund for establishing such area , and the furnishing of adequate protection for migratory bird·, and for other purpose , was announced as next in order.

Mr. SMOOT. Let that go over. ~Ir. NORBECK. Mr. President, I hope we cn.n have that

bill considered at this time. I hope the Senator from Utah will withdraw his objection.

Mr. SMOOT. No, Mr. President, I have a proposition from an organization in New York suggesting a certain amendment to this bill. I have submitted that amendment to a number of the organizations in the We t intere ted in thi. measure to see if they were willing to accept it and allow the bill to pass. I have not yet received an answer, however. I hav~ hardly had time to receive an an wer. If that amendment i. agreed to, I have no objection to the pa . age of the bill.

The PRE&IDING OFFICER. Objection being made, th<' bill will be passed over.

R~ E. SWARTZ, W. J. COLLIER, AND OTIIERS

The bill (S. 2778) for the relief of R. E. ~war~, ·w. J. Collier, and others was con. ide re.tl a..; in <..'o mittee u" the Whole. It authorizes and directs the Secretary of the Treas-

1925 CONGRESS! ON AL RECORD-SEN ATE 2767 ury to pay, out of any moneys in the Treasury not otherwise appropriated, certain sums to certain parties named for remaining compensation due them for losses sustained during the year 1918 by reason of being prevented from planting cotton in the so-called noncotton zones Nos. 2 and 3 in Texas, said zones having been established to combat the menace to the entire cotton section of the United States of the pink bollworm which had entered the United States from Mexico.

The bill had been reported from the Committee on Claims, with amendments, on page 1, line 12, after the word " Mexico," to insert: "P1'0'liided, l!owever, That no claimant shall be paid an amount in excess of one-half the amount paid on his claim by the State of Texas"; and on page 41, line 22, after "$150," to insert " Total amount appropriated by this act, $235,025."

Mr. SHEPPARD. 1\Ir. President, it will not be necessary to read the list of the payees in the bill. There is quite a number of them. The average is about $143 for each one. I ask that the reading may be dispensed with;

The PRESIDING OFFICER. Is there objection to the request of the Senator from Texas? The Chair hears none.


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

read the third time, and passed. WILLIAM J. OLIYER MANUFACTURING CO •. ET AL.

The bill (S. 443) for the relief of the William J. Oliver Manufacturing Co. and William J. Oliver, of Knoxrule, Tenn., was announced as next in order.

Afr. McKELLAR. Mr. President, the House has passed an exactly similar bill, and I move that House bill 3132 be substituted for the Senate bill.

Afr. SMOOT. 'Vhat is the calendar number of the House bill?

Mr. McKELLAR. The House bill has not been acted on by the Senate committee. The House recently passed it, and the bill is on the Vice President's desk. It is exactly the same bill.

The PRESIDING OFFICER. Is there objection to substi-tuting the House bill for the Senate bill?

Mr. Sl\100'11• What is the amount carried in the House bill?

Mr. McKELLAR. It is $170,757.86. The PRESIDING OFFICER. Is there objection to substitut~

ing the House bill for the Senate bill? The Chair hears none. The Senate, as in Committee of the Whole, proceeded to con

sider the bill (H. R. 3132) for the relief of the William J. Oliver Manufacturing Co. and W'illiam J. Oliver, of Knoxville, Tenn.

The bill was reported to the Senate without amendment, or· Jlered to a third reading, read the third time, and passed.

The PRESIDING OFFICER. Without objection, Senate bill 443 will be indefinitely postponed.

BILL PAS SED OVER

The bill (S. 3050) for the relief of the Turner Com;truction Co., of New York City, was announced as next in orCer.

Mr. DIAL. Let that go over. · The .Ji>RESIDING OFFICER. The bill will be passed over.

CHAMBER OF COMMERCE OF NORTHAMPTON, MASS.

The bill ( S. 2731) for the relief of the Chamber of Commerce of the city of Northampton, 1\Iass., was announced as next in order.

Mr. BUTLER. Mr. President, this bill. appearing under Order No. 660, is identically like the bill appearing under Order No. 802, House bill 4280. I ask; that the House bill be substituted for the Senate bill.

The PRESIDING OFFICER. Is there objection to the request that the House bill be substituted for the Senate bill? The Chair hears none. · The Senate, as in Committee of the Whole, proceeded to con·sider the bill (H. R. 4280) for the relief of the Chamber of Commerce of the city of Northampton, l\Iass.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and pas ed.

The PRESIDING OFFICER. Without objection, Senate bill 2731 will be indefinitely postponed.

J1JLTC"S JO~ AS

The bill (H. R. 5762) for the relief of Julius Jonas was considered as in Committee of the Whole.

The bill was reported to the Senate without amendment, or~ dered to a third reading, read the third time, and passed.

JOSE LO"GZAU

The bill ( S. 1648) for the relief of Jose Louzau was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Jose Louzau the sum of $5,000 for personal injuries caused by being struck by a United States Army truck in Sa.v. Juan, P. R., August 27, 1920.

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

EMIL L. FLAT~

The bill (H. It 2806) for the relief of Emil L. Flaten, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Postmaster General be, and he is hereby, authorized and directed to credit the account of Emil L. Flaten, postmaster at Moorhead, Minn., in the sum of $16,391.99, due to the United States on account of postage stamps, key-deposit funds, war-savings and thrift-stamp funds, and war-tax revenue stamp funds which were lost as the result of burglary on October 27, 1920.

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

BILLS P .AS SED OVER

The bill ( S. 2935) for the -publication of official papers of the Territories of the United States now in the national archives was announced as next in order.

Mr. SMOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 300) to provide for election contests in the Senate

of the United States was announced as nen in order. Mr. JONES of Washington. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 3300) to fix the salaries of officers and employees

of the Court of Appeals of the District of Columbia, the Supreme Court of the District of Columbia, the United States Court of Claims, and the United States Court of Customs Appeals was announced as next in order.

l\lr. JONES of Washington. Let that go over. The PRESIDING OFFICER. The bill will be passed over.

NATIONAL SOCIETY, SONS OF THE .AMERICA...~ REVOLUTION

The bill (H. R. 7399) to amend section 4 of the act entitled "An act to incorporate the National Society of the Sons of the American Revolution," approved June 9, 1906, was considered as in Committee of the Whole and was read, as follows :

Be it enaated, etc., That section 4 of the act entitled "An act to in· corporate the National Society of the Sons of the American Revolution," approved June 9, 1906, is amended to read as follows:

" SEc. 4. That the property and affairs of said corporation shall b~ managed by not less than 40 trustees, who shall be elected annually at such time as shall be fixed by the by-laws, and at least one trustee shall be elected annually from a list of nominees to be made by each of the State societies and submitted in this society at least 30 days before th~ annual meeting, in accordance with the general provisions regulating such nominations as may be adopted by this society."


TRAFFIC IN CLINICAL THERMOMETERS

The bill ( S. 1671) to provide for regulating traffic in certain clinical thermometers, and for other purposes, was considered as in Committee of the Whole and was read, as follows :

Be it enacted-, etc., That for the purposes of this act a clinical thermometer shall be understood and construed to mean a maximum self-registering thermometer intended, designed, or suitable for use in determining the temperature of the body of man or other anim'al.

SEc. 2. That for the purposes of this act a clinical thermometer which is defined as correct shall be understood and construed to mean one which conforms to the standard within the tolerance established in accordance with the provisions of this · act, and which in addition complies with the specifications similarly established.

SEC. 3. That the Bureau of Standards of the Department of Commerce shall iusrect and test all clinical thermometers submitted for this purpose and all clinical thermometers which are being imported or offered for importation into the United States, to determine whether such clinical thermometers are correct, and shall mark or otherwise certify, or mark and certify, all those which are found to be correct. Por all such inspections, tests, or certifications, except those performed for the Government of the nited States, or State governments within the United States, a reasonable fee designed to make the work self-sustaining shall be charged according to a schedule promulgated by the Secretary of CoiDDlerce.

SEC. 4. That the Secretary of Commerce shall make and promul~ gate I'ules and regulations not inconsistent with this act for carry-

2768 CONGRESSIONAL RECORD-SEN ATE jANUARY 3f

1ng out the provisions of this act, and these rules and regulations shall include specification , reasonable tolerances, or permissible variations which nray be allowed, and also requirements for such designating marks to be placed upon thermometers as may be deemed necessary.

SEC. 5. That the introduction into any State or Territory or the District of Colmnbia from any other State or Territory or the District of Columbia, or from any foreign country, except in accordance with the provisions of section 6 of this act, or shipment to -any foreign country of any clinical thermometer which has not been marked or certified, or marked and certified in accordance with the provisions of secti<>n 3 uf this act, is hereby prohibited ; and any person who shall ship or deliver for shipment from any State or Territory or the Di. tl'ict of C<>lumbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other tate or Territory or the District of ColUlll'bia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver to any other per on, any clinical thermometer which has not been marked or certified or marked and certified in accordance with the provisions of section 3 of this act, or any person who shall sell or offer f<>r sale in the District of Columbia or in any Territory or in any place under the jurisdiction of the United States any such unmarked or uncertified clinical ther:mometer, or export or offer to export the same to any foreign country, hall be guilty of a misdemeanor, and for such offense oe fined not exceeding 200 for the fust Qffense, and upon conviction for each subsequent offense not exceeding $500 : Pro-&·ided, however, That any bona fide shipment of a clinical thermomet& which hns not been marked or certified or marked and certified in accordance with the provisions of section 3 of this act, when made to any laboratory of the Bureau of Standards <>f the Department of Comm·erce establi bed or ma.lntained for the purpose of inspection and testing clinical thel'mometers, in accordance 'With the provisions of section 3 of this act, for such inSpection and test, or the return shipment of any such thermometer to the person so submitting it, shall not be deemed to be a violation of the provisions of this act, and any person so shipping or reshipping a clinical thermometer shall not be deemed to be guilty of violating the provisions of this act.

SEc. 6. That the importation into the United States, without a permit from the Secretary of Commerce, of any clinical thermometer, and the importation of any clinical therntometer which is not correct, are hereby prohibited, if any such clinical thermometer is found incorl'ect, the same shall be denied entry or returned at the expense of the owner or importer. The Secretary of Commerce is hereby authorized to issue permits for the importation into the United States of clinical thermometers which are found to be correct .and to suspend or -revoke any such permit when he is satisfied that such permit is being used to effect the importation into the United States of any clinical thermometer which are not correct.

SEC. 7. That it sha.ll be unlawful for any person to count~rfeit,

duplicate or copy or to make any tal e, fraudulent, or unauthorized use of any mark or certificate placed upon or issued in connection with any thermonreter in ac,cordance with the provl ions of section 3 of this act, or to use or have in his possession any stamp, plate, templet, or other means specifically adapted or de igned for producing any such mark or certificate required in accordance with the provisions of section 3 of this act, or to counterfeit, duplicate, or copy or to make any false, fraudulent, or unauthorized use of any de ignating mark required under the provisions of section 4 of this act ; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and for each offen e shall, upon conviction thereof, be fined not to exceed 500 or shall be sentenced to one year's imprisonment or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be tined not to exceed 1,000 or sentenced to one year's imprisonment, or both such tine and imprisonment, in the disct·etion of the court.

SEC. 8. That it shall be the duty of each district attorney to whom the Secretary of Commerce shall report any violation of this act, Qr to whom any weights or measure officer or agent of any State, Territory, or the District of Columbia shall present satl factory evidence of any such violation, to cause ap,Propriate proceedings to be commenC2d and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penal tie· as in such case herein provided.

SEc. 9. That the term "Territory" as used -in this act shall include the insular po sessions of the United States. The word "person" as used in this act shall be construed to import ooth the plural and the singulat·, as the case demands, and shall include corporations, companies, societies, and as ociation . When construing and enforcing the provisions of this act, the act, <>mission, or failure of any Qfficer, agent. or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or officE.>, shall in every case be al o deemed to be the act, omission, o1· failm·e of such <'Orporation, company, society, or association as well as that of the person.

SEc. 10. That for the purpose of carrying out the provistons of this act there is hereby appropriated the sum of $200,000 from any money ln the Treasury not .otherwise appropriated, to become available immediately npon the approval of this act.

SEc. 11. That this act shall go into force and etl.'ect from and after a date six months after the date of approval of the act.

The bill was reported to the Senate, ordered to be engro ed for a third reading, read the third time, and pas ed.

BILL PASSED OVER

The bill (S. 3316) to amend an act entitled "An act to pro~ vide for the consolidation of national banking associations," approved Nov. 7, 1918; to amend section 5136 as amended, section 5137, section 5138 as amended, section 5142, section 5150, section 5155, section 5100, section 5200 as amended, ection 5202 as amended, section 5208 as amended, section 5211 as amended, of the Revised Statutes of the United States ; and to amend section 9, section 13, section 22, and section 24 of the Federal reserve act, and for other purposes was announced as next in order.

Mr. CURTIS. Let that go over. The PRESIDING OFFICER. The bill will be pa sed oYer.

A. V. YE.ABSLEY

The bill ( S. 1056) for the relief of A. V. Yearsley, was considered as in the Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay A. V. Yearsley, of Port Penn, Del., out of any money in the Treasury not otherwise appropriated, the. sum of $87.22, .said sum being due A. V. Yearsley for merchandise furnished to the Reedy Island naval station mess during the year 1919.

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

JOINT RESOLUTION PASSED OVER

The joint resolution (S. J. Res. 109) proposing an amendment to the Constitution of the United States relative to the adoption of amendments thereto was announced as next in order.

1\ir. JONES of Washington. Let that go over. The PRESIDING OFFICER. The joint resolution will be

passed over. IDA SMITH

The bill ( S. 3034) for the relief of Ida Smith was considered as in Committee of the Whole.

The bill had been report-ed from the Committee on Claims with an amendment, on line 5, to strike out "$20,000 " and to insert in lieu thereof " $2,500," so as to make the bill read :

Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and directed to pay to Ida Smith, the widow of Harris Smith, the sum of $2,500, out of any money in the Treasury not otherwise appropriated. Said Harris Smith was struck and killed August 1, 1921, by a United States mail truck.

The amendment was agreed to. 1\lr. DIAL. Mr. President, I would like to ask the committee

whether or not the deceased left minor children. In other words, if we pass this kind of a bill some other heirs may come in and ask for a further amount in order to reimburse them.

Mr. COPELAND. If the Senator will withhold his objection and let the bill pass I will ascertain the facts, and if the Government is not properly safeguarded I will promise to have the bill reconsidered.

The bill was reported to the Senate as amended, and the amendment was concurred in.


DAM ACROSS THE USSOURI RIVER, MONT.

The bill ( S. 2085) -to authorize the Broadwater Irrigation District, a Montana organization, to construct a dam acros the Mi ouri River wa ron idered as in Committee of the Whole.

The bill had been reported from the Committee on Commerce with amendments, on page 2, to add a new section to be known as section 2, and on page 3, a new section to be known a ection 3, so a~ to make the bill read :

Be it enacted, etc., That the consent of Congress is hereby granted to the Broadwater Irrigation District, a Montana organization, its successors or as igns, to construct, maintain, and operate a dam across the Missouri River at a point suitable to the interests of navigation in section 6, township 4 no1·th, range 3 east, Montana meridian, or in section 1, township 4 north, range 2 east, Montana meridian: Pro-,;idea, That the work shall not be commenced until the plans therefor have

1925 CONGRESSIONAL R.ECORD--SEN ATE 2769 been submitted to and approved by the Chief of Engineers, United States Army, and by the Secretary of War: Provided. further, That this act shall not be construed to authorize the use of such dam to develop water power or generate hydroelectric energz.

SEc. 2. That the authority granted by th'ls act shall cease and be null and void unle s the actual construction of the dam hereby authorized is commenced within one year and completed within three years from the date of approval of this act : Provided, That from and after 80 days' notice from the Federal Power Commission or other authorized agency of the United States to said district or its successors that desirable water-power development will be interfered with by the existence of said dam, the authority hereby granted to construct, maintain, and operate said dam shall terminate and be at an end; and any grantee or licensee of the United States proposing t{) develop a power project at or near said dam shall have authority to remove, submerge, or utilize said dam under such conditions as said commission or other agency may determine, but such conditions shall not include compensation for the removal, submergence, or utilization of said dam.

SEc. 3. That the right to. alter, amend, or repeal this act iB hereby expressly reserved.


amendments were coneul'red in. The bill was ordered to be engrossed for a third reading,

read the third time, and passed. BILL PAS SED OVER

The bill (S. 1187) to commission Capt. William Rees Rush as a rear admiral on tlie retired list of the Navy was announced as next in order.

Mr. DIAL. Let that go over. The PRESIDING OFFICER. The bill wtil be passed over.

L.A....~DS IN WALAP..Al INDIA.N RESERVATION, AR~

The bill (S. 817) to :provide for ex~han~es of Go-ver~ment a!ld privately owned lands m th-e WalapaJ. Indian Resenation, Anz., was considered as in Committee of the Whole and was read, as follows:

Be it en:actetl, etc., That the Secretary of the Interior is hereby. authorized, in hi discretion, under rules and regulations to be prescnbed by him, to accept recunveyances to the Government of privately owned and State schMl lands and relinquishments of any valid fillngs, under the homestead laws, o1· of other t"a.lld claims within the Walapai Indian Reservation in Mohave and Coconino Counties, Ariz., and to permit lieu selections within t'he boundaries of the aid reservation by those su:rrendering their rights, so· tha.t the land retained for Indlan purposes may be consolidated and held in a solid area o far as may be possible: Provided, That the title or claim of any person m· company who refuses to r~ouvey to tbe. Government shall not be hereby a1'fected.


INDEMNITY FOB DAMAGES CAUSED BY THE A. E. F.

The blll ( S. 3408 ~ to amend an act entitled "An act to give indemnity for damages caused by American force abroad," approved April 18, 1918, and for other purpo es, was announced as next in order.

l\Ir. WILLIS. I do not desire to object to the consideration of the bill but it seem. to me from the reading of it that it is a measur~ of a good deal of importan<!e. I think we ought to ha-re some explanation of it from some member of the Committee on Military Affairs. Let it go over temporarily without prejudice.

The PRESIDING OFFICER. The bill will be passed over. TRANSFER OF CERTAIN MATERIALS TO THE DEP.ARTME:rT OF AGRI·

CULTURE

The bill (H. R. 72G9) to authorize and direct the Secretary of War to transfer rertain materials, machinery, and equipment to the Department of Agriculture was considered as in Committee of the Whole.

The bill bad been reported from the Committee on Military Affairs with amendments.

The first amendment was, on page 2, line 2, to strike out the words "'thousand five."

The amendment was agreed to. The next amendment of the committee was, on line 3, page 2,

to strike out the word " four " and insert in lieu thereof the word"' one.··

The amendment was agreed to. Mr. NORBECK. I ~uggest that we pas the bill over with

out prejudice. and I will ask that it be called up later in the day.

The PRESIDING OFFICER. The bill will be passed over.

SALE OF L.A._1•ms AT CORDOVA BAY, ALASKA

The blll (H. R. 2811) to amend section 7 of the act of February 6, 1909, entitled "An act authorizing the sale of lands at the bead of Cordova Bay, in the Territory of Alaska, and for other purposes," was considered as in Committee of the Whole and was read, as follows :

Be it ena.ctea, eto., That section 7 of the act <1f February 6, 1909, entitled "An act authorizing the sale of lands at the head of Cordova Bay, in the Territory of Alaska, and for other purposes," be amended to read as follows :

"SEc. 7. That the corporation named in section 1 of. this act, or Its assigns, shall, within six months from the approval of. the plan mentioned in the preceding section, pay to the proper receive1· the full purc.hase price <1f the lands applied for; and within five years after the issuance of patent said corporation shall do all things necessary to render 320 acres of the land purchased suitable and available for wharfage and town-site purposes in accordance with the plan thereof submitted as required in section 6 of this act, and shall within one year from the receipt of written notice !rom the Secretary of the Interior construct within said wharfage and dock area a public dock, wharf, or pier, with suitable approaches on the land side and with not less than 34 feet of water at mean low tide leading to and surrounding the same, so as to enable- ocean steamers to approach, dock, discharge, and take on cugoes th~reat; that patent for said lands shall recite that they are issued under the provisions of this act and are subject to cancellation and the land therein granted to forfeiture as h~rein provided; and i! said corporation or its assigns shall fail to comply with any of the terms and conditions of this act, either before or after the issuance of patent, all intere ts, rights, o.r title which may have aecrued or vested under this act shall be forfeited to the United States, and the appli.cation under which they accrued, or the patent under which they vested, shall be canceled: Provided, That the Secretary of the Interior may, on satlsta:ctory showing, reasonably extend the time wlthln which any of the acts enumerated in this act may be performed."

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and pa sed.

H. E. KUOA A:'W V. J. KOUP.AL

The bill (H. R. 2977) for the relief of H. E. Kuca and V. J. Koupal was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the TreasuTy be, and he is hereby, authorized to pay out of any moneys in. the Treasury, not otherwise appropriated, the sum of $2,960 to H. E. Kuca and V. J. Koupal, in settlement of their claim agairrst the Government for land on the Yankton Indian Re, ervation, . Da:lr., purchased by them through the Secretary of the Interior, title to which land now being declared by judicial decree to be in a previous purchaseT: P1·ovidecl, That the Secretary- of the Interior shall reimburse the Government, in whole or in part, out of any Indian trust property dow or hereafter owned by Amos Henry and Mary Sky Necklace, the grantors, or either of them, the amount appropriated by thls act, being the sum received by the said Amos Henry and Mary Sky Necklace, paid by said H. E. Kuca and V. J. Konpal as consideration for the land.

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

CLAIMS AG.AI~ST CHIPPEWA INDIANS OF MINNESOTA.

Tlle bill (H. R. 44Gl) to provide for the payment of eertain claims against the Chippewa Indians of Minnesota was considered as in Committee of the Whole and was read, as follows:

Be it et1acte.d, etc., That the Secretary of the Treasury be, and he. hereby is, authorized to pay out of any money in the Treasury of the Unit!'d States to the credit of the Chippewa Indians of the State of Minnesota, proceeds of the final judgment obtained in the ceurt of claims against the UniU>cl States in case No. 30447 entitled "The Mille Lac Band of Chippewa Indians in the State of Minnesota against the United States,•· the following sums: To Wah-we-yea-cumig and Ain-dus-o-geshig, Mille Lae chiefs. 5.000 each ; to Me-ge-zee, a Mille Lac chief, $1}00; to the heir ~ of Go-gee, a Mille Lac chid, $500; to the heirs of Kay-gwa-nay-be-ke-wain-zee, a MUle Lac chief, $500; upon the execution by each, or their legal representative, of a receipt in full for all claims and demands against the Chippewa Indians of Minnesota, or an:v band thereof. for sel'vices rendered and money expended in connection with the preparation or prosecution of the said case

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

2770 CONGR.ESSION .AL RECORD-SEN ATE JANUARY 31'

FORREST J. KRAMER

The bill (H. R. 7249) for the relief of Forrest J. Kramer, was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and be is herE>by, authorized to vay to Forrest J. Kramer, out of any money in the Treasury not otherwise appropriated, the sum of $104.90, being the amount due him on accotmt of the cancellation of sale to him f land ollotted to Mary Marshall, Creek Indian, roll No. 3774.


WISCONSIN -POTTA WATO:MI INDIA~S

The bill (H. R. 7239) authorizing the Secretary of the Interior to pay certain funds to -various Wisconsin-Pottawatomi In<lians, was consiuered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the tmexpended balance of approximately $2,978.05 of the appropriation in the act of March 2, 1917 (39th Stat. L. p. 991), for the support and civilization of the Wisconsin Band of Pottawatomi Indians residing in the States of Wisconsin and Michigan, as reappropriatro by the act of February 14, 1920 (41st Stat. L. p. 432), may, in the discretion of the Secretary of the Interior, be paid proportionately to such of said Indians as have not received their full shares of the benefits of the appropriation.


DANIEL F. HEALY

The bill (H. R. 3595) for the relief of Daniel F. Healy was considered as in Committee of the Whole and . was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and be is hereby, authorized and directed to pay, out of any funds in the Treasury not otherwise appropriated, the sum of $344.60, in full settlement against the Government to Daniel F. llealy for injuries sustained as a result of being struck by a Government-owned truck 1n Manchester, N. II., on ~lay 4, 1922.

The bill was reported to the Senate without amendment, OI'dered to a third reading, read the third time, and passed.

AMEniCA~ SURETY CO. OF NEW YORK ~

The bill (H. R. 4374) for the relief of the American Surety Co. of New York was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the Secretary of the '.freasury be, and he is hereby, authorized and directed to pay to the .Ameri~n Surety Co. of New York the sum of 2,000, the principal amount of two certificates of indebtedness of the United States of America, Nos. lu34G and 15a47, issued in bearer form in the denominations of $1,000 each, dated July 15, 1919, and matured March 15, 1920, de~ignated series '1'-8, without interest, such payment to be made without presentation of the certificates, which haye been lost: Pt·ot:ided, That the sai<l American Surety Co. of New York, N. Y., Rhall first file in the Treasury Department of the United States a bond in the penal sum of double the amount of the principal of aid certificates of indebtedness of the United States of .America in such form and \\ith such sureties as may be acceptable to the Secretary of the Treasury to indemnify und save harmless the Cnited States from any loss on account of the lost certificates of indebtedness hereinbefore described.


BILL PASSED OVER

The bill (S. 3372) to provide safeguards for f-uture Federal irrigation dl:'velopment and an equital>le adjustment of existing accounts on Federal irrigation projects, and for other purposes, was announced as next in order.

Mr. DIAL. Let that go over. 1.'he PRESIDING OFFICER. The bill will be passed over.

LO~GEVITY PAY•TO OFFICERS OF ARMY

The bill ( S. 4) to confer jurisdiction on the Court of Claims to certify certain findings of fact, and for other purposes, was considered as in Committee of the Whole and was read, as follows:

Be it enactecl, etc., That the Court of Claims shall certify to the proper accounting officers of the United States the findings of fad heretofore made for claimants in claims of officers of tbe United States Army for longevity pay under the decisions of tlle Supreme Court of the United States in United States v. Morton (vol. 112, U. S. Repts., p. 1) and United States v. Watson ( vol. 130, U. S. Repts., p. 80), and of the Court of Claims in Stewart v. United States (vol. 34, C. Cl. Repts., p, 553).

And that the proper accounting officers of the United States shall proceed to settle the claims so certified and all other claims for Ion· gevity pay and allowances on account of services of officers in the Regular .Army arising un~· section 15 of an act approved July 5, 1838, entitled "An act to increase the present Military Estalishmentl of the United States, and for other purposes," and subsequent actg affecting longevity pay and allowances, in accordance with the decisions of the courts of the United States in all cases in which heretofore, namely, between 1890 and 1908, such claims were di allowed by any accounting officer of the Treasury, and no decision of a comptrollet• heretofore made against a claimant under said section 15 shall prevent a settlement under the terms of this act of any such disallowed claim. Every such claim be payable to the claimant or to his widow or to his legal representative: Provided, That no claim hereunder shall be allowed if made by any person who is an assignee of such claim nor to a legal representative without proof of the existence of blood relations to whom the fund would be distributed: Provided further, That it shall be unlawful for any agent or attorney, firm of attorneys, or any person engaged heretofore or hereafter in preparing, presenting, or prosecuting any claim under this act to charge or receive more than 20 per cent of any amount appropriated in satisfaction of the claim.

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

ADDITIONAL CIRCUIT JUDGES, EIGHTH CtdCUIT

The bill (S. 99) authorizing the President to appoint two additional circuit judges for the eighth circuit was announced as next in order.

1\Ir. DIAL. I would like to have the Senator explain the necessity of having two judges in one circuit at one time.

Mr. HARRELD. I hope the Senator will withhold his objection.

1\Ir. DIAL. I haYe not objected, but I would like to have the bill explained.

1\Ir. HARRELD. This is a bill to provide for two additional circuit judges in the eighth circuit. This was recommended by the council of judges of the circuit courts of appeals and the Supreme Court for two years. It was recommended in their meeting in December, 1923, and again recommended in their meeting in 1924. It has the approval of the Department of .Justice, it has the approval of the Chief Justice of the United States, and there is a crying need for more judges in that district. Recently one of the judges died, and there was no proYision for appointing a successor. The condition is deplorable in the eighth circuit, and there is need for another judge. The junior Senator from Missouri [::\Ir. SPENCER], who lives in that di ·trict, had intended to be here and assist me in pushing this measure, because he recognizes the need.

l\Ir. DIAL. I understand the bill is not to create new positions, but to fill one position now Yacant.

:1\Ir. HARRELD. This applies to the circuit judgeship. Mr. HEE'LIN. Does the Senator mean to say that a c:rcuit

judge died and that the President could not fill his place by appointing another?

.Mr. HARRELD. For some reason, there was no provision for the appointment of a successor.

1\Ir. CARAWAY. In the eighth circuit, which is the largest circuit in the Cnited States, the judges have b!:'en behind in their dockets. One of the judges d:ed, and there was no provision for the appointment of a successor. I happen to kuow that the courts are behind in their dockets in the eighth circuit, the hardest worked circuit in the United States. It is almost as large as any other three circuits.

1\Ir. HEFLIN. That explanation is satisfactory to me. I know that as a rule, of course, the President can appoint circuit judges an~·where a Yacancy occurs, but if this is due to a special statute which provided that this judge should not be succeeded, that he was to serve for a certain length of time, until the work was finished, and then that the judgeship was to die out, I can understand why tile Pre ident has not made an appointment.

The PRESIDING OFFICER. Is there objection to the consideration of the bill?

l\fr. SHIELDS. Mr. President, about two years ago we created 24 new judgeships, and this matter was very exhaustiYely inYestiguted at that time. If my recollection is correct, the Senator from Arkansas is wrong about the extent of the circuit. My recollection is that the ninth is the largest circuit. As far as the work is concerned, at the time of our inYestigation the three judges in the eighth circuit were doing about fiye times as much as the three judges in the first cir~ cuit. They had seYeral hundred cases to try, and were trying them eYery year, and traveled over an immense territory, o-rer

1925 OONGRESSIO.rT AL REOORD-SENATE 2771 four States, I belie e. In the first circuit the three judges we1:e trying only 54 caBes a -year. Each of the judges in tile eighth. circuit tried rabout twice a.~ many ea-ses as were tried by all the judges in the first circuit. The ninth and eighth circuits were really the only two o'"erworked circuits of the nine. I do not know what the condition is now.

Mr. HARRELD. It is worse now. The PRESIDING OFFICER. Is there objection to the con

sideration of the bill? There being no objection! the Senate, as in Committee of the

whole, proceeded to consider the bill, which was read as follows:

~Be it enacted, etc., That the President be, and he is hereby, .authorized, by and with the advice and consent of the Senate, to appoint two additional circuit judges for the eighth circuit, who shall receive the arne salary as other circuit judges now receive, an:d shall reside within the said eighth circuit.

The bill was reported to the Senate without amendment, ordered to be engro sed for a third reading, read th~ third time, and pnssed.

BILLS OJ! INTERPLEADlm "BY INSURANCE ORGA..~ZATIONS

The bill ( S. 2835) to amend an act entitled "An act authorizing insurance companies or associations and fraternal beneficiary societies to file bills of interplea-der/' approved February 22, 1917, was ·considered as in 'Oommittee of the Whole.

The bill had been reported from the Committee on the Judiciary with amendments, on page 2, line 9, to strike out the words "or may claim"; in lin~ 10, to strike out the word " tenders " and ,insert in lieu theredf the word " has paid ., ; in nne 11, after the word ''thereof," to strike out " and will pay the amount so tendered, .on order," and insert in lieu thereof the words " into the registry ~· ; in line 12, after the word "court,, to strike out "to i.he clerk of said court"; on page '2, line 15, to strike ont the words " any of such claimants," ttnd insert in lien thereof 11 the beneficiary or his administrator, or, in the ease of a:n assignment, the as ·ignee '' ; and on page 3, llnP 6, after the word "liability," strike out 11 upon the payment, as directed by the court, of said insurance, indemnity, or benefits ns tendered, less complainant's court costs," so as to make the bill read :

Be it en-acted, etc., That an act approved February 22, 1917, authorizi:ug i.wrurant!e companies and fraternal societies to file bills of interpleader be amended to read as follows :

•· SECTION 1. That the district -eo.urts of the United States shnJl have ru:iginal jurisdiction to entertain and determine suits in equity begun by bills of interpleader, duly verifiea, filed by any insurance company or a.:sociation or fraternal or beneficial sgciety, and averring that one or more persuns .who are bona fide claimants against such company, associatio~ or society resides or reside within the terriigrial jurisdiction of said court; that such company, a· ociation, or society bas is. UC'd a policy of insurance or certificate of membershlp providing for the payment of $:500 or more as insurance, indemnity, ox beneiits to a beneficiary, .beueficin-rie.s, .or the .heirs, next of kin, legal representative~, or assignee of the person insured or member ; that two or more adverse claimants, citizens of different States, are claiming to be entitled to such in ·urance, indemnity, or benefits; that such company, association, or society has paid the amount thereof into the registry ot the court, there to abide the judgment of the court.

" , EC. 2. In all such cruses the district court of the district in which the beneficiary or his administrator, or, in case of an assignment, the assignee resides shall have jurisdiction of such suit, and notwithstand· ing any provision of the judicial code to file contrary s.ball have power to issue its process for all s\l.Ch claimants and to issue an &der of injunction against each of them enjoining them from instituting or pro ecuting any suit or proceeding in ani State court or in any other Federal court on such policy m· certificate of member-ship until the further onler of the court, which process and o-rder of injunction shall be returnable at such time. as the said court or a judge thereof shall determine, and shall be addressed to the United States marshals for the respective districts wherein said claimants reside or may be found.

u SEc. 3. Said court shall hear and determine the cause and shall discharge the complainant from further liability, and shall make the injrmction permanent and enter all .such other orders and decrees as mar be suitable and proper, and issue all such customary writs as may be neee.ssaxy or convenient to carry out and enforce the same."

Tile amendments were agreed to. 1\Ir. PEPPER. Mr. PreE.ident, I desire to propose an amend

ment to the bill. The amendment I think goes far to remove objections that anyone may have to the measure, and while the amendment has not been formally before the Committee on the Judiciary I think I may say in the presence of the chairman of the c-ommittee that the amendment is acceptable to those !IJ.embers of the committee who have dealt with the bill.

The PRESIDING OFFICER. The amendment proposed by the Senator from Pennsylvania will be stated.

The RE.Am:NG CLERK. Strike out, .on page .2, lines 14 to 25, inclusive, and on page 3, lines 1 to 3, inclusive, being all of section .2, and insert in lieu thereof the following :

SEC. 2. In all such cases if the policy or certific-ate is drawn pay· able to the estate of the insured, and has ·not been a.ssigned in accordance with the terms of the policy or certificate, the dlstr1.et court of the district of the .residence of the personal representative ~f the insured shall have jurisdiction of such suit. ln case the policy or certificate has been assigned during the life of the insured in accordance with the tenns of the policy or eertitlcate, the district court of the district of the residence of the assignee or of his personal representative shall have jurisdiction. In case the policy or certificate is drawn payable to a beneficiary or beneficiaries a:nd there has been no such assignment as aforesaid, the jurisdiction shall be in the di trict comt of the district in which the beneficiary or beneficiaries or their personal representatives reside. In case there are beneficiaries resident in more districts than one, then jurisdiction shall be in the distri<:t court in any district in which a beneficiary or the personal representative of a deceased beneficiary resides.

The amendment was agreed to. The bill was reported to the Senate as amended. and the

amendments were concurred in. Tlle bill was ordered to be engrossed for a third 1·eading, read

the third time, and passed. IN\ESTIG.ATIOX OF FEDERAL .FARM LOAN SYSTEM AND BOARD

The resolution (S. Res. 223) authorizing the appointment of a special committee to investigate the Federal farm loan ·system and the Jfederal Farm Loan Board was announced as next in order.

Mr. DIAL. Let the resolntion go over. The PRESIDING OFFICER. '.rhe resolution will be passed

over. EI..L.A H. SMITH

The bill ( S. 1885) for the relief of Ella H. Smith was an· nounced as next in order, and th-e Senate, as in Committee of the Whole, resumed its consideration, as follows :

Be it enaded, etc., That the S~retary of the Treasury be, and he is hereby, authorized an.d directed to pay, out of any money in the Treas· ury not otherwise appropriated, to Ella H. Smith, postmistress at Wynne, .Ark., an offiee of the second class, the sum of $3,700. which amount was lost by burglary without fault of hers, an{f which she repaid to the Government.

The PRESIDING OFFICER. The amendment in line 4, inserting the words " out of any money in the Treasury not otherwise appropriated," has been previously agreed to. If there be no further amendment, the bill \nll be reported to the Senate.

The bill was reported to the Senate as amended, and the amendment was conenrred in.

The bill was ordered to be engrossed for a third reading, reat1 the ~bird time, and pa sed.

LESLIE WARNICK 'BRENN AN

The bill ( S. 2552) for the relief of Leslie Warnick Brennan was considered as in Committee of the ·whole and was read, as follow : ·

Be it enacted, etc., 'That the Secretary of the Treasury be, a:nd he iB hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Leslie Warniek Brennan the sum of $16,419.97, being the amount expended by him in taking and distributing motion pictures used by the War Department in instruction during the World War.

The bill was reported to the Senate without amendment. ordered to be engros ed for a third reading, read the third time, a.n.d passed.

MRS. JOHN P. ·HOPKINS

The bill (H. R. 3411) for the relief of Mrs. John P. Hopkins was considered as in Committee of the Whole and was read, •as follows:

Be it enacted, e-tc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. John P. Hopkins the sum of $5,000 for damages suffered by the death of her husband, Jo-hn P. Hopkins, who was strnck and fatally injured by a beef bone negligently thrown from the kitchen of a troop train by a United States soldier, who was then and there in the service of the United States and who was then and there regularly enlisted as a. soldier of the United States Army and officially 'Performing duty o-n such train.

The bill was reported to tbe Senme without amendment, ordered to a third reading, read the third time, and passed.

CONGR.ESSIONAL R.ECORD-SENATE ' JANUARY 3f ------~~----------------------------------~------------------------------~~~~==~- L-

W. F. PAYNE

The bill (H. R. 4290) for the relief of W. F. Payne was considered as in Committee of the Whole and was read, as follows:

Be 1t enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriate(], to W. F. Payne, a citizen of El Paso, Tex., the sum of $230 for damages to an automobile belonging to said W. F. Payne, which was damaged by a collision with a truck belonging to the United States Government.


JUANA F. GAMBOA

Tile bill (H. R. 8893) for the relief of Juana F. Gamboa was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc._. That the Secretary of the Treasury be, and he is hN·eby, authorized and directed to pay, out of any money in the Treasury not otherwise appropl'iated, to Juana F. Gamboa, of El Paso, Tex., mother and sole surviving parent of Francisco Gamboa, deceased, the sum of $1,593 for the death, hQspltal, and funeral expenses of the said Francisco Gamboa, who was killed by being strut"!k by a Government truck driven by a soldier of the United States Army.

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

AME"NDME~T OF COTTON FUTURES ACT

The bill (8. 386) to amend se<:tion 5 of the Unite<l States cotton futures act, approved August 11, 1916, as amended, was announced as next in order.

Mr. DIAL. I ask that the bill may go over. I hope early next week to bring up this bill and the next bill on the calendar, and to bring them to a vote. .

The PRESIDING OFFICER. The bill will be passed over. Mr. DIAL. I make the same request with reference to

.Senate bill 3197, Order of Business 772. The PRESIDI~G OFFICER. That bill will also be pas ed

over. BILLS PASSED OVER

The bill (H. R. 2745) for the relief of J. M. Farrell was announced as next in order.

Mr. JONES of Washington. Mr. President, on the last call of the calendar this bill was pas ed over at the request of the senior Senator from Arkansas [Mr. RoBIN.SON]. He is not here to-day and I will have to ask that it may go over until he returns. .

The PRESIDING OFFICER. The bill will be passed over. The joint resolution (S. J. Res. 141) providing for the ap

pointment of a commis ion to consolidate, codify, and revise and reenact the general and permanent laws of the United States in force December 2, 1923, was announced as next in order.

Mr. SHORTRIDGE and l\Ir. ERNST. Let it go over. The PRESIDING OFFICER. The joint resolution will be

pas ed over. The bill ( S. 3445) to provide for the reorganization and more

effective coordination of the executive branch of the Government, to create the department of education and relief, an<l for other purposes, was announced as next in order.

Mr. SMOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over.

CHABLES F. PEIRCE AND OTHERS

The bill (H. R. 6328) for the relief of Charles F. Peirce, Frank T. Mann, and Mollie V. Gaither was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Comptroller General of the Unitetl States be, and be is hereby, authorized and directed to allow credit in the accounts for the quarter ending l\Iarch 31, 1920, of Charles F. Peirce, as superintendent and special disbursing agent of the Flandreftu Indian School at Flandreau, S. Dak., for payment of $1,110; Frank T. Mann, as superintendent and special disbursing agent of the Pipestone Indian School at Pipestone, Minn., for payment of $674.50; and Mollie V. Gaither, as superintendent and special disbursing agent of the Hope Indian School at Springfield, S. Dak., for paym~nt of $26G.40 ; all for payment to Frank L. Van Tassel, of Yankton, S. Dak. ; said sum being the difference in each instance between the original contract price of flour purcha ed from said Frank L. Van Tassel and the price specified in a modified contract approved by the Secretary of the Interior.

The bill was reported to the Senate without amendment, o1·<1.ere<l to a third reading, read the third time, and passed.

_.,1, CLIFFOBD W. SEIBEL AND FRANK A. VESTAL ~

The bill (H. R. 5448) f()r the relief of Clifford W. Seibel anJ Frank A. Vestal was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the General Accounting Office is hereby authorized to credit the account&' of Clifford W. Seibel, chemist ancl special disbursing agent for the Bureau of Mines, in the sum of $1,418.89, and Frank A. Vestal, special disbursing agent for the Bureau of l\Iines, in the sum of $546.42, with payments made by them for the maintenance, repair, and operation of certain motor-propelled, passenger-carrying vehicle&'.


BEATRICE J. KETTLEWELL

The bill (H. R. 5774) for the relief of Beatrice J. Kettlewell was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to Beatrice J. Kettlewell in compensation for injuries sustained on June 29, 1922, as the result of an accident in the Stanislaus National Forest.


YVONNE THERRIEN

The bill ( S. 54) for the relief of Yvonne Therrien was con· sidered as in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, in line 6, to strike out " $2,500 " and insert in lieu thereof "$300," so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury be-, and he is hereby, authorized and directed to pay to Yvonne Therrien, of Lynn; Mass., out of any money :In the Treasury not otherwise appropriated, the sum of $300 in full settlement for injuries received by being struck by a United States mall truck in the city of Boston, April 29, 1921.


amendment was concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. BILLS· PAS SED OVER

The bill ( S. 594) f9r the relief of 'Vynona A. Dixon was announced as next in order.

Mr. SMOOT. Let the bill go over. The PRESIDING OFFICER. The bill will be passed over. The bill (H. R. 4280) for the relief of the Chamber of Com·

merce of the City of Northampton, Mass., wa.s announced as next in order.

Mr. SMOOT. Let the bill go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 2033) for the relief of Philip T. Post was an.'

nounced as next in order. · Mr. SMOOT. Let the bill go over. The PRESIDING OFFICER. The bill will be passed over. The bill (H. R. 2656) to permit the correction of the general

account of Robert G. Hilton, former Assistant Treasurer of the United States, was announced as next in order.

Mr. S:MOOT. Let the bill go over. _ The PRESIDING OE'FICER. The bill will be passed over. The bill (H. R. 1539) for the relief of Caleb Aber was an-

nounced as neXt in order. Mr. DIAL. Let that go over. The PRESIDING OFFICER. The bill will be pa sed over. The bill (H. R. 21) to amend the patent and trade-mark

laws, and for other purposes, was announced as next in order. 1\Ir. ERNST. I ask that the bill may go over. The PRESIDING OFFICER. The bill will be passed over.

J. W. NEIL The bill (S. 1221) for the relief of J. W. Neil was considered

as in Committee of the Whole. The bill bad been reported from the Committee on Claims

with an amendment, on page 1, line 6, to strike out" $8,537.48" and insert in lieu thereof "$7,947.53," so as to make the bill read:

Be it ettacted, etc., That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to J. W. Neil, of Ogden, Utah, the sum of $7,04 i.53 as compensation for and in full satisfaction of any claim

1925 CONGRESSIONAL RECORD-SEN ATE 2773 such J. W. Neil may have for losses suffered by reason of the libel of a carload of sugar belonging to him on May 21, 1920, by a United States marshal under color of the act entitled "An act to provide further for the national security and defense by encouraging the production, conserving the supply, and controlling the distribution of food products and fuel," approved August 10, 1917, as amended.


amendment was concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. CLARA T. BLACK

The bill (H. R. 1326) for the relief of Clara T. Black was considered as in Committee of the Whole and was read, as follows:

Be it enactecl, etc., That the Postmaster General be, and be is hereby, autho.rized and directed to credit the account of Clara T. Black, formerly acting postmaster at Taylorsville, Ky., in the sum of $10,578.28, due the United States on account of postal stamps, warsaving certificate stamps, United States Government thrift stamps, and war-tax revenue stamp which were lost as the result of bank burglary on January 13, 1920.

The bill was reported to the Senate without amendment, ordered to a_third reading, read the third time, and passed.

NAVAL RESERVE AXD MARINE CORPS RESERVE The bill ( S. 1807) to proT"ide for the creation, organization,

and administration and maintenance of a naval reserve and a Marine Corps re erve was announced as next in order.

Mr. JONES of Washington. Let the bill go over. The PRESIDING OFFICER. The bill will be passed over.

ESTATE OF CAPT. D, H. TRffiOU The bill (H. R. 5819) for the relief of the estate of the late

Capt. D. H. Tribou, chaplain, United States Navy, was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and directed to pay to the estate of the late Capt. D. H. Tribou, chaplain, United States 1\ayy, out of any funds in the Treasury not otherwise appropriated, the sum of $2,667, said sum being the amount of restitution made by the sald chaplain out of his private funds on account of Yictory loan notes and other funds stolen from the safe in the said chaplain's quarters at the na>al home, Philadelphia, Pa., without collusion on the part of said chaplain, which note and other funds had been deposited in said safe by beneficiaries of said home and others for safe-keeping.


CAPT. FR.AXK OEERE The bill (II. R. 8258) for the relief of Capt. Frank Geere was

considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Comptroller General of the United States is hereby authorized and directed to allow and credit in the accounts of Capt. Frank Geere, Quartermaster Corps (now major, Coast Artillery Corps), the sum of $127.86 now standing as a disallowance in his accounts on the books of the General Accounting Office.

SEC. 2. That the Comptroller General of the United States is hereby authorized and directed to allow and credit in the accounts of Capt. Frank Geere, Quartermaster Corps (now major, Coast Artillery Corps), the sum of $29, being the amount found by him to be deficient in a hipment of $116,000 received on or about August 26, 1916, from the

subtreasury at New Orleans, La., for which the said Captain Geere was accountable, and which amount of $29 he has refunded to the United States to make good the shortage in these public funds.


LIEUT. RICHARD EVELYN BYRD, .JR.

The bill ( S. 3433) for the relief of Lieut. Richard Evelyn Byrd, jr., United State NaYy, was considered as in Committee of the 'Vhole.

Mr. SWANSON. 1\fr. President, the House has passed a bill exactly similar to thi in every respect, the bill H. R. 9461, and I ask to have the House bill substituted for the Senate bill.

M.r. REED of Pennsylvania. I call the Senator's attention to the fact that the bill authorizes the Secretary of the Navy to appoint a naval officer. I do not think under the Constitution he has any power to do that. It is the first time I ever saw a bill worded in that way.

The PRESIDING OFFICER. Is there objection to the request of the Senator from VITginia to substitute the ;House

_LXVI-176

bill? .. ,_The Chair hears none, and the House bill is before the Senate for consideration.

Mr. SWAN SOX. I moT"e to amend the House bill by striking out "Secretary of the Navy" and inserting in lieu thereof "President."

The PRESIDING OFFICER. The amendment will be stated.

The READING CLERK. On page 1, line 3, in the House bill strike out "Secretary of the Navy" and insert "President," so as to read :

Be it enacted etc., That the President is hereby authorized to appoint, by and with the advice and consent of the Senate, Lieut. Richard Evelyn Byrd, jr., United States Nayy, a lieutenant commander on the retired list of · the Nayy: Pm1:idea, That nothing contained herein shall entitle Lieut. llichard Evelyn Byrd, jr., to any back pay or allowanc.es.


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, and passed. The PRESIDING OFFICER. Senate bill 3-!33 will be in

definitely postponed. BILLS PASS ED OVER

The bill ( S. 708) for the relief of \arious owners of T"essels and cargoes damaged by the U. S. S. Lam.berton was announced as next in order.

Mr. SMOOT. Let the bill go O\er. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 615) for the relief of Grover Ashley was an-

nounced as next in order. 1\Ir. DIAL. Let the bill go OT"er. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 1469) to amend an act entitled "An act to estab-

lish a uniform system of bankruptcy throughout the United States, approyed July 1, 1898," and acts amendatory thereof, and supplementary thereto was announced as next in order.

1\Ir. REED of Pennsyl\ania. I ask that the bill may go O\er.

The PRESIDING OFFICER. The bill will be passed over. The bill (S. 3327) to pro\icle for the cooperati\e marketing

of agriculhlfal commodities was announced as next in order. Mr. SMOOT. Let the bill go over. The PRESIDING OFFICER. The bi'll will be passed over. The bill ( S. 2646) to pro\ide for the expeditious and prompt

settlement, mediation, and conciliation, and arbitration of disputes between carriers and their employees and subordinate officials, and for other purposes was announced as next in order.

Mr. DIAL. Let the bill go O\er. The .PRESIDING OFFICER. The bill will be passed OYer. The bill (H. R. 7588) to authorize the payment of an in-

demnity to the GoT"ernment of Norway on account of losses sustained by the owner of the Norweigian Steam hip Hassel as the result of a collision between that steamship and the American steamship A.usable was announced as next in order.

Mr. MOSES. Let the bill go over. The PRESIDING OFFICER. The bill will be passed over.

GRAZING FEES ON NATIO~AL FORESTS The bill ( S. 2424) to reduce the fees for grazing livestock

on national forests was considered as in Committee of the Whole.

The bill had been reported from the Committee on Agriculture and Forestry with an amendment.

Mr. McNARY. l\Ir. President, to this bill I desire to propose two amendments which I send to the desk.

The PRESIDING OFFICER. The fir t amendment proposed by the Senator from Oregon will be stated.

The READING CLERK. In the committee amendment, on page 3, line 9, after the word " public," insert " and such appointment shall be subject to the approT"al of the Secretary of Agriculture."

The amendment to the amendment was agreed to. The PRESIDING OFFICER. The next amendment of the

Senator from Oregon will be stated. The READING CLERK. On page 5, line 7, strike out the words

"deci ions of the board on any such appeal shall be final," and insert the following--

1\.Ir. Sl\IOOT. Upon reading the bill a little more carefully I would like to ask the Senator from Oregon if he does not think the amendment just agreed to is unwise?

277.t CONGRESSIONAL RECORD-SENATE JANUARY 31

Mr. McNARY. I certainly would not be here proposin~ it if I thought it were unwise.

Mr. SMOOT. It seems- to me if we are going to allow the Secretary of Agriculture to approve of the appointment we might as well allow these men to be appointed direct" from the public. He will have the say- o. He will control the whole thing. Why not let him make the appointment of all fh·e-men?

llr. McNARY. It is thought that it would not be- wise- entirely to remove from the jurisdiction of the SecretaTy of Agriculture whatever he might want in the way of personnel on the appeal board. He does not wa.nt a board that can take entirely out of his juri-sdiction a matter which now resides exclusively in his department. This is thought to cover situations to which he objected. The Secretary of Agriculture and the Secretary of the Interior have reached a common agreement on these bills, both relative to the grazing in national forests and on the public domain.

:\Ir. S)!OOT. Under the bill the Secretary of Agriculture has the selection of two men now. If he has the "election of a third man, he might just as well control the boa1·d, and might just as well have the whole matter in his hands.

Mr. McNARY. He has now, of course. The SecretMy of Agriculture, Mr. Gore, the Secretary of

the Interior, the Senator from Colorado [Mr. PHIPPsl and myself have discussed this matter, together with the livestock associations, and all have agreed that this amendment would take away the objections which have heretofore been interposed by the secretaries regarding the pasturing of the national forests and the public domain, and the Senator from Utah i the first one who has raised an objection.

1\lr. SMOOT. I wi h the Senator to understand that so far as the legislation is concerned I am heartily in favor of it, but I thought if we were going to have a board to pass upon this matter that the Department of Ag-riculture should not have the appointment of three out of the. five members, or ell e it should have the appointment of all. I am perfectly willing to leave the appointment of all of. the members of_ the board to the Secretary of Agriculture, l>ecau e the practical re.<rolt would be e:x:actly the same a if he were permitted to appoint three.

Mr. PHIPPS. Mr. President, if I may make a suggestion, I wili ay that the intent is to allow the Secretary of Agriculture to pJU;S upon the capabilities and qualifications of the. fifth man who may be suggested to. him as a member of the board by the other fotu merrfbers who have already been appointed. Otherwi e tho. e four men may select some one who is not competent to pass upon these questions of juri diction which may al'i e in the national forests.

l\Ir. SMDOT. Under the bill as it is now framed the Secretary of Agriculture has the appointment of four members. That being so, why not give him the appointment of all of them. as this practically proposes to do? I do not think there is anything in the whole proposition but the Secretary of Agriculture.

Mr. PHIPPS. The two members- of the board whom he appoints of his own motion, of course, are II).embers of his depa1·tment. The other two are suggested to him for nomination by the livestock assoc1ations or by the men who are u ing the forests for g:razing pmposes. He i gtven a veto power in that respect, and it is suggested that he should have the same power with reference to the fifth member. We believe the matter could be worked out properly in practice.

Mr. SMOOT. To accomplish the intent of the legislation, it seems to me the only thing to do would be to provide that the ecretary may appoint all fi1e members.

Mr. JONES of Washington. Mr. President, we have about 20,000;000 acres of forest reserves in my State, and I think I . hall object to the consideration of the bill at the present time with this amendment in it.

The PRESIDING OFFICER. There being objection, the bill goe o\er.

Mr. PHIPPS. Mr. Pre. ident, if the Senator fr-om Washington will permit me one minute, while he may be fully justified in entering the objection to the consideration of the bill at the pre. ent time, I want to take this oecasion to ay that this is a bill that is being urged by the people who are vitally interested in grazing on the national forest reseTYes; It hashad the support of all of the livestock as ociations that have held meetings in the Ia t year or so. It has also been recommended by the conference on agriculture which was appointed by the Prec.ident.

l\1r. JO:\'"E of Wa~hington. Mr. President, I appreciate what the Senator f1·om Colorado bas. tatedr but I desire to ask.

Rave these people to whom he has referred approved this amendment? I take it the amendment has not been pre ented to them for consideration.

Mr. McNARY. l\lr. President, I think I might well adn. e the Senator from Washington that the western grazers have usually approved of the measure. but I think it is unimportant. I only offered it at the suggestion of the Secretary of Agriculture. I do not think it is very important.

:Mr. JONES of Washington. If the Senator does not think it very important, let the Senator withdraw it.

l\Ir. McNARY. I hope the Senator from Washington will not anticipate me. I will reach that point in my own way. In view of the expression of antagonism by the distinguished Senator from Washington and the very great indifference of the Senator from Oregon, and in order that it may not impede the passage of this great measure, I withdraw tbe amendment.

Mr. JONES of Washington. Very good. The PRESIDENT pro tempore. The amendment i'l with

drawn. The que. tion is on agreeing to the committee amendment.

The amendment was agreed to. The bill wa. reported to the Senate as amended and the

amendment was concurred in. 'llJ!e bill was ordered to be eDt,o-rossed for a third reading, read

the third time, and passed.

BILLS PAS SED OVER

The bill ( S. 2844) to place the agricultural industry on a sound commercial basiR, to encourage agricultural cooperative associations, and for other purposes, was announced as next in order.

Mr. CURTIS. Let that bill go over. The PRESIDING OFFICER. The bill will he passed over. The bill ( S. 3278) to establish a council on universities and

colleges in the Di trict of Columbia, a:nd for other purpo es, was announced as next in order.

Mr. C.A.RA WAY_ Let that bill go over. Mr. COPELA..,D. I hope the S-enator from Arkansru will

permit this bill to be considered and pa ed. The Committ('e on Education held long hearings on it. The object of the enactment of the bill i. to wipe out the candal of the diploma mills from which we have had to suffer.

Mr. CARAWAY. If the Senator will yield to me, I de.<rlre to say that the bill goes very much further than that I have ju, t sent for a~ copy of the bill and looked at it, ancl I ~hould not like for the bill to be con idered in the brief time wu now have,. because it is 1ery sweeping.,

Mr. COPELAND. It relates only to the District of Columbia~ l\fr. CARAWAY. No; it goes very much beyond the District

of Columbia. I hope the Senator from New York will not press the bill now.

1\lr. COPELAND. Of course I shall not pre.~ the mea. ure ; but I repeat that it relates only to the District of Columbia.

Mr. CARAWAY. But it undertakes to exert pre ure all over the whole United States.

The PRESIDENT pro tempore. The bill will be paSl ed over. The bill ( S. 3459) to encourage and promote the sale and

export of agricultural product grown within the United State was announced as next in order.

:Mr_ BURSID:I. Let that bill go over. The PRESIDING OFFICER. The bill will be pa.c;:sed over.

IXIESTIG.ATIOX OF VETERANS' BUREAU

The re..,olution ( S. Res. 253) to continue the Seleet Committee on the Veterans' Bureau was ann01mced a next in order.

Mr. WALSH of Massachusetts. l\Ir. President, I sup110. e. that resolution is of but little value now, sin('e we are approa(·hing the end of the Sixty-eighth Congress. I su~gest that it he pa sed over.

The PRESIDENT pro tempore. The resoluti n will be pass d over.

l\I:r. REED of Penn .. ylvania sub equently . aid: )lr. Pre. ident, I was called from the Chamber ju t a. Calendar No. 859, being Senate Re olution 253, to continue tile Select Committee on the Veterans' Bureau, wa. reached, and> was unable to make a motion that I meant to makt'. I a. k unanimous consent now to be allowed to move that the re. olution go to the calendar under Rule IX ancl to appear on the calendar under that heading.

l\Ir. WALSH of Ma,· achu. e-tt . That di!'lpo.'ition i. agree- · able to me.

The PRESIDENT pro tempore. Without objection, tile- r~olution will be placed on the calendar untle~ Rule IX.

192~ CONGRESSIONAL RECORD-SEN ATE 2775 r..:..

FEES OF DISTRICT COURT CLERKS .

The Senate, as in Committee of the Whole, proceeded to con'sider the bill (H. R. 5420) to provide fees to be charged by clerks of the district courts of the United States, which was ?:ead as follows :

Be it enacted, etc., That the fees hereinafter provided for, and no other, shall be chargPd and collected by clerks of the district courts of the United States for services performed by them or their assistants: Provided, That all laws or parts of laws inconsistent or repugnant to the provisions of this act are hereby repealed; but nothing in this act shall repeal or in any way enlarge or mooify the provisions of the act of July 20, 1892 (27 U. S. Stat. L. p. 252), as amended by the act of June 2:5, 1910 (36 U. S. Stat. L. p. 866), and the act of June 27, 1922 ( 42 U. S. Stat. L. p. 666) : Pro~;ided further, That the United States shall not be required to pay any sum or fee herein provided for.

SEC. 2. Upon the institution of any suit or proceeding, whether by original process, removal, indictment, information, or otherwise, there shall be paid by the party or parties so instituting such suit or proceeding, as fees of the clerk for all services to be performed by him in such case or proceeding, except as hereinafter provided, the sum of $5.

SEc. 3. Upon the filing of any answer or paper joining issue, or the entering of an order for trial, there shall be charged and collected by the clerk, from the party or parties filing any such answer or paper, for services performed and to· be performed by said clerk in said case or proceeding, the further sum of $5 : Prot:ided, That after one fee, as hereinbefore pt·ovided in this section, has been paid by any defendant, cross-petitioner, intervenor, or party, other defendants, crosspetitioners, intervenors, or parties, separately appearing or filing any answer or paper in said snit or proceeding, shall pay a further fee of $2, for each answer or paper so filed: And prot:ided further, That in any criminal case, upon the entering of a plea of not guilty by any defendant, there shall be charged and taxed in the costs of said case, a fee of $5 for each defendant entering such plea, but the clerk shall not be required to account for any such fee not collected by him_

SEC. 4. Upon the entry of any judgment, decree, or final order of the court in any suit or proceeding there shall be charged and collected by the clerk, from the pre\·aillng party or parties, as an additional fee for services performed and to be performed in said suit or proceeding, the further sum of 5: P1·orided, however, That in any criminal case the clerk shall not be required to account for any such fee not collected by him.

SEC. 5. Upon the filing of any petition for appeal or writ of error to any Circuit Court of Appeals or the Supreme Court of the United States there shall be charged and collected by the clerk, from the party or parties prosecuting such appeal or writ of error, an additional fee in Paid suit or proceeding of $5.

SEc. 6. Upon the filing of any petition or application for a writ of habeas corpus, or appeal from a deportation order of a United States commissioner, there shall be charged and collected by the clerk, from the petitioner or applicant, as full payment for all services performed or to be performed by him in said proceeding, the sum of $5: Provided, That if an appeal is prosecuted from the order of the district court in said proceeding, then and in that event the additional sum of $5, as provided in section 4 of this act, shall be charged ~nd collected by the clerk.

SEC. 7. For each additional trial or final hearing, upon a reversal by a Circuit Court of Appeals or the Supreme Court of the United States, or following a disagreement by a jury or the granting of a new tt·ial or rehearing by the court, there shall be charged and collected by the clerk, ft·om the party or parties securing such reversal, new trial, or rehearing, or from the plaintiff or plaintiffs in the event of a disagreement, the further sum of $3: Protided, hozcerer, That the clerk shall not be required to account for any such fee not collected by him in any ct·iminal case: Pro1:ided further, That nothing herein contained shall pt·ohibit the court from directing by rule or standing ordel', the collection at the time the services are rendered of the fees herein enumerated, from either party, but all such fees shall be taxed as costs in the respective cases.

SEc. 8. That in addition to the fees for services renclerPd in cases, hereinbefore enumerated, the clerk shall charge and collect, for miscellaneous services performed by him, and his assistants, except when on behalf of the United States, the following fees:

1. For issuing any writ or a subpama for a witness, not in a case instituted or pending in the court from which it is issued, and filing .and entering the return of the marshal thereon, 50 cents.

2. For filing and indexing any paper, not in a case or proceeding, 25 cents.

3. For administering an oath or affirmation, not in a case or proceeding pending in the court where the oath is administered, 10 cents.

4. For an acknowledgement, certificate, affidavit, or countersigna. Fre, with seal, 50 cents.

5. For taking and certifying depositions to file, 20 cents for ' each folio of 100 words, and if taken stenographically, 15 cents per foHo additional, for the stenographer.

6. For a copy of any recot·d, entry, or other paper, and the comparison thereof, 15 cents for each folio of 100 words.

7. Fot• filing praecipe or requisition and searching the records of the court for judgments, decrees, or other instruments or suits pending, or bankruptcy proceedings, including the certifying of the results of such search, 60 cents for the fir t name and 25 cents for each additional name embraced in the certificate.

8. For receiving, kPeping, and paying out money in pursuance of any statute or order of court, including cash bail or bonds or securities authorized by law to be deposited in lieu of other security, 1 per cent of the .amount so received, kept and paid out, or of the face value of such bonds or securities.

9. For keeping a record of surety companies and bonds thereof, 15 cents for each folio of 100 words.

10. For preparation ancl mailing notices in bankruptcy, 10 cents each for the first 20 notices and 5 cents for each additional notice : Proviaea, That this fee shall cover and include all services and expenses in connection therewith : And provided turtlze1·, That such fee shall not be deemed to be included in any other fee for services in bankruptcy proceedings.

11. For making and comparing a transcript of record on appeal or writ of error when required or requested, 15 cents for each folio of 100 words.

12. For comparing any transcript copy of record, or oth.er paper not made by the clerk with the o1·iginal thereof, 5 cents for each folio of 100 words.

13. For making a final record in any case at the request of either party or upon order of court in a particular case, 15 cents for each folio of 100 words: Provided, lwwe1:e1·, That when any such final record is made upon order of court the fees thet·efor shall be taxed in the costs of the case.

14. For admission of attorneys to practice, $1 each; for certificate of admission to be furnished upon request, $2 additional.

15. For making any record not in a case and not provided for in this act, 15 cents for each folio of 100 words.

SEC. 9. That this act shall become and be in force and effect on and after July 1, 19~4.

1t1r. PEPPER. Mr. President, I mo're an amendment to the measure by substituting the date " 1925" for " 1924" on line 5, page 7. The bill is identical with the bill previously passed by the Senate, but in both the Senate bill and the House bill the effective date by mistake was made 1924 instead of 1925. The amendment which I propose is merely to correct the effective date of the bill.

The PRESIDENT pro tempore. The amendment proposed by the Senator from Pennsylvania will be stated.

The READIXG CLERK. In section 9, page 7, line 5, after the words "July 1," it is proposed to strike out the figures "1924" and to insert "1925," so as to make the section read:

SEC. 9. That this act shall become and be in force and elfect on and after July 1, 1925.


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, and passed.

I:NDICES OF reDGME~T DEBTORS

The Senate. as in Committee of the Whole, proceeded to consider the bill (H. R. 5423) to amend section 2 of the act of August 1, 1888 (25 Stat. L. p. 357). It proposes to amend section 2 of the act of August 1, 1888 (25 Stat. L. p. 357), so as to read as follows :

The clerks of the St>>eral courts of the United States shall prepare and keep in their respective offices complete and convenient indices of all judgment debtors under decrees, judgments, or orders of said courts, and such indices and judgmpnts shall at all times be open to the inspection and examination of the public.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third tim-e, and passed.

CLAIM OF NEW YORK CITY .AGAINST THE GO"i"ER.."MEXT

The resolution ( S. Res. 227) to authorize an adjustment of the claim of the city of New York for expenses incurred on behalf of the United States during the Civil 'Yar was aunounced as ne~1; in order.

1\Ir. DIAL. Let the resolution go over. The PH.ESIDE~'T pro tempore. The resolution will go over •


rNSTRUCTIO~ OF ClllPPEWA INDIAN CHIT.DREN, MINNESOTA

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 808G) to amend the act entitled "An act making appropriations for the cunent and contingent expenses of the Bureau of Inwan Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1915," approved August 1, 191-:l, \vhich was read as follows:

Be it enacted, etc., That section 8 of th-e act of August 1, 1914 (38 Stat. L. 582, 500), be, and the same i he-reby, amended by adding after the word " reimbur able " occurring in th-e th.irte-enth line of said section 8 the words " from tribal funils of the Chippewa Indians," so that said act shall read in part : " For the payment of high-school teachers at the White Earth Indian Schaal, Minnesota, for instruction of children of the Chippewa Indians in the State of hlinne ota, $4,000, or so much thereof as may be necessary, said sum to be reimbursable from tribal fund of the Chippewa Indians, to be used under rules prescribed by the Secretary of the Interior."


BILLS PASSED OVER

The bill ( S. 3394) to amend section 26 of the interstate com-merce act. as amended, was announced as next in order.

l\Ir. BRUCE. I ask that that bill go over. The PRESIDEKT pro tempore. The bill will be passed over. The bill ( S. 3035) to provide for the appointment of a com-

missioner of reclamation, and for other purposes, was announced as next in order.

~Ir. JOXES of Washington. Let that bill go over. The PRESIDENT pro tempore. The bill will be passed over.

RETIREMENT I~ LIGHTHOUSE SERVICE

The bill (S. 3613) to provide for retirement for disability in the Lighthouse Service was announced as next in order.

Mr. DIAL. I ask that the bill go over. l\Ir. JONES of Washington. I hope the Senator will not

object to that bill. It went over on a pre\ious occasion at the suggestion of the Senator from Utah. He has looked into . it since and I think is entirely satisfied with the bill. I will read a few lines from the report, which will explain the situation:

The employees of the field service -of the Lighthouse s~rnce now may be retired for age under the lighthouse retirem~nt act of June 20, 1918, but these provisions shoUld be extended to cove-r cases {Jf disability before the retirem~nt age is reached. The general civil servi.ce retirement act of May 22, 1920, contains such a provision, as do the laws applying to the Coast Guard, the Coast and Geodetic Survey, and the Army and Navy-

! especially call the Senator's attention to this sentence-and the result i~ that the field employees of the Lighthou e Service are now the only persons in the Government service who can not be retired for disability.

All th~;t-t thi bill does is to retire those persons when they become .disabled. They have hazardous duties to perform, as the Senator knows, and I hope he will withdraw his objection.

:Mr. DIAL. Mr. President, I do not favor retiring anybody except for disability. I am not in favor of retiring employees for age.

Mr. JONES of Washington. This bill merely provides for their retirement on account of disability.

:Mr. DIAL. Only in. case of disability? Mr. JOl\':ES of Washington. Yes. ~Ir. DIAL. I withdraw my objection. The PRESIDE ... TT pro tempore. Is there objection to the

present consideration of the bill? 'l'here being no objection, the Senate, as in Committee of' the

'Whole, proceeded to consider the bill, which was read, as follo-ws-:

Be it enacted, etc., That hereafter uny officer or Pmployee to whom section G of the act entitled "An act to authorize aids to navigation and for other works in the Lighthouse Service, and for other purposes," appreved June 20, 1918, as amended, applies, who has been in the active sei·viceo of tbe Gove.rnment 15 years or more and who i found, after examination by a medical officer of the United States, to be disabled for useful and efficient service by reason of disease or inju,ry not due to vicious ba.lJits, intemperance, or willful misconduct on his. part, shall be retired under rules to be prescribed by the Secretary of Commerce on an annmty computed in the manner provided in such act. ·

SEc. 2. Any such officer or employee may. upon recove.ry, be restored to aetlve duty, and shall from time to time, before reaching

•

the age at which he may be retired under such act, be reexamined' by a medical' officer of the United States upon the request of the Secretary of Commerce.

The bill was reported to the Senate without amendment, • o:dered to be eng1·ossed for a third reading, read the third time, and passed.

RESOLUTIONS PASSED OVER

The joint resolution {S. J. Res. 118) to authorize the United States Shipping Board to adjust the claim of the Near East Relief wa annonneed as next in order.

Mr. JONES of Washington. That joint re olution may go over, Mr. President.

The PRESIDENT pro tempore. The joint resolution will be passed over.

The resolution ( S. Res. 211) authorizing preparation of compilation of Indian laws and treaties was announced as next in order.

Mr. SMOOT. I ask that the resolution go over. Mr. HARRELD. Will the Senator withhold his objection for

a moment? Mr. SMOOT. I understand thoroughly what the resolution

provides ; I am entirely familiar with it. 111r. HARRELD. The Senator understands, then, that there

are already three volumes of this compilation, and the resolution proposes to provide for the fourth volume, bringing it down to date?

:Mr. SMOOT. Yes; I understand; but I object to the consideration of the resolution.

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

COMPE...,S.ATIO~ TO CHIPPEWA INDIANS OF MINNESOTA

The bill (H. R. 26). to compensate the Chippewa Indians of Minnesota. for lands disposed of under the provisions of the free homestead act w:as announeed as next in order, and the bill was read, as follows :

Be it enacted, eto., That there is hereby authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $1,787,751.36, with interest thereon at the rate of 5 per cent per annum from December 31, 1922, to the date of settlement, said total amount to be credited to the general fund of the Chippewa Indians of Uinnesota .arising under the provisions of section 7 of th_e act of January 14, 1889.

Mr. CURTIS. I should like to ask the Senator from Oklahoma, the chairman of the Committee on Indian Affairs, a question. I understood the free homestead act only applied to lands that had been already acquired and paid for lJy the Government. How does it happen that this bill provides fol! the payment for lands taken under the homestead act?

Mr. HARRELD. There were certain lands that were set apart for homestead on condition that the Indians would be paid $1.25 an acre for them, and the money proposed to be paid under this bill is that which the Government owes to the Chippewa Indians at the rate of $1.25 an acre for lands that were homesteaded by the whites who paid the .1.25.

Mr. CURTIS. Then it does not come under the· free homestead act, as indicated?

~Ir. HARRELD. Not at all These lands on the Chippewa Indian Reservation were opened to settlement by the whites upon terms and conditions that the Indians would be paid $1.25 an acre. The whites paid the $1.25 an acre for the lan<4 and this bill is intended to provide that that money shall be placed to the credit of the Chippewa Tribe, with interest from the date the Government received th~ money up to the present time.

Mr. CURTIS. I have no objection to the bill. The PRESIDENT pro tempore. Is· there objection? '!'here being no objection, the bill was eonsidered as in Com

mittee of the Whole. The bill was reported to the Senate without amendment,

ordered to a third reading, read the third time, and pa sed. RESOLUTION PASSED OVER

The resolution ( S. Res. 283) favoring the allotment of sufficient funds to the Interstate Commerce Commis ion to enable it to carry on the work of valuation of common carriers was announced as next in order.

The PRESIDE...~T pro tempore. Let that go over. SUSQUEHANNA RITER BRIDGE

The bill ( S. 3639) granting the consent of Cong.ress to the Harrisburg Bridge Co. and its successors to reconstruct its bridg-e across the Susquehanna River at a point opposite !\Iarket Street, Harrisburg, Pa., \Vas announced as next in order.

I

1925 CONGRESSIONAL RECORD-SENATE 2777 l\Ir. SHEPPARD. 1\Ir. President, a similar bill has passed

the House. It will save time if, in lieu of the Senate bill, the Senate Committee on Commerce be permitted to report this bill.

I ask unanimous consent to report back favorably without runendment, from the Committee on Commerce, House bi'Il 10030~ granting the consent of Congress to the Harrisburg Dridge Co. and its successors to reconstruct its bridge across the Susquehanna River at a point opposite Market Street, Harrisburg, Pa., and I submit a report (No. 957) thereon.

The PRESIDENT pro tempore. Without objection, the report will be received.

1\lr. SHEPPARD. I ask tmanimous consent for the present consideration of that bill and that it be substituted for the Senate bill.

The PRESIDENT pro tempore. Is there objection? The Chair hears none.

The Senate, as in Committee of the Whole, proceeded to consider the bill

The bill was reported to the Senate without amendment, ordered to a thir<l reading, read the third time, and passed.

The PRESIDENT pro tempore. Without objection, Senate bill 3639 will be indefinitely postponed.

~ITSBISSIPPI RIVER BniDG~

The bill (S. 3649) to extend the time of the Chicago, Milwaukee & St. Paul Railroad for completion of bridge across the Mississippi River wa considered as in Committee of the Whole.

The bill had been reported from the Committee on Commerce with amendments, on page 1, line 3, after the words "That tile," to strike out "time" and insert "times"; in the same line, after the word "for," to insert "commencing and"· in line 7, afte1· "1924,'' to strike out "is" and insert "are": in the same line, after the word " extended," to strike ont .. ·for tvm years from " and insert u one year and three years respecti~ely, frum"; and in line 8, after the word "Febru~ry," to strike out " 18" and in ert " 16," so as to make the bill read:

Be it enacted, etc., That the times for commencing and completing the construction of the bridge across the Mississippi River between the city of St. Paul and the city of Minneapolis, authoriz-ed by section 1 of the act of Congress approvt>d February 16, 1924, are hereby extended one year and three years, respectively, from February 16, Hl25.

SEc. 2. Thtt t the right to alt~r. amend, or 1·epeal this act is herelJy expre sly reserved'.


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

read the third time, and passed. The title was amended RO a .to read: "A bill to extend the

time of the Chicago, Milwaukee & St. Paul Railroad for construction of bridge across the Mississippi River.''

JUNEAU, ALASKA, BOJ'\D ISSUE

The bill (ll. R. 5558) to authorize the incorporated town of Juneau, Alaska, to issue bonds in any sum not exceedin()' $200,000 for the purpose of improving the street and sewerag~ srtem of the town was considered as in Committee of the Whole.

'l'he bill had be-en reported from the Committee on Territ?riE:'S and Insular Possessions. with amendments, on page 1, line 5, after the word " exceeding," to strike out " $200.000 " ancl in ert "$60,000"; and in line 7, before the word "sewer4

age," to strike out "street and,'' so as to make the bill read: Be it enacted, etc., That the incorporated town of Juneau, Alaska,

is hereby authorized and empowered to issue bonds in any sum not exceeding $60,000 for the purpose of improvmg the sewerage system of the town.

SFJC. 2. That before said bonds shall be issued a special election ball be ordered by the common council of the town of Juneau, at which election the question of whether such bonds shall be isb-ued shall be submitted to the qualified electors of said town of Juneau whose name appear on the last asse sment roll of said town for municipal taxation. Thirty days' notice of such election shall be given by publication thereof in a new~paper printed and published and of general circulation in aid town before the day fixed for such election.

SEc. 3. That the registration for such election, the manner of conducting the arne, and the canvass of the returns of said election shall be, as near as practicable, in accordance with the requirements of law in general or special electi(}ns in said municipality, and said bonds shall be issnf"d only upon condition that 60 per cent of the votes cast at such election in said town shall be in favor of issuing said bonds.

SEc. 4. That the bonds above specified, when authorized to be issued as hereinbefore provided, shall bear interest at a rate to be fixed by the common council of Juneau, not to exceed 6 pel' cent per annum, payable semiannaully, and shall not be sold fo·r less than theil' par value, with accrued interest, and shall be in denominations not exceeding $1,000 each, the principal to be due in 20 years from date thereof: Provided, h01.oever, That the common council of the said town of Juneau may reserve the right to pay off such bonds in their numerical order at the rate of $10,000 thereof per annum from and after the expiration of four years from their date. Principal and interest shall be payable in lawful money of the United States of America at the office of the town treasurer or at such bank in the city of New York, in the State of New York, or such place as may be designated by the common council of the town of Juneau, the place of payment to be mentioned in the bonds: And provided fu·rther, Tbat each and every bond shall have the written signature of the mayor and clerk of the said town of Juneau and also bear the seal of said town.

Szc. 5. That no pa.rt o! the funds a.ri.sing from the sale of said bonds shall be used for any purpose other than specified in this act. Said bonds shall be sold only in such amounts as the common council shall direct, and the proceeds thereof shall be disbursed for the purposes hereinbefore mentioned and under the order and direction of said common council from time to time as the same may be required for said purpo e.

The amendments were agreed: to. The bill was reported to the Senate as amended, and the

amendments were concurred in. The amendments were ordered to be engrossed and the bill

to be read a third time. The bill was read the third' time and passed. The title was amended so as to read: "An act to authorize

the incorporated town of Juneau, Alaska to issue bonds in any sum not exceeding $60,000 for the P~'Dose of improving the sewerage system of the town." COOPERATIVE AGREEMENTS BETWEEN HEADS OF EXECUTIVE DEPART•

MENTS AND GOVERNOR OF ALASKA

The bill (S. 3714) to authorize cooperative agreements between the heads of the executive departments and the Governor of the Territory of Alaska was considered as in Committee of the Whole.

The bill had been reported from the Committee on Territories and Insular Possessions, with amendments.

The amendments were, on page 1, line 3, after the words "That the," .to strike out "head of any executive department" and insert 11 Sec~etary of the Interior " ; on page 2, line 2, after the word " Terntory," to strike out " or bis services shall have bee~ dispe~s.ed with " ; in line 3, after the words " employee of," to m ert the Department of the Interior of" ; and in line 6, after the word "sanction of the," to strike out "head of his department or independent establishment " and insert " Secretary of the Inter!or," so as to make the bill read:

Be it enacted, etc., That the Secretary of the Interior of the United States may, at his discretion, enter into agreements with the Governor of tbe Territory of Alaska under which any officer or employee in his department shall perform any or all of the duties of any office created by the laws of Raid Territory at any time when there shall be a vacancy in such office, or when the person holding the same is incapacitated or absent from the Territory.

SEc. 2. Any officer or employee of the Department of the Interior of the United States may, upon the written request of thl'" Governor of the Territory of .Alaska and with the sanction of the &!cretan of the Interior, assist or cooperate with any officer of said Territory in the performance and discharge of any of the duties of such Territorial officer: Provided, That no officer or other employee of the United State shall receive any compensation from the Territ(}ry of Alaska for any services performed by him under this act, except such as may be reasonably nece ary to reimburse his actual expenditures for necessary clerical and other assistance, antl for travel and subsistence while in the performance of such service.


amendments were concurred in. The bill was'ordered to be engrossed fO'r a third reading reall

the third time, and pa sed. ' The title was amended so as to read: "A bill to authorh:e

cooperatiYe agreements between the Secretary of the Department of the Interior of the United States and the Governor of the Territory of Alaska."

SITKA, ALASKA, BOND UlSCE

Tbe bill (H. R. 5006) to authorize the incorporated town o1 Sitka, Alaska, to issue bonds in any sum not exceeding $25,00(}

2778 CONGRESSIONAL REOORD-SEKATE J ..iXU ..iRY 31

for the purpose of constructing a public-school building in the town of Sitka, Alaska, was considered as in Committee of the Whole.

The bill was reported to the Senate "ithout amendment, or· c.lered to a third reading, read the third time, and passed.

IXDIAN TBffiES RESIDIXG IN THE STATE OF WASIIINGTO~

The bill (H. R. 2694) authorizing the Indian tribes and individual Indians, or any of them, residing in the State of Washington and west of the summit of the Cascade l\Iountains to submit to the Court of Claims certain claims growing out of treaties and otherwise was considered as in Committee of the Whole.

The bill had been reported from the Committee on Imlian Affairs with amendments, on page 2, line 7, after the wor<~s "determination and," to strike out "jurisdiction" and insert 'adjudication"; and on page 3, line 1, after the word "contract," to in ert "or contracts," so as to make the bill read:

Be it enacted, etc., That all claims, of whatsoevf'r nature, both legal and equitable, of the tribes and bands of Indians, or any of thf'm, except the S'KlallamR, commonly known as the Clallams, with whom were made any of the treaties of Medicine Creek, dated December 20, 1854; Point Elliott, dated January 22, 1 :15; Point-no-Point, dated January 26, 1855; the Quin-ai-elts, dated :May 8, 1859, growillg out of said treaties, or any of them, and that all claims, of whatever nature, both legal and equitablf', which the Muckelshoot, San Juan Islands Indian , Nook-Sack, Suattle, Chinook, upper Chehali , Lower Chehali~,

and IIumptulip Tribes or Bands of Indian , or any of them (with whom 110 treaty has been made), may have against the "Cnited States shall be ubmitted to the Court of Claims, with right of appeal by either :party to the Supreme Court of the T.::nited State for determination illld adjudication, both legal and equitable, and juri diction is hereby conferred upon the Court of Claims to hear and determine any and all suits brought hereunder and to render final judgmPnt therein : Prot:itled, That thf' court shall also consider and determine any legal or equitable defenses, set-offs, or counterclaims, including gratuitie.' , which the 'Uniteu States may have against any of said tribes or bands.

SEC. 2. That the Court of Claims shall advance the can. e or can es upon its docket for hearing, and shall have authority to determine and adjudge all rights and claims, both legal and equitable, of said tribes or band of Indians, or any of them, and of the United States in the premises, notwithstanding lnpse of time or statute. of limitation.

SEc. 3. That suit or suits instituted hereunder shall be begun within five years from the date of the pas ·age of this act by such tribes or bands ot Indian ·, as parties plainti.tf, and the Untied States as the party defendant. The petition or petitions may be verified by attorney or attorneys employed by such tribes of Indians under contract or contracts approved in accordance with existing law upon information and belief as to the facts thert>in alleged, and no other \erification hall be nece ·sary. Upon final determination of ncb suit or suits the Court of Claims shall have juri:diction to fix and determine a reasonable fee, not to exceed 10 per c0nt of the recovery, and in no eyent shall such fee amount in the aggregate under one attorneyship for each tribe to more than $25,000, together with all necessary and proper expenses jucurreu in preparation and pro ecution of the suit, to be paid to the attorneys employed by the said tribes or bands of Indians, or any of them, and the same shall be included in the decree and shall be paid out of any sum or sums found to be due said tril.Jes.

The amendment were ag1·eed to. The bill was reported to the Senate a. amended, and the

amendment were concurred in. The amendments were ordered to be engro. ell and the bill

to b read a third time. The bill wa • read the third time and passed.

A:llE.~DME~T OF X.ATIO!\'"AL DE~'EXSE ACT

'!'be bill (S. 2532) to amend in certain particulars the national refen:e act of June 3, 1916, as amended, was considered as in Committee of the Whole.

The bill had been revorted from the Committee on •).Iilitary Affair~ with au amendment, on page J, line 7, after the word "e\'ery,'' to trike out "eight" and in;ert "twel"re," ·o as to make the bill read :

Be it e11actell, etc., That said national defen e act, as amended, bf' , and the same is hereby, further amended by striking out section 1J of said act and inserting the following in lieu thereof:

" , EC. Hi. Chaplains : There shall be one chaplain for every 1,200 officers and enli. ted men of the Regular Army, cxclu ive of the Philippine Scouts and the unassigned recruits, authorized from time to time in accordance with law and within the peace strength permitted l.ly this act. Chaplains shall hereafter have rank, pay, and allowances according to length of acti\e commissioned service in the Army, or, since April 6, 1917, in the :Xational Guard while in active service under a call by the President, as follows: Less than 3 years, first lieutenant; 3 to 12 years, captain; 12 to 20 years, major; 20 to :!6

years, lieutenant colonel; over 26 years, colonel. One chaplain, of rank not below that of major, may be a11pointed by the President, by and with the advice and consent of the Senate, to l.Je chief of chaplains. He shall ser>e as such for 4 years, and shall have the rank, pay, and allowances of brigadier general while ·o serving. Ilis duties ·ball include investigation into the qualifications of candidates for· appointment as chaplain, and general coordinittion and supervision of the work ot chaplains. Of the vacancies existing on July 1, 1!>20, such number as the President may direct shall be filled by appointment on that date of · persons under the age of 58 years, other than chaplains of the Regular Army who ser·ved as chaplains in the Army at some time between April 6, 1917, and the date of the passage of this act. Such appointments may be made in grades above the lowest untler the same restrictions as to age and rank as are hereinafter prescribetl for original appointments in other branches of the service, and in accordance with the recommendation of the board of. officers pt'O\'ided for in section 2-!. For purpose of future promotion, persons so appointed shall be considered a having had, on the date of appointment, sufficient prior service to bring them to their re pecti\e grades under the rules of promotion established in this section."


amendment was concurred in. The bill was ordered to be engros cd for a third reading,

read the third time, and passed. BILL PASSED OVER

The bill ( S. 3631) for the relief of Augustus Sipple, was announced as next in order.

Mr. DIAL. Let that go over. The PRESIDENT pro tempore. The bill will be pa ed owr.

COXSTA~CIO MIERA AXD OTHERS

The bill (S. 3830) to authorize and direct the Secretary of the Interior to issue patents upon the small holding claim. of Constancio Miera, Juan N. Baca, and Filomeno N. l\Iiera, was considered as in Committee of the Whole and was read, as follows: ·

Be it enacted, etc., That the Secretary of the Interior is hereby authorized and directed to issue patents for the following small holtling claims, to wit : ~o. 4245, embracing the southea. t quarter northwest quarter·, northeast quarter southwe:;;t quarter, north half southeast quarter, section 7, township 4 south, range 4 east, ~ew Mexico principal meridian, containing 160 acreA, to C'onstancio Miera, his heit·s and as igns; No. 5411, embracing the :::ontbea~:;t quarter southeast quarter, section 31, township 3 south, range 4 east, antl lot 1, section G, township 4 south, range 4 east, New Mexico principal meridian, containing 81.98 acres, to Juan ~. Baca, his heirs and a sign ; and No. 51G!>, embracing the south half outhea:;t qnal'ter, section 7, and ea t half northeast quarter, section 18, township 4 south, range 4 east, Xew Mexico principal meridian, containing 160 acre , to Filomeno ~. Micra, his heirs and assigns.

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

LA. DS I~ PLUMAS "ATIOXAL FOREST, CALIF.

The bill (II. R. 103) for the inclu ion of certain lands in the Plumas National Forest, Calif., and for other purpose:-:, was considered as in Committee of the Whole.

The bill had been reported from the Committee on Public Lands and Surveys with an amendment, to strike out all after tlle ena<:ting clause and to insert :

That within the following-de crilJed areas any land. not in Government ownership which are found by the Secretary of Agriculture to be chiefly valuable for national for·pst purpo es may be offered in exchange under the provi ions of the act of Ma.rch 20, 1922 (Public, 17::1, -!2 U. S. Stat. L. p. 465), upon notice as therein provided and upon acceptance of title shall become parts of the Plumas ~ational Forest, the Eldot·ado National Forest, the ShllllRiau National Forest, the • ha ta. National Forest, and the Tahoe National For<'~t. respectively, and any of such described areas in GovC'rnment owner ' hip, chiefly valuable fol' national forest purposes and not now !)art of any national fore t may be added to said national forests, as herein provitled by proclamation of thf' Pre ident, subject to all TUli<l claims an<l provisions of existing withdrawals: (1) To the Pluma Xational Fore t, Calif.: Township 2~ north, range 4 east, sections 1, 12, and 13; town hip 23 north, range 4 east; township 20 north, range 6 east, east half of township; townshitl 26 north, range 6 east; township 27 north, range 6 ea~t; township 20 north, range 7 east ; town hip 21 north, range 7 ea t; town hip !!G north, range 7 east; township 27 north, range 7 ea t; town hlp 21 north, range 8 east, sections 4, 5, 6, 7, 8, 9, and 1. ; town hip 27 north, range 8 east; township 24 north, range n east, sections 10, 11, lG, 22, 23, and 24; township 27 north, range n east, ections 34, 35, and :~G;

township 23 north, range 10 east, north half o! ·ection 1; township 24

1925 CONGRESSIONAL RECORD-SEN ATE- 2779 no:t.t.ll, range 10 east, sections 19, 28, 29, and 36; township 26 north, range 10 east, sections 31, 32, and 33; township 22 north, range 11 east, sections 1 and 2; township 23 north, range 11 east; township 24 north, range 11 east, sections 31, 32, and 33 ; township 29 north, range 11 east, sections 25 to 36 ; township 22 north, range 12 east; township 28 north, range 12 east, sections 1, 2, 3, and 12; township 29 north, range 12 east, sections 26 to 35, inclusive; township 21 north, range 13 east, north half of township; township 22 north, range 13 east; township 2:3 north, range 13 east; township 21 north, range 14 east, section 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31, and 32; township 22 north, range 14 east, sections 29, 30, 31, and 32; township 23 north, range 14 east, sections 7, 16, 17, 18, 19, 20, 21, 28, 29, 30, and 33; township 25 north, range 16 east, sections 15 and 16 ; all Mount Diablo base and meridian, California.

(2) To the Eldorado National Forest, Calif.: Township 11 north, range 12 east, sections 25 to 29, inclusive, and 32 to 36, inclusive; township 10 north, range 12 east, sections 1 toj 3, inclusive, 10 to 15, inclusive, 22 to 29, inclusive, 32 to 36, inclusive; township 11 north, range 13 east, sections 31 to 33, inclusive; township 10 north, range 13 east; township 9 north, range 13 east; township 8 north, range 13 east, sections 1 to 3, inclusive, 10 to 15, inclusive, 23 to 27, inclusive, 34 to 36, inclusive; township 8 north, range 14 east; township 7 north, range 14 east, sections 1 to 13, inclusive, 16 to 20, inclusive; township 13 north, range 18 east, sections 31 and 32; township 12 north, range 18 east, sections 3 to 11, inclusive, 14 to 23, inclusive, 26 to 34, inclusive ; all in Mount Diablo ba e and meridian.

(3) To the Stanislaus National Forest, Cali!.: Township 1 south, range 16 east, sections 1 to 5, inclusive, 8 to 15, inclusive, 22 to 27, inclt1sive, and 34 to 36, inclusive; township 2 north, range 15 east, sections 1 to 12, inclusive ; township 2 north, range 16 east, sections 2 to 10, inclusive, 15, 16, and 21 ; township 4 north, range 14 ea t, sections 1, 2, .11 to 14, inclusive, and 23 to 26, inclusive; township 5 north, range 14 east, sections 1, 2, 11 to 14, inclusive, 23 to 26, inclusive, 35 and 36; townshiP' 6 north, range 14 east, sections 1 to 4, inclusive, 9 to 16, inclusive, 21 to 28, .inclusive, 33 to 36, inclusive; town hip 7 north, range 14 east, sections 9 to 17, inclusive, and 19 to 36, inclusive; all in Mount Diablo base and meridian.

(4) To the Shasta National Forest, Calif.: Township 36 north, range 5 west, sections 1 to 11, inclusive, and 15 to 17, inclusive ; township 37 north, range 1 east, section 1 ; township 37 north, range 2 east, sections 9 to 16, inclusive; township 37 north, range 3 east, north quarter section 1, sections 3 to 6, inclusive, sections 9 and 10, 15 and 16 ; township 37 north, range 4 east, north half section 6 ; township 37 north, range 4 west, sections 4 to 9, inclusive, .and 16 to 21, inclusive ; township 37 north, range 5 west, sections 1, 11 to 14, inclusive, 23 to 26, inclusive, and 31 to 36, inclusive ; township 38 north, range 1 east, sections 11, 12, 13, 14, 23, 24, 25, 26, and 36; township 38 north, range 2 east, sections 1, 2, 3, 5, 7 to 17, inclusive, 19 to 36, inclusive; township 38 north, range 3 east, all; township 38 north, range 4 east, sections 6, 7, 8; township 38 north, range 4 west, sections 1, 2, 3, 10 to 17, incluSive, 20, 21, 22, 27, 28, 29, 31, 32, 33 ; township 38 north, range 5 west, section 36; township 39 north, range 1 east; township 39 north, range 2 east ; township 39 north, range 3 east ; township 39 north, range 4 east, sections 30, 31 ; township 39 north, range 1 west; township 39 north, range 2 west; township 39 north, range 3 west; township 3!) north, range 4 west ; township 3!) north, range 5 west, sections 1 to 12 ; town hip 40 north, range 1 east; township 40 north, range 2 east ; township 40, range 3 east ; township 40 north, rauge 4 east; town hip 40 north, range 1 west; township 40 north, range 2 west; township 40 north, nnge 3 west ; township 40 north, range 4 we t, sections 2 to 6, inclusive, 10 to 15, inclusive, 19, 22 to 36, inclusive; township 40 north, range 5 west; township 40 north, range 9 west, sections 4 and 5; township 41 north, range 1 east; township 41 north, range 2 east; township 41 north, range 4 east, sections 34, 35, 3G ; township 41 north, range 1 west ; township 41 north, range 2 west; township 41 north, range 4 west; township 41 north, range 5 west, sections 1, 9 to 16, inclusive, and 21 to 28, inclusive, 33 to 36, inclusive; townshlp 41 north, range 7 west, sections 28 and 29; township 42 north, range 1 east ; township 42 north, range 2 east, sections 19 to 30, and 31; township· 42 north, range 1 west; township 42 north, range 4 west, sections 19 to 30, and 31 ; township 42 north, range 5 west, section 36 ; township 43 north, range 1 east ; township 43 north, range 1 west; township 43 north, range 2 west; township 43 north, range 3 west, ections 1 and 2, 13 to 16, inclusive, 20 to 24, inclusive; township 44 north, range 1 east ; township 44 north, range 1 west ; township 44 north, range 2 west ; township 45 north, range 1 east, sections 19, 20, 29, 30 ; township 45 north, range 1 west, sections 19 to 36, inclusive. All Mount Diablo base and meridian, California.

(5) To the '£ahoe National Forest, Calif. and Nev.: Township 18 north, range 9 east, sections 28 and 29 ; township 18 north, range 10 east, sections 28, 29, 30, 31, and 32 ; township 17 north, t•ange 9 east, sections 13, 24, 25, and 36 ; township 17 north, range 10 east; township 17 north, range 11 east; township 16 north, range 10 east, sections 1, 2, 11, 13, 23 to 27, inclusive, and 29; township 16 north, range 11 east; township 15 north, range 10 ea t, sections 13, 24, 25, and 36; township 14 north, range 10 east, sections 1, 12, 13,

24, and 25 ; township 14 north, range 11 east ; township 21 north, range 14 east, sections 17, 18, 19, 20, and 29 to 32, inclusive; township 20 north, range 14 east, sections 9, 16, 21 to 24, inclusive; township 20 north, range 15 east; township 20 north, range 16 east; township 20 north, range 17 east ; township 19 north, range 15 east ; township 19 north, range 16 east; township 19 north, range 17 east; township 18 north, range 15 east ; township 18, north, range 16 east ; township 18 north, range 17 east; township 18 north, range 18 east; township 17 north, range 18 east ; township 15 north, range 18 east ; township 15 north, range 19 east, sections 4 to 9, inclusive, 16 to 21, inclusive, 28 to 33, inclusive; township 14 north, range 18 east; township 14 north, range 1!> east, sections 4, 5, 6, 7, 8, 9, 16 to 21, inclusive, 28 to 33, inclusive; township 13 north, range 18 east, sections 1, 2, 3, 9 to 16, inclusive, 21 to 28, inclusive, 33 to 36, inclusive; township 13 north, range 19 east, sections 5, 6, 7, 8, 17, 18, 1!>, 20, 29, 30, 31, and 32; all in Mount Diablo base and meridian.

The amendment was agreed to. 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 and passed.

WILLIAM BROWN

The bill (H. R. 2313) authorizing the issuance of a patent to William Brown was considered as in Committee of the Whole. .


ISLANDS Ii'l KALAMAZOO RIVER, MICH.

The b'm (H. R. 7144) to relinquish to the city of Battle Creek, Mich., all right, title, and interest of the United States in two unsurveyed islands in the Kalamazoo River, was considered as in Committee of the Whole.

T~1e bill had been reported from the Committee on Public Lands and Surveys with amendments, on page 1, line 3, after the word "That," to insert "upon payment of $1.25J>er acre"; in line 8, after the word "township," to strike out" be, and the same is hereby," and insert "shall be"; and on page 2, line 2, after the word "act," to insert "Providea, however, In case said islands are not used or held by said city for public purposes, title to the same shall revert to the United States upon a finding and declaration by the Secretary of the Interior, that they are not used or held," so as to make the bill read:

Be i-t enacted, eto., That upon the payment of $1.25 per acre whatever right, title, or interest the United States may have in or to the two unsurveyed islands shown upon the official plat of the survey of township 2 south, range 8 west, Michigan, approved July 14, 1826, as being in the Kalamazoo River in section 2 of said township, shall be relinquished ·unto the city of Battle Creek, in the said State of Michigan, for public purposes, and the Secretary of the Interior is hereby authorbed and directed by appropriate conveyance to carry out the purpo es {)f this act: Provided, howe-ver, In case said islands are not used or held by said city for public purposes, title to the same shall revert to the United States upon a fillding and declaration by the Secretary of the Interior, that they are not used or held.


amendments were concm~·ed in. The amendments were ordered to be engrossed, and the bill


MINING POTASH ON PUBLIO DOM..AIN

The bill ( S. 3005) to promote the mining of potash on the public domain was considered as· in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the Secretary of the Interior is hereby authorized and directed, under such rules and regulations as he may prescribe, to grant to any qualified applicant a prospecting permit which shall give the exclusive right to prospect for chlorides, sulphates, carbonates, borates, silicates, or nitrates of potassium, in lands belonging to the United States !or a period of not exceeding two years: Pro1.:ided, That the area to be included in such a permit shall not exceed 2,560 acres of land in reasonably compact form : Provided further, That the provisions of this act shall not apply to lands or deposits in or adjacent to Searles Luke, Calif., which lands and deposits may be operated by the United States or may be leased by the Secretary of the Interior under the terms and p.rovisions of this act.

SEC. 2. That upon showing to the satisfaction of the Secretary or the Interior that valuable depositR of one of the substances enumerated in this act have been discoverE>d by the permittee within the area covered by his permit, and that such land is chiefly valuable therefur,

2780 -CONGRESSIONAL RECORD-SEKATE JANUARY 31

the permittee shall be entitled to a lease for any or all of the land embraced in the prospecting permit, at a royalty of not less than 2 per cent of the quantity or gross value of the output of potassium compounds and other related products, except sodium, at the point of shipment to market, such lease to be taken in compact form by legal subdivisions of the public land sm·veys, or if the land be not surveyed, by survey executed at the co t of the permittee in accordance with regulations prescribed by the Secretary of the Interior.

SEc. 3. That lands known to contain valuable deposits enumerated in this act and not covered by permits or leases shall be held subject to lease by the Secretary of the Interior through advertisement competitive bidding, or such other methods as be may by geneml ~egulations adopt, and in such areas as he shall fix, not exceeding 2,560 acres; all leases to be conditioned upon the payment by the lessee of such royalty as may be fixed in the lPase, not less than 2 per cent of the quantity or grol's value of the output of potassium compounds and other related pr·oduct,. except sodium, at the point of shipment to market, and the payment in advance of a rental of 25 cents per acre for the first calendar year or fraction thereof; 50 cents per acre for the second, third, fourth, anti fifth years, respectively ; and $1 per acre per annum thereafter during the continuance of the lease. In the discretion of the Sect·etary of the Interior the area involved in any lease resulting from a 'prospecting pCI;mit may be e:Kempt from any rental in exce s of 23 cents per acre for 20 yea1·s succeeding its issue, and the production of potassium compounds under such a lease may be exempt from any royalty in excess of the minimum prescribed in this act for the same period.

SJo~C. 4. That p'rospecting permits or leases may be issued under the · provisions of this act for deposits of potassium in public lands, also

containing deposits of coal or other minerals, ori condition that such other deposits be reserved to the United States for dispo~al under appropriate la'Ws: Prot·ided, That if the interests of the Government and of the lessee will be subserved thereby, potassium lenses may include coyenant. . providing for the development by the le see of chlorides, sulpbates, carbonates, borate , silicates, or nitrates of sodium, magnesium, or calcium, as -ociated with the potassium deposits leased, on terms and conditions not inconsistent with the sodium provisions of the act of February 25, 1920 ( 41 Stat. p. 437). •

SEc. G. That the general provit:;ions of sections 1 and 26 to 38, inclusive, of the act of February 25, 1920, entitled ".An act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain," are made applicable to permits and leases under this act, the first and thirty-seventh sections thereof being amended to include deposits of potassium, and section 27 being amended so as to prohibit .anY person, association, or corporation from taking or holding more than one potassium permit or lease in any one State during the life of such permit or lease.

SEc. G. That the act of October 2, 191i ( 40 Stat. p. 297), entitled _ "An. act to authorize exploration for and disposition of potas inm," is hereby repealed, but this repeal ·ball net affect valid claims initiated un~er the provisions of said act of October 2, 1!)17, so long as the permittee or lessee complies with the law under which his claim was ~ill~~. .

The bill wa reported to tile Senate without amenument, oruered to be engro sed for a third reading, read the third tirnl', and passed.

CHANGE OF E~TRY

'l'he bill ( S. 3839) to repeal the act approved January 27, 1922, providing for change of entry, and for other purposes, was con itlered as in Committee of the Whole and was read, as follows:

Be it enaote.{l, etc._, That the act of Congress approved January 27, 1922, entitled "An act to amend section 2372 of the Revised Statutes," b(', and the same .is hereby, repealed! Provided, That any appllcsttions het·etofore :filed under the provi ions of aid act may be perfected and pa te:nt issue therefor the same a~ though this· act had not been passed.

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

RESTORATION OF N.lTION.dL IONIDIENTS TO PUBLIC DO:llA.IN

Tile bill ( S. 3840) authorizing the President of the United States to restore to the public domain lauds reseryed by public proclamation as national monuments, and \alidating any such restorations heretofore so made by -Executive order, wa conRidered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That whenever, in the opinion of the · President of the United States, any lands heretofore or hereafter reserved as national monuments by public proclamation as provided by the act of June 8, 1906 (34 Stat. L. p. 223), are not needed for such purpo~e, he i&' authorized to restore same to the public domain by Executive order: Provi(led, That any such restorations heretofore so made are hereby yalidated and confirmed.

The bill was reported to the Senate without amendment, o.rdered to be engrossed for a third reading, read the third time, and pas ed.

UTAH XATIONAL PARK

_The bill (S. 3--!?--!~ to amend an act entitled "An act to e. tabbli h the Utah Natwnal Park in the State of Utah" was considered as in Committee of the Whole and was read, as follow:; :

Be it enacted, etc., That the second paragraph of the first ectiou of the act entitled "An act to establi ·h the L"tah National Park in the State of Utah,'' approved June 7, 1!>24, is amended by striking out tbe word " southwest" where it appears the seeond time in the paragraph and inserting in lieu thereof the word •· southeast," so as to read:

_ " Unsurveyed sections 31 and 32, township 36 south, range 3 we. t ; surveyed section 36, township 36 south, range 4 we t; north half, southwest quarter and west half of the southeast quarter of partially surveyed section 5; unsnrve~-ed sections 6 anti 7, west half, west l\alf of tbe northeast quarter, and west half of the southeast quarter of partially surveyed ection 8, partially sun-eyed section 17 and unsmveyed section 18, township 37 south, range 3 west; and unsur\'"eyed sections 1, 12, and 13, township 37 south, range 4, all west of the Salt Lake meridian, in the State of "Gtah: Prorided, That all the land within the exterior boundaries of the aforesaid tract shall first become the property of the l:nited State .. "

The bill was t·eported to the Senate without amendment ordered to be engro sed for a third reading, read the third tlme, and passed.

LANDS L~ W ASIIINGTO~

The bill ( S. 36--!8) granting to the county authorities of San Juan County, State of Washillgton, certain described tracts of land on the abandoned military reservations on Lopez and Shaw Islands as a right of way for county roads, and for other purposes, was considered as in Committee of the Whole.

The bill bad been reported from the Committee on Public Lands and Surveys with amendments on page 1, line 2, after the enacting clause, to sh·ike out: •· That the following de. cribecl tracts of land on the abandoned military reservations on Lopez and Shaw Islands be, and the same are hereby, granted to the county authorities of San Juan Oounty, State of 'Vasbington, as a right of way for county road:s,'' and insert: "That a right of way for the construction of highways over the followingde. cribed tract~ of land on the abandoned military reservation!::: on Lopez and Shaw Islands, county of San Juan, State of Washington, is hereby granted '; and on page 3, line 15, after the words "section 34," to insert" township 36 north of range 2 west, Willamette meridian," so as to make the bill read :

Be it enacted, etc., That a right of way for the construction of high· ways over the following-descrilJed tracts of land on the abandoned military reservations on Lopez and Shaw Islands, county of San Juan. State of Washington, is. hereby granted:

Beginning at a point on the military reserYation on north end of Lopez Island 5GG.G2 feet north of corner to. sections 1, 2, 11, and 12, township 35 north of range 2, we t Willamette meridian. being the south boundary of re en-e; thence north 3,355.85 feet ; thence north 2 o 25' east 346.3 feet; thence north 39° G1' east 499.3 feet; thence north 20° 5' west 434 feet; thence north oo 19' east 244.4 feet: thence north 26° 41' ea&t 862 feet; thence north 29° 15' east 213.:> feet; thence north 14° 23' ea t 241 feet; thence north 29° 34' en!'!t 466.5 feet ; thence north 13° 49' east 133.9 feet ; thence north 6° 155' cast 116.7 feet ; thence north 2-1 o 20' west 59 feet; thence north 5° 12' west 187 feet; thence north 53° 30' east 23.5 feet; thence south 63° 59' east 65 feet to the approach to ferry landing.

Also beginning at a point 1,04J.09 feet north of south boundary of reserve on section line between section: 1 and 2; thence north 57 ° 21' west 806.4 feet; thence north 4° 3(}' ea•t 265.5 feet to a point on the shore of Mails Bar.

Also beginning at a point on the west one-sixteenth line o! section 34, township 36 north of range 2 west,. Willamette meridian, 970 feet south of west one-sh:teenth corner at jnfersection of the north boundary of the military reservation on Shaw I13land; thence south 2,613 feet; thence south 30° uO' west 436.77 feet; thence west on the south one-sixteenth line 1,550 feet to the west boundary of the military resenation.

The amendments were agreed to. The bill was reported to the Senate as amended and the

amendments were concurred in. The ~bill wa · ordered to be engrossed for a third reauing,

read the third time, and passed. CUSTER ~ATIOX.dL FOREST, MO~T.

The bill ( S. 3666) for the exchange of lands in the Custer National Forest, Mont., was considered as in Committee of th~ Whole and was 1·ead, as follo~s :

192~ CO~GRESSIONAL RECORD-- SENATE 27811

· Be it enacted, etc., That lands of the United Stutes within the Custer National Forest, Mont., which haYe been withdrawn or classified as coal lands or are valuable for coal, may be exchanged under the pt·ovisions of the act of March 20, 19:?2 ( 4~ Stat. L. p. 46;) ) , with a re er>ation to the 'Cnited States of t he coal in such lands and of the right to prospect for, mine, and remoYe the same.

The l>ill was reported to the Senate without amendment, ordered to be engro sed for a third reading, read· the third time, and passed.

EMPLOYEES OF BETHLEHEM STEEL CO.

The bill (H. R. 5481) to provide for the carrying out of the award of the National War Labor Board of July 31, 1918, in favor of certain employees of the Bethlehem Steel Co., Bethlehem, Pa., was announced a next in order.

l\Ir. DIAL. Let that go over. i\Ir. PEPPER. Mr. President, will the Senator withhold his

objection to permit me to make a statement on that case? 1\lr. DIAL~ Yery well. Mr. PEPPER. Mr. President, that is a bill unanimously re

ported by the Committee on Cl~ims of the Hou e, favorably acted on in the House, and reported out here by our Committee on Claims by unanimous vote. It is a bill to carry out, hi favor of employees of the Bettllehem Steel Co. in Pennsylvania, an award of the War Labor Board made in 1918 under the following circumstances :

It appeared at that time that the wages that were being paid to the electrical workers, the machini ' ts, and . orne miscellaneous employees in the Bethlehem Steel \7orks doing work for the Government under war contracts were lower in scale than the wages for similar work paid at Ilog I~land and lli other adjacent places under Government operation and contract. The employees asked for ·an increase which would put them upon a level with other Government workers who were working overtime on war conh·acts. The War Labor Board took up the matter and by unanimous award increa ·ed the wages of the men so that they would reach the Government standard-no higher than the Government standard, l>ut up to the Government standard.

The award was made upon the ~uppo. ition that the contract for work with the Bethlehem Steel 0). was a co t-plus contract, and therefore that the increase of wage would be chargeable against the Government ; and petitions were filed under the Dent Act in order that, that procedure having been follO\Ted to the end, the additional pay could be awarded.

It was then disco,~ered by the 'Var De11artment, after they had drawn the checks for the payment of the~e increa es, that the contracts with the Bethlehem Steel o. were contracts for fixed sums, and therefore that the ca e wa one not for an a ward under the Dent A<:t but for a claim against the GoTernment to carry out the prm~isions of the Lahor Board's award.

This bill i the outcome of years of effort to get before Congress for favorable consideration the rights of these men iu whose favor the award was made by the Government board. In mo t of the cases the checks were drawn when the opinion came down from the adviser of the ·war Department that the ca e was one for congressional legislation and not for payment under the Dent Act. The case was o clear that both committees in both Houses of Congres have. yielded to ito:; equit~·. and the House has pas ·ed the bill, I understand, without dissent

I should not have maue so long a statement if it had not seemed to me to be one of tho e ca e which, if fully understood by Senators, would receive their approval. I very much hope the Senator will withdraw his objection.

!lr. DIAL. I shall have to insist on the objection. 1\lr. CARAWAY. 1\lr. President, I happen to have been pres

ent in the committee when this matter was considered. It involves a . great number of men who relied upon a promise of compen ·ahon and worked. It does not call for a very large sum to any one of the men, but there are a large number of them, and it is an attempt by Congress. after thoroughly going over the fact , to pay tho e parties, so that they will know that the Government kept faith '\Yith them. I think it would be unfortunate not to take this action, and I hope the Senator from South Carolina, if he has no particular objection will not insi. t on his objection. '

l\Ir. DIAL. Other Senator • are intere ted in thi. matter, and they a ked me to object and have it go over; but we can take it up again on Monday.

Mr. CAR.A.. WAY. I hope the Senator will not object to it on 1\londay.

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

NEW JERSEY SHIPBUILDIXG & DREDGING CO. '!h~ bill (S. 3?84) for the relief of the New Jersey Ship·

bmlding & Dredgrng Co. was considered a.· in Committee of the Whole.

The bill had been reported from the Committee on Claims with aD?-endm~nts, on page 1, line 5, to strike out "$114,917.25" and to rnsert rn lieu thereof " $41,320.25 " ; and in line 9, after the word "City," to insert a comma and the words "said sum to be in full and final settlement of the claim " so as to make the bill read: '

Be it enacted, etc., That the Secretary of the Treasury be, and be is hereby, authorized to pay, out of any money in the Treasury not otherwise appropriated, the um of $41,320.25 to reimburse the !-lew Jersey Shipbuilding & Drooging Co. for extraordinary work required by the War Depat·tment in connection with deepening the channel in East River, ~ 'ew York City, said sum to be in full and final settlement of the claim.

The amendments were agreed to. The bill was reported to the Senate a · amended and the

amE.'ndments were concurred in. The bill was ordered to be engrossed for a third reading, read

the third time, and passed. REFuND OF TAXES TO TIIE CITY' OF PHILADELPHL\.

The bill ( S. 2171) for the relief of the city of Philadelphia wa announced as next in order.

~Ir. DIA.L. Let that go over. Mr. PEPPER. May I a.·k the Senator to permit me to make

a . tatement, briefly, upon the measm·e '? )fr. DIAL. I shall be glad to hear the enator's explana

tion of the bill. ~Ir. PEPPER. This is a case in which taxes were assessed

by the :F'ederal Government against the city of Philadelphia in re pect of the income received by the city from the operation of gas works. It has heen a,-,certained by a finding of the Court of Claims that the ga. works were municipally owned and that, though organized in corporate form, the stock ownership was in the city, and that therefore, instead of being the case of nn as essment of taxes against a private corporation, it was the case of an a sessment of taxes against the munici4

pality .carrying on it· gas operation through corporate organi4

zation. Those portions of the tax which were' assessed against

municipal operations for the benefit of consumers have been treated by the committee as outside the scope of the duty of the Government to make refund, but in the case of the gas furnished by the municipality to its own municipal departments, and for the purpo e of the discharge of its municipal duties in l).ghting the streets and thoroughfares of the city, it wag decided that tho. e taxes were not properly assessable again. t the municipality, and it is for a refund of those only that the committee has made its favorable report. ·

Mr. S~IOOT. Perhaps the Senator will remember that wheri the last revenue bill was up for consideration in the Senate there was an amendment made to the bill to take care of this company in Philadelphia as to the taxes which might be impo ed hereafter, and gain· made by the company that went directly to the State of Pennsylvania, as they were the owners of a great deal of the stock, were hereafter not to be asse sable. This grows out of the . arne que tion, and it will not happen again, under the existing revenue law.

Mr. BRT;CE. .Mr. President. I want to say a word seconding what the Senator from Pennsylvania has said.

The report in this case was prepared by the Senator from Missouri [Mr. SPEXCER] and myself, and I think I can truly say that we gave to its preparation the closest and most exhaustive attention. We read every legal decision bearing on the question, and in every respect I think we discharged our duty as fully as we could possibly be expected to discharge it. The whole matter was discus ed at length before the full committee, and the re ult was entire unanimity on the part of the members of the committee respecting the merits of the claim.

It amounted to some $2,000,000, but we thought that the Government was not re ponsible for certain of its elements, for the reasons whic·h haTe been given by the Senator from Pennsylvania, so far as the gas furnished to private consumers was concerned, but a part of the tax that was collected by the Government, the Senator from Penn. ylvania will recollect, was income on securities held by the dty of Philadelphia. Of cour e, the exemption of the income from those securities from taxation is too clear to be argued. The Federal Govern· ment has no power to tax securities held by a city:

Mr. DIAL. Why did they wait this long? Why -was not this adjusted long ago?


Ur. BRUCE. I have been a ~ember of the Committee on I The PR~SIDEI\TT ~ro tempore. Is there objection to the Claim::~ for some time and some claims ha-ve come up for con- consideration of the bill? sideration of much 1'onger standing than this, and have re- There being no objection, the Senate, as in Committee of the <:ei\ed the approval of the Congress. Take, for instance1 !he Whole, proceede.d to conside.r the ~ill, which had been 1 ~~orte~ Frenc·h spoliation claims, involving some three or four million from t.he Com~~ttee on Cla1~ mth an .amendJ?en~, on line o •. dollars. Many of those claims ha'Ve been paid after the lapse to stnke out $2,019,472.87 and to rnsert rn lleu thereor of all the time that has pas ed since the beginning of the last "$535,716.22,'" so as to make the bill read; ceutury. That tbe Secretary of tbe Treasury be, and he is hereby, authorized

Mr. PEPPER. Mr. President, will the Senator yield a mo- and directed to pay to the city of Philadelphia, Pa., the sum of ment'! . $535,716.22, out of '8.ny moneys in the Treasm·y not othenvise appro-

.,lr. BRUCE. Certainly. priated, in settlement in full of the claims of the said city against the ~Ir. PEPPER. l\Iay I suggest, in answer to the question just "Cnited State for internal revenue taxes collectro under the act of

asked bv the Senator from South Carolina, that the delay has June 30, 1864, and other acts, on dirtdends upon railroad stocks and not be(>~ due to any lack of diligence on the part of the claim- intet·est upon railroad bonds owned by said city, and for other inant but owing to the fact that there was, first, litigation to ternal revenue taxes wrongfully collected from the :;;aid city. det~rmine whether or not theBe gas works were municipally

d 1 The amendment wa agreed to. owned within the meaning of the law; in the secon Dace, The bill wa reported to the Senate as amended, and tlle there was a reference of the matter to the Court of Claims, amendment was concurred in. 1 which took a long time in the ordinary course of its procedure The bill n-as; ordared to be engros"ed for a third I adinO' to handle the case and to make the award. " - ~ -"' ·e ~·

Subsequent to the making of the award by the Court of read the third time, and pas ·ed. Claims the case came to Congress in the usual way, and the MJSSOOU RIVER BRIDGES, NORTH DAKOTA

matter has been pending in the two Houses of Congress, with- The bill ( S. 3890) granting t~ consent of Congre to tlle out lack of diligence upon the part of th~ claimants, but only State of .Korth Dakota to con ·truct a bridge across the Mi::lbecause after the most careful consideration we, time after souri Rh-er between William. ounty and l\IcKenzie County, time reaclled the kind of situation we are in to-day, where, N. Dak., wa . announced as nPxt in order. afte~ the thing has been considered by all those whose duty it Mr. RHEPP..d.RD. Mr. Pre~ident, from the Committee on is to consider it, we reach the point where we are up ag.a.inst an Commerce I report favorably House bill 10688, granting the objection, made in entire good faith but, I can not hel11 feeling, consent of Congress to the State of North Dakota to coDBtruct proceeding from a lack of familiarity with the claim which is a bridge aero ·s the Missonri Ri\er between Williams County before the Senate. and McKenzie County, X. Dak., and I submit a report (No.

We feel ·o trongly that this is a meritorious claim that 958) thPreon. I a~k for the immediate consideration of this we ~entnre to ask the Senator not to pres his objection. House bilL in lieu of ~enate bill 3890.

l\1r. BRUCE. I call the attention of the Senator from South The PHEl-\IDING OFFICER. I. there objection? Carolina to the {act that nobody has objected to this claim. If '!'here bein~ no objection. the Senate, as in Committee of any 1\IemJJer of the Senate to whose knowledge the circum- the Whole, proceeded to consider Horu e bill 10688, which was stances surrOWl<ling it has been brought has objected to it, I read, a.s follows: have not heard of it. Be it enacted. etc .. That the consent of Congress is hereby granted

l\Ir. DIAL. I confess I am not very familiar with it, but I to the State of North Dakota to construct, maintain, and operate a also confes I do not feel kindly to a claim 60 years old. There bridge ancl approaches theJ'eto aero: the Missouri River at a point ought to be a da in court and the s.tatute of 1imitations uitable to the i.ntere t. of navigation, at or near Williston, in the ought to run against it Has the Court of Claims passed upon county of Williams, in the State of ~orth Dakota, in accordance with thi claim? . the provision of the art entitled "An act to regulate the construction

lUr. BRUCE. The case was referred to the Court of Claims of bridge OYE'r navigable waters," appro""ed March 23, 1906. for findings of fact. SEc. 2. The right to alter, amend, or repeal this act is he1·eby ex-

l\Ir. DIAL. They found the facts? pr('S ly reser>ed. Mr. BRUCE. They did. Mr. DIAL. They did not adjust the amount? l\Ir. BRUCE. As I told the Senator, the amount fixed by

this bill was some $2,0{)0,000, and we cut it down to some $53£,000, be(-ause we thought that ~me of the el.e~ents that entered into the claim were not entitled to recogrution.

Mr. DIAL. I see they claim two million and something. Mr. BRUCE. We cut it down to about $535,000 for the

reasons that I have given. The claim was partly for the refund of taxes that had been levied on incomes derived by the city of Philadelphia from securities held oy that city. To any lawyer, of coun;e, it is hardly necessary to say that the Go\ernment had no constitutional power whate,-er to levy a tax on securities held by the city of Philadelphia. V\Then we came to the question of a tax le\ied on income fro~ the sale of ~as we drew a distinction between gas that the c1ty ha.d supplied to consumers in its ordinary proprietary character and gas which it bad supplied to its own municipal departments. In other word we allowed the claim so far as it related to gas supplied by the city to it own municipal departments and disallowed it so far as it applied to gas which had been furnished to ordinary consumers.

All I have to say to the Senator, in conclusion, is that if he propose. to give this matter adequate consideration he will have to give it about two full weeks' .consideration. That L-; about the length of time that the Senator from .Missouri and I gaye to it when we were con idering it in all its a pects. 'l'he final result was, as I ha\e said, that after the closest consideration the committee with entire unanimity approved this bill with the reduction. Therefore I do hope that the Senator. will withdraw his objection.

Mr. DIAL. I have the highest regard in the world for the committee and for the subcommittee and for the proponent of this bill, but I must say that there hould be a time when we should stop going back to these claims. There should be some date when such claim would be barred, o that the Government would know what ta~es to le\y on the })eople for current expen es. I will withdraw my objection, but I do not favor this kind of legislation.

The bill wa~ reported to the Senate without amendment. ordered to a third reading, read the third time, and pas ·ed.

The PRESIDE~'"T pro tempore. The Senate bill 3890 will be inclefiuitely po.tpoued.

J.IISSOl."RI RITER BRIDGE, NOR'I'H DAKOTA

The bill ( S. 3 91) granting the consent of Congress to the State of i\orth Dakota to con. truct a bridge across the Missouri Riyer between Jlountrail County and :McKenzie County, X. Dak .. waR announcl'd as next in order.

Mr. SHEPPARD. I report favorably from the Committee on Commerce HouRe bill 10689, granting t11e consent of Congres. to the State of North Dakota to coustruct a bridge aero~~ the llissouri River betv•een Mountrail County and l\icKenZit> County, N. Dak .. and I submit a report (No. 959) thereon. I a~k for the immediate consideration of thi bill, in lieu of Senate bill 3891.

There being no objection, the Senate, as tn Committee of the Whole, proceeded to consider House bill 10089, which was read, as follows:

Be it enacted, etc., That the consent of Congress is hereby granted to the State of North Dakota to constru:!t, maintain, and operate a bridge and approaches thereto aero s the Missourt River at a point suitable to the interests of na\"i!;ation at or near Sanish, in the county of :Uountrail, in the State of North Dakota, in acco1·dance with tbe provisions of the act entitled "An act to regulate the construction of bridges over navigable waters," approved !\larch 23, l!>OG.

'Ec. 2. The right to alter, amend, or repeal this act is hereby expressly reserved.


The PRESIDE~TT pro tempore. Senate bill 3891 will be in· definitely postponed.

.4¥~DME!."T OF FEDERAL FARM LOA~ ACT

The bill (S. 3632) to amend the Federal farm loan act and the agTicultural credits act of 1923 wa · considered as in Committee of the Whole.

1925 CONGRESSIONAL RECORD-SENATE 2783 Mr. FLETCHER. I desire to submit an amendment to the

bill, which is an important bill, submitted by the Farm Loan Board.

The PRESIDE~~ pro tempore. The Secretary will read the amendment.

The READING CLERK. On page 3, in line 4, after the word 11 Board," the Senator from Florida proposes to strike out the words "and appropriated as a special fund and made available for expenditure under the appropriation entitled 'Salaries and expen es, Federal Farm Loan Board, special fund,' " and to insert in lieu thereof the words "to be disbursed in payment of such salaries and expenses on appropriations duly made by Congress."

:Mr. WATSON. Will the Senator tell us something about the bill, and then about the amendment, briefly?

Mr. FLETCHER. The bill is intended to carry out the purpose of Congress in apportioning the expenditures of this system. The Senator will recall that under this system there are Jf'ederal land banks, joint-stock land banks, and intermediatecredit banks. The board is authorized to apportion expenses in connection with these three bodies.

Under the laws as they have been pas ed, tho e organizatiom~ being taxed together as they have been, there is difficulty in carrying out those law without these amendments, so as to apportion the expenses properly. For instance, the expense in <:onnection with the Federal land banks would come under the Federal land bank act, and the expenses of the intermediatecredit banks under the intermediate credit act, and ·o on.

1\Ir. WATSON. I have no objection to the bill. Mr. FLETCHER. It is favored by the board. Tllis .amend

ment does away with any special fund, and brings the whole appropriation under the Budget Director, and is proposed by the Budget Director. I have offered it in that connection.

The PRESIDENT pro tempore. 'rhe question is on agreeing to the amendment offered by the Senator from Florida.

The amendment was agreed to. The PRESIDENT pro tempore. The Secretary will state the

amendment proposed by the Committee on Banking and Currency.

The RE.ADIXG CLERK. On page 2, line 7, after the word "Board," the committee propo es to in ert the words "officers and employees," so as to make the bill read:

Be -it enacted, etc., 'l'hat paragraph " a" of section 206 of the agricultural credlts act of Hl23, as amendeu, be amended to read as follows:

"SEc. 206. (a) That the Federal Farm Loan Board shall equitably apportion the joint expenses incurred in behalf of the Federal land bank~, joint-stock land banks, and Federal intermediate credit banks, and . ball assE.'s again t each Federal intermediate credit bank its proportionate share of the expen es of the Federal Farm Loan Bw·eau made necessary in connection with the operation of this provision."

SEc. 2. The eighth paragraph of ection 3 of the Federal farm loan act, as amended, be further amended to read as follows:

'· 'l'lie salaries and expen es of the Federal Farm Loan Board, its officers and employees, farm-loan registrars, deputy reg1sh·ars, examiners, antl rc\'"iewing appraisers authorized under thi act,· or any subs quent amendments thereof, shall be paid by the Federal land banks, joint- tock land banks, and the Federal intE.>rmediate credit bank , as follows:

" The Federal Farm Loan Board shall, prior to the 1st days of Januat·y aud July of each year·, estimate the expenses and salaries of the l''ederal Farm Loan Board, its officers and employees; farm-loan registi·ars and deputy registrars, examiners, and rt>viewing appraisers, an!l apportion the same among the Federal land banks, joint-stock lan rl uanks, and the Federal intermediate credit banks on uch equitable basi. as the Farm Loan "Board shall determine, giving due con ideration to time an(! expen e neeessarily incident to the supervision of the operation of each type of bank, and make an aSl es. ment upon each of such banks pursuant to such apportionment, payable on the 1 t days of January and July next ensuing. The funds collected pursuant to such as es ments shall be deposited with the Treasurer of the 'Gnitetl State · undet· the mi cellaneous receipts title '.As:;essments on Federal and joint-stock land banks and Federal intermediate credit banks salarie anu expenses Federal Farm Loan Board,' to be disbursed i~ paymPnt of such salaries and expenses on approp·riations duly made by Congress.

" If any deficiency shall occur in such fund during the half-year period for which it was estimated, the Fedeml Farm Loan Board shall have authority tQ make immediate assessment covering such deficiency against the Federal land banks, joint- tock land banks, and Federal intermediate credit banks upon the same ba is as the original a ~se sment. If at the end of the six month ' period there shall !'('main a urplus in such fund, it shall be deducted from the estimated expens(>S of the neA-t six months' period when a~; e sment is made for such period.

"Land bank appraisers and appraisers or inspectors of Federal intermediate credit banks shall receive such compen ation as the Federal Farm Loan Board shall fix and shall be paid by the Federal land bank , joint-stock land banks, and the Federal intermediate credit banks they serve, in such proportion and in such manner as the Federal Farm Loan Board shall order."

SEc. 3. The last two paragraphs of section lG of the farm loan act as amentled be stricken out and the following inserted in lieu thereof:

"For the purpose of assisting in any uch liquidation authorized as in the preceding paragraph, provided any. Federal land bank or joint-stock land bank may, with the approval of the Federal Farm Loan Board, acquire the as ets and assume the liabilities of any joint-stock land bank, and in such transaction any Federal land bank may waive the provisions of this act requiring such bank to acquire it loans only through national farm loan associations or agents, and those relating to status of borrower, purpo es of loan, and also the limitation as to the amount of individual loans. No Federal land bank shall assume the obligations of any joint-stock land bank in. such manner as to make its outstanding obligations more than 20 times its capital stock except by creation of a special reserve equal to one-twentieth of the amount of such additional obligations assumed. No joint-stock land bank shall a sume the obligations of any other joint-stock land bank in such manner as to make its outstanding obligations more than 15 times the amount of its capital and surplu , except by creation of a special reserve equal to one-fifteenth of the amount of such additional obligations assumed.';

SEc. 4. Paragraph 9 of section 21 of the farm loan act as amended be further amended to read as follows :

" Each Federal land bank on whose behalf consolidated bonds shall be issued under this provision shall in all respects be bound by the act of the farm loan commissioner and the secretary of the farm loan board.''

SEC. 5. All acts, or parts of acts, inconsistent with this act are hereby repealed.

The amendment was a,greeu to. The bill was reported to the Senate as amended, and the

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

read the third time, and passed. TOWN SITE OF BANISH, N. DAK.

The bill (H. R. 3387) authorizing repayment of excess amounts paid by purchasers of certain lots in the town site of Sanish, formerly Fort Berthold Indian Reservation, N. Dak., was con ·idered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Interior is hereby authorized to certify to the Secretary of the Treasury the difference between the amounts paid by purchasers of the lots in the town site of Sani ·h. within the former Fort Berthold Indian Reservation, N. Dak., and the price fixed as re ult of reappraisal by the 'ecretary of the Interior of August 11, 1922, in all cases whether patents had or had not i sued at the time of the reappraisal of the lots: Provided, That the purchasers or their legal representatives apply for repayment of such amounts within two years from the pas~age of this act.

SEc. 2. rpon receipt of the certificate from the Secretary of the Interior, the Secretary of the Treasury is hereby authorized and directed to make payment to such purchasers out of the funds held in trust for the Fort Berthold Ind1ans under the act of Congress appro-ved June 1, 1910, and issue his warrant in settlement thereof.


GEORGE A. BERRY

The })ill (H. R. 7167) for the relief of George A. Berry was aunotmced as next in order.

l\Ir. SHORTRIDGE. Mr. President, that bill has been dispo ed of. A similar bill was paN ed.

l\Ir. SMOOT. The bill ought to have been indefinitely po;;tponed.

~Ir. ,'IIORTRIDGE. An identical bill to this was passed by the Hou. e and the Senate.

The PRESIDE:NT pro. tempore. The bill on the calendar is a Hou~e bill.

Mr. SHORTRIDGE. The House bill was substituted for the Senate bill and was identical with the Senate bill. The House bill was passed, so the bill now on the Senate Calendar should be indefinitely postponed.

The PRESIDEXT pro tempore. The bill will be indefinitely postponed.

1'\.AYAL BESERVE .AND MAIU1\"'E CORPS RESERVE

The bill (H. R. !>634) to pro\ide for the creation, organization, administration, and maintenance of a Naval Reserve and a :Marine Corps Reserre was announced as next in order.

2784 CONGRESSIONAIJ RECORD-SENATE 'JANUARY 31 t_

Mr. SMOOT. Let the bill go over. Mr. ODDIID. Mr. President, may I ask the Senator what

hi.· objections are to the bill? :Mr. S:MOOT. It can not be passed within the limited time

at our disposal this afternoon. The bill may be all right, but I de.:ire to make a little further investigation. I have written a letter to ask a certain que ·tion and as soon as I get a reply to that letter I will let the Senator know.

:Mr. ODD IE. Has the Senator written to the Navy Department? l\Ir. S)IOOT. I have written to a party in the Navy Depart

ment. Mr. ODDIE. The bill has been considered very carefully by

the committee. Mr. SMOOT. I know that, but a bill of such importance can

not be passed at this time. Mr. ODDIE. The bill was up at the last session, but owing

to the congestion of business it was impo~sible to get it pa sed. Members of the 1\aval Re erve all over the country have been particularly anxious to get the bill through and I am sure it is in good s-hape to be passed. The committee have gone over it very carefully and I would appreciate it if the Senator would withdraw his objection.

The PRESIDENT pro tempore. Is the objection withdrawn? Mr. SMOOT. No. The PRESIDENT pro tempore. The bill will be passed over.

NONMA.ILABILITY OF FffiEARMS

The bill (H. R. 9093) declaring pistols, reYolvers, and other firearms capable of b-eing conooaled on the person nonmailable and providing penalty was unnounced as next in order.

Mr. STERLING. l.et the bill go ovel'. Mr. WALSH of Massachusetts. I reque t that the bill may

go over. The PRESIDENT pro tempore. The bill will be pas ed over.

QUARTERLY MO~-ORDEll ACCOUNTS

The bill (H. R. 4441) to provide for quarterly mone~·-order accounts to be rendered by district postma. tel's at thitd and fourth class post offices was conside1'ed as in Committee of the Whole.

The bill had been reported from the Committee on Post Offices and Post Roads with amendments, to strike out on page 1, lines 3, 4, 5, and 6 in the follO\ting words :

That the act entitled ".An act to improve the methods of accounting in th~ Post Office Depa~nt, and for other purposes, approved January 27, 1894, be, and the same is hereby, amended to read as follows:"

And to insert in lieu thereof-That St>ction 4044 of the Revised Statutes, as amend~d, is amended

to read as follows :

And on page 1, line 10, after the word "render," to in, ert the words .. to the comph·oller, Bureau of Accounts, Post Office Department," so as to make the bill read:

Be it ()nactcd, etc., That section 4044 of the Revised Statutes, u · amended, is amended to read as follows:

''It . h~ll be the duty of postmasters at post offices authorized to is)-,ue money orders to render to the comptroller, Bureau of Accounts, Po t Office Department, quarterly, monthly, semimonthly, weekly, semiWPekly, or daily accounts of all money orclers is ned and paid, of all fees received for issuing them, of all transfers and payments made from money-order funds, and of all money receh·ed to be used for the payment of money orders or on account of money-order business."

The amendment"' were agreed to. The bill was reported to the Senate as amended, and the

. amPndments were concurred in. The amendments were ordered to be engrossed and the bill to

be rearl a third time. The bill was read the third time and passed. The title was amended so as to read "A bill to amend section

40H of the Revised Statutes, as amended." TRAN FER OF CERTAIN MATERllLS TO AGRICULTURAL DEPARTMENT

l\Ir. NORBECK. 1\Ir. President., sometime ago I asked that we pass over Calendar No. 733, House bill 7269, without prejudice. I would like to a. k now that the bill be taken up_

The PRESIDENT 11ro tempore. The Senator from South Dakota asks that the Senate return to Calendar No. 733. Is there objection? 'l'he Chair hears none.

The bill (H. R. 7269) to authorize and direct tile Secretary of War to tran fer certain materials, machinery, and equipment to the Department of Agriculture was considered as in Committee of the Whole.

l\fr. NORBECK. Mr. Pre ident, I desire to otrer an amendment to the bill. On page 2, line 2, I move to strike out

"$1,500," and insert in lieu thereof "$750." That relate to tractors as surplus material to be distributed from the War Department. On page 2, line 3, I move to strike out "$4,000," and insert "$2,000." That relat'es to trucks to be distributed.

The PRESIDENT pro tempore. Is there objection to the reconsideration of the votes by which certain amendments to the bill were agreed to?

Mr. BRUCE. The bill received tbe consideration of the Committee on Military Mairs, and it seems to me, in view of the absence of the chairman of that committee, that it ought not to be amendetl without some notice to him.

1\lr. CURTIS. 1\Ir. President, I suggest that the amendments be considered as pending, and that the bill go over until the chairman of the Committee on Military Affairs is here.

The PRESIDENT pro tempore. The bill will go over us suggested.

LAND IN BAN JUAN, P. B.

The bill (S. 3630) authorizing the Secretary of War to convey to the Federal Laud Bank of Baltimore certain lund in the city of San Juan, P. R., was considered as in Committee of the Whole. The bill had been reported from the Committee on l\Iilitary Affairs with amendments.

~1r. REED of Pennsylvania. Before the committee amendments are considered. I desire to offer the amendment which I send to th~ de k, to correct a printer's error in the description of the land to be conveyed.

The PRESIDE(\TT pro tempore. The Senator from Pennsylvania offers an amendment to the committee amendment, which will be stated.

The READING CLERK. In the committee amendment, on page 3, line 19, after the word " degrees," in ert " 11 minute3 we t, a di tance of," so as to read " thence along the outh line of Tetuan Street south 77 degrees 11 minute we t, a distanc-e of 28.10 meters to the point of beginning."

The amendment to the amendment wa. agreed to. The PRESIDEJ\"T pro tempore. The que tion is now on the

committee amendment, which will be stated. The READING CLERK. On page 1, line 5, after the worcl

" 1\Iaryland," sh·ike out " upon such terms as he may con ider advisable ., and insert in lieu the1·eof " for the um of $6,000, which i hereby made available for the construction of a double set of noncommis. ioned officers' qilllrters on the main re ervation of San Juan, P. R., whi<.:h will replace the double set of noncommissioned officers' quarters on the land to be conveyed," so as to read :

That the Secretary ()f War be, and he is hereby, authorized to convey by appropriate quitclaim deed to tlle Federal Land Bank of Baltimore, Md., for the sum of 6,000, which i hereby made available for the construction of a double set of noncommissioned officers' quarters on the main reservation of San Juan, P. R., which will replace the double set of noncommis ioned officers' quarters on the land to be conveyed, the tract of land situated in the city of San Juan, in the island of Porto Rico, and described us follows:

The amendment was agreed to. The next amendment was, on page 2, after line 3, to strike

out: "Beginning at the southwe t intersection of Tetuan Street and an unnamed street in .,aid city of San ;ruan, which . ai(l unnamed street has a general bearing to the south and southeast from said point of intersection with saiU Tetuan Street and i located between Cruz and San Jose Street in "aid city, and running n·om said point of beginnin..,. in an eastwardly direction along the outh side of aid Tetuan Street a distance of lOO feet, thence south a distance of 70 feet, more or less, to tbe sea wall, thence ea t along ... aid sea wall 108 feet, mot·e or le · , to the we t line of said unnamed street, thence along the west line of said unnamed street 90 feet, more or Je · ·, to the place of beginning. Said above-described tract includes the lot on which is situated a small brick-and-mortar one-story building known as Army building No. 108," and insert:

Being the ea&terly part of La Palma Bastion Military Re ervation, San Juan, Porto Rico, located and de cribed a follows: Beginning at the northwesterly corner of this parcel located at the southerly slUe of Tetuan Street, in line with the north wall of a rna onry building on this parcel at di tance five and sixty-one one-hundredths meters from the northwest corner of same. building; thence bounding with La Palma Bastion bearing outb 12 degree 49 minutes cast, a distance ;)f twenty and seventy-four one-hundredths meters to the city wall; thence along the inside of this wall north 83 degrees 38 minutes ea t, a distance of twenty-four ancl four one-bundredtlis meters; thence north 5 degrees 26 minutes west, a distance of ninety-four one-hundredths meters; thence north 83 degree 38 minute ea t, a distance of five and ninety-one one-hundredths meters; thence north 12 degrees 2! minutes east. a distance of ten and six one-hunuredtbr,· meters to the llecinto Sur Street; thence along tbe westerly side of the Reclnto Sur

19.25 CONGRESSIONAE RECORD-SENA'TIE 2785

Name No. Area Street north 2J degrees one one-hundredth minute west, a distance of aleY-eu and eighty one-hundredths meters; thence. along a cur-ve radius about 10 feet to its intersection with "Tetuan Street, bounding with a small parcel conveyed to the people of Porto Rico; thence along the . outh line of Tetuan Street south 77 degrees 11 minutes west, a distance of twenty-eight and ten one-hundredths meters to the point of be ... inning. The above-described parcel contains an area of seven hundred and nineteen and sixty-eight one-hundredths square meters.

------------------------------------------~1------------

The amendment as amended was agreed to. The bill was reported to the Senate as amended and the

amendments were concurred in. The bill was ordered to be engrossed for a third 1·eading,

read the third time, and passed. WILLIAM W. DANE~HOWER

The bill ( S. 1193) to carry into effect the findings of the Court of Claims in the case of William W. Danenhower was considered as in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, on page 1, line 6, to strike out " $42,260" and insert " $34,260~" so as to make the bill read :

Be it enacted, etc., That the Secretary of ~ Treasury be, and he is hereby, authorized and directed to pay to William W. Danenhower, out of any money in the Treasury not otherwise appropriated, the sum of $34.,260 for damages caused by the depreciation in value of his property situate in square 737 of the city of Wa hington, D. C., which said damages were caused by the elimination of the grade crossings of railroads in pursuance to the act of Congress approved February 12, 1901 (31 Stat. L. p. 774), and acts supplemental thereto, as found by the Court of Claims and reported in Senate Document No. 2, Sixty-seventh Congress, first session.


amendment was concurred in. The bill was ordered to be engll'ossed for a third reading, read

the third time, and passed. RELIEF OF CERTAIN NEWSPAPERS

The bill ( S. 3896) for the relief of certain newspapers for advertising services rendered the Public Health Service of the Tl·easury Department was considered as in Committee of the ·whole and was read, as follows :

Be it· enaoted, etc., That the Couiptroll~r General of the nited States be, and he is hereby, authorized, notwithstanding the provisions of sectio-n 38.28 of the Revised Statutes of the United States, to settle, adjust, and certify the following claims for- adv~rtising services rendered the Public Health Service, 'l'reasury Department, namely, the claims of certain Chicago newspapers for advertising services rendered October 3, 1918, amounting in all to 2,89-1, under the appropriation " Suppres ing Spanish infiuenza and other communicable diseases, 1919;" the claim of a Houston, .Tex., newspaper, 65.17; and the claim of a New York newspaper, $30, for advertising services· rendert:d between June and October, 1920, under the appropriations "Pay o! p~rsonnel and maintenance of hospitals, Public Health Service, 1920," and "Maintenance, marine hospitals, 1921."

The bill was rt"ported to the Senate without amendment, or._ derett to be engro sed for a third reading, read the third time, and passed.

LAND PATENTS IN W AIAKEA, HAW .All

The bill (H. R. 6303) to authorize the Governor and Commissioner of Public LandS" of the Territory of Hawaii to issue patents to certain persons who purcha ed government lots iu the di trict of Waiakea, island of Hawaii, in accordance with aet 33, ession laws of 1915, Legi lature of Hawaii, was considered as in Committee of the 'Thole and was read, as follows :

Be it ena,cted, etc., That the governor and commissioner of public lands of the Territory oi Hawall are hereby authorized to issue patents to the following-named persons, their succe ·sors or p~rmitted assigns, occupiers of lots in the Waiakea bouse lot tract, district of Waiakea, island of Hawaii, which lots were sold by the Territorial government in accordance with. act 33, session laws of 1915, Legislature of Hawaii : Provided, hJ)lcet:er, That no patents be issued until all conditions imposed by the Territorial government at the time of sale have been <!Omplied with.

Name No. Area

IN BLOCK 12

fs:!r@~!!~~~~~==============~============~========= Komatsu Sakamoto._--·-······--·-··-·----------·--·---------Hideichi Nishimura~---···-··-······-····--····-·-··-------·

Sq.(L 1 20,000 2 20,000 3 20;000 4 20,1X» 5 20,000

IN BLOCK 12-continued Suketaro Maruo. ___ .••. ···-···· •.• __ .••..•...•.•.•..•.••. -- ... Rei taro Egawa. ------···-·-········-------·-··-- --·----------Kenichi Tanaka ....•• _··-··-------·· •..•. ------- _____ ---- ~ ---Usaboro Segawa ....•••••.•• _____ ---·· ----- .. _ ........• ---- ... . Mary Keaweopala .•• ··-····· ___ •••. ____ ••. __ ..... ---. _ ....... . Sabjiro Abe ________ _ ••••....... ______ •..•• --·----•... _ ... __ ... . Wm. Edmonds •..• ·-····---···-------------------------------Jukichi Okino •...• ---·--- •. __________________ . _. _______ .. __ ... Jas. 8. Kekela. __ ----------------------------------------------Shi.Inado Kitagawa_. __ -·-·· .•.•••.. -··----- _________ .. ________ . Masaichi Nakamura _______________________ : __________________ _

IN BLOCK 13

. Rev. Koo Ishikawa ....•••...........••.•••.......•....... ::-.... Esther Kekoa. _ ----------------------------·-·-··----- --------1\Iary J. Kekela. _ -·-···--·-·······--·--------------------·-··-Pihana Kaiawe .. _ ..••.....•.•.•..••.• --- ....... _. -- --·- .. --- .. W m. Kuikuipua_ ___________ ------·--· .••...•• ______ . ---·- ... _. Mrs. Hatsuyo Thompson. ...•.••.•••.•.•.•.• _____ ----- ------- -Mary Lau On ... ·--···--···-···-·-·-------------------------Thomas Pedro, jr ______ •• _ ·-·· ..•• _____ .•.•••. ___________ .•...• 1\:Irs. Isuneyo Tanaka ...•• ·-··-----------------------------Katsuichi Hashimoto .•••.•.••..... _.-··-··· ••• _______________ _ Bhoro l\-1 urakamL ____ . ___ .• _____ ... _____ ••••... ______________ _ K. Wakimoto~. _ -------···-----------------·-- ----------- ------Junnosuki Ishizu. ___ •.. _ •.•.••• _ •••• ___ ----- __________ .•• _____ _ Hirok.ichi Nishimura._ ••. __ ... __ •• ____ .••• ____________ .•. ____ _ Taichiro Seto .. _____ .. ______ •••. ___ .••.•••. _ •.•• ____ . _ ...•. ___ _

IN BLOCK.19

N obujiro Y osbino .. __ ----------------------------------- __ Mr~. Annie K. Low-------------------·--·--------------------Giemon Sakumoto ..... __ .... __ .•... : . .. ______ . _______________ . Y oshlo Koshimoto ... __ ------. __ ............ ____ •.. _ ...•. ____ . _ Kinichiro Kobayashi ___ . _________________ . ___ .•. _____________ _ N obucl:l.i r akao .. ________________ : ______________________ : . ___ _

' Ki.nzo Izumi ________________________________ ------ ____________ _ Hatsue Yamamoto.----------------------·- -------------, ____ -Tsunek:ichi Kanai _. ---·-·--··----------------- ______________ _ Umekichi Kanai _______________________ -------- _______________ _

~~~a d~~n~~o cYta~~~=~===: :::::::::::::::::::::::::::: == = === · Kalamau Kaanaana -----··---------- -----·-------- ------ _____ _ Louisa K. Apu. __ ---···-····--------------------------- ______ _ l\Iary Kaaum.oana ... ____________ . _. ____________________ • _____ _

l\.fary Ann Akana.------------------------------- ______ ...• __ _

IN BLOCK 20 Joaquin Lopes _______________ •• __ ... ____ . _________ • _____ • _____ _ Kalmtaro Maesaka. _ ------·. ________ •.. ________ •.. __ . ______ ..• Chun C. Tong ___ --·--·--·----------------------- ••. -------- __ Nobuichi Kimata __ ···-·----------- --···-------------- ___ .... _ Otto K. Reinhardt._------------------------------------------Uyeno Yosbimatsu __ • _____ .. ___ •••. ______ •.. _ .•• __ • ___ .• _____ _ EID.IDa Reinhardt.-----------------·-·------·---------·---- __ Nikichi Yanagihara. _ •..• ---------------'- ------------------John A. Lee ____ ------------------------------···-------------Mrs. Hana Watanabe .. _--------------------------------------Daniel N amahoe. ____________ ------------- _______ -------------K. Ikeda __ --------------------~----------------·--------------Maria. de Gloria Martin.-------------------·-·----------------Keoabu KeliinuL .... _________________ .•••• _ •.. _________ . ___ .. _ Joseph de Costa_--------------------------·---------------- __ _ En Kong Wung _ --------··------------------····--------------

IN BLOCK 25

T. Hirokane __________ ----------------·--------- -----·----------Masajiro Yamamoto ___________________ ._ .. _________ . __________ _ Hector Plymer Morton .. ------------- __________ ----------- ___ _ Jessie Cecilia Swanston------------------------------------ __ _

IN' BLOCK 26' Stella Kaiminaauao __________________ .•. ______________________ _

fj;!~ =9.·-~=============~=~~==~=========~==---========== Florence M. Like·------------------~-----------------------Alfred Tavarez_--------------------------------------------·J!.;!ary K. Petecson.. ..••. --------··------------------------Mary G. Pereira·--------------------------------------·- .... Emma Smith _______ --~-- ____ ... _______________ ------- _______ _ Izume Kainchi __ ------------------------ _____ --------·-. _____ _ Mrs. lsabellaMartin ________ ..!; __________________________ _ I taro Nakao __________ .---·- _________________ . __ •. ___________ . HermanN. KamaL-------------- ____ -----------------------Sanuske Onishi ... _____ •..•• _____ .... ___ . ____ . __________ .. ____ _ Joss p. A.maral----------------- -----------------------------'J'akichi Homma__ ___ ----------- •••. ···- __ •••.. ________ • ___ _ Esther Kahaw.a.L------------------------------------'----·-Futoshi Arakawa.. .... -- ________ __ ... _ .. ________ ...... --._. ___ _ Kenjiro Kodama ... ----------------------- _____ -------------· Kitaro Takahashi __ .. __ -------·----- -------------- -- _________ _

~iiric~i~q a:=;~_-::=====~====~========~================== ' Sen taro Kojima ____ -----------------------------·-------------Sidney Masao Hamada.. ________________ ----------------------. Ichitaro Hora ... _ .. -------------------------------------------Eclith Carol> Ariali ____ • ---------------------------· - ---Carrie Sharra.tt. ______________ • ___ • ______________ . ____________ _

Haili Kuamoo·----------------------------~---·------------.An:rrabelle Ruddle ..••.. __________________ . _________ ..•... __ ..• Heulu Namahoo·---··--------------------------------Sarah II. CahilL ... _____ ------- ____ .--------------------- ____ _ Lui Kwan... ________________ -------- _____________ -------------· Waahia Kalilikane .. _ ··-- ---------- ------------··--· -'";·-····;

Bq,fl. 6 20,0001 7 20, 000 • 8 20,000 9 ~000

10 20,0001 11 20,000 12_ 2il,OOO 13 20,000 14 20,000 15 20,000 16 20,000

1 22, sao 2 22,500 3 22,500 4 22, 500 5 22, 500 6 22 5..')() 7 22.500 8 22,500 9 22.500

10 22, 500 I1 22, 500 12 22,500 13 22,5(» 14 22,500 16 22,500

1 20,000 2 2J, 000 3 20,07J 4 20,000 5 2J,009 6 2), (n>

7 2:J,()()!) 8 2J, 000 9 23.000

10 2)~000 11 2J~!m 12 2).{):3.)

13 20;000 14 . 20,000 L5 20,000 1o W,OOO

1 22,.5001 2 22, 5Gl> 3 2:!,.5[}3 4 22,500 5 22,500 6 22, 500 7 22. "GO ' s 22, .wo 9 22,500

10 22.500 11 22,500 12 22,500 l:t 2Z. roo

· u 22, iiOO:I lS. 22.500 16 22,500

13 21.116 14 'Zi. 116 15 'Z1.116 Ht 27,116

1 20,000 2 20.000 3 2C.00!) 4 20,000 5 20,000 6_ 20,000 7 20,.000 8 20,000 9 20,000

10 20, (XlJ 11 20,000 12 20,000 )3 20;000 14 20,000 L5 20,000 16 20,000 1 22,500 2 22,500 3 22,500 4 22,500 5 22,5ro 6 22,1i00 7 22,500 8 22,500 9 22,500

10 22,500 u 22,500 12 22,500 13. 22,500 14 22,.500 15 22,500 1.6 22,500

I

2786 CONGRESSIONAL RECORD-SE~ATE _ 'J NUARY 31

Name

IN BLOCK 33 1\Jrs. Nisu Akiyama ••..... ----------_. __ ----·-------- ••••••••. Gabriell\fanning ___ .•.•.•. _ .•.•...• __ .. __ . _ .•...... _ .....•.... Ting Sam Ching ...•• ----------------------------·------------Fung Lau _. ____ --------------- _____ ----------- .•••... _____ ----young Lau_ ___ •....••.••.•.......••••••••...... -•... ----------Chock Pung _______ ---------- -- ------------------------------. Kamesuke Riga._---- --- -.. ----- --- ____ .... -------------------Elizabeth W. Macomber .. ----·-------------------------------Kim Lung Sup_------------------------- _____ -------------··-. Joe Freitas Braz .. ---------- .. ________ ---------- ... __ . ___ ------John Puha Hale _____ --------- •.. _____ ----------------·--- ..••• Louise I. Wright..--------------------------------------···---John K. Akau ________ ... --------------- ___ . ---------------- __ _ Mrs. Kaniho Vi'ond .••. -------------------- -···------···-·----

IN BLOCK 34

Katsuyo Degawa. -------------------- ____ ---------------------

li~:~ t~ feifo·a·.~ ~::::: ::::::::::::::::::::::::::::::::::::: Alexander K. NawahL _ --------------------------------------Robert J. McKeague_----------------------------------------Fred Olepau Benjamin_--------------------------------------Mrs. Lillian Yataro James._._.-----------------------------·-1\fanuel CabraL. ___ •. ___ .••..........••• _ •. ___ ...•. __ ... ____ .• Lizzie K. Watson .. _ .. ----------------------------------------Marie Martins .... ____ --·---------- _______ --------------------Annie K. Heen ... --- --- ------- ------ --------------------------Anna K. Victor __ ... ------------------------------------------

T!P~;~yLM~~~~j[cli_"_"_"_-:::::::::::::::::::::::::::::::::::: Duke Gomes Jardine .. ---------------------------- ____ ... ____ _

IN BLOCK 35 Elizabeth K. Victor_ ...•. --------------------------------- .••. George T. Muraoka ... ----------------------------------------John K. KimL •. ----- ..•... ___ ..•• _ ---------------------------Antone KinL _. _ •• _ ------·- ...• _ ------------------------------Mary Duarte ________ .•.• ____ .••.•.. ___ ••...•. ___ .•.••. _ •...... Joseph C. Botelho. ___ ----------- ___________ ------ ____ ---------Mrs. Antonia Jesus Andrade·---------------------------------

~i~[;? l~~t;o: ~ ===: ::::: =::::: :::::::::::::::: =: ::::: ====: :: Emmaline K. Lyman._ .•. ------------------------------------Mrs. 1\farie Cootie .••• _. ____ ----------------------------------Helen K. Kaina ... ___ -------- ____ ------------------------. ___ _ Mary Ann H HolL ...•••.•••.•... ---------------------------John C. Botelho.-------- __ -------------- ------- ---------------Alice Pia ManueL_-------------------------------------------

IN BLOCK~

William J. BelL ••..• ------------------·-··---------··-·· ...•.. John Raposa. __ ...• _____ __ --··------.---·------- - ___ ---- __ ----Sarah Hapai ... __ . __ •• ____ -----------------------------------. Harry 8. Hapai--- •• - ----- ·--- --- --·---------------·----------

IN BLOCK 43 1\Iary Kahana. __ • ____ .. ____ ._. ___ ._ ••• _. ___ . ____ .• __ •••....•..

~~n~o8fi~~~~~-e-~~~:_-_-_-_-_-_--~~==~==~=====~=~=~~=~====~~==== Elizabeth Desha Brown.·------------···-----·--·-------------

IN BLOCK 44

Amos & Sarah da Costa ..••.• ----------·--------------------·-

~a!ierrnA:~ade: ir :: ====================================== Sonny 8. White •. _-----------·-----------·--------- __ •..•• ___ _

No. Area

1 Sq.ft.

20,000 2 20,000 3 20,000 5 20,000 7 20,000 8 20,000 9 20,000

10 20,000 11 20,000 12 20,000 13 . 20,000 14 20,000 15 20,000 16 20,000

1 20,000 2 20,000 3 20,000 4 20,000 6 20,000 7 20,000 8 20,000 9 20, ()()()

10 20, ()()() 11 20,000 12 20,0CO 13 20,000 14 20,000 15 20,000 16 20,000

1 22, roo 2 22,1:00 3 22,500 5 22,500 6 22,500 7 22,500 8 22,500 9 22,500

10 22, 5CO 11 22,500 12 22,500 13 22, 5(!()

14 22,500 15 22,500 16 22,500

1 20,000 2 20,000 3 20,000 4 20,000

1 20,000 2 20,000 3 20,000 4 20,000

l 22,500 2 22,500 3 22,500 4 22,500


ELECTRIC SERVICE I~ DISTRICT OF HAMAKU.A, HAWAII

The bill (H. R. 6070) to authorize and provide for the manufacture, maintenance, distribution, and supply of f'lectric current for light and power within the district of. Hamakua, on the island and county of Hawaii, Territory of Hawaii, was considered.as in Committee of the Whole.

The bill had been reported from the Committee on Tenitories and Insular Posse sions with amendments.

The first amendment was, on page 5, line 10, after the word ''property," to strike out "not to exceed 60 per cent of the actual value thereof," and in line 18, page 5, after the word "security," to insert "And pro1:ided fttrther, 'l'hat no mortgage or deed of trust shall be made by such association for an amount exceeding 60 per cent of the actual value of the physical property of such a ociation as determined by appraisal of the Public Utilities CommiJ ion of Hawaii."

The amendment was agreed to. The next amendment was, on page 7, after line 4, to strike out

section 12, in the following words: SEC. 12. All property of every kind and nature forming or used as a

part of such electric system, incluillng this franchise, shall be exempt from any and all taxes under the Territory of Ilawali until the expiration of five years from and after the commencement of the construction or bulldlngs or other works for manufacturing and supplying electricity.

The amendment was agreed to.

The next amendment was, on page 8, line 15, after the word "act," to strike out the words " by the Cong1·ess of the United States." ·

The amendment was agreed to. The next amendment was, on page 9, line 10, after the word

" exceed," to strike out the words " The actual cost or the " and insert the word "the," and in line 11, after the word "property," to strike out "or the actual cost of reproducing or replacing, less depreciation and less the charges thereon," and insert "at the time of the taking."

The amendment was agreed to. The next amendment was, on page 10, line 4, aftf'r the word

"party," to insert "and the said court shall have power to confu·m, decree, or increase the said award," and in line 6, after the word " the," to insert the word " final." ·

The amendment was agreed to. The next amendment was, on page 10, line 15, after the

word " States," to strilre out the words " or the Legislature of the Territory of Hawaii."

The amendment was agreed to. The next amendment was, on page 10, after line 17, to strike

out section 18, in the following words: SEC. 18. This act shall take ell'ect and be law from and after the

date of its approval by the Governor of the Territory of Hawaii, subject, however, to the approval of the Congress of the United States, such approval of Congress to be secured within two years from the date of such approval by the Governor.



to be read a third time. The bill was read the third time, and passed.

RELIEF OF OWNERS OF STEAMSHIP " ALMIR.ANTE "

The bill (S. 2126) for the relief of all owners of cargo aboard the American steamship .A.lmirante at the time of her collision with the U. S. S. HUiko was considered as in Committee of the 'Thole, a?d was read, as follows :

Be it enacted, etc., That the claims of all owners of certain ship· ments of merchandise which were laden on board of the American steamship Almimnte, at the time hereinafter mentioned, against the United States of America for damages alleged to have been cau ed by collision betwl*'n the U. S. S. Hisko and said American steamship Alm.ira11te on the 6th day of September, 1918, ore the coast of the State of New Jersey, may be sued for by the said owners of cargo, in the District Court of the United States for the Southern District of New York sitting as a court of admiralty and acting under the rules governing such court; and said court shall have jurisdiction to hear and determine such suits and to enter judgments or decrees for the amounts of such damages, including interest and costs, if any, as shall be found to be due against the "Gnited States in favor of the owners of said cargo or against the owners of said cargo in favor of the United States, upon the same principles and mea ures of liability as in like cases in admiralty between private parties, and with the same rights of appeal : Prodded, That uch notices of the suits hall be giv~n to the Attorney General of the United States as may be provided by orders of the said court, and it shall be the duty of the Attorney General to cause the United States attorney iu such district to appear anti defend for the United States: Provided further, That aaid suits shall be brought and commenced within four months of the date of the passage of this act.


ESTABLISHMENT OF RUR.U. ROUTES

The bill (H. R. 4448) authorizing the establi hment of rural routes of from 36 to 75 miles in length was considered us in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, on page 1, line 8, to strike out " $2,160 " and inseTt " $2,610."

Mr. STERLING. I will a k that the bill go over on account of the amendments proposed to be made to it.

The PRESIDEI\'T pro tempore. The bill will be passed over. ADALIN"E WHITE

The bill (H. R. 1671) for the relief of Adaline White wa.s announced as next in order.

Mr. REED of Penns~lvania. I ask that the bill may go o"Ver.

The PRESIDENT pro tempore. The bill will be passed O"Ver.

1925 CONGRESSIONAL RECORD-SEN ATE 2787 HEffiS OF 'CASIMIRA MENDOZA.

The bill (H. R. 4294) for the relief of Casi.mira :Mendoza wa: considered as in Committe-e of the \Vhole.

Mr. SHEPPARD. I move that the bill be amended by inserting. in line 5, after the word " to " the words " the heirs of."

The PRESIDE~TT pro tempore. The amend,ment will bestated.

The READING CLERK. On page 1, line 5, after the word " to " in ert the words " the heirs of," so as to make the bill read:

Be it enacted, etc., That the Secretury of the _Treasury be, and he is hereby, authorized nnd directed to pay, out of any money in the Treasury not otherwise appropriated, to the heirs of Ca imira Mendoza, of hafter, Pre idio County, Tex., the sum of 1,500, as compensation for the death of h(\r son, Jesus Menodza, which resulted when an Arm,v Motor Tra~.port truck struck the wagon in which said son was riding.


amendment was concurred in. The amendment was ordered to be engrossed and the bill

to be rend a third time. The bill was read the third time, and passed. The title was amended so as to read : " A bill for the relief

of the heirs of Casimira Mendoza.'' JOHN A. BCGHAM:

Tlle hill (H. R. 5803) for the relief of John A. Bingham was announeed as next in order. .

Air. RMOOT. I would like to ask that this bill be passed over. There ir; no report accompanying it. How did the robbery happen? ·was the man knocked down and was the money taken away from him on the street or how did it happen? No one knows. Let the bill go over.

The PRESIDE~T pro tempore. 'rhe bill will be passed over. COAST TRANSIT DIVISION BARGE " NO. 4 "

The bill ( S. 2042) for the relief of the owner of the coast transit division barge No. 4, was considered as in Committee of the Whole and was read, as follows :

B e it enacted, etc., That the claim of The Barrett Co., owne-r of the roa t tran it division barge No. 4, again t the United States of America, for damages and loss alleged to have been cau ed by collision between said barge and the United States steamship Bali, on the 17th uay of April, 1920, near Pennsylvania Railroad Pier F, Jersey City, N. J., may be sued for by The Barrett Co. in the District Court of the United States for the District of New Jersey, sitting as a court of admiralty, and acting under the rules governing such court; and the snid court shall have jurisdiction to hear and determine such suit and to enter a judgment or decree for the amount of such damages, and costs, if any, as shall be found to be due against the united State in favor of th~ owner of the said coast transit division barge No. 1, or against the owner of the said coast transit barge No. 4, in favor of the United States, upon the same principles and measures of liability as in like cases in admiralty between private parties, and with the same rights of appeal: Prot·ided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of the said court, and it shall be the duty of the Attorney General to cause the Tinited States attorney in such dish·ict to app{'ar and defend for the United States.: Pr01;ided furtiter, TluJ.t said suit shall be brought and commenced within four months of the date of the passage of this act.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, n.n<l pa sed.

STEAMSHIP " TRINIDADIAN "

The Senate, as in Committee of th~ Whole, proceeded to consider the bill ( S. 2077) for the relief of the owne-r of the steamship Trinidadian, which had been reported from the Committee on Claims with an amendment on page 2. line 3, after the word "damages," to strike out the words "inclulling interest," so as to make the bill real! :

Be it enacted, etc., That the claim of the Gulf Refining Co., owner of the steamHbip Trinidadian, against the United States of America for clamages alleged to have been caused by colli ion between said vessel Rnd the United States Coast Guard cutter Vaugllau on tbe 15th day of ~fay, 1920, near B cut, in Tamp:1 Bay, Fla., may be sued for by Raid Gi.llf Refining Co. in the District Court of the United. States for the Eastern District of New Yor·k, sitting as a court of admiralty and acting undP-1' the rules governing such court, and said court shall have. jnrif'tliction to bear and ueterminP such suit and to enter a judgment or decree for the amount of such damage • and costs, if any, a shall lie found to be due against the United States in favor of the owner of

said steamship Trinidadian, or against the owner of said steamship T1·inldadian in favor of the United States, upon the same principles antl measures of liability as in like cases in admiralty between private parties and with the same rights of appeal : Provided, .That such notice of the suit shall be given to the Attorney General of the Gnited States as may be provided by order of the said court, and it shall be the duty of the Attorney General to cause the United States attorney in such district to appear and defend for the United States: Pro ~: idea further, That said suit shall be ,brought and commenced within four months of the date of the passage of this act.

Tbe amendment was agreed to. The bill was reported to the Senate as amended, and the

amendment concurred in. The bill was ordered to be engrossed for a third readingp

read the third time, and passed. B.ARGE " NO. 62 " .

The Senate, as in Committee of the Whole. proceeded to consider the bill ( S. 2080) for the- relief of the owner of the barge No. 62, which had been reported from the Committee- on Claims with an amerrdment on page 2, line 2, after the word "dam· ages," to strike out the words "including intere t," ~o as to make the bill read :

Be it enacted-, etc., That the claim of The Texas Co., owner of thebarge No. 62, against the United States of America for damages alleg('-'1 to have been caused by collision between saitl vessel and the Gnited States Coast Guard cutter Acushnet on or about the 16th day of July, 1920, off Stapleton, Staten Island, N. Y., may be sued for by the said The Texas Co. in the District Court of the United States for the Southern District of New York, sitting a a court of admiral ty and acting under tbe rules governing such court, and said court sha ll have jurii:· diction to hear and determine. such suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shan he found to be due against the United States in favor of the owner of ~aiu barge. No. 62, or against the owner of said barge No. 62 in favor of the United States, upon the. same principles an.d measure-s of liability as in. like cases in admiralty between ptivate parties and with the sam'! rights of appeal : Pro&ided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of the said cow::t, and it shall be the duty of the Attorney General to cause the United States attorney in such district to appear antl defend for the United States: Pro'Vided (UTther, That said suit shall he. brought and commenced within four months of the tlate of the passage. of this act.


amendment was concurred in. The bill was ordered to be engrossed for a third reading, reau

the third time, and passe-d. STEAMSHIP " BRITISH ISLES "

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 2128) for the relief of the owner of the steamship British Isles, which had been reported from the Committee on Claims, with an amendment on page 2, line 3, after the woru "damages," to strike out the words "including interest," so as to make the bill read :

Be it enacted, etc., That the claim of the British Petroleum Co. (Ltd.), owner of the steamship British Isles, against the United States of America, for damages and lo alleged to have been caused by collision between said vessel and the United States steam hip Western Maid on the lOth day of January, 1919, upon the anchorage ground off Stapleton, Staten Island, in the harbor of New York, may be sued for by said British Petroleum Co. (Ltd.) in the District Court of the United States for the Southern Dish·ict of New York, sitting as a court of admiralty, and acting under the rules governing such court; and snid court shall have jurisdiction to hear and determine such suit and to enter a judgment or decree for the amount of such damages and costs, if any, as shall be found to be due against the United States in favor o! the owner of the said steamship Briti.sh Isles or against the owner of said steamship in favor of the nited State~, upon the same principle and mfl.asures of liability as in like cases in admiralty between pri>ate parties, and with the same rights of appeal: Prot:ided, That such notice of the suit shall b~ given to the Attorney General of the United States as may be provided by order of the said court, and it shall be the duty of the Attorney General to cause the United States attorney in such district to appear and defend for the Uniteu States: Pro-.;idea furth~r, That said suit shall be brought and commenced within four months of the date. of the pas age of thls act.


amendment was concurred in. The bill was ordered to be engro~ for a third reading,

read the third time, and passed.

,

2788 CONGRESSIONAL RECORD-SENATE 'JANUARY 31

HAROLD LUND

The bill ( S. 2467) for the relief of Harold Lund was announced as next in order.

Mr. REED of Pennsylvania. I ask that that bill may be recommitted to the Committee on Claims. · The PRESIDENT pro tempore. Without objection the bill is recommitted to the Committee on Claims.

ARTHUR E. COLGATE

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 1615) for the relief of Arthur E. Colgate, administrator of Clinton G. Colgate, deceased. It proposes to pay to Arthur E. Colgate, administrator of Clinton G. Colgate, deceased, $50,000, the amount due him as shown by findings of the Court of Claims in the case of Arthur E. Colgate, administrator of Clinton G. Colgate, deceased, v. The United States, Congressional No. 6063, Senate Document No. 703, Sixty-fourth Congress, second session.


REIMBURSEME:NT OF FIRE INSURANCE COMPANIES

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 36731 to reimburse certain fire insurance companies the amounts paid by ·them for property destroyed by tire in suppressing bubonic plague in the Territory of Hawaii in the years 1899 and 1900. It proposes to appropriate $85,975 to pay to the Royal Insurance Oo., $25,100; the Trans-Atlantic Fire Insurance Co., $9,500; Prussian National Fire Insurance Co., $2,850 ; North German Fire Insurance Co., $8,000 ; Hamburg-Bremen Fire Insurance Co., $10,450; Liverpool and London and Globe Insurance Co., $6,900; New Zealand Insurance Co., $6,025; Fireman's Fund Insurance Co., $9,250; National Fire Insurance Co. of Hartford, Conn., $4,150; Caledonian Insurance Co .. of Edinbur~h. Scotland, $750: North British Mercantile In m·ance Co., $3,000, the aforesaid sums being the amounts paid by each of the said companies on account of insurance against fire on property in the Territory of Hawaii, which property was destroyed by the Government in the suppression of the bubonic plague in said Territory in the years 1899 and 1900.


ESTATE OF HALLER NUTT, DECEASED

The bill ( S. 2603) for the relief of the legal representatives of the estate of Haller Nutt, deceased, was announced as next in order.

1\!r. Sl\IOOT. Let that bill go over. The PRESIDENT pro tempore. The bill will be passed over.

CHARLES 8. COOK

The bill (S. 2720) for the relief of Charles S. Cook was announced as next in order.

The PRESIDENT pro tempore. Being adversely reported, the bill will be indefinitely postponed.

B.ARKENTINE " MONTEREY "

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 3310) for the relief of the owners of the l>arkentine Monterey, which was read, as follows:

Be it enacted, eto., That the claim of the Charles Nelson Co., a corporation, owner of the barkentine Monte-rey, arising out of a collision between said barkentine and the United States steamship Hend erso11 in the Straits of Juan de Fuca on or about July 28, 1923, for and on account of the losses alleged to have been suffered in said collision by the owners of said barkentlne by reason of damages to said barkentine, may be submitted to the United States District Court for the Northern District of California under and in compliance witli the rules of said court sitting as a court of admiralty ; and that the said court shall ha\"e jurisdiction to hear and determine the whole contro'\"ersy and to enter a judgrw:!nt or decree for the amount of the legal damage sustained by reason of said collision, if any shall be found to be due, either for or against the United States of America, upon the same principle and measure of liability with interest and costs as in like cases in admiralty between private parties, with the same right of appeal : Provided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of the said court, an!l it shall be the duty of the Attorney General to cause the United States attorney in such district to appear and defend for the United States : Pro'!;ided further, That said suit shall be brought and commenced within four months of the date of the passage of this act.

The bill was reported to the Senate without amendment, ordered to be engrossed for a thi~d reading, read the third ti!lle, ~nd passed.

LIGHTER "EASTMAN NO. 14"

The Senate, as in Committee of the Whole, proceeded to consider the bill ( S. 79) for the relief of the owner of the lighter Eastman No. 14, which has been reported from the Committee on Claims with an amendment, on page 2, line 4, after the word "damages," to strike out the words "including interest," so as to make the bill read:

Be •t enacted, etc., That the claim of Franklin P. Eastman, owner of the lighter Eastman No. 14, against the United States of America for damages alleged to have been caused by a collision on November 26, 1918, between the said lighter Ea..stman No. 14 and the United States steamship Wakulla, at the Thirty-first Street Pier, Brooklyn, N. Y., while the said steamship lf'akulla was owned by the United States of America and was being operated in its naval transport service, may be sued for by the said Franklin P. Eastman in the District Court of the United States for the Eastern District of New York, sitting as a court of admiralty and acting under the rule~

go>erning such court; and said court shall have jurisdiction to hear and determine such suit and to enter a judgment or decree for the amount of such damages, and costs, if any, as shall be found to be due against the United States in favor of Franklin P. Eastman, or against Franklin P. Eastman in favor of the United States upon the same principles and measures of liablllty as in like cases in admiralty between private parties, and with the same rights of appeal : Pt·ovided, That such notice of the suit shall be given to the Attorney General of the United States as may be provided by order of the said court; and it shall be the duty of the Attorney General to cause the United States attorney in such district to appear and defend for the United States: Pro-vided furtller, That said suit shall be brought and commenced Within four months from the date of the passage of this act.



read the third time, and passed. FURNITURE AND FURXISH_I~~S _FOR THE WHITE HOUSE

The joint resolution (S. J. Res. 163) to accept donations of historical furniture and furnishings of the correct period for use in the White House was considered as in Committee of the Whole.

The joint re olution had been reported from the Committee on the Library with amendments. The first amendment was, in section 1, page 1, line 9, before the word "furniture," to strike out the word "historical"; and in the same line, after the word "furnishings," to strike out the words "of the correct period," so as to make the section read:

That with a view to conset·ving in the White llouse the best specimens of the early American furniture and furnishings, and for the purpose of maintaining the interior of the White House in keeping with its original design the officer in charge of public buildings and grounds is hereby authorized and directed, witlr the approval of the President, to accept donations of furniture and furnishings for use in the White House. All such articles thus donated to become the property of the nited States and to be accounted for as such.

The amendment was agreed to. The next amendment was, in section 2, page 2, line 7, after

the words "National Academy of Design," to strike out "and two members .representing the public at large, the said committee to have full power to collect and pa s on the articles in question and to recommend the same for acceptance" ; and to insert " one member of the American Institute of Architects and five member representing the public at large, the said committee to haye full power to select and pass on the articles in question and to recommend the same for acceptance," so as to make the section read:

SEC. 2. The said offi.cer in c1Iarge of public buildings and grounds is further authorized and directed, with the approval of the President, to appoint a temporary committee composed of one rcpresep.tative of the American Federation of Arts, one representative of the National Commission of Fine Art , one representative of the National Academy of Design, one member of the American Institute of Architects, and five members repre enting the public at large ; the said committee to have full power to select and pass on the articles in que tion and to recommend the same for acceptance.

The amendment was agreed to. The joint resolution was reported to the Senate as amended,

and the amendments were concurred in. The joint resolution was ordered to be engrossed for a third

reading, read the third time, and passed. On motion of Mr. PEPPER the title was amended so as to read :

"Joint resolution to accept donations of furniture and furnishings fo~ use in the White House."

r.l925 OONGRESSION AL RECORD-SEN ATE 2789 MEMORIAL TO DEAD OF AVIATION SERVICE

The Senate, as in Committee of the Whole, proceeded to consider the joint resolution ( S. J. Res. 167) authorizing the erection on public grounds in the city of Washington, D. C.,

.of a memorial to those who died in the Aviation Service of the Army, Navy, and Marine Corps in the World War, which had been reported from the Committee on the Library with an ·amendment, on page 2, line 1, before the name "Bennett," to strike out the initial "M," so as to make the joint resolution read:

Resolved., etc., That the Chief of Engineers, United States Army, after procuring the adrice of the Commission of Fine Arts, be, and he is hereby, authorized and directed to approve a design of a memorial, to select a suitable site therefor on public grounds of the United States in the city of "iVasbington, D. C., other than the Capitol, the Library of Congress, Potomac Park, the White House, and the grounds south of the White House, and to grant permission for its erection, when in his opinion sufficient funds are in band for the purpose, to Mrs. Louid Dennett, the said memorial to be a gift to the people of the United States in memory of her son, Lieut. Louis Bennett, who was shot down in action on August 24, 1918, after destroying two German balloons : Provided, That the site chosen and the design of the memorial shall be approved by the Joint Committee on the Library, and that the said memorial shall be erected under the supervision of the Chief of Engineers, United States Army, without expense to the United States in or by reason of the erection of the said memorial.

SEc. 2. The authority granted by this act shall cease and terminate if the erection of the said memorial shall not have been commenced at the termination of three years after the date of the approval of this act.

The amendment was agreed to. The joint resolution was reported to the Senate as amended

and the amendment was concurred in. The joint resolution was ordered to be engrossed for a third

reading, read the third time, and passed. The title was amended so as to read: "A joint resolution

authorizing the erection on public grounds in the city of Washington, D. C., of a memorial to those who gave their liYes to their counh·y in the Aviation Service of the Army, Navy, and Ma:rine Corps in the World War."

AMERICAN BAR ASSOCIATION

The bill (S. 292) to incorporate the American Bar Association was announced as next in order.

Mr. WALSH of Montana. Mr. President, I did not know . that that bill had been reported from the committee. I understood that it had been recommitted to the Committee on the Judiciary.

The PRESIDENT pro tempore. The Chair is able to state that, while the bill was recommitted to the Judiciary Committee, it has again been reported.

' Mr. WALSH of Montana. Will the Chair advise us when the bill was rereported?

The PRESIDENT pro tempore. The bill was again reported on January 17, by the junior Senator from Missouri [1\lr. SPENCER].

Mr. WALSH of Montana. I am sure that must have been an error. I ask that the bill go over. · The PRESIDENT pro tempore. The bill will be passed over.

FRANK H. W ALKEB AND FRANK E. SMITH

The bill ( S. 3109) for the relief of Frank H. Walker and Frank E. Smith, was announced as next in order.

1 Mr. Sl\100T. I ask that that bill be recommitted to the Committee on Claims.

The PRESIDENT pro tempore. Without objection, the bill will be recommitted to the Committee on Claims.

LANDS AND FUNDS OF THE OSAGE I.:'\DIANS IN OK.LAHO~B.

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. n. 5726) to amend the act of Congress of March 3, 1921, entitled "An act to amend section 3 of the act of Congress of June 28, 1906, entitled 'An act of Congress for the division of the lands and funds of the 0 age Indians in Oklahoma, and for other purposes,'" which had been reported from the Committee on Indian Affairs with amendments.

The first amendment was, page 1, in section 1, line 7, after the word "heir," to insert the words "or devisee"; on page 2, line 16, after the word " age," to insert the words " and abo;ve 18 years of age " ; in line 17, after the word " minors," to insert " and out of the income of minors under 18 years of age, $500 quarterly"; on page 3, line 3, after the word "in,-estments," to strike out "not exceeding 500 a quarter"; . .in line 9, after the word "shall," to insert "in case the Com-

LXVI-177

missioner of Indian Affairs finds that such adults are wasting or squandering said income " ; in line 13, after the word "Agency," to insert, c' Provided, That if an adult member, not having a certificate of competency so desires, his entire income accumulating in the future from the sources herein specified shall be paid to him without supeiTision, unless the Commissioner of Indian Affairs shall find, after notice and hearing, that such member is wasting or squandering his income, in which event the Secretary of the Interior shall pay to such member only the amounts hereinbefore specified to be paid to adult members not having certificates of competency"; in line 22, after the word "invest," to strike out '"or deposit the remainder, after paying all of the taxes of tho e members whose funds are subject to his supervision, as provided by existing law: Provided, That any part of such remainder, including minor's funds, not to exceed $10,000, may be expended for the benefit of such member of the tribe for the specific purpose of purchasing or improving a home, and any additional amount may be expended in the prevention of or cure of any member or minor afflicted with tuberculosis or by any lingering or dangerous disease, when authorized by the Com~ missioner of Indian Affairs and expended under his direction and supervision "; and to insert " the remainder, after paying the taxes of such members, in United States bonds, Oklahoma State bonds, real estate, first mortgage real estate loans not to exceed 50 per cent of the appraised value of such real estate, and where the member is a resident of Oklahoma such investment shall be in loans on Oklahoma real estate, stock in Oklahoma building and loan assaciations, livestock, or deposit the same in banks in Oklahoma, or expend the same for the benefit of such member, such expenditures, investments, and deposits to be made under such restrictions, rules, and regulations as he may prescribe: Provided, That the Secretary of the Interior shall not make any investment for an adult member without first securing the approval of such member of such investment " ; and on page 5, line 1, after the word "application," to insert" or approval," so as to read:

Be it enacted., etc., That the Secretary of the Interior shall cause to be paid at the end of each fiscal quarter to each adult member of the Osage Tribe of Indians in Oklahoma having a certificate of competency, his or her pro rata share, either as a member of the tribe or heii· or devisee of a deceased member, of the interest on trust funds, the bonus received from the sale of oil or gas leases, the royalties therefrom, and any other moneys due such Indian received during each fiscal quarter, including all moneys receiHd prior to the passage of this act and remaining unpaid ; and so long as the accumulated income is sufficient the Secretary of the Interior shall cause to be paid to the adult members of said tribe not having a certificate of competency $1,000 quarterly, except where such adult members have legal guardians, in which case the amounts provided for herein may be paid to the legal guardian or direct to such Indian in the discretion of the Secretary of the Interior, the total amounts of such payments, however, shall not exceed $1,000 quarterly except as hereinafter provided; and shall cause to be paid for the maintenance and education, to either one of the parents or legal guardians actually having personally in charge, enrolled or unenrolled, minor member under 21 years of age and above 18 years of age, $1,000 quarterly out of the income of each of said minors, and out of the income of minors under 18 years of age, $500 quarterly, and so long as the accumulated income of the parent or parents of a minor who has no income or whose income is less than $500 per quarter is sufficient, shall cause to be paid to either of said parents having the care and custody of such minor $500 quarterly, or such proportion thereof as the income of such minor may be less than $500, in addition to the allowances above provided for such parents. Rentals due such adult members from their lands and their minor children's lands and all income from such adults' investments shall be paid t,p them in addition to the allowance above provided. All payments to legal guardians of Osage Indians shall be expended subject to the joint approval in writing of the court and the superintendent of the Osage Agency. All payments to adults not having certificates of competency, including amounts paid for each minor, shall, in case the Commissioner of Indian Affairs finds that such adults are wasting or squandering said income, be subject to the supervision ot the superintendent of the Osage Agency: Prot:ided, That if an adult member, not having a certificate of competency so desires, his entire income accumulating in the future from the sources herein specified shall be paid to him without supervision, unle s the Commissioner of Indian Affairs shall find, after notice and bearing, that such member is wasting or squandering his income, in which event the Secretary of the Interior shall pay to such member only the amounts hereinbefore specified to be paid to adult members not having certificates of competency. The Secretary or the Interior shall invest the remaindet·, aftct· paying the taxes Qf such members, in United States bonds, Oklahoma State bonds, real

;

·gvso rcoNGRESSION AL "RECORD-SEN ATE JANUARY 31

estate, fl.r t mortgage real -estate ·loans not to exceed ISO per cent of the appraised value of such real estate, and where the member is a rC'.sident of Oklalloma such investment shall be in loans on Oklahoma real estate, stock In Oklahoma building and loan associations, livestock, or deposit the samP in banks in Oklahoma, or expend the -same for the benefit of such member, such expenditures, investments, and

·deposits to be made under such restrictions, rules, -and regulations as he may prescribe: Provided, That the Secretary of the Interior shall not make any investment for an adult member without first securing the approval of such member of such investment : Provided further, That at the beginning of each fiscal year there shall first be reserved

-and et aside, out of Osage tribal funds available for that purpose, • a su1ficient amount of money for the expenditures authorized by Con' gress out of Osage funds for that fiscal year. No guardian shall be appointed except on the writ~n appli.cation or approval of the Secretary of the Interior for the estate of a member of the Osage Tribe of Indians who does not have a certificate of competency or who is of one-half or more Indian blood.

The amendment was agreed to. ' "The next amendment was, on page 5, after line 4, to insert:

.All moneys now in the possession or control of legal guardians heretofore paid to th('m through mistake of law and which should have been reserved by the Secretary of the 'Interior under the act of Congress of March 3, 1921, relating to the Osage 'L'ribe of Indians shall be returned by such guardians to the Secretary of the Interior, and all property, bonds, securities, and stock purchased, or inve tments made by such guardians out of said moneys paid them shall be delivered to the Secretary of the Interior by them, to be held by -him or disposed of by him as he shall deem to be for the best interest of the members to whom the same belongs. Such purchases and investments made by legal guardians are hereby declared to be legal when approved by the Secretary of the Interior. The expenditure of _any part of such funds so paid which have been made by uch guardians in accordance with the Jaws of Oklahoma are hereby declared to be legal when approved by the Secretary of the Interior. .Moneys used in investments and expenditures by legal guardians which are not approved by the Secretary of the Interior shall be accounted for by such legal guardians to him under such rUles and regtlln.tions as be may prescribe. All bonds, securities, stocks, and property purchased and other investments made by legal -guardians shall not be subject to ali~nation, sale, disposal, or assignment without the approval of the Secretary of the Interior. .Any indebtedn~s lawfully incurred by guardians may be paid out of the funds of the members for whom such indebtedness was int>Urred by the SeL--retary of the · Interior when approved by him.

~Ir. O"'EN. On page 5, line 16, after the word "legal," I .move. to amend the committee amendment by striking out the words "when approv d by the Secretary of the Interior," a11d in lieu thereof to insert "in accordance ·with the laws of the State of Oklahoma."

The PRESIDE!'>.""T pro tempore. The amendment -proposed by the Senator from Oklahoma to the amendment of the committee will be stated.

The ·READING CLERK. On page · 5, line 16, after the word "legal," it is proposed to strike out the words "when approved by the Secretary of the Interior " and in lieu thereof to insert the words" in accordance with the laws of Oklahoma."

l\lr. HARRELD. Mr. Pre ·ident, will the Senator explain his amendment. It is not a committee -amendment, and I want to know what it is. .

Mr. OWEN. The suggestion which I have made by the amendment relates to the .purchases and investments made by legal guardians which were made in accordance with the laws of the State of Oklahoma. The words " in accordance with the · laws of the State of Oklahoma" are inserted instead of the words "when approved by ·the Secretary of the Interior." As the bill reads it would require the previous acts of such guardians to be subject to the approval of the Secretary of the Interior, when in point of fact it is only proper that they should have been in accordance with the laws of the State of Oklahoma.

Mr. HARRELD. I am not in a position to accept amendments of thnt kind, because I can only uphold the amendments which have been reported by the committee.

l\1r. MOSES. Let the bill go over. Mr. CURTIS. l\Ir. President, let the bill go over if there is

going to be any debate on it. We desire to finish -the calendar if we can this ·evening and I •think the bill should go ovar if there is going to be a debate on it. ·

Mr. OWEN. It is necessary that ·it go over then, for I can not consent tbat the guardians who ~ have made their purcha es and investments in accordance with the laws of .Oklahoma shall then be required to come to the Interior Department after years have elapsed to have their acts approved by some of the clerks of that department. If they have made their disburse-

ments and 'made their putchrtSes ·under the "laws of the State of Oklahoma their actions ought not to be declared illegal by the Congress, and I can not consent to that ·being done.

1\lr. HARRELD. Mr. President, I will say--The PRESIDENT pro tempo-re. The bill will be passed o¥er. Mr. HARRELD. Mr. President, if I may be permitted to.

make a brief statement, I will say thut personally I haYe no objection to what the Senator suggests, but, as chairman of the committee, I am not in a position to agree to the amendmellt.

Mr. OWEN. The mater could be, of course, adjusted in conference afterwards, but I do not want it to go into conference in such form as to commit the Senate against the proposal Which I am making .

The PRESIDENT pro tempore. The bill will be passed oyer. AMENDMENT •OF JUDICIAL CODE

The bill ( S. 3913) to extend tfor an additional period of three years the effective period of the act entitled "An act to amend ·section 51 ·of chapter 4 of the Judicial Code," approved September 19, 1922, was considered as in Committee of the 'Vhole.

The bill was reported from the Committee on the Judiciary with an amendment at the top of page 2, to in e1·t the following new section :

SEc. 2. That the last paragraph of the act entitled "An act to amend section 876 of the ·Revised Stattites," approved Sevtember 19, 1922. is amended to read ag ·follows :

"This amendment shall be effe-ctive for a period of six year~ after September 19, 1922, after which section 876 as it exists in the present law shall be and remain in full foue and effect "

The amendment was agreed to The bill was reported to the Senate as amended, and the

amendment was concurred in. The bill was ordered to be engrossed for a third -rending,

read the third time, and passed. On ·motion·of Mr. SHORTRIDGE, the 'title was amended so a to

read: "A bill to extend for an additional period of three yenrs the effective period of the act entitled 'An act to amend section 51 of chapter 4 of the Judicial Code,' approved Septetnb r 19, 1D22; nnd an act ·entitled 'An act to amend section 876 of th~ Revised Statutes,' approved September 19, 1922."

JUDGES OF DISTRICT COURT OF HAW Ali

The bill (H. R. 6~60) to authorize each of the judges of the United States District Court for the District of Hawaii to hold sessions of said court separately at the same time, was considered a-s in Committee of ·the Whole.

The bill had been reported from the Committee on the Judiciary with an amendment, to strike out nll after the enacting clause and insert :

That subdivision (a) of section 86 of the "Hawaiian organic act, as amended, is amended to read as follows :

" SEC. 86. (a) That there shall be established in the said Territory a district court, to consist of two judges, who shall reside therein and be called district judges, and who shall each receive an annual alary of $7,500. The two judges shall from time to time, either by order or rules of the court, prescribe at what times and 'in what clnflSPS of cases each of them shall preside.

·• The two judges may each bold separately and at the sam<' time a session of the court (whether at the same .or dift'erent termR of court, regular or special) and may preside alone over such seflRion. The said two judges shall have the same powers in all matters coming before the •court; and in case two sessions of the court are held at the same time, the judgments, orders, verdicts, and an proce~:>dings

of a session of the court, held by either of the judges, shall be as effective as if one session only were being held at a time."

The amendment -was o.greetl ·to. The bill was reported to the Senate as amended and the


be read a third time. The bill was read the third 'time and passed.

ACCOUNTS OF DISBURSING OFFICERS

The bill (H. R. 8369) to extend the period in which rrlief may be grunted accountable officer. of the War and • 'nvy Departments, and for ~ther purposes, was announced as next in order.

Mr. JO~S of Washingtoll. I ask that the bill go •o'\"fl.r. Mr. SHORTRIDGE. I ask the Senator to withdraw the

objection. The bill was very carefully considered -by the eom-mittee.

'JUr. JONES of Washington. May I ask the Senator if he thinks that " •four years 'from the passage of this act" a1:e mecessary? The House ma.de ·it "four ·years from the pa "age of the act of April 21, 1922,'' which would make the period run

!192Q ·aONGRESSION AL RECORD-SEN ATE

up to 1926. It would seem as if that would afford sufficient time. If later that should be found not to be the <'ase we could extend the period.

l'\.h·. SHORTRIDGE. It was thought that extending the time would do no harm and might protect the rights of the Government and of it~ citizens.

1\fr. JONES of "~ashington. This bill is for the adjustment of claims between April 6, 1917, and November 18, 1921. It would seem that extending the time up to 1926 would afford ample <Qpportunity to adjust tho e matters. I suggest to the Senator that lle let the bill go through Without that amendment and )et it become a law in that way.

l'\Ir. SHORTRIDGE. I can not consent to that. The amendment has been reported by the committee in the form suggested.

1\lr. JONES of "Tashington. Was the committee unanimous? Mr. SHORTRIDGE. I think so. Mr. JONES of 'Vashington. Very well, I will withdraw the

objection. The PRESIDENT pro tempore. Is there objection to the

present consideration of the bill? Tllere being no objection, the Senate as in Committee of the

Whole, proceeded to consider the bill, which had been reported from the Committee on the Judiciary with an amendment on page 1, at the beginning of line 9, to strike out " the act of April 21, 1922," and insert "this act," so as to make the bill read:

Be it enacted, etc., That the act approved April 21, 1922 (42 Stat. L., p. 497, ch. 136), be, and is hereby, amended to read as follows :

" That the Comptroller Genet·al of the United States be, and llereby is, authorized, through such officers as he may designate, and within four years from the passage of this act: (a) to relieve disbursing officers or special disbursing agents of the War and Navy Departments from accountability or responsibility for losses occurring between April 6, 1917, and November 18, 1921, of funds, or of accounts, papers, records, vouchers, or data pertaining to said funds, for which said officers or agents wet·e accountable or responsible; and (b) to allow credits, in the settlement of accounts of said officers or agents, for payments made in good faith on public account during said period, notwithstanding failure to comply with requirements of existing Ia w or regulations pursuant thereto : Pr01/idecZ, That in cases of los es or payments involving more than $1,000, the Comptroller General shall ~xerclse the authority herein only upon the written recommendation of the Secretary of War or the Secretary of the Nary, which recommendation shall also set forth the facts relative to such loss or payment : PI'Ot,'ided further, That the Comptroller General in all ca es shall certify that the transactions, expenditures, losses, or pa;rments appear to be b·ee from fraud or collusion.


amendment was concur1·ed in. The amendment was ordered to be engrossed and the bill to

be read a third time. The bill was read the third time and passed.

H~TER-BROWN CO.

The bill (S. 1829) for the relief of the Hunter-Bro\:rn Co. was considered as in Committee of the Whole.

The bill was read, as follows : Be it enacted, etc., That the Secretary of the Treasury be, and he

is hereby, authorized and directed to pay, out of any money in the Trea ury not otherwise appropriated, to the Hunter-Brown Co., Chattanooga, Tenn., the snm of $1,198.08 as settlement in full for loss incurred through failure of the War Department to receive 192 cords of wood delivered by the Hunter-Brown Co. at Camp Forest, Ga., under the terms of a contract with the War Department entitled "Quartermaster Corps Contl'ad_," which represents the sum of the amount agreed to be paid for the wood so delivered and expenses incurred by the Hunter-Brown Co. by reason of delayed delivery occasioned by the refusal of the agents of the War Department to receive the shipments of wood and in prosecuting it claim for the payment of the contract price, the War Department having since refu ed to approve or settle such claim.

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

JAMES J. M'ALLISTER

Tlle bill (H. R. 2258) for the relief of James J. McAllister was considered as in Committee of the 'Vlwle.

The bill was read, as follows : Be U enacted, etc., That there is hereby authorized to be appro

priated, out of any money in the Treasury not otherwise appropriated, the sum of $1,000 to compensate James J. McAllister, a Bannock

- / I

1 -

Indian, residing near Boise, Idaho, for water rights lost by him incident to the acquiring by the War Department of a water supply for Fort Boise Barracks, Idaho : Provided, That this sum shall not be paid to the said James J. McAllister until he shall ha\e exe· cuted a release in full satisfaction of all claims against the Government for or by reason of the lo s of said water rights.


FILER M'CLOUD

The bill (H. R. 4610) for the relief of the estate of Filer McCloud was considered as in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, on page 1, line 5, after the word " Me· Cloud," to insert " out of any money in the Treasury not other· wise appropriated," so as to make the bill read:

Be it enacted, etc., That the Secretary of the '.freasury be, and he is hereby, authorized and directed to pay to the administrator of the estate o! Filer McCloud, out of any money in the Treasury not other· wise appropriated, the sum of $2,000 in full compensation for prop· erty on Parris Island, S. C., belonging to such estate, which was de· stroyed by the United States Marine Corps for military reasons.



be read a third time. The bill was read the third time and passed.

PICTON STEAMSHIP CO. (LTD.)

The bilf (H. R. 6660) for the relief of Picton Steamship Co. (Ltd.), owner of the British steamship Picton, was considered as in Committee of the '\""hole.

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

COLUMBUS HOSPITAL, GREAT F.ALIS, MONT.

The bill ( S. 332) authorizing the Secretary of the Treasury to pay the Columbus Hospital, Great Falls, Mont., for the treatment of disabled Government employees was considered as in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, on page 1, line 5, after the words " sum of," to strike out " $608.44" and insert " $397.44," s9 as to make the bill read :

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay out of any money in the Treasury not othet·wise appropriated, the sum of $397.44 to the superintendent of the Columbus Hospital, Great Falls, Mont., for services rendered and medical attendance from March 13 to June 1, 1919, in the cases of Arthur A. Higgins, William A. Niles, and Floyd Kerr, employees of the War Department, at the nitro general ordnance bureau, Nitro, W. Va., said BiJlOunt being due the hospital for the care and tt·eatment of the said employees.


amendment was concurred in. The bill -was or<lered to be engrossed for a thir<l reading,

read the third time, and passed. AMEl\"'DME~T OF PE~ AL CODE

The bill ( S. 3180) to amend section 194 of the Penal Code of the United States was considered as in Committee of the Wllole and was read, as follows :

Be it enacted> etc., That section 194 of the penal laws of the United States be amended so that it shall read as follows:

" SEc. 194. Whoever shall steal, take, or ab tract, or by fraud or deception obtain, from or out of any mail, post office, or station thereof, or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, pacl;:age, bag, or mail, or shall abstract or remo\'e from any such letter, package, bag, or mail, any article or thing contained therein, or shall secrete, embezzle, or destroy any such letter, postal card, package, bag, or mail, or any article or thing contained therein ; or whoever shall steal, take, or abstract, or by fraud or deception obtain any letter, postal card, package, bag, or mail, which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or whoever shall buy, receive, or conceal, or aid in buying, receiving, or concealing, or shall unlawfully have in his posses ion, any letter, postal card, package, bag, or mail, or nny article or thing contained therein, which has been so stolen, taken, embezzled, or ab tracted, as herein described, knowing the same to have been so stolen, taken, embezzled, or abstracted; or whoever shall take any letter, postal card, or package out of any post office or station thereof, or out of any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any_

2792 CONGRESSIONAL RECORD-SENAIT:E JANUAI~Y 31

post office or .Rtation tbereof, or other authorized depository, ,()1' in the custody of any letter or mail carrier, before it has been delivered to the person to wh<>m it was directed, with <l deRign to obstruct the correspondence, or to pry into the buRiness or secrets of another, or . hall open, secret.,, embezzle, or destroy the arne, shall be fined not more than $2,000 or impril;'.oned not more than five years, or both.''

The bill wa reported to the Senate without amendment, ordered to be engros~ed for a third reading, read the third time, and passed.

AMENDMENT OF .n:DICIAL CODE

The bill (H. R. 9162) to amend section L~ of the J udicta.l Code, relating to appeals in admiralty ca es, was considered as in Committee of the Whole.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and pas ed.

PER CAPITA COST OF INDIAN SCHOOLS

The bill ( S. 4014) to amend the act of June 30, 1919, relative to per capita cost of Indian schools, was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the second paragraph of the ad of June 30, 1919, page 6 (41 Stat. L. p. 6), entitled "Per capita cost," be, and the arne is hereby, amended by insert.Wg in the third line thereof the amount "-$270" in lieu of "$225 '' and in the eighth line thereof the amount " $300" in lieu of " $250," so that the sam~> hall read :

"That hereafter, except for pay of superintendents and for transportation of goods and supplies and transportation of pupils, not more than $270 shall be expended from appropriations made in this act, or any other act, for the annual support and education of any one pupil in any In<lian sehool, unless the attendance in .any school shall be less than 200 pupils, in which case the Secretary of the Interior may authorize a per capita expenditure of not to exceed $300!'


LAc"'DS IN CALIFORNIA

The bill ( S. 4015) to authorize the Secretary of the Interior to sell to the city of Los Angeles certain lands in California heretofore purchased by the Government for the relief of homeless Indians was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized in hi discretion to sell and to convey title on behalf of the United States of America, to the city of Los Angeles, certain lands in California heretofore purchased by the Government for the relief of homeless Indians, namely : Lot 55 of the Owens Valley Improvement Co.'s subdivision No. 1, as shown on a map filed l.n l>Ook No. 1, page 41, of the map records of Inyo County, containing approximately 16.61 acres; and the northerly 425 feet of lot 141 of the Owens Valley Improvement Co.'s subdhision No. ~. as shown on a map filed in book No. 1, page 4.2, of the map records of Inyo County, containing appro:timately 13 acres: Provided, Yhat the consideration to be received for the lands shall be determined by the Secretary of the Interior and the amount for which the entire area may be sold shall not be Ie than the total eo t of the lands and of the impro-vement to the Government: Provided further, That the sum of $1,060.75 shall be !W"Tegated from the proc ds of this sale and deposited in the Treasury to the credit of the reimbursable appropriation by the act of May 24, 1922 (42 Stat. L. p. 5GO), for irrigatio.n work on miscellaneous projects in district No. 4: Provided further, That the Secretary of the Interior be, nnd be is hereby, authorized to use the remainder of the proceeds, exclu ive of the sum of $1,060.75 e~pended for irrigation improvements, in purchasing other land in California, with such improvements as may be appurtenant thereto, !or the relief of homeless Indians of that State, and the money when deposited in the Treasury shall be set apart and reserved for that purpose.

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

CLAIMS OF DELAWARE INDIANS

The bill (H. n. 3913) to refer the claims of the Delaware Indians to the Court of Claims, with the right of appeal to the Supreme Court of the United States, was considered as in Committee of the Whole.


OMAHA INDIANS OF NEBRASKA

The bill (H. R. 8965) for the relief of the Omaha Indians of Nebraska 'Was considered as in Committee of the Whole.


AMESDME:YT OF .ABMY .APPROP.RIA.TIO~ ACT OF JULY 9, 1!118

The bill ( S. 1931) amending the Army appropriation act approved July 9, 1918, providing for appointment and retirement of offieers of the Medical Reserve Corps, or contract surg~uns, was announced as .next in order.

Mr. SMOOT. Let that go over. Mr. SHORTRIDGE. Mr. President, this bill I introduced at

the request of those familiar with the subject matter. It was referred to the Committee on Military Affairs and, I happen to know, was very carefully considered by the Senator from Indiana [Mr. RALSTON], who reports it favorably from the committee. Tlle printed report accompanying the bill as amended contains a letter from the Secretary of War, addre sed to the Senator from New York, which explains the measure. In a word, those entirely familiar with the subject matter of the bill agree ; and I quite earnestly ask that the matter may be disposed of to-day.

Mr. SMOOT. I ask that it go over for the day. Mr. SHORTRIDGE. Does the Senator wish any informa

tion in regard to it, or does he simply object? Mr. SMOOT. I object, Mr. President. The PRESIDENT pro -tempore. The bill will be passe<l over.

WARRANT OFFICERS OF ARMY MINE PLANTER SERVICE

The bill (S. 3977) to authorize the Secretary of War to reappoint and immediately discharge or retire certain warrant officers of the Army Mine Planter Service was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Sect·etary of War Is hereby authorized and directed to reappoint and immed1ately discharge or retire, as hereinafter directed, all wart:ant officers, Army Mine Planter &>rvice, discharged from such service pursuant to the act entitled "An act making appropriations for the .military and nonmilitary activiUes of the War Department for the fiscal year ending June 30, 1923, and for other purposes," approved .June 30, 1922: Provided, That wa:t:rant officers of the Army Mine Planter Service of less tba.n 10 ·years' service be discharged with payment of one year's pay or those of more tha.n 10 years' a.nd less than .20 years' service be placed on the unUmited retired list with pay at the rate of 2¥.! per cent of their active pay, multiplied by the number of corpplete years of such service or those of more than 20 years' service be placed on the unlimited retired list with pay at the rate of 3 per cent of their. active pay, multiplied by the number of complete years of such service, .not e:~:ceeding 7G per cent of their active pay: Provided turtller, That in computing length of service for retinment and in computing longevity pay under the provision of this act servlce on boats in the service of the Quartermaster Department as well as service in the Regular Army shall be counted: And provided fttrther, That this act sball not apply to any discharged warrant officer, Army Mine Planter Service, who bas been reappointed a warra.nt officer, Army Mine Planter Service.


REDUCTION OF RATE OF INTEREST ON NOTES ISSUED UNDER THE TRANSPORTATION ACT, 1920

The hill ( S. 3772) to authorize the reduction of and to fix the rate of interest to be paid by carriers upon notes or other evidences of indebtedness heretofore issued under the provisions of section 207 of the transportation act, 1920, or ·ection 210 of said act, as amenrled by an act approved June 5, 1D20, was considered as in Committee of the Whole.

'l'he bill had been :reported from the Committee on Interstate Commerce with an amendment to strike out all after the enacting clause and to insert:

Be it enacted, etc., That if the Interstate Commerce Commi.. ion, upon application of any carrier indebted to the United States after hearing a.nd investigation upon public notice, actual or constructive, as it may direct, finds that it is necessary that the rate of i.nterest payable upon notes or other evidences of indebtedness heretofore i8sued by a carrier under the provisions of section Wi of the tra.n portntion a t, 1920, or section 210 of said act as amended by an act approved June 5, 1920, held by the United States (whether sueh notes or other evidences of indebtedness are payable to the United States, to the Director General .of Railroads, or to the Secretary of the Treasury), should be reduced in order to enable any such carrier to carry out .any refunding or other financial operation to prevent the impairment of uch sf'nice that would be caused by the appointment of a receiver to take po:;session of and manage its property, thereupon the said commi slon shall certify to the Secretary of the Treasury its finding of such neces!'lity. Upon the receipt of any such certificate the Secretary of the Treasury shall ascertain the average price paid, for money by the United States dur4!g the last preceding year, and lli~reafter the rate of intere t to be

'

192Q CONGRESSIONAL RECOltD-· SENATE 2793 paid by any such carrier in who e behalf sueh certificate has been so filed with the Secretary shall be one--fourth oi 1 per cent above the average price so ascertained: Provided, hcr~DtJver, That in no event shall the rate of interest be less than 4% per cent per annum, and the payment of the interest at the time atated in such notes or other evidences of indebtedness at the rate so established shall be in full payment and discharge of the interest stated in such notes or other evidences of indebtedness accruing after such certificate is filed with the Secretary of the Treasury.

The amendment was agreed to. Mr. SHIPSTEAD. Mr. President, it seems to me that bill

should go over. The PRESIDING OFFICER ... (Mr. McNARY in the chair).

Does the Senator ask that the bill be passed over? Mr·. SHIPSTEAD. I do. Mr. WATSON. Mr. President, may I ask the Senator, on

account of the very great importance of the bill, to permit it to be considered if it does not lead to long debate? It is unanimously reported from the Committee on Interstate Commerce after very earnest and VNY careful consideration and after the appearance before the committee of the presidents of the railroads involved, and also the Secretary of the Treasury. It involves no loss of revenue whatever to the Government. It simply prorides that the money that is now owing by the railroads to the Goternment shall be provided by the Government at what it costs the Government to get the money, plus a small increment.

Mr. SHIPSTEAD. Mr. President, it strikes me that this bill involves a change of the policy of the Government and ought to be discussed briefly.

The PRESIDING OFFICER. Does the Senator object to the immediate con ideration of the bill?

Mr. SIDPSTEAD. i[ do. The PRESIDING OFFICER. The bill will be passed over.

lULL PASSED OVER

The bill (S. 3682) for the relief of M. Ba.rde & Sons (In~.), Portland, Oreg., wa announced as next in order..

1\Ir. JO:J\TES of Washington. I am very sorry, but I shall have to ask that that bill go over.

The PRESIDING OFFICER. The bill will be passed over. PUB CHASE OF UN APPBOPBIATED PUBLIC LA!\'"DS

The bill (H. R. 85.22) granting to eertain claimants the preference right to purchase unappropriated public lands was considered as in Committee of the Whole.

The bill had been ,reparted from the Committee on Public Lands and Surveys with amendments., on page 1, Une 10, after the word " That," to in ert " any owner in good faith of land shown by the official public land surveys to be bounded in whole or in part by such erroneously meandered area and who acquired title to such land prior to this enactment" ; on page 2, line 17, after the word" claimant," to insert" under the public land laws"; on the same page, after line 18, to insert:

SEC. B. In event such erron.eouf!ly meander~d land is bounded by two or more tracts of land held in private ownership with apparent riparian rights indicamd by the o1Dcial township plat of survey at date of disposal .of title by the united States, the Commissioner of the General Land 011iee shall have .discretionary power to cause such meandered area, when surveyed, to be divided into such tracts or lots as will permit a fair division of sueh meandered area among the owners of such surrounding or adjacent tracts under the provisions of this act. In administering the provisions cd this act, where there shall exist a conflict o! claims falling within its operation, if any claimant shall have placed valuable improvements upon tbe land in~ volved, or shall have reduced the same to cultivation, then to the extent of such improvements or cultivation such claimant shall be glvcn preference in adjustment of such C()ntlict: ProvUJea, That no preference right of entry under this act 'Shall be recognized for a greater area than 160 acres, in one body. to any one applicant, whether an individual, an association, or a corporation.

On page 3, line lA, to change the number of the section from " 3 " to " 4 " ; on page 4, line 1, to change the number of the section from " 4 " to " 5 " ; and on page 4, line 14, to change the number of the section from " 5 " to "6."

So as to make the bill read : Be it enacted, etc., That fbe Secretary of the Interior, 1n his judg

ment and discretion, is hereby authorized to sell, in the manner herein· after provided, any of those lands situated 1n the State of Wisconsin which were originally erroneously meandered and shown upon the official plats as water-covered areas, and which are not lawfully appropriated by a qualified settler or entryman claiming under the public ~and laws.

SEC. 2. That any owner in g<>od faith of land shown by the official public land surveys to be bounded in whole or in part by such errone· ously meandered area, and who acquired title to such land prior to this enactment, or any citizen of the United States who in good faith under color of title or claiming as a riparian owner has, prior to this act, placed valuable improvements upon or reduced to cultivation any of the lands subject to the operation of this act, shall have a preferred right to file in the office of the register and receiver of the United States land office of the district in which the lands are situ~ ated an application to purchase the lands thus improyed by them at any time within 90 days from the date of the passage of this act i! the lands have been surveyed and plats filed in the United States land office; otherwise within 90 days from the filing of such plats. Every such application must be accompanied with satisfactory proof that the applicant is entitled to such preference right and that the lands which he applies to purchase are not in the legal possession of an adverse claimant under the public land laws.

SEC. 3. In event such erroneously meandered land is bounded by two or more tracts of land held in private ownership with apparent riparian rlghtt:~ Indicated by the official township plat of sul'Vey at date of disposal of title by the United States, the Commlssio~er of the General Land Office shall have discretionary power to cause such meandered area, when surveyed, to be divided into such tracts or lots as wiU permit a fair division of such meandered area among the owners of such surrounding or adjacent tracts under the provisions of this act. In administering the provisions of this act, where there shall exist a conflict of claims falling within its operation, i! any claimant shall have placed valuable improvements upon the land involved, or shall have reduced the same to cultivation, then to the extent -of such improvements or cultivation such claimant shall be given preference in adjustment of such conflict: Provided, That no preference right of entry under this act shall be recognized for a greater area than 160 acres, in one body, to any one applicant, whether an individual, an association, or a corporation.

SEc. 4. That upon the filing of an application to purchase ~ny lands subject to the operation of this act, together with the required proof, the Secret::try of the Interior shall cause the lands described in said application to be appraised, said appraisal to be on the basis of the value of such lands at the date of appraisal, exclusive of any increased 'Value resulting from the development or improvement thereof for agricultural purposes by the applicant or his predecessor in interest, but inclusive of the stumpage value of any timber cut or removed by the applicant or his predecessor in interest.

SEC. 5. That an applicant who applies to purchase lands under the provisions of this act, in order to be entitled to receive a patent, must within 30 daYB trom reee:ipt of Mtice of appraisal by the Secr-etary of the Interior pay to the receiver of the United States land office ot the district in which the lands are situated the appraisal 1>rice of the lands, and thereupon a patent shall issue to said applicant for such lands as the SecPetary of the Interior shall determine that such applicant 1s entitled to purchase under this act. The proceeds derived lby the Government from the sale of lands hereunder shall be covered into the United States Treasury and applied as provided by law for the disposal of tbe proeeeds from the sale of public lands.

SEc. 6. That the Seeretary of the Interior is hereby authorized to prescribe all necessary rules and regulations for administering the provisions of this act and determining conflicting claims arising hereunder.




WALTER REED GENERAL HOSPITAL, DISTRICT OF COLUMBIA

The bill ( S. 3818) authorizing the construction of additional facilities at Walter Reed Genet·al Hospital, in the District of Columbia, was considered as in Committee of the Whole and was read, as follows :

Be it enacted, etc., That in order to continue the construction <>f additional facilities at Walter Reed General Hospital. in the District of Columbia, there is hereby authorized to be appropriated a sum (1f

not exceeding $2,000,000, to be expended by the Secretary of War, for the construction of the following improvements and buildings, Including roads leading thereto, necessary furniture, equipment, and accessories: (a) C(}mpleting two wings to the main hospital building, containing wards; (b) a rear addition to the main hospital building, containing dining rooms, kitchens, wards, and a library; (c) a labora~ tory and mO'rgue building, and tuberculosis, observation, infectiomt disease, and semi-isolation wards.



BILL PASSED OVER

Tbe bill (S. 3400) for the purchase of the tract of land adjoining the militia target range at Auburn, l\Ie., was announced as next in order.

l\Ir. MOSES. :M.r. President, may I ask if there is any member of the Military Affairs Committee present? Is not this the bill the pro\'i:::dons of which were carried in an amendment to the War Department appropriation bill, which was passed the other day?

l\Ir. CURTIS. Let it go over, l\Ir. President. The PRESIDING OFFICER. The bill "Will be ~assed over,

under objection. BATTLE FIELDS OF THE SIEGE OF PETERSBURG, VA.

The bill (II. R. 3669) to 11rovide for the inspection of the battle fields of the siege of Peter;-burg, "Va., was considered as in Committee of the Whole.

The bill bad been reported from the Committee on Military Affairs with an amendment, on page 2, line 12, after the words "December 1," to strike out "1924" and insert "1925," so as to make tbe bill read :

Be it enacted, etc., That a commission i<> hereby created, to be composed of the following members, who shall be appointed by the Secretary of War:

(1) A commissioned officer of the Corps of Engineers, United States Army;

(2) A veteran of the Civil War, who served honorably in the military forces of the United States; and

(3) A ' veteran of the Civil War, who served honorably in the military forces of the Confederate States of America.

SEc. 2. In appointing the members of the commission created by section 1 of this act the Secretary of War shall, as far as practicable, select persons familiar with the terrain of the battle fields of the siege of Petersburg, Va., and the historical events associated therewith.

Slilc. 3. It shall be the duty of the commission, acting under the direction of the Secretary of War, to. inspect the battle fields of the siege of l'etersburg, Va., in order to ascertain the feasibility of preserving and marking for historical and professional military study such fields. The commission shall submit a report of its findings to the Secretary of War not later than December 1, 1925.

SEc. 4. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropt·iated, the sum of $3,000 in order to carry out the provisions of this act.



be read a third time. The bill was read the third time and pas ed.

REGAL'GE OF DISTILLED SPIRITS IN BOl\~ED WAREHOUSES

The bill (H. R. 9138) to authorize the discontinuance of the seven-year regauge of distilled spirits in bonded warehouses, and for other purposes, was considered as in Committee of the Whole.


ISAAC J. REESE

The bill (II. R. 2958) for the relief of Isaac J. Reese was considered as in Committee of the Whole.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. MAJ. HARRY WALTER STEPHENSON, UNITED STATES ARMY (RETIRED}

The bill ( S. 1534) authorizing the President to reappoint Maj. Harry Walter Stephenson. United States Army (retired), to the position and rank of major, Coast Artillery Corps, in the United States Army was announced as next in order.

The PRESIDING OFFICER. This bill is reported adT"er -·ely.

:Mr. OVERl\IA.N. I move that it be indefinitely postponed. Tbe PRESIDING OFFICER. Without objection, the bill

will be indefinitely po tponed. CO:UMISSIO~S OF COURT OF CLAIMS

The bill ( S. 3793) to authorize the appointment of commissioners by the Court of Claims and to prescribe their powers and compensation was considered as in Committee of the Whole.

The bill had been reported from the Committee on the Jullic·iary with amendments.

Tlle first amendment was, in section 1, page 1, line 5, after the word " appoint," to strike out "ten" and insert "seven," so as to make the section read:

Be it e-nacted, etc., That to afford the Court of Claims needed facilities for the disposition of suits brought therein said court is hereby authorized and empowered to appoint seven competent persons, to be h.'nown as commissioners, who shall attend the taking of or take evidence iri caRes that may be assigned to them severally by the court and make report of the facts in the case to the court. Any commissioner shall proceed under such rules and regulations as may be promulgated by the court and such orders as the court may make in the particular case, and may have and perform the general duties that pertain to special masters in suits in equity. He may fix the times for bearings, administer oaths, examine witnesses, and receive evidence. Parties to the suit may appear before the commis loner in person or by attorney, produce evidence, and examine witnesses Subprenas for witnesses or for the' production of testimony before th~ commissioner may issue out of the court by the clerk thereof and shall be served by a United States marshal in any judicial district to whom they are directed. The rules of the court shall provide for a. finding and report of facts by a commissioner, to be :filed in court with the testimony upon which the same is based, and for exceptions thereto, in whole or in part, by the parties to the suit, and a hearing thereon within such reasonable time as the court's rules or order may prescribe. Nothing in this section shall be so construed as to prevent the court from passing upon all questions and findings with· out regard to whether exceptions were or were not taken at the hearings before the commissioner. Any person appointed as comlllissioner may be removed at the pleasure of the court.


the word "shall," to insert" devote all of his time to the duties of his office, and," so as to read:

SEc. 2. Each <lf said commissioners shall devote all of his time to the duties of his office, and receive a salary of $5,000 per annum, payable monthly out of the Treasury.


the words " commissioners and," to strike out " $4" and insert "$5," so as to make the remainder of section 2 read:

The commissioners and stenographers authorized by the court shall also receive their necessary traveling expenses and their actual expenses incurrf:d for subsistence while traveling <ln duty and awny from Washington in an amount not to exceed $7 per day In the case of commissioners and $5 per day in the case of stenographers. The expenses of travel and subsistence herein authorized shall be paid upon the order of the court.

Mr. SMOOT. Mr. President, I want to appeal to the Senator from Iowa to let that stand at $4. In all of the other departments it is $4, and if we undertake to make that change in this particular item it will be unfair to all of the other departments. I will say to the Senator that $4 has been the rule heretofore, and that is the rate that was in the bill as it was introduced.

1\fr. CUMMINS. Mr. President, I know that what the Senator from Utah says is true; but the cost of living has increased very greatly since most of these statutes were passed.

Mr. SMOOT. It used to be $3, and then we increased it to $4.

Mr CUMMINS. However, I am willing that the amendment shall be rejected.

The PRESIDING OFFICER. The question is on agreeing to the amendment.

The amendment was rejected. The next amendment was, on page 3, after line 7, to insert

a new section, as follows : SEC. 3. This act and all appointments made thereunder shall cease

and determine three years after the date of its approval by tne President.

The amendment was agreed to. The bill was reported to tbe Senate as amended, and tbc

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

read the third time, and pa. sed. CHIPPEWA I~DIANS OF MINNESOTA

The bill (H. R. 9343) authorizing tbe adjudication of claims of the Chippewa Indians of l\linnesota was considered as iu Committee of the Whole.

The bill bad been reported from the Committee on Indian Affairs with an amendment, to strike out all after the enacting clause and to insert:

That all claims of whatsoever nature which the Chippewa Indians of Minnesota may have against the United States, which have not hereto· fore been determined by a court of competent jurisdiction, may be submitted to the Court of Claims for determination of the amount, if any,

•

1925 CONGRESSIONAL RECORD-SENATE 2795 due or elaimed to be due said Indians from the United States under any treaty or agreement or la-w of Congresi!, or for the misappropriation of any of the property or funds of said Indians, or for the failure of the United States to administer the same in conformity with any treaty or agreement with the said Indians: Provided, That if in any claim submitted hereunder a treaty or an agreement with the Indians be involved, and it be shown that the same has been amended or superseded by an act or acts of Congress, the court shall have authority to determine whether such act or acts have violated any property rights of thP. claimn.nts ; and if so, to render judgment for the damages resulting therefrom ; and jurisdiction is hereby conferred upon said Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, to hear and determine all legal and equitable claims of whatsoever nature which said Indians may have against the United States; it being the Intent of this act to allow the said Court of Claims full and complete authority to adjust and determine all claims submitted hereunMr so that the rights, legal and equitable, both of the United States and of said Indians may be fully considered antl determined, and to render judgment thereon accordingly.

SEC. 2. That lf any claim or claims be submitted to said court 1t shall determine the rights of the parties thereto, notwithstanding lapse of time or statutes of limitation, and any payment which may have been lawfully made by the United States upon any claim so submitted 11hall not be pleaded as an estoppel, but may be pleaded as a set-off in any suit; and the United States shall be allowed credit subsequent to the date of aily law, treaty, or agreement under which the claim arises for any sum or sums heretofore paid or expended for the benefit of said Indians, if legally chargeable against that claim. The claim or claims of the Chippewa Indians of Minnesota shall be presented by petition, subject, however, to amendment at any time, suit or. suits to be filed within three years after the approval of this act ; and such suit shall make the Chippewa Indians of Minnesota party plaintiff and the United States party defendant. Such petition shall set forth the facts on which the claims for recovery are based and shall be verified by the attorney or attorneys employed as herein authorized, and no other verification shall be necessary. Letters, papers, documents, and public records, or certified copies thereof, bearing upon the claims presented may be used in evidence, and the departments of the Government shall give the attorney or attorneys of said Indians access to any such letters, papers, documents, or public records and shall furnish certified copies of any such letters, papers, documents, or public records as may be deemed material.

SEc. 3. That :If it be determined by the court that the United States, in violation of the terms and provisions of any law, treaty, or agreement, has unlawfully appropriated or disposed of any money or other property belonging to the Indians, damages therefor shall be conftned to the value of the money or other property at the time of such appropriation or disposal, together with interest thereon at 5 per cent per annum from the date thereof; and with reference to all claims which may be the subject matter of the suits herein authorized, the decree of the court shall be in full settlement of all damages, if any, committed by the Government of the United States and shall annul and cancel all claim, right, and title of the said Chippewa Indians in and to such money or other property.

Smc. 4. That if in any snit by all the Chippewas of Minnesota against the United States it appears to the court that any bands or parts of bands of said Indians are, or claim to be, the exclusive legal or equitable owners, or are entitled to, or claim, a legal or equitable interest greater than an equal distributive share with all the Chippewa Indians of Minnesota, in the proceeds of any judgment or decree that may be entered or passed in settlement of any claims submitted hereunder, the court may permit, or of its own motion compel said bands or parts <Jf bands to be made parties to any such snit, so that their rights may be fully and finally determined : Provided_, houuwer, That nothing herein contained shall be &onstrued as conferring jurlsdiction on the court to entertain and hear <:omplaints or claims of a purely individual nature. In the event that any bands or parts of bands of said Indians are made parties to any suit herein authorized, the Secretary of the Interior shall ascertain, in such manner as he may deem best, the attorney desired by a majority of said Indians and shall permit the employment of an attorney under contract to repre ent them as provided by existing law, the compensation to be paid said attorney to be fixed by the Secretary of the Interior, and paid out of any money that may be adjudged or decreed to be due said bands or parts of bands of said Indians.

SEc. 5. Authority is hereby given for the employment of not to exceed two attorneys or firms of attorneys to represent the Chippewa Indians of Minnesota in the prosecution of any such suit. Under the direction of the Secretary of the Interior the Indians belonging on the White Earth Reservation are authorized to select a committee consisting of five of their members, and all the other Chippewa Indians in Minnesota are authorized to select a like committee from their members. Each committee, so selected, is authorized to designate an attorney or firm of attorneys and to execute a tribal contract with such attorney or firm of attomeys in accordance with existing law.

BEe. 6. That the two attorneys or firms of attorneys authorized to be employed under section 5 shall each receive during their employment compensation at the rate of $6,000 per annum, payable in monthly installments as the same become due, and the Secretary of the Treasury is hereby authorized and directed to pay said amounts or installments out of the trust funds standing to the credit of sal<! Indians in tbe Treasury of the United States, and upon the final determination of said suit the Court of Claims may separately allow said attorneys, or firms of attorneys, such additional compensation as it may deem just and proper considering the nature, extent, character, and value of all services rendered, bot in no event shall said additional allowance for the two attorneys or firms of attorneys. including the salaries paid said attorneys or firms of attorneys, be In excess of 5 per cent of the total amount recovered : Provided, That any additional compensation allowed by said court shall be paid by the Secretary of the Treasury as herein authorized from the trust funds of said Indians standing to their credit ln the Treasury of the United States.

SEc. 7. All actual and necessary expenses incurred in the prosecution of said snit by the attorney or attorneys so employed to represent the Chippewa Indians of Minnesota shall be paid by the Secretary of the Treasury as herein authorized as they arise out of the funds stand· ing to the credit of said Indians in the Treasury of the United States upon first beini allowed by said court and certified to the Secretary of the Interior.

SEC. 8. Should either of the Indian committees referred to in section 5 hereof be unable or unwilling within six months from the approval of this act to designate an attorney or firm of attorneys, the Commis· sioner of Indian Aft'airs and the Secretary of the Interior, on behalf of the Indians, are hereby authorized and directed to execute a con· tract with such attorney or firm of attorneys under such terms and conditions as they J;Uay deem advisable. ·

SEC. 9. The proceeds of all amounts, if any, recovered for said Indians shall be deposited in the Treasury of the United StatPs to the credit of the Indians decreed by said court to be entitled thereto, and shall draw interest at the rate of 5 per . cent per annum from the date of the judgment or decree. The costs incurred in any suit hereunder shall be taxed against the losing party; if against the United States such costs shall be included in the amount-of the judgment or decree, and if against said Indians shall be paid by the Secretary of the Treasury out of the funds standing to their credit ln the Treasury of the United States.



be read a third time. · The bill was read the third time, and passed. The title was amended so as to read: "An act authorizing the

Chippewa Indians of Minnesota to submit claims to the Court· of Claims.u

BILLS PASSED OVER

The bill ( S. 3314) granting pensions and increase of pensions to certain soldiers and sailors of the Civil and Mexican Wars and to certain widows, former widows, minor children, and helpless children of said soldiers and sailors, and to widows of the War of 1812, and to certain Indian war veterans and widows, and to certain Spanish war soldiers and widows, and certain maimed soldiers, and for other purposes, was announced as next in order.

Mr. D I.AL. Let that go over. The PRESIDENT pro tempore. The bill will be passed over. The bill (H. R. 11354) granting pensions and increase -of

pensions to certain soldiers and sailors of the Civil War and certain widows and dependent children of soldiers and sailors of said war was announced as next in order.

Mr. DIAL. Let that go over. The PRESIDENT pro tempore. The bill will be passed over~ The bill (S. 3017) to establish a board of public welfare in

and for the District of Columbia, to determine its functions, and for other purp<Y'es, was announced as next in order.

Mr. HEFLIN. Let that go over. The PRESIDENT pro tempore. The bill wtll be passed over. The bill (H. R. 3933) for the purchase of the Cape Cod Canal,

and for other purposes, was announced as next in order. Mr. JO.r-..TES of Washington and Mr. JONES of New Mexico.

Let that go over. The PRESIDENT pro tempore. The bill will be passed over.

COMMITTEE ON I~AUGUBAL CEREMONIES

The joint resolution (S. J. Res. 174} authorizing the granting of permits to the Committee on Inaugural Ceremonies on the occasion of the inauguration of the President-elect in March,

2796 CONGRESSIONAL RECOR.D-SENATE JANUARY 31\ 1925, etc., was considered as in Committee of the Whole and was read, as follows:

Resolved, eto., That the Secretary of War is hereby authorized to gt·ant permits, under such restrictions as he may deem necessary, to the Committee on Inaugural Ceremonies for the us'e of any reserva· tions or other public paces in the city of Washington under biB control on the occasion of the inaugurll;tion of the President elect in March, 1925: Provided, That in his opinion no serious or permanent injuries will be thereby inflicted upon such reservations or public spaces or statuary thereon; and the Commissioners of the District of Columbia may designate for such and other purposes on the occasion aforesahl such streets, avenues, and sidewalks in said city of Washington under their control as they may deem proper and necessary : Provided hoto· evm·, That all stands or p1atforms that may be erected on the public spaces afore aid, including such as may be erected in connection with the display of fireworks, shall be under the supervision of the said inaugural committee and in accordance with the plans and designs to be approved by the Engineer Commissioner of the District of Columbia, the officer in charge of public buildings and grounds, and the Architect of the United States Capitol: And provided fu.·rtller, That the reservations or public spaces occupied by the stands or other structures shall after the inauguraiion be promptly restored to their condition before such occupation, and that the inaugural committee shall indemnify the War Department for any damage of any kind whatsoever upon such rese.nations or spaces by reason of such use.

HEC. 2. The Commissioners of the District of Columbia are hereby authorized to permit the committee on illumination of the inaugural committee for said inaugural ceremonies to stretch suitable overhead conductors, with sufficient supports wherever necessary, for the purpose of connecting with the present supply of light for the purpose CJf effecting the said illumination : Provided, That if it shall be nece sary to erect wires for illuminating or other purposes over any park or reservation in the District of Columbia the work of erection and removal of said wires shall be under the supervision of the official in charge of said park or reservation: Provided further, That the said con· ductors shall not be used for conveying electrical current after March 8, 1925, and shall, with their supports, be fully and entirely removed from the streets and avenues of the said city of Washington on or before March 15, 1925 : And prot:iaea further, That the stretching and removing of the said wires shall be under the supervision of the Commissioners of the District of Columbia, who shall see that the provisions of this resolution are enforced, that all needful precautions are taken for the protection of the public, and that the pavement of any street, avenue, or alley disturbed is replaced in as good condition as before entering upon the work herein authorized: And provided, (1n·ther, That no expe:dsl' or damage on account of or due to the stretching, operation, or removal of the said temporary overhead conductors shall be incurret.I by the United States or the District of Columbia.

SEc. 3. The Secretary of War and the Secretary of the Navy be, and they are hereby, authorized to loan to the Committee on Inaugural Ceremonies such ensigns, flags, and sign!ll numbers, and so forth, belonging to the Government of the United States (except battle flags) that are not now in use and may be suitable and proper for decoration, and which may, in their judgment, be spared without detriment to the public service, such fiags to be used in connection with said ceremonies by sait.l committee under such regulations and restrictions as may be prescribed by the said Secretaries, or either of them, in deco4

rating the fronts of public buildings and other places on the line of march between the Capitol and the Executive Mansion and the interior of the reception hall: Prot:ided, That the loan of the said ensigns, Oags, signal numbers, and so forth, to said committee shall not take place prior to the 24th day of February, and they shall be returned by the lOth day of March, 1925: Provided (ttrllter, That the said committee shall indemnify the said departments, or either of them, for any loss or damage to such fiags not necessarily incident to such use. That the Secretary of War is hereby authorized to loan to the inaugural committee for the purpose of caring for the sick, injured, and infirm on the occasion of said inauguration, such hospital tents and camp appliances, and other necessaries, hospital furniture and utensi1s of all descriptions, ambulances, horses, drivers, stretchers, and Red Cross Oags and poles belonging to the Government of the United States as in his judgment may be spared and are not in use by · the Government at the time of the inauguration: And pro1:ided further, That the inaugural committee shall indemnify the War Department for any loss or damage to such hospital tents and appliances, as aforesaid, not necessarily incident to such use. ·

SEC. 4. The Commissioners of the District of Columbia be, and they are hereby, authorized to permit the Western Union Telegraph Co. and the Postal Telegraph Co. to extend overhead wires to such points along the line of parade as shall be deemed by the chief marshal convenient for use in connection with the parade and other inaugural purposes, the said wires to be taken down within 10 days after the conclusion of the ceremonies.

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

.A.MEI\l>:MENT OF THE JUDICIAL CODE

The bill ·(H. R. 64) to amend section 101 of the Judicial Code as amended, was considered as in Committee of the Whole.

The bill bad been reported from the Committee on the Judiciary with an amendment to sh·ike out all after the enact~ ing clause and to insert:

That section 101 of the act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved March 3, 1911, be, and it hereby is, amended to read as follows:

" SEC. 101. The State of Oklahoma is divided into three judicial dis4

tricts, to be known as the northern, the eastern, and the western dis· tricts of Oklahoma. The territory embraced on January 1, 1!>25, in the counties of Craig, Creek, Delaware, Hughes, Mayes, Nowata, Ok.4

fuskee, Okmulgee, Osage, Ottawa, Pawnee, Rogers, Seminole, 'l'ulsa, and Washington, as they existed on said date, shall constitute the northern district of Oklahoma. Terms of the United States District Court for the northern district of Oklahoma shall be held at Tulsa on the first Monday in January, at Vinita on the first Monday in March, at Okmulgee on the first Monday in April, at Pawhuska on the first llon4

day in May, and at Bartles"\"'ille on the first Monday in June in eacll year: Prodded, That suitable rooms and accommodations for holding court at Okmulgee, Pawhuska, and Bartlesville are furnished free of expense to the United States. The eastern district of Oklahoma shall include .the territory embraced on the 1st day of January, 1!>25, in the counties of Adair, Atoka, Bryan, Cherokee, Choctaw, Coal, Cartl'r, Garvin, Grady, Haskell, Johnston, Jefferson, Latimer, Le Flore, Love, McClain, Muskogee, Mcintosh, McCurtain, Murray, Marshal1, Pitts~

burg, Pushmataha, Pontotoc, Stephens, Sequoyah, anll Wagoner. Terms of the district court for the eastern district shall be held at Muskogee on the first Monday in January, at Hugo on the second Monday in May, at South McAlester on the first Monday in June, at Ardmore on the first Monday in October, at Chickasha on the fu·st Monday in November, at Poteau on the first Monday in December in each year, and annually at Pauls Valley at such times as may be fixed by the judge of the eastern district: Provided, That suitable rooms and accommodations for holding said court at Ilugo, Poteau, and Pauls Valley are furnished free of expense to the United States. The western district of Oklahoma shall include the territory embraced on the 1st day of January, 1925, on the counties ot Alfalfa, Beaver, Beck· ham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Grant, Greer, Ilarmon, Ilarper, Jackson, Kay, K"lngfisher, Kiowa, Lincoln, Logan, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Texas, Tillman, Washita, Woods, and Woodward. The terms of the district court for the western dis· trict shall be held at Guthrie on the first Monday in January, at Okla4

homa City on the first Monday in March, at Enid on the first Monday in June, at Lawton, on the first Monday in September, and at Wood 4

ward on the first Monday in November in each year: Provide(l, That suitable rooms and accommodations for holding court at Woodward are furnished free of expense to the United States. The clerk of the district court for the northern district shall keep his office at Tulso, the clerk of the district court for the eastern district shall keep his office at Muskogee and shall maintain an office in charge of a deputy at Ardmore, the clerk for the western district shall keep his office at Guthrie and shall maintain an office in charge o! him elf or his deputy at Oklahoma City."

SEc. 2. The present senior judge of the eastern district of Oklahoma be, and he is hereby, assigned to hold said court in the said eastern distrfct, and shall exercise the same juris(.llction and perform the same duties within the . aid district as he exercised and per~

formed within his district prior to the passage of this act. That the pt·esent judge of the western district of Oklahoma be, and he is hereby, assigned to hold s~id court in the westem district or Okla4

homa, and shall exercise the same juri diction and perform the same duties as he exercised and performed within his district prior to the passage of this act. That the present junior judge of the eastern district of Oklahoma be, and he is hereby, assigned to hold aid court in the said northern di trict, and shall exercise the same juris· diction and perform the same duties within the sa.id district as he exercised and performed within hi clL~trict prior to the passage ot this act. Each of said judges :rnd courts shall in other respect have all the power and authority, civil, crimina], equitable, or otherwi e, which is c.onferred by law generally upon the district courts. of: the United State and the judges thereof.

SEc. 3. The President, by and with the advice and consent of the Senate, shall appoint for said northern district of Oklahoma a district judge upon the death, disability, or retirement of the dl trict judge who is hereby assigned to aid northern clistrict.

•

192~ CONGRESSIONAL RECORD-BEN ATE 2791 SEc. 4. The President, by and with the advice and consent of the

Senate, shall appoint for Baid northern district of Oklahoma -a mar· shal and a district attorney. A clerk and deputy clerks shall be ap. pointed and may be removed in the manner provided by law.

SEC. 5. The jurisdiction and authority of the courts and officers of the western district of Oklahoma, and of the courts and officers of the eastern district of Oklahoma as heretofore divided between them by the order of the senior judge of the Circuit Court of Appeals for the Eighth Circuit of the United States o;er the territory embraced within sald northern district of Oklahoma, shall continue as heretofore until the organization of the distlict court of said northern district, ·and thereupon shall cease and determine, save and except in so far as the authority of the junior judge of said eastern district is continued in him as judge of said northern district, and save and except as to the authority expressly conferred by law on said courts, judges or officers, or any of them, to commence and proceed with the pro ecution of crimes and offenses committed the.rein prior to the es. tablishment of the said northern district, and save and except as to any other authority expressly reserved to them or any of them under any law applicable in the case of the creation or change of the divisions or districts of district courts of the United States.

SEC. 6. Any party to any civil action, suit, or proceeding, including proceedings in bankruptcy, which is pending in the said eastern or western district and the prcsct·ibed venue of which would have been in said northern distl"ict had such district been constituted at the time such action, suit, or proceeding was instituted, may, by filing notice of such desire in the office of the clerk of such eastern or western di trlct as the case mar be, cause such action, suit, or pro. ceeding to be tran ferred to sald northern district, and upon the filing of such notice the cause shall proceed in the said northern district as though originally brought therein. The clerk in whose office such notice may be filed shall forthwith transmit all the papers and documents in his court pertaining to such cause to the clerk of said north· ern district and he shall also, with all reasonable dispatch, prepare and transmit to such last-named clerk a certified transcript of the record of all orders, interlocutory de.crees, or other entries in such cause, with his certificate under the seal of the court that the papers sent are all that were on file in said court belonging to the cause. For the performance of his duties under this section the clerk so transmitting and certifying such papers and records shall receive the same fees .as at·e now allowed by law for similar services, to be taxe.d in the bill of costs and regularly collected with the other costs in the cause; and such transcript, when so certified and received, shall henceforth constitute a part of the record in the cause in the court to which the transfer shall be made. With such transcript shall be remitted all deposits in the hands of the clerk to the credit or account of such cause. The clerk receiving such transcript and original papers shall file the same. In case the permissible prescribed ;enue of any such action, suit, or proceeding would, at th~ option of the plaintiff, ha\e bee.n in either the said eastern district or in the aid western district, though said northern district had then been

constituted, then such suit, action, or proceeding shall not be removed to said northern district except upon consent of all of the parties thereto whieh consent shall be filed with the clerk in lieu of the notice of transfe.r above specified and shall have the same effect.

Mr. CARAWAY. 1\fr. President, I offer an amendment to the committee amendment, which I send to the desk and ask to have stated.

The PRESIDENT pro tempore. The Secretary will state the amendment offered by the Senator from Arkansas to the Hmendment of the committee.

The READING CLERK. The Senator from Arkansas offers the follo·wing amendment:

Page 3, line 24, strike out the word 11 Hughes " and the comma.

Page 3~ line 25, strike out the word " Okmulgee" and the comma, and the word " Seminole " and the comma.

Page 4, lines 5 and 6, strike out the words "at Okmulgee on the first Monday in April " and the comma.

Page 4, line 9, strike out the word " Okmulgee " and the comma.

Amend by inserting on page 4, line 14, after the word " Has· kell," the word "Hughes" and a comma.

Page 4, line 16, after the word " Marshall," insert the word " Okmulgee " and a comma.

Page 4, line 16, after the word " Pontotoc," insert the word 11 Seminole " and a comma. ·

Page 4, line 19, after the word ".January," insert the words " at Okmulgee on the first Monday in April " and a comma.

Page 5, line 1, after the word " Hugo," insert the word 11 Okmulgee " and a comma.

Line 12, page 5, after the word " !\larch" add " at Mangum on the first 1\londay in April."

The PRESIDENT pro tempore. Without objection, the amendment to the amendment will be agreed to.

1\Ir. HA.ltRELD. :Mr. President, I am not in position to agree to that amendment if it embraces four counties. I should be perfectly willing to let it go as to two of those counties.

Mr. CARAWAY. The amendment embraces only three counties.

Mr. HARRELD. It embraces Okmulgee County, and I ani not in a position to agree to that. I am willing for it to go_ to a vote, howeyer.

Mr. S~fOOT. Let it go over. Mr. CURTIS. :Mr. President, if there i going to be any

b·ouble over it or time taken, I ask that it go over. Mr. HARRELD. There is simply one dispute, and that is as tO

Okmulgee County. I should like to see the matter go to a vote, if possible.

The PRESIDEXT pro tempore. The bill will be passed over. MAUDE MORROW FECHTELER

The bill (H. R. 6755) granting s~ months' pay to Maude Morrow Fechteler was considered as in Committee of the Whole.


SUPPLY OFFICERS OF REGULAR NAVY A...''W NAV.AL RESERVE FORCE

The bill (H. R. 8263) to authorize the accounting officers of the Treasury to pay to certain supply officers of the regular. Na'\"y and Naval Reserve Force the pay and allowances of the~r ranks for services performed prior to the approval of the~ bond was considered as in Committee of the Whole. .

The bill had been reported from the Committee on Naval Affairs with an amendment, on page 1, line 3, after the word "That" to strike out" accounting officers of the Treasury are"· and ir{sert "General Accountin~ Office is," so as to make the bill read:

Be it enacted, etc., That the General Accounting Office is hereby authorized and directed to pay to all supply officers, or former supply officers, of the regular Na>y or United States Naval Reserve Force the pay and allowances of their respective ranks for active duty performed by such officers during the period from April 6, 1917, to March 3, 1921, inclusive, prior to the approval of their bonds by the Secretary of the Navy.

The amendment was agreed to. The bill was reported to the Senafe 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 and pass~. The title was amended so as to read: "An act to authorize

the General Accounting Office to pay to certain supply officers of the regular Navy and Naval Reserve Force the pay and allowances of their ranks for services performed prior to the approYal of their bonds."

JOINT RESOLUTION AND BILL PASSED OVER

The joint resolution (S. J. Res. 125) granting permission to Fred F. Rogers, commander, United States Navy, to accept certain decorations bestowed upon him by the Venezuelan Go'\"ernment, was announced as next in order.

Mr. l\10SES. Let that go over. The PRESIDENT pro tempore. The joint resolution will

be passed over. The bill (H. R. 5061) fo~· the relief of Russell Wilmer

Johnson was announced as next in order. l\fr. DIAL. Let that go over. The PRESIDENT pro tempore. The bill will be passed

over. LIE"'CT. THOMAS J. RYAN

The bill (S. 3202) for the relief of Lieut. (Junior Gradef Thomas J. Ryan, United States Navy, was considered as in Committee of the Whole.

The bill had been reported from the Committee on Na'\"al Affairs with amendments, on page 1, to strike out lines' 3 and 4 ta and including the words "pay to," and to insert the w~rds "That there is hereby authO>rized to be appropriateCl, out of any money in the Treasury not otherwise appropriated, the sum of $1221.65, to reimburse " ; and in line 8, to strike out the word~ " the sum of $1,372.80 as reimbursement," so as to make the bill read :

That there is hereby authorized to be appropriated, out of any money in the TreasUl'y not otherwise appropriated, the sum of $1,221.65, to reimburse Lieut. (Junior Grade) Thomas J. Ryan, Unit~a States Navy, for the loss of uniforms, equipment, clothing, and perso.nal effects of himself, as a result of the earthquake and fire disa&ter ill Japan on September 1, 1923.

The amendments were agreed to.


The bill was Teported to the Senate as amended, and the amendments were concurred in.


CHARLES D. BAYLIS

The bill ( S. 122) for the relief of Charles D. Baylis, first lieutenant, United State Marine Corps, was considered as in Committee of the Whole.

The bill had been reported from the Committee on Naval Affairs with amendments, on page 1, line 4, to strike out " to be paid to" and to insert "the sum of $1,732.14 to reimburse," and. in line 7, to strike out ~; ~2,569.14, to compensate him," so as to make the bill read :

Be tt enacted, etc., That there is hereby auth()rized to be appro· p_:ated, out of any money in the Trea.s:uy not otherwise appropriated, the sum of $1,732.14, to reimburse Charles D. Baylis, first lieutenant, Unit ('d States Marine Corps, for loss and damage of household goods, clothing, and other personal effects while the same were being transported on the United States naval tug Genesee from Olongapo to Cavite, P. I ., during the summer of 1922.


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

the third time, and passed. HENRY F. MULLOY

·The bill (H. R. 9308) to authorize the appointment of Machinist Henry F. Mulloy, United States Navy, as an ensign in the Regular Navy, was announced as next in order.

llr. SMOOT. Let that go over. The PRESIDENT pro tempore. Tbe bill will be passed over.

EXOH.A.NGE OF LAND IN EL DORADO, ARK.

The bill (H. R. 11501) fur the exchange of land in El Dorado, Ark., was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, -and be Is hereby, authorized and empowered to convey by the utlual quitclaim deed to the city or El Dorado, Ark., for street purposes and rer no nth~r purP.ose, all the right, title, and interest or the United States or Ame-rica in and to a strip or land oft' the easterly side of the Federal building site in said city, 30 feet 1n width : Promded, That the city of El Dorado, Ark., ·shall ncaoo ·and convey to the United St11.tes of America in lieu thereof a strip of Jand 30 feet in width .along the entire 140-foot frontage of the westerly side of :said Federal bullding site : Provided further, That the city of IDJ Dorado, Ark., shall not have the right to sell or convey the land herein authorized to be granted, or ·any part tbel'('of, or to devote the same to any other purpose than as hereinbefore d.e cribed, a.nd in the event that the said land shall not be used for street purposes it shall revert to the United Stat£>s of America.


HARRY NEWTON

The bill ( S. 36·76) for the relief of Harry Newton, was considered as in Committee of the Whole and was read, as follows:

Be it enacte4, etc., That the Secretary of the Navy be, and be 1s hereby, authorized and dir~cted to accept for enlistment in the Navy, without regard to physical or other qualifications, Ilarry Newton, formerly chief machinist's mate, United States Navy, in the rating held by hlm when last discharged therefrom, and to transfer him 1mmediately to the Fleet Naval Reserve in that rating and with all the benefits and emoluments thereof which he would bave been entitled to receive had he been trans!erred thereto under the provisions of the act of J"uly 1, 1922 (vol. 42, Stat. L. p. 786), immediately after the passage or said act.

The bill was reported to the Senate without amendment, ordered to be e11oo-rossed for a third reading, read the third time, and passed.

INQUIRY CONCERNING REMAINING BILLS ON THE CALENDAR

Mr. DIAL. Mr. President, following Order of Business 1006 on the calendar, which has just been passed, I do not see any reports in connection with the bills on the calendar.

:Ur. OARA WAY. I hope the Senator will not raise an objection on that ground. There ar~ two or three more bills on the calendar, and I do not know whether the reports in regard thereto have been printed. They were recently reported. I hope the Senator will not object.

Mr. DIAL. The calendar may be proceeded with, as far as I am concerned, and we will see what the bills are.

JOSEPH J. MARTIN

The bill (H. R. 1717) authorizing the payment of an amount equal to six months' pay to Joseph J. Martin was considered as in Committee of the Whole and was read, as follows :

Be it enacted, eta., That the Paymaster General of the Navy shall cause to be paid to Joseph J. Martin, father of the late George Russell Martin, gunnery sergeant, United States Marine Corps, an amount equal to ~ix months' pay at the rate received by Martin at the date of his death.

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

ALBERT S. MATLOCK

The bill (H. R. 8329) for the relief of Albert S. Matlock waa considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Postmaster General be, aild he 1s hereby, authorized and directed to credit the account of Albert S. Matlock, formerly acting postmaster at Van Buren, .A.rk., in the sum of $18,906.91, due to the United States on account of postal funds (including war savings certificates for which the postmaster had given interim receipts), postage stamps, money-order funds, war savings and thrift stamps, and war tax revenue funds which were lost as tbe result of burglary on February 13, 1919, and the sum or $18,906.91 is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for the payment of said claim.


BILL PASSED OVER

The bill (H. R. 9535) authorizing suits against the United States in admiralty for damage caused by and salvage ervices rendered to public '"essels belonging to the United States, and for other purposes, was announced as next in order.

Mr. SMOOT. Let that go over. The PRESIDENT pro tempore. The bill will be passed over.

GEORGE A. FETIUE

The bill (II. R. 5752) for the relief of ~orge A. Petrie wa considered as in ()ommittee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay to George A. Petrie, of Alexandria, La., the sum of $53.30 out of avy money in the Treasury not otherwise appropriated. Such sum is the value of the services rendered by the said George A. Petrie while acting as United States commissioner for the western judicial d1strict of Louisiana from February 18, 1923, to June 30, 1923. .


ROGER SHERMAN HOAR

The bill (H. R. 8727) for the relief of Roger Sherman Hoar was considered as in Committee of the Whole and was read, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Roger Sherman Hoar, 715 Hawthorne Avenue, South Milwaukee, of the county of 'Milwaukee and the State of Wisconsin, the sum of $150.93 in full compensation for moneys actually expended by him under the direction of his commanding officer during the late World War for the protection o! the Government in the matter ot patent serial No. 298605.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and pa .. sNl.

BILLS PASSED OVER

The bill (H. R. 8741) for the relief of Flora 'M. Herrick wn announced as next in order.

Mr. CURTIS. Let that go over. The PRESIDENT pro tempore. The bill will be passed over. The bill (H. R. 7911) to authorize the Secretary of tbe Treas-

ury to sell the a p praisers' stores property in Providence, R. I., was announced as next in order.

Mr. CURTIS. Let that go over. The PRESIDENT pro tempore. Tbe bill will be passed over. The bill (H. R. 7821) to convey to tbe city of Astoria, Oreg.,

a certain strip of land in said city was announced as next in order.

Mr. CURTIS. Let that go over. 1'hP PRESIDENT pro tempore. Tbe bill will be pas~:;ed over. T l:t llill (H. R. 6436) for the relief of Isidor Steger was an·

nouHu.'U as next in orde1·.

1925 CONGRESSIONAL RECORD-SEN ATE

Mr. REED of Pennsylvania. Let that go over. KO~II~ATIONS The PRESIDENT pro tempore. The bill will be passed over. Executive nominations 1·eceil/cd by the Senate January 31, 1925

This completes the Calendar of General Orders. INYESTIGATIO~ AS TO PRICE OF WHEAT

Mr. NORBECK. I ask unanimous consent that an extension of time to March 1 be given to the Committee on Agriculture and Forestry to report on Senate Resolution 249.

The PRESIDE~T pro tempore. The Senator from South Dakota asks that the time for report upon Senate Resolution 249 be extended to March 1.

:Mr. SWANSON. 'Vhat is that re olution? Mr. NORBECK. It is a resolution proYiding for an investi

gation as to the price of wheat. The PRESIDENT pro tempore. Is there objection? The

Chair hears none, and it is so ordered. lfiNERAL LANDS L"i INDIAN BE ERY.ATIO~S

1\Jr. RA.RRELD. 1\!r. President, I desire to make a motion for a reconsideration of a vote taken in the Senate to-day in connection with Senate bill 876.

Mr. SHORTRIDGE. To what does the bill relate? Mr. HARRELD. It affects the oil royalties accruing on

Executive order Indian lands. I desire ·to move that the Senate concur in the amendments of the House, with an amendment which I shall offer.

Mr. SMOOT. I want to say to the Senate that a few day~ ago this bill passed the Senate and went to the House, and in the meantime the Commissioner on Indian Affairs called me on the telephone and asked me to have an order entered for the return of the bill to the Senate, as there were certain amendments he desired to have made to the bill. That order was entered, and the bill has been returned to the Senate from the House. The motion now is that we reconsider the vote by which the House amendments were concurred in, so that the Senator from Oklahoma can offer an amendment to a House amendment.

Mr. JONES of New Mexico. The parliamentary situation, as I understand it, is that the House passed the bill with amendments. The bill then came to the Senate, and the Senate concurred in the amendments, and after concurring in the amendments, the Senate ordered the bill returned to it. Now, the proper procedure is for the Senator from Oklahoma to move that we concur in the House amendments, with an amendment which he desires to offer.

Mr. HARRELD. That is the motion I have made. The PRESIDENT pro tempore. Without objection the vote

concurring in the House amendments will be reconsidered. The Senator from Oklahoma moves that the Senate concur in the Hou e amendments, with an amendment which the Secretary will report.

The READING CLERK. The Senator from Oklahoma offers the following amendment: Amend the bill, in line 3, page 2, after the words "shall be," by inserting the words "disposed of as follows, 37lh per cent shall be paid by the Secretary of the Treasury after the expiration of each fi cal year to the State within the boundaries of which the leased lands or deposits are or were located, said moneys to be used by such State, or subdivisions thereof, for the construction and maintenance of public roads or for the support of public . chools or other public educational institutions, as the legislature of the State may direct, and 62lh per cent shall be."

Amend the first paragraph of the amendment of the House by inserting the words "Executive order" after the word "within," and by striking out the words "except that such lands may only be leased and patents shall be issued for the arne."

Strike out all of the second paragraph of the amendment of the Rouse. .

The PRESIDENT pro tempore. The question is on agreeing to the amendment offered by the Senator from Oklahoma to the amendments of the House.

The amendment to the amendments wa agreed to. The PRE !DENT pro tempore. The question is upon con

cm·ring in the House amendments as amended. 'l'he amendments as amended were concurred in.

EXECUTIVE SESSIO~

Mr. CURTIS. I move that the Senate proceed to the consideration of executive bu iness.

The motion was agreed to, and the Senate proceeded to the consideration of executi-re business. After five minutes spent in executive session the doors were reopened, and (at 5 o'clock p. m.) the Senate adjourned until Monday, February 2, 1025, at 12 o'clock meridian.

PROMOTIONS IN THE COAST AND GEODETIC SURVEY

For appoinhnent as aid, 'lcith relatit:e rank of ensign in the Navy, by promotion from junior engineer

Riley Jacob Sipe, of Ohio, vice I ador Rittenburg, promoted. By promotion front deck officer

Allen Ames Parker, of Massachusetts, vice H. A. Karo, pro· rooted.

Samuel Barker Grenell, of New York, vice J. C. Sammons, promoted.

Philip Randall Hathorne, of Maine, vice G. L. Anderson, promoted.

John Mahlon Neal, of Indiana, vice J. H. Service, promoted. UNITED STATES DISTRICT JUDGE

Benson ,V, Hough, of Ohio, to be United States district judge, southern. district of Ohio, vice John E. Sater, resigned.

UNITED STATES ATTORNEY

Emory R. Buckner, of New York, to be United States attor· ney, southern district of New York, vice 'Villiam Hayward, resigned, effective March 1, 1925.

AFPOINTMENTS, BY TRANSFER, IN THE REGULAR ARMY

ORDNANCE DEPARTMENT

Capt. Thomas William Conrad, Coast Artillery Corps (de· tailed in Ordnance Department), with rank from July 1, 1920.

FIELD ARTILLERY

Second Lieut. Everett Clement Meriwether, Infantry, with rank from June 12, 1923.

Second Lieut. Emory Clayton Cushing, Air Service, with rank from July 3, 1923.

COAST ARTILLERY CORPS

Maj. George Frederick Humbert, Finance Department, with rank from July 1, 1920.

PROMOTION IN THE REGULAR ARMY

Chaplain Frank Burton Bonner to be chaplain with the rank of captain from January 25, 1925.

POSTMASTERS

CALIFORNIA

Irma J. Gallmann to be postmaster at Pinedale, Calif., in place of I. J. Gallmann. Office became third class January 1, 1925.

Pliny M. Arnold to be postmaster at Carlsbad, Calif., in place of P. M. Arnold. Office became thii·d class January 1, 1925.

GEORGIA

William M. Hollis to be postma ter at Re-ynolds, Ga., in place of J. G. Hicks. Incumbent's commi sion e>..'J)ired June 4, 1024.

Glos. ie A. Dunford to be postmaster at Helena, Ga., in place of J. W. English, removed.

L. Bertie Rushing to be postmaster at Glennville, Ga., in place of A. C. Aldridge. Incumbent's commission expired February 4, 1924.

Fannie L. Mills to be postmaster at Folkston, Ga., in place of T. W. Vickery, resigned.

Mattie M. Lewis to be postmaster at Fayetteville, Ga., in place of S. B. Lewis. Incumbent's commission expired August 7, 1921.

IDAHO

Eudora D. Blood to be postmaster at Dover, Idaho, in place of E. D. Blood. Office became third class January 1, 1925.

ILL~OIB

Frank Z. Carstens to be postmaster at Woodriver, Ill., m place of F. Z. Carstens. Incumbent's commission expired May 28, 1024.

John L. Lewandowski to be postmaster at Calumet City, Ill., in place of J. L. Lew-andow ki. Office became third class July 1, 1924.

IOWA

Guy C. Wilhelm to be postmaster at Modale, Iowa, iu place of C. A. Riggs, Fesigned.

KAXSAS

Ella E. :Moreland to be postmaster at Overland Park, K-ans., in place of E. E. Moreland. Office became third class January 1, 1025.

James Rae to be postmaster at Franklin, Kans., in place of James Rae. Office became thii·d class October 1, 192-!.

./

2800 CONGRESSIONAL RECORD-ROUSE . JANUARY 31.

LOUI.SUNA

Nellie M. Landrum to be postmaster at Woodsworth, La., in place of N. l\.1. Land.J.'um. Office became third class January 1, 1925.

MISSOURI

William L. Jenkins to be postmaster at North Kansas City, Mo., in place of J. 0. Frazier. Incumbent's commission expired June 5, 1924.

NEBRASKA

Helen L. Churda to be postmaster at Weston, Nebr., in place of H. L. Ohurda. Ofiice became third class January 1, 1925.

NEW JERSEY

Joseph Kish to be postmaster at Nixon, N. J., in place of Joseph Kish. Office became third class October 1, 1924.

Charles Carter to be postmaster at Mount Ephraim, N. J., in place of Charles Ca.rter. Office became third class October 1, 19U.

OREGON

Mildred M. Pitcher to be postmaster at Valsetz, Oreg., in place of G. B. Lappe, resigned.

Andrew L. Clark to be ·postmaster at Rainier, Oreg., in place of L. F. Clark, resigned.

Harold Patrick Henry to be ~rst lieutenant, Infantry. Harry Woldren French to be first lieutenant, Infantry. Dwight Joseph Canfi.eld to be first lieutenant, Air Service.

POSTMASTERS

MICHIGAN

Harvey W. Raymond, Baraga. William J. Newton, Marysville.

MINNESOTA

Joseph F. John, Browerville. Ora l\1. Goodfellow, Kenyon. Albert Groenke, New Germany.

NORTH CABOLINA

James P. Turnley,' Cameron. James V. Benfield, Valdese.

OHIO

Eru:l F. Liebtag, East Canton. SOUTH O.AllO:J;.INA

Angus L. Campbell., Patrick ..

WITHDRAWAL Ea:ecutive nominaUon withdra1.(.'n from tlt·e Senate J (Jnttarv St,

PENNSYLVANIA 1925 Kathryn 1\IcOann to be postmaster at Crabtree, Pa., in place J s w d · s

Of Kathryn McCann. Offiee became third class January 1, ~ am e dmgton to be postmaster at Fort Gay, in the tate

1925. of Wes.t Vjrgi~a. <

~RODE ISLA.NJ)

Albert J. Rene to be postmaster at Arctic, R. I., in place of J. E. Noel, resigned.

:l'ENNESSE!l

Minna M. Carson to be postmaster at Old Hickory, Tenn., in place of V. H. Williams. Incumbent's eD.mmiss,ion expired January 23, 1924.

T.E:U~

Oharles E. Belvin to be postmaster at Zephno, Te.:t;., in place of C. E. Belvin. Office became third class January 1, 1925.

John A. Noland to be postmaster at Crawford, Tex., in place of J. A. Noland. Incumbent's comm.ission expired December 20, 1920.

vmGINIA.

William P. Gilbert to be postmaster at Cleveland, Va., in place of W. E. Fraley, resigned.

Ella P. White to ..be J>OStmaster at Austinville, Va., in place of lLP. White. O.flice became third class January 1, 1925.

WEST VIRGINIA

Lutie Vicars to be ,postmaster at Fort Gay, W. Va., in J:>lace of Os.car Sipple, resi@ed.

Leonard S. Echols to be postmaster at Charleston, W. Va., in place of J. A. deGruyter. Incumbent's commission expired February 11, 1924.

CONFIRMATIONS Brrecutive n.om.itt,ations confirmea by the Senate Jan·u,ary 81,

1925 PROMOTIONS IN THE ARMY

Robert Henry Allen to be Chief of Infantry with rank of

--------------~-HOUSE OF REPRESENTATIVES

SATURDAY~ January 31,1925 The House met at 11 o'clock a. m. The Chaplain, Rev. James Shera Montgomery, D. D., offered

the following prayer :

With gentle compulsion, 0 Lord, lure u~ to acknowledge Thee to be our Ileavenly Fath~r. Make it easy for us to be upright, true, ®d t~ithful and ditijcult to do wrong. We bless Thee that Thy goodness is round about us like the morning light. Spare us trom the w~;:t.kness of irppatie11ce and hasty deliberations, and in .all legislation may our labors be worthy of our country and t)le place of ;respo.nsibi,Uty to wJ:rlch we have been called. Teach us that strength .is never so ·helpful as whe:n it stoops to the weak ; that purity is never so divine as when it stretch~s a hand to succor the impure ; and that we are never so useful and acceptable to Thee as when we obey the p:tecepts of the .Man of Galilee and ha.ve the spirit tllat led Him t9 become a ransom for the world. .!men.

The Journal of the proceedings of yesterday was read and approved.

THE LATE ~REBENTATIVE WILLI.AM S. GBEENE

Mr. LEACII. Mr. Speaker, to-mo.r:row exercises are to be held in memory of the late Hon. SYDNEY E. MUDD and the late Bon. EDwARD C. LITTLE. 1 rise to announce at t.lds time tbat there will be no exercises in memory of my predecessor, Bon. WII..LI.AM S. GREENE, of :uassachu etts, his family having requested that no sueh ~rcises be held.

major general. CALL OF THE HOUSE

Amos Alfred Fries to be Chief o! Chemical Warfare Service Mr. BA!\TKHEAD. Mr. Speaker, I make the point of order with rank of brigadier general. that there is no quorum present.

J ohn Thomas Axton to be Chief of Chaplains with rank of The SPEAKER. The gentleman from Alabama mak;es the colonel. point of order that tbere is no quorum present. Evidently

G"'n. William Josiah Snow to be Chief o.f Field Artillery there is not. with rank of major gener.al. I Mr. LONGWORTH. Mr. Speaker, I move a call of the

Alfred William Bjornstad to be brigadier general, Infantry. House. Henry Dozier Russell to be .brigadier genera~, Officers' Re- The motion was agreed to.

sen-e Corps. The doors were closed. Ernest Eugene Hodgson to be second 'lieutenant, Veterinary The Clerk called the roll, ami the following Members failed

Corps. to answer to their names : Alfred Marston Shearer to be captain (detailed in Signal [Roll No. 43]

Corps ). Abernethy Browne, N.J. Cooper, Ohio John Lawrence Bond to be colonel, Infantry. Allen Brumm Corning Edward Raymond Stone to be colonel, Infantry. Allgood :~~tirkle g~~ser Wjlliam Francis Morrison to be lieuten8Jlt colonel, Field !~~~~ny Burdick Crowther

Artillery. Ayres Butler Cullen Yictor Sidney Foster to be lieutenant colonel, Cavalry. Bacharach Cable g~~ings Michael Frank Davis to be major, Air Service. ·~!ukley g!~'; naJ.Iln .. er John Fuller Davis to be major, Cavalry. Black, N.Y. Clancy Davey" Christopher William Ford to be captain, Ah· Service. Bland Clark, Fla. ga1s, ?tUnn. James Eugene Smith to be captain, Quartermaster Corps. ~~~~~.Ohio g;:Ji~~· N.Y. D~psey Biglow Beaver Barbee to be captain, Finance Department. Briggs Connery Dickinson, Mo. Frank Joseph Vida to be first lieutenant, Infantry. Britten Connolly, Pa. Dickinson, Iowa

Dickstein Dominick Dough ton Drane Drewry Eagan Edmonds E vans, Iowa Fairchild Favrot Fish Fitzgerald Foster Freeman Frothingham

1925 CONGRESSIONAL RECORD-HOUSE 2801 Fulmer Kindred O'Brien Sulliv.a:n I rise this morning to speak about the President's fam{)us ~illfvan ~~ on g~g~~~:M: ~: r ~= Farm Commission, which has just reported. Curi{)USly enough Gambrill Langley O'Connor, La. Taber the ~port suggests nothing new, nothing original. It is simply Garber Larson, Minn. O'C<>.nnor, ~- Y. Tague a. polished ~ssay on farming. We haTe paid $50,000 for 22 8!~~~fl: i~~~- t::.~;wood 8~~;.~trY. ~!~~: ~<>n. bepafges othef nnmc eographed rehash of what is aiready pending Gilbert Lindsay Paige Thatcher ore ongress. Perhaps that is in keeping with the Glatfelter Lineberger Park, GL N;y:;::• Okla. general record of the administrati{)n. The President poses as g~~~rough t=cum ~~~in Timberlake a.gre~t friend of the ~armer. In fact be seems fond of M.ving Green McDuffie I•orter ~rrnkham his _Picture ta~en ~hile doing bits of farm work, particularly Greenwood McFadd n Pou 'l'uck~r durmg camprugn time. I ha:-ve here sonw clippings taken from Griffin McK€nzie Hmfl Upshaw co 4-- b · II .... < tuayle Ga nnw.y new P:J.per.s s owrng pictures of the President pitchintt all ll.I.CLeod t Vinson, • ha I all tte t ~ Harrison McNulty Hainey Voi..,at y. c . a n 10n to the fact that in this particular photo· Hastings ~IcSwain !tans~y Ward, N.Y. graph, which was sent all over the country the President has Bawl~y MacGr~or Uathbone ;:~~N.C. on a pair of brand new overalls, drawn o~er a pair of black ~~~n.J!fh. ~!~~~Mo. ~~~~: ~~- Wefald dress trousers. He also has on a white shirt and is without a Hooker Mead !teed, W.Va. Weller hat Fancy a man making hay in the burning sunshine with-~{~:~~: ~i~i: ~~~t~~Ison n~~~hilL ~~ out a hat! Shades of the pioneer farmers on the prairies of Huddleston ~!iller. IlL Uogers, Ma.BS. White, Kans. the great West, the _men upon who e brave shoulders rests the HuH, Tenn. Milligan Rouse White, Me. commerce of this country. Without any hat! llull William E. Mills :-:a nders, Ind. Williams, ill. Mr. MA.cLAFFERTY. Mr. Speaker will the gentleman Jacobstein Minahan Ha nders, N.Y. Wingo yield? ' James Montague Schafer Win low John on, Wash. Moore, IU. Schall Wollf Mr. JONES. Yes. Johnson, Ky_ Morin Sherwood Wurzbaeh Mr. MAcLAFFERTY. Is the gentleman's criticism directed J~hrson, 8· Dak. M~~~~ Wis. ~~~g~ Kans. Yates to the fact that the President had on a white shirt or that he Kent Newton, Mo. Steagall had on a shirt? Kie s Nolan Strong, Pa. Mr. JONES. I am not criticising; I am just commenting.

The SPEAKER pro tempore (Mr. BEGG). Two hundred and ' .Mr. :hfAcLAFFERTY. What is the date of that newspaper? thirty-eight Members have an wered to their names, a quorum. Mr. JO?\'ES. August 21 1924 during the last campaign-

lir. LONGWORTH. Mr. Speaker, I move to dispense with , right in the heat of it. ' ' fu ttber pr<;>eeedings under the call. 1 l\Ir. SUMMERS of WashlD.eoton. Mr. Speaker, will the a-en-

The motion was agreed to. tleman yield? e

The doors were opened. Mr. JONES. In just a moment. I want to say a few things MESSAGE FROM THE SENATE and then I shall be glad to yield. According to the text which

A me. age from the Senate by Mr. Craven, one of its secre- accompanies the picture, the President rode to the hayfield taries, announced that the Senate had passed without amend- in a limousine, _ which was all right, and the account goes 'on to ment the bill (H. R. 7918) to diminish the number of appraisers say also that there was not much work to be done because at the port of Baltimore, and for other purposes. most of the hay had been garnered, but they had thoughtfully

1.'he message also announced that the Senate had passed the left a small amount, which I assume was for the benefit of bill (S. 3674) reclassifying the salaries of postmasters and em- the picture. -ployees of the Postal Service, readju ting their salaries and It seems that the horses got scared at the click of the cameraeompen ation on an equitable basis, increasing postal rates to I or was it the President's style of pitching hay? Anywav they provide for such readjustment, and for other purposes, in which had that uneasy feeling. For 26 years the President of the the concurrence of the House of Reopre entatives was requested. United States has continuously held office, and so far as r have

MESSAGE FBDM: THE PRESIDENT OF THE UNITED STATES been able to find--A message in writing from the President of the United lli. ROSENBLOOM. W~ll the gentleman yield?

States, by Mr. Latta, one of his secretaries, who also informed Mr. JOl\"'ES. I can not J~St now; perhaps later. So far as the House of Representatives that the President had approved I h~ve ~een able to ascert~m .he has never been notified of a bills of the following titles: nommation, except when Pitching hay or milking a cow, mend·

On January 30, 1925: l~g .a farm. wagon, fixing the fence! cutting cockleburs, or H. R. 5417. An act authorizing and directing the Secretary of diggrng up Jimson weeds. I have a high regard for the Presi

War to investigate the feasibility, and to ascertain and report dent. He h~ some admirable qualities •. but it seems passing the cost, of establishing a national military park in and about strange tha~ m all these years .of serVIce he could neTer be Kansas City Mo. commemorative of the Battle of Westport caught at his desk on such occaswns. October 23 i864 · 'and ' Mr. MAcLAFFERTY. Will the gentleman yield?

H. R. 25.' An a~t providing for a per capita payment of $50 to ~· JO!'.r'ES. I ~ill yield if I have B;n opportunity before I each enrolled member of the Chi{}pewa Tribe of Minnesota from fimsh. It . see~ th1s .way. It may be JUst a fad of the Presithe funds standing to their credit in tbe Treasury of the United dent,. ~d that lS all right, but that ought not to be formed into States. - a habit.

ENROLLED BILLS SIGNED I I do not object to a man wearing this garb and ha ring his Mr. ROSENBLOOM, from the Committee on Enrolled Bills, picture ~n. I do. not object t~ his performing any kind of

reported that they had examined and found truly enrolled bills labor which he d~ues, clothed m aD! WR;Y he sees fit Of of the following titles, when the Speaker signed the same: course, ~nybody ~th any degr~ of rntelligen~e knows that

H. R. 7918. An act to diminish the number of appraisers at he w!s s~ply acting a part, that lS all But while so~ others the port of Baltimore, and for other purposes; are ';'etting w~at they want .he sends the farmers .PICtures.

H. R. 11956. An act to amend the act entitled " An act mak- In VIew ~f .this bac~round It. would s~em appropnate that ing appropriations to supply urgent deficiencies in the appro- the comrrusswn a~pornted by him to r~e':e the ~armers' dispriations for the fiscal year ending June 30, 1909/' approved tress .sJ:tould_ submit a re~rt .of gen~ralizatwns without .a new February 9, 1909 ; and or. ongmal ld.ea, or combmation of Ideas, and should mnd up

s. 2842. An act to provide for compulsory school attendance, With exp:es~ons of s~pathy for the farmer. I say that for the taking of a school census in the District of Columbia the comiDlSsiOn should either have recommended actual reme-and for other purposes. ' dial legislation, or they should have said outright and frankly

REPORT OF FARM COMMISSION that no legislation can be effective. One or t:Ue other position, in all fairness, should have been taken. [Applause.] But they do not pursue that course. They start out with the statement that they do not lend themselves to any one remedy or any specific piece of legislation through which there may be found a complete cure for the many ills of agriculture, and then they proceed to discuss, in a general way, some bills that are already on the calendar. The commission presented its report and now its members are scattered to the four winds. The Agricultural Committee this morning passed a resolution to wire every one of these commissioners an invitation to come back and testify and tell us what they want. They simply filed their report. Then most of them left town. [Applau ~e.]

The SPEAKER pro tempore. By special order the gentleJIUlD from Texas, Mr. JoNES, is recognized for 20 minutes.

Mr. JONES. Mr. Speaker, I shall not go into the family row that was going on in the House yesterday. I did not want to do so, and therefore I deferred my speech until this morning. I shall leave it to the Republicans to take care of their truant children in any way they see fit, merely making the observation that I do not understand why some of them seem to be so uneasy, becau e I can not C{)nceive that any man should CQnsider it a punishment to be read out of the Republi· can Party.

2802 CONGRESSIONAL RECORD-HOUSE JANU.ABY 31

The first thing recommended is that the American farmer, throuo-h the application of the protective-tariff system, be given the' full benefit of the American markets, and yet later on in the same report the commi sion recognizes that there is a surplus of practically all substantial farm commodities, and thu they meet themselYes coming back. They say nothing about reducing the outrageous tariff schedules upon harne s, baling wire, shingles, aluminum, hou ehold and kitchen utensils, and l)I'actically e\erything the farmer u e .

They refuse to recognize that the tariff on all these articles is a great deal higher than it should be, and that if the rates were greatly reduced and put on a. 1·evenue basis they would still far more than carry the difference of labor costs and the difference in the co ·t of production at home and abroad.

They do not strike at the real problem. During the campaign a newspaper man handed me this thimble, made of aluminum, and on it is "Coolidge and Dawes." There is a 71 per cent duty on aluminum. I do not think anybody believes the tariff should be that high on aluminum, but it means much money to l\:Ir. Mellon and those who are interested with him. It is all right for those excessively high duties to be left on kitchen utensils, hospital uten ils, and the hundreds of articles aluminum goes into, so long as they can satisfy the farmer with pictures and with reports.

-The commission next indulges in a hazy discussion of cooperative marketing. After a wilderness of words and phrases they wind up with a recommendation that, if carried out, would have the Government interfering with cooperative organization. just enough to hamper them, without being of any benefit whatever. It would create a host of additional Federal inspectors to haunt the offices of the cooperative organizations, which would probably tend to break down the achievements which these organizations have already made.

Mr. 1\IORGAN. Mr. Speaker, will the gentleman yield? 1\Ir. JONES. Yes. 1\Ir. MORGAN. You state you are from a cattle counti·y.

You are indicting the tariff on agricultw·al products. I would like to inquire whether you are willing to remove the tariff on livestock, meats, dairy products, and wool.

1\lr. JONES. The gentleman misunderstands my position. I believe in a tariff-a revenue tariff. I believe that a tariff should be levied on every product that comes into the custom bou e from which revenue may be derived, whether a finished article or a raw product. This would take care of all the articles to which the gentleman refers. What I am complaining about li! the exces ively high tariff rates on some other articles which enrich a few at the expense of the many. [Ap· plause.]

That is Democratic doctrine, and has been Democratic doctrine for lo, these many years; and in that I belie\e, and on that principle I vote. ·

Mr. BARBOUR. Mr. Speaker, will the gentleman yield? Mr. JONES. Yes. Mr. BARBOUR. Is it not a fact that the American Live

·stock Association at its last annual · convention passed resolution recommending legislation along the lines that this conference recommends?

l\1r. JONES. Ob, I want to state that every bill-without any exception, I believe I can say-every bill that is mentioned in this report by name has already either been recommended, or i. on the calendar, or has already been enacted into law. That is the point I am making. This commission offers nothing specific that is not already in the legislatil'e mill.

Mr. KINCHELOE. 1\lr. Speaker, will the gentleman yield? Mr. JONES. Yes. Mr. KINCHELOE. Is it not true that the Purnell bill, to

which they referred, has been unanimously reported by the Committee on Agriculture, and bas been on the calendar for a long time, and the arne is true with respect to the truth in fabrics bill?

1\lr. JONES. Yes; both of tbese measures have been reported and are on the calendar.

.Another r~commendation is that some changes be made in the cr·edit system so as to give additional credit to agriculture. Of course no commi ion eems to con ider its work complete without some recommendation along these lines, :ret this phase of the discussion wbolely jgnores the fact that a great many farmers ha\e already borrowed more than they wish they ever had, and more in some in tances than they can ever pay, and ignores tile fact that it is not a question of credits but of better marketing facilities and better prices that is troubling agriculture.

Mr. BLANTON. Mr. Speaker, will the gentleman yield? l\11·. JONES. Yes. .

Mr. BLANTON. Is it not a fact that the Republicans refused to levy a tariff on hides when the farmers have not been able to get enough for the hides to pay for the skinning of the cow?

:Mr. JO~ES. I do not know what the vote was but I am sure that is a correct statement of the record. '

Mr. 1\IORGAN. l\Ir. Speaker, will the gentleman yield there? 1\fr. JONES. No; I have not time enough. If the gentleman

will get me more time I will yield. One recommendation is that the Interstate Commerce Com

mission should be directed to take steps to relieve the raw products of agriculture and livestock from their disproportionate share of transportation costs. As a matter of fact, the House and Senate at the la t session passed this legislation, and the day before the commission made its report the conference report on the same was adopted, so that this recommendation means nothing, as the legislation has already been passed.

Mr. TINCHER. l\1r. Speaker, will the gentleman yield? l\Ir. JONES. Yes. l\.Ir. TINCHER. The gentleman wants to be accurate, I

know. l\Ir. JONES. Yes. Mr. TINCHER. As a matter of fact, the conferees agreed

on the report, and a Democratic Senator withheld the report and would not submit it.

1\Ir. JONES. The measure passed both Houses at the last session of Congress, and the conference report was agreed to on the day that the commission made its report.

1\Ir. TINCHER. After the chairman had been told to call it up in the Senate. .

Mr. JONES. I do not know what the facts are in connection with that. The gentleman can get time to make his statement. But I say that the commission in all in tances has simply been reviewing things on which there have been not only committee hearing but committee report .

Mr. OillNDBLOl\I. l\Ir. Speaker, will the gentleman yield for another question?

1\fr. JOJ\"ES. I am sorry I ba\e not the time. If I could get more time, I would be glad to yield.

They refer to State agricultural experiment stations. That is another matter that the Committee on Agriculture reported out at the last session of Congress and which has been pending on the calendar and not yet reached simply because of the congested condition of the calendar. Why, for men who are suppo ed to repre ent the great interests of agriculture, what a farce for them simply to comment on legislation that has already been reported by committees!

The truth in fabrics bill they mention, without indor ing any specific bill; but a bill of that kind had been reported prior to the commission's report; it has been reported out by the Committee on Interstate and li,oreign Commerce of the House. And so on throughout the entire report.

The report is full of generalizations and at the only point where it gets down to real substantive matters it bristles with recommendations, the principal effect of which would be to create new Federal jobs and add additional expense and additional bureaus and additional divisions of bureaus to the already overburdened taxpayers and the already ovcrgoverned cotmtry. It recognizes that special privileges are being given to certain classes in this country, and instead of offering somethino- to cure the situation, tends to widen the circle which receives special priruege so a to include another cia . The ~:~ad part of it is that the e recommendations, if followed, would not extend the privileges but would only seem to, and would still leave the farmer at the mercy of those who would exploit him. ·

This is but one of the many commi sions that has been appointed, which, like all the rest, fails to offer a solution for the real problems, to wit, the establishment of a better system of marketing, so that the farmer may secure a larger portion of the price for which his product ultimately sells and the removal of special prirueges now allowed to those who exploit the farmer.

I do not want to be unfair to the commission. I realize the tremendous difficulties with which they are confronted. Theirs i not an easy task. I hope they will devote their best energies and thought to a real olution of the great problems of agriculture. And I want to assure them that I hall gladly cooperate in the support of any legitimate legislntion that may giYe reasonable promise of relief. I am not sure that they should make a hurl'ied report, but now that they have been authorized, I think they hould s~udy the matter until they are thoroughly sati tied of their recommendations, whether it take a long or a short period of time.

In the past the farmer ba been the victim of all kinds of political slush and demagogy. He will see through any thln

19'25 00NGRESSIONAL REOORD-HOU&E , 2803 "Veil of subterfuge and will see the truth about this "matter. I want to see legitimate legislation passed -that ,will aid him in solving his problems. I want them solved on a permanent, lasting, and enduring basis, on .a basis that means fairness to every citizen and every class of citizens within the broad confines of this great country. I will vote for any legislation that is recommended which is calculated to serve that _purpose. [Applause.]

The SPEAKER . . 'The time of the gentleman from Texas has expired. · •

THE LA FOLLETTE C.AJ.!PAIGN FOR PRESIDENT

The ·SPEAKER. By special order of the House the gentleblan from Wisconsin [Mr. BERGER] is entitled to 20 minutes. · Mr. BERGER. l\lr. Speaker and gentlemen of the Rouse, ~ ·op tells a fable of the bat, who in the war between the quadrupeds and the birds posed as a quadruped or as a bird, according to which side was victorious. But the bat was found out and shunned by both sides ever after.

:\Iy colleague from Wisconsin [Mr. "FREAR] reminded me of that fable and of that bat when he made his speech ·on last Thursday, January 29.

Mr. FREAR posed as a great La Follette man last summer when the more or less socialistic La Follette campaign loomed up big on the political horizon. ?t1r. F&EA.R in his speech also· admitted that he sat on the ·platform at a campaign meeting when the Republican •Congressmen were denounced as enemies of the people and voters were advised to vote for the Democrats. He did not protest.

And lo, a day before yesterday-January 29-Mr. FREAR hmnbly 'ki sed the Hag-no; kissed the elephant's tail [laughter and applause]-antl begged for permis ion to crawl into the hole and to pull the hole in after him. Not in so many words, but that was the gist of the performance. [Laughter.]

Mr. Speaker, it is abso1ntely necessary that we should ha\'e two trends of public opinion in this country, the conservative a11d the progressive.

This country would soon come to wreck and ruin if we stood absolutely still, if there were no progress. And progress unhampered and unlimited by conservative tendencies would tum everything topsy-turvy. The Russia of the Czar and Russia since is a fair example.

·Only we must demand of these forces that their expression be honest .But .wherever the struggle between the forces of progress . and of conservatism is honest and :logical, then just give both of them full play. Do not .hamper them. They will

. work for the best of humanity,. of society, •Of the country. J I say this as an earnest progressive, as a lifelong socialist.

When the progressive and radical groups got together last 1 summer and noniinated or indorsed RoBERT M. LA FoLLETTE and BURTON K. •WHEELER, the Socialist Party of the United States

I whole-heartedly joined the moveme-nt. Q'he new progressive ·alignment had no organization outside

of the Socialist Party, the unions, ··and the railroad brotherhoods. The brotherhoods and the trade-union , however, are not at Rll trained or equipped to carfly on a political cam~ paign. Therefore the bulk of the work everywhere 'Was really done by the Socialist Party. [Laughter.]

I may also state that every socialist in ·the country-whether card member or unaffiliated-voted for RoBERT M. LA For.l.ET1'E for President. .And every cent tlie socialists everywhere, including my home State, Wisconsin, and my home city, Milwaukee, could possibly scrape up for campaign purposes was thrown into •the La Follette campaign.

I say all this, not for the benefit of my progressive .friends, who probably know it, but for the information of the Republi~ can .and the Democratic members.

'Ve socialists know that ,political parties must be based upon economic interests. We have always felt-and I have said so repeatedly in this House-that the Republican and the Democratic Parties do not re-present the interests of the -working 1armers and of the ·city workingmen, because both old parties -are under the domination of 'the capitalist class.

Moreover, it has been known for more than a generation that the campaign expemJes of both old parties-in rurtional, State, · and municipal elections-are paid largely by the ca.pi~ talist class; and that the capitalists of our country, while as a rule preferring the Republican Party because as a party it is more intelligent [laughter and applause], are just as willing to deal with the Democrats. This was shown during the administration •of 1Grover Cleveland and of Woodrow Wilson, and was shown again by tile indorsement of John W. Davis.

There is no difference in principle between the two old parties. The producers of the country-the people who work with

brain and brawn-the workingmen in the cities, and the

farmers nave no }}Olitical organi2ation of their own to express their economic interests.

And that is also the reason why we have various " blocs n

in our Congress. We have heard of the "farmer bloc" the "railroad bloc," the soldiers' bloc," and of several other 'blocs. They were denounced in the newspapers. It is nonsensical, however, to denounce " blocs" in the papers so long as these economic interests have no other way o.f expressing them~ selves on the political field.

But while the interests of ihe workingman and of the farmers are thus not represented at all, it really seems a waste of energy, and also of money, that the capitalist class supports two capitalist parties. To drive the two parties together into one political body would not only be an advantage to the counn·y at large, but also a financial saving for our ''big interests " [laughter], " especially when we consider that the contril,mtions they must give at national elections reach millions of dollars.

I have seen only one plausible excuse for the existence of two capitalist parties. It was made by Arthur BriSbane when he said:

While the Republican Party is dominated by crooked "big business," the people also know that the Democratic Party is the "spare tire" of croaked big business. That Democratic "spare tire" is carried on the back of the big business band wagon, to be used in case a Republican tire should accidentally blow out.

[Laught er.]

And some voters conclude that they would rather have Republican crookedness with some efficiency tha.Jl Democratic crookedness without any efficiency.

[Laughter.] . This "explanation '' may satisfy some .people, but 1t will not

make many contented with the condition. In Great Britain, Ifrance, Germany, and in every other chill~

ized country the leading parties differ materially in political and economic principles. Not so in our countl'y.

And I consider that a misfortune. Here our capitalist press, after both of th~ big political _parties had made their nominations for President and Vice President, had the following to say:

As between Mr. Davis ann President Coolidge, it is hard to discern much difference. Essentially the .Democratic and the Republican nomine s for .the Presidency stand for the same thing. {Chicago Joumal of Commerce editorial, July 10, 1924.)

.And why should not " big business" have been satisfied with the nomination of Mr. Davis:

.According to the pamphlet issued by the La Follette-Wheeler progressive headqual!'ters, and entitled "The -.wan Street Twins":

J. ·w. Davis, nemocratic nominee for the Pre idency, has been attorney fol' J. P. Morgan & Co., Erie 'Railroad, Guaranty Trust Co., Standard • Oil Co., New York TeJephone Co., Coffee Trust.

At the time of his nomination he was director of National 'Bank of Commerce, United Stat~ ·Rubber Co., Santa Fe Railroad. (This road obtained an injunction durl.ng "the recent ·-shQpmen's strike and N!Si ted to the bitter end th~ Baltimore & , Ohio settlement.) He appeared as attorney in the Coronado case ~t the Uniteq Mine Wor..k:ers.

This identity of the two old parties has always been recognized by the socialists of the United States.

And that is one reason. why the socialists so whole-heartedly supported the progressive movement and the nomination of. RoBERT M. :LA FoLLETTE, especially since in his statement and platform, presented on July 4, 1924, -to the progressive conference a:t Cleveland, to which conference 1 was a delegate, Senator LA FoLLETTE said the following:

After long experience in public life and painstakin.g consideration of the present state of public a.ffairs I am convinced that the time has come for a militant political movement, independent of the two old party organizations and responsive to the needs and sentiments of the common people.

The rank and file of the membership of both old parties is progressive. But through a vicious and undemocratic convention Bystem and under the evil in1luences which haTe been permitted to thrive at Washington, both .party organizations ha.ve f.aUen under the domination and control of corrupt wealtl), devoting the p<~wera ot government exclusively to selfish special interests.

An analysis of the platforms adopted by the two old parties will lihow that the r n l issues have been ignored and .that the eandidate of -either party, if elected, will go into office with no .spectflc pledges whatsoever binding him to the people, while he will be under the most

-

2804 CONGRESSIONAL -RECORD-HOUSE JANUARY 31

immediate necessity and obli~ation of serving the party bosses and predatory interests to whom he owes his nomination and upon whom he must rely for election.

From 1912 until the present time no honest or continuous effort has been mll.de by a single administration, either Republican or Democratic, to protect the American people from the exactions of private monopoly by enforcement of the criminal sections of the antitrust laws. These sections should and must be enforced if the power of corrupt lm iness is to be broken.

While the Democratic party went into office pledged to destroy monopoly by civil and criminal prosecutions, it withdrew or compromised even the pending civil prosecutions against the trusts during the war and left the American people at the mercy of the greatest profiteers in all .bistory. In the last years of the Democratic administration, under the notorious regime of Attorney General Palmer, monopoly was recognized as beyond the reach of the law, while labor unions, farmers' organizations, and individual citizens daring to assert their constitutional rights against this tyrannical power were singled out for attack and destruction.

In 1920 the people expressed their resentment at their betrayal at the hands of the Democratic Party by defeating it with the greatest popular majority ever cast against a political party in the history of this country.

The hypocrisy of the old parties was never more forcibly illustrated than by a comparison of their platform declarations with the actual records of their representatives in the session of Congress just closed. Professing deep concem for the farmer, reactionary Republicans and Democrats failed to produce a single constructive measure for the relief of agriculture and rejected the only bills which were introduced for this purpose.

Popular government can not long endure in this country without an aggressively progressive party.

I stand for an honest realignment in American politics, confident that the people in November will take such action as will insure the creation of a new party in which all progressives may unite.

If the hour is at hand for the birth of a new political party, the American people next November will register their will and their united purpose by a vote of such magnitude that a new political party will be inevitable.

All this is quoted from the statement and platform of RoBERT M. LA FoLLETTE, independent prog1·e sh-e candidate for President of the United States, and presented on July 4, 1924, to the progres ive conference at Cle-reland, Ohio. It was printed and distributed by the La Follette progressive headquarters in Chicago, and called A New Declaration of Independence. [Laughter.]

I hope that my colleague from Wisconsin [~lr. FREAR], who in his speech delivered on Thursday, January 29, claimed that he had never heard RoBERT 1\1. LA FoLLETTE denounce the two old parties as hopeless, will know better now.

But Senator LA FoLLETTE did not stop there. Speaking in Madison Square Ga1·den, in New York, Septem

ber 25, in the opening speech of the campaign, Senator LA FoLLETTE denounced both "the corrupt and aecadent old parties."

He said that it-bas taken years of betrayal and a long line of shameful abuses on the part of the Democratic and Republican Parties to convince thE- people that they must organize for political action outside both old parties in order to find relief from intolerable political and economic condi· tions.

He continued: Millions of men nnd women of widely different occupations ha>e

reached the deliberate conclusion that both Republican and Democratic Parties as now controlled are the servants and representativc>s not of the people but of the vast aggregations of corporate wealth which dominate both the politics and business of the country,

The policies and the candidates of the Republican and Democratic Parties are as like as two peas in a pod, and for that reason I shall hereafter refer to them in this address as " our opponents."

Again: The best that the Republican Party, for example, can offer with its

present candidate is four years more of misgovernment such as we have witnessed dul'ing the last four years-the same control by powerful private interests, the same cynical bestowal of special privileges on the f:wored few, the same shameful betrayals of the public trust.

~·be policies, appointments, and actions of that administration during its last year, as during its first three, were dictated not by the individuals who happened to occupy the White House but by the forces that control them and dominate the Republican as well as the Democratic Party. The Presidents were merely the servants of the system.

And again: But I reiterate that the question of personal honesty is entirely

aside from the main issue. Vote the Republican ticket and you vote to enthrone the system that controls it for another four years. Vote the Democratic ticket and you vote to enthrone the same system with a difrerent representative in the White House. In either case you vote for four more years of government by the private monopoly f!ystem.

Mr. BROWNE of Wisconsin. Will the gentleman yield? Mr. BERGER.· I will yield to the gentleman after I get

through, but I do not want to be interrupted now. I will give the gentleman all the time he wants. He can ask me questions for an hour, if he cares to, either publicly or pri'mtely. [Laughter.]

Speaking in Newark, N. J., October 9, Senator LA FoLLETTE said: -

Every thoughtful man and woman has completely lost faith in the Republican and Democratic Parties.

Answering the question as to why there should be a new political alignment instead of a continuation of the fight for reform within both parties, Senator LA FoLLETTE declared he had fought 30 years within the Republican Party-to restore It to its original principles-

but he had been unsuccessful, and the party had become-year by year more and more a private thing, the creature of big busine s-

and-to-day it i.s the >est-pocket possession of Wall Street, a mere chattel, which, in the last analysis, half a dozen men dispose of as they wish.

The Democratic Party came off no better. By 1861 it had become, he stated, the-ve~t-pocket possession of the slave-owning, plantation-owning aristocracy of the South, and has remained such ever since.

The Democratic Party-

He said-lost its last vestige of democracy. The Republlcan Party lost its last semblance of freedom. Both the old parties became private things, palsied agencies of the popular will.

To-day the American people, the millions of American people who generously made their sacrifices in the war, are rising as tbey did in 1776 to repudiate the two cynical masks behind which monopoly, privilege, and economic power seek to hide themselves. • • • The people demand a new political alignment and new instruments through which they may express their will.

Senator LA FoLLETTE, speaking in Boston on October 30, said: The policy of imperialism which is now dominating the American Gov

ernment is not due to the control of any particular party. It is not a question of politics. Both parties, Democratic and Republican alike, have been used in subverting the Government and turning it away from the traditional policies of genuine Americanism.

Financial imperialism is the natural and inevitable product of the control of government by the private monopoly system. With the system in power, it has made no difference whether the administration was nominally Republican or nominally Democratic.

Speaking in Minneapolis, Minn., on October 16, Senator LA FoLLETTE aid President Coolidge was nominated for Vice President in 1920 at Chicago because of false propaganda "relative to his actions during the Boston police strike." Also that Coolidge, as Presiding Officer of the Senate, always sided with special privilege, and at one time gave the gavel to an old guardsman "when an especially raw job was to be put over."

He accused Coolidge of being the protector of Fall, Denby, and Daugherty and of not lifting a protesting voice "during the orgy of corruption at Washington."

When I presented to the Senate evidence demonstrating that naval oil reserves were being leased in violation of law and in betrayal of the public trust Calvin Coolidge sat, ~s President of the Senate, 50 feet away. He beard every word.

I could extend these quotations -ad infinitum. However, some of my progressi-re friends-now so busy

crawling into holes and trying to hang onto the Republican Party-may claim that while Senator LA FoLLETTE attacked both old parties, and especially the Republican Party, the other "progressives" are innocent.

Now, I do not know how innocent they all are. 1\lost of the members from Wisconsin made speeches attacking both old parties. So did I.

And they were proud of it at the time. So was I.

1925 CONGRESSIONAL RECORD-HOUSE 2805_ But I am still proud of the fact that I was invited to speak

in eight different States, and spoke to capacity houses, for lloBEI:T M. LA FoLLETTE and the prograssive ticket, while most of the-other gentlemen are now crestfallen.

"Why? Because they are afraid of losing their positions on certain

committees. [Applause.] Some Members even claim that they "did not know" that the Republican Party has been attacked by the progressiyes.

But surely these gentlemen have seen the La Follette-Wheeler campaign textbook called "The Facts."

It was the textbook which speakers for the progressiye candidates used, to which they were to refer in outlining the issues of the campaign. It quotes many of LA FoLLETTE's speeches. It takes up the promises of the Republican Party and relates its betrayals.

The SPEAKER. The time of the gentleman from Wisconsin has expired.

Mr. CHINDBLO:\I. Mr. Speaker, a parliamentary inquiry. The SPitJAKER. The gentleman will state it. Mr. OHINDBLO~f. The Chair announced that the gentle

man bad 20 minute , but the order last evening was for 30 minutes.

'l'he SPEAKER. The calendar says 20 minutes. Mr. ClliNDBLOl\1. But the REcoRD says 30 minutes, and I

distinctly beard that request made last evening. The SPEAKER. If the Chair is mistaken, the Chair will

recognize the gentleman for 10 additional minutes. Mr. BERGER. Referring to the Republican platform prom

ise to bring back balance in the condition between agriculture, commerce, and labor, the textbook says:

The Republican Party has been in complete control of every branch of the Government during the greatest disaster that has ever fallen on American agriculture. Its leaders have done nothing except to devise schemes to plunge the farmers deeper in debt.

Coolidge has not lifted a finger to help agriculture, except to encourage a syndicate of Wall Street bankers to take charge of insolvent banks in the West, thus increasing the power of the money power.

Dawes is one of the Morgan banking gro1o1p that is primarily responsible for the present distress of the farmers.

Referring to the Republican plank for higher and better labor standards, the textbook declares :

The hypocritical "labor plan~" in the Republican platform will not deceive any American workingman.

The workers will not forget Coolidge, the strike breaker; Daugherty, the labor baiter; and Dawes, the outspoken foe of organized labor.

Here also is a pamphlet published by the La Follette-Wheeler progre sive headquarters and distributed in about a million copies. It is called "The Wall Street 'l'wins," and has a wonderful cartoon on its title page, showing Morgan's hands balancing both Coolidge and Dans while Morgan is pulling the string'".

We are a ke<l "Why does Wall Street regard Coolidge us safe"?

This is why: Beca u e in his brief term he has done these things-lie vetoed the soldiers' bonus and the old soldiers' pension bill. lie vetoed a bill increasing the wages of postal employees. lie upheld the Esch-CumDJI.ns law. Be shielded Daugherty and the oil grafters. He supported the Mellon tax bill, which attempted to shift taxes

from " big business " to the people. , He reappointed Mellon as Secretary of the Treasury. Mellon is one

of the richest men in America. Mellon is or was at one time connected with the Pennsylvania Railroad Co., the Aluminum Co. of America, the Gulf Oil Co., and about 60 other large corporations. Among these l\Iellon controls a large number of banks.

He reappointed Weeks as Secretary of War. Weeks is a thoroughgoing reactionary and spokesman of big business. He was formerly connected with the firm Hornblower & Weeks, prominent bankers and brokers.

Ile appointed as Attorney General Harlan F. Stone, a _Wall Street lawyer and director in many large corporations. Mr. Stone was formerly a member of the law firm Satterlee, Canfield & Stone, nnd Mr. Satterlee, of this firm, happens to be a brother-in-law of J. Pierpont Morgan.

He appointed as special counsel in the prosecution of the oil grafters two men-Gregory and Strawn-both of whom had to be withdrawn because of their oil affiliations.

He has appointed to offices of trust men known to be in the employ of the worst trusts and combinations in this country. The financial support of Mr. Coolidge in this campaign will come from the same

LXVI-178

sources as in the last campaign-from those who profit by special1

favor of government. He is safe. sane, silent, cool, and calculating for the benefit of those who exploit the people through their Government. This, in brief, is the record of our President in his short term of office. It gives no promise of improvement.

Watch whom Wall Street is supporting for President. • • • • •

NOW LOOK AT THE RECORD OF DAWES, HIS RU~~I~G MATE

Mr. Dawes is the handyman of the international bankers of Wall Street. lie is the man they sent to Em·ope. Morgan is kept in the background as the advisory man.

lie i chairman or the board of directors of the Central Trust Co. of Illinois and connected with other large corporations. ·

He is for the open shop. He has attacked the Sherman antitrust law. Ile has -riciously attacked Congress, when the latter was investigat

ing his activities as purchasing agent for the American Army in France.

He has upheld the issuance of injunctions against labor. He helped make it possible for Mr. Lorimer to defraud thousands

of people in the famous La Salle Street Trust & Savings 1;3ank. This bank was started by l\Ir. Lorimer in 1910 as a national bank with ll

capital of $1,000,000 and a surplus of $250,000. The bank engaged in a number of frauds and met with criticism from officers of the Comptroller of the Currency. To escape liquidation Mr. Lorimer decided to make his bank a State bank. The Illinois law however demands that before any State bank may commence business,' its capitai and surplus must be in cash and must be counted by the State auditor. l\Ir. Lorimer appealed to Charles G. Dawes, then president of the Central Trust Co., for the necessary sum of $1,250,000 for the above purpose. Dawes furnished that amount to Lorimer, which was counted by the State auditor. After this Lorimer returned the money to Dawes. Lorimer's bank was thus enabled to begin business, but two years later it went bankrupt. Over 4,000 depositors lost about $2,000,-000 through the fraudulent organization and operation of the bank. The Illinoi Supreme Court has just rendered a verdict against Dawes's bank. ~

Now, I will ask my progre. sh·e friends from Wiscon in whether they still hold the same opinion of Coolidge and Dawes that they proclaimed up to November 4, 1924?

And if they do-what husine s have they in the Republican Party? [Applause.]

The Republicans elected Mr. Coolidge and Mr. Dawes with the unprecedented majority of 7,000,000 votes over their Democratic opponents; and with a majority of about 11,000.000 Votes over LA FOLLETTE and WHEELER. .

And has anything happened since November 4, last year, to make my colleagues change their opinion about Coolidge and Dawes?

And what is it that has happened? Are Coolidge and Dawes more radical to-day than they were

on November 4, 1924? Do they support any of the measures advocated by the progressiyes in the Cleveland platform?

Are Coolidge and Dawes less under Wall Street domination than they were last summer and up to Noyember 4, 1924 ac-cording to my "Progress-if" friends? '

But even on November 5, the distinguished national chairman of the La Follette-Wheeler campaign committee 1\Ir. NELso~ of Wisconsin, issued the folowing statement: ' ·

President Coolidge was elected, but the victory of the campaign goes to the progressives.

We couldn't lose in this campaign. We have everything to win and we won.

We b.rought a new spirit, a new life stream, into American politics. We have made glorious history.

The progressive movement will go on unabated and ever more successful.

Two years from now . we will have not only the balance of power in Congress but the actual numerical control.

The <lay of straddling the fence is over as far as national issues are concerned.

The next battle will be two years hence in the congressional election. Gird your loins, friends ! We won this time. We will clean house next time. The fight is just begun, November 4 was the first battle of the

struggle for progress which, though long it may appear, was yet won. -

I am sorry that I must admit that our peerless leader, my distinguished friend, l\lr. NELsoN, has wobbled considerably at times-since that strong pronunciamento of November 5. Never· theless, with the kind help of the vigorous push on the part of the stalwart Republicans, Mr. NELSON stayed on the firing line and remained a progressive. Let us hope he will stay for. good.

2806 CONGRESSIONAL_ RECORD-HOUSE JANUARY 31

That story of Magdalene is a beautiful story-! agree with the gentleman from Indiana [1\Ir. WooD].

But the role of a Magdalene fits badly a champion of progress-a fighter for a new idea. Now~ I do not want to throw any stones, ·but we have a plain English word for that kind of girl.

Now, do not misunderstand me, gentlemen. I do not say all thi because I want to take away these war;riors from the Republican Party-or from the Democratic Party, for that matter-and add them to the socialist hosts. Not at all.

After the experiences we had with some of th~se gentlemen this year we will have to look them over individually and examine them closely before we would admit them to memoorship in the Socialist Party [laughter]-even · if they should apply, which I do not believe they will-because there are no fie h pots in the socialist political desert. [Laughter.]

I am not a Republican nor a Democrat. I have never belonged to either of the two old political parties. I have always been a political protestant, and a member of the Socialist Party ever since there was one.

And we socialists have never sailed under false colors. Everyone always knew where we stood politically. I have also paid the price in full of pioneering for a new idea.

Any man who claims to be a progressive, who claims to stand for reforms and progress, ought to be willing to pay the price. If n{)t, then he is a weakling.

Especially in this case, the price these gentlemen are asked to pay is insignificant as to be almost ridicul-ous-the loss of position on committees.

The Republicans have a right to control their own organization. The Republicans have a right to decide who -is to represent their views on committees.

The SPEAKER. The time of the gentleman from Wisconsin has again expired.

1\lr. BERGER. Mr. Speaker, may I have two more minutes? Mr. UNDERHILL. Mr. Speaker, I ask unanimous consent

that the gentleman be granted four additlf>nal minutes. The SPEAKER. The gentleman from Massachusetts asks

unanimous consent that the gentleman from Wisconsin may have four additional minutes. Is there objection?

There was no objection. 1\Ir. BERGER. Now, let me ask my progressive friends in

all candor: What would have happened to the gentleman from Ohio [Mr. Lo~GWORTH], or to the gentleman from New York [Mr. SNELL], or to the gentleman from Indiana [Mr. Woon], if RoBERT M. LA FoLLETTE had been elected President and the progre sives would have had control of the House?

Would the progressive party have .taken the gentlemen I have named to its political bosom, put them on important committees, and told them they were good boys and all was forgh·en?

How much reward would even the gentleman from Texas [Mr. GARNER] expect for having been a trusted friend and ally in the tax reduction battle? Why, I believe that they would not even think of rewarding the gentleman from Texas [Mr. BLANTON].

The excerpts you have heard could oo multiplied a hundredfold. They plainly prove that these gentlemen are no more Republicans than I am.

As a matter of fact, we stood on the same platform, at the last national election. We preached the same rebellion in the last national campaign.

Only with this difference: I still stand where I stood last summer. If I ever would change ~Y political faith, I would do it without ''"if8" and "ands."

I do not intend to sneak into the Republican Party. I ask no favors from the Republican Party. [Applause.]

I am satisfied with the recognition to which I am entitled as a spokesman of a party and of a movement that polled 5,000,000 votes last November. [Applause.]

Howe¥er, much more important is the fact that the common people, the workers, the farmers, the small business men~ can expect no relief whatsoever as long as the progressive movement is the tail end of either of the two capitalistic parties and receives, in the last analysis, its inspiration and dictation from "big business."

Notwithstanding my sympathy with some of the efforts of my progressive friends, I am free to say that their position always was inconsistent-and that it always was politically d-ishonest.

They were sailing nnder a false fiag and were using false labels. And they need not be surprised if they l-ose the conti.denee and the respect of the voters of both sides--of the C'onservatives and of the progressives.

These gentlemen should remember 1Esop's fable of the bat. Especially my colleague from Wisconsin [1\lr. FREAR] ought also to remember what the farmers of his district do to the bat. [Applause.]

I thank you one and all. [Applause.] I still have two minutes, I believe, and will be glad to answer any questions.

Mr. TINCHER Mr. Speaker, I ask unanimous consent to proceed for 10 minutes.

The SPEAKER. The gentleman from Kansas asks unanimous consent to proceed for 10 minutes. Is there objection?

1\lr. BERGER. Mr. Speaker, I have not yielded the ftoor because I believe I have two more minutes.

The SPEAKER. The Chair thought the gentleman had yielded the floor.

Mr. BERGER. No, sir. Mr. FREAR. l\Ir. Speaker, I ask unanimous consent to

speak for five minutes. The SPEAKER. The gentleman from Wisconsin still has

the floor. Mr. UNDERHILL. Will the gentleman from Wisconsin

yield to me? Mr. BERGER. Yes; for a question. Mr. UNDERIDLL. We might sum up the whole Elpeech of

the gentleman in the refrain of the popular song of the day, "Big Bad Bill Is Sweet William Now."

Mr. BERGER. Well, that was not a question. [Laughter.] Mr. TINCHER. .Mr. Speaker, I ask unanimous consent to

proceed for 10 minutes. The SPEAKER. The gentleman from Kansas asks unani

mous con ent to address the House for 10 minutes. Is there objection?

There was no objection. F.AR.M RELIEF LEGISLATION

1\!r. TINCHER. Mr. Speaker and gentlemen of the House, it is not my purpose to take any part in the discussion between the gentleman who bas just left the floor and his associates in the recent campaign. I propose to talk about something that will oo before the Congress, I hope, at this session, something that affords us an. opportunity, at least, to do something in a constructive way for a class of people that needs some help.

The President appointed a commission o-n agriculture. I had hoped by reason of the fact that that commission was bipartisan and was not a partisan commission, that its work would not be treated in a political way, and I still have confidence that the leadership on this side of the House will not permit the work of the agricultural commis ion, which has been working here, to be treated, and will not treat it, in a partisan way.

I am disappointed, it is true, that certain members of the great Committee o-n Agriculture have from the start seemed to deem it their duty to speak with the utmost disrespect and to cast every slur and aspersion they could on the work of the commission.

The commission has repocted to the Congress. They have . recommended that we enact into law certain measures. and

, before we adjourn and in time for these measures to be considered, certain committees of the Congress will report them back t() the Congress for a vote. I shall not attempt to answer certain portions of the speech that was made this morning because I do not believe that certain remarks that were made on this floor this morning are parliamentary, and I doubt whether they are within the rules of the House. I might say that if anyone was charged last fall with attempting to make hay, the hay we.s made and the effort was a success; but we are confronted now with definite recommendations, and one of them particularly appeals to me.

The industry of livestock is on its back and the Agricultural Commission has made a recommendation that will put it on its feet. They have asked for action on the part of Congress that will relieve it, and I want the membership on the Democratic side of the House before they conclude to follow my ambitious friend from Texas [Mr. JoNES] to consult with snch men as GARNER and HUDSPETH on the subject of whether or not we should carey the recommendation of this commission into the form of legislation or treat it as a political football [Ap-plause.]

Mr. JONES. Will the gentleman yield? :Mr. TINCHER. Yes; I will yield, always. Mr. JONES. I just want to suggest that on the main thing

th-e commission discusses, cooperative marketing, if th.at commission will really say what it is for, if it is constitutional, I will be glad to support it.

Mr. TINCHER. A commission appointed by the President or lJy anyone else can not give understanding to men. I submit

1925 CONGRESSIONAL RECORD-HOUSE 2807 that any man who wants to study the subject of cooperative I Americ~n States, will be held at Santiago, Chile, in September, marketing for one hour can understand exactly what the com- 1925. A copy of the proposed agenda of the conference is an-mis ion has a ked Congress to enact. nexed to the report.

l\lr. JOi~;"'ES. 'Yhat bill does it recommend on that? . I request of Congress legislation authorizing and providing The SPEAKER. The gentleman can not interrupt mthout an _appropriation of $24,230 for the expenses of delegates of the

fil'. t getting permis ion of the gentleman having the :floor. Umted States, and tlieir clerical and other a sistants to the 1\Ir. TINCHER. I will say to my friend I can not convey to said conference, in accordance with the budget incorpo~ated iu

him understanding. the Secretary of State's report. Mr. JONES. I a:k the gentleman then to convey it to the The attention of Congress is invited to the interest shown

Hou e. This House has to act on it. in this conference by educators in the United States as illus-l\Ir. TINCHER. The Committee on Agriculture, perhaps, trated in the memorandum accompanying the Secretary of

with the sanction of my friend, the gentleman from Texas, will State's report. bring before Congress at the proper time the bill recommended by the agricultural conference, and I submit again that I hope before a.ny Member on this side is led into being carried off by political prejudice against the President by the unwarranted attack on him this morning, he will read the report for himself and will not let my friend construe it for him ; and if you are not competent to read it your elf, I hope you .will ask your di. tinguished colleague, the gentleman from Texas [Mr. HUDSPETH], who has read it, who worked with the commission, who is interested in the industry, and who will tell you what it means. [Applause.]

Mr. JO:I\"TES. Now will the gentleman yield? Mr. TINCHER. I am like some of the other men who ha\e

spoken here. Our campaign is O\er, and it is up to this Congre s, without any partisan politics, to do the best it can. I believe, and I belie\e I speak the sentiment of 90 per cent of the people of the United States when I say that the President of the United States ha not assembled any commission or made any recommendation to Congress for legislation for the American farmer for political effect, and this is the first time a member of the great Committee on Agriculture of this House, when an important matter was referred to it, has rushed in to the floor of the House and tried to give it a political angle before taking any action itself. We have set next Monday. morning as the time to hear witnesses on the recommendations of the commission, and I hope between now and that time my distinguished friend who condemns any man wearing overalls and a \'i'hite shirt and still puts into his speech a little story about Pete and l\1ike will see the light and attend the hearing.

If I were technical, I should say that he had no right to mention Pete and Mike with a white shirt on. I do not care what kind of a shirt he wears. I hope he will attend the hearing~, and if not· able to understand what the commission wants he will comprehend it before we bring it here for legislation and that we may act on the commission's report without any politics being considered. Already as a result of the commission's action we have had some legislation. Since last June the only chairman of the other body of the political party of my friend from Texa ha held up the recommendation of the President of the United States, has held up the recommendation of the Congress, has held a conference i·eport without presenting it. On the recommendation of this commission, on the recommendation of the President of the United States again calling it to his attention, the day that he read the commission's I'cport he took that resolution from the Vice President's table and had it adopted, and perhaps it is law by this time.

That one thing alone to the American farmer is worth the paltry $50,000 that Congress approprlated for the commission. If we do not have to give but one excuse for Coolidge's commi sion, the fact that we got into law one bill while Congress was held up by one Democratic United States Senator, the money will be well expended.

I do not want Congress to treat the report in a partisan way. I shall not go into any details concerning the attack on our President. I have for our President the highest regard that one man can have for another, but out of deference to the rules of this House: which, in my judgment, were trampled under foot this morning, I decline to mention the insinuations ca t upo11; him in the speech of the gentleman from Texas. [Applause on the Republican side.]

PAN .AMERICA"N EDUCATIONAL CONFERE~CE (S. DOC. NO. 191)

The SPEAKER laid before the House the following message from the President of the United States, which was read and, with accompanying papers, referred to the Committee on Foreign Affairs: Tl" O.e Congress of the United States:

I transmit herewith a report by the Secretary of State, concerning participation by the Government of the United States in the Pan American educational conference which, in pursuance of a resolution of the Fifth International Conference of

THE WHITE HousE, CALVIN CooLIDGE.

Washington, Janttary 31, 1925.

INDEPENDE~T OFFICES APPTIOPRIATION BILL 1\Ir. WOOD. Mr. Speaker, I move that the House resolve

itself into the Committee of the Whole Hou e on the state of the Union for the further con ideration of the bill H. R. 11505, the independent offices appropriation bill.

The SPEAKER. The gentleman from Indiana moves that the House resolve itself into the Committee of the Whole House on the state of the Union for the further consideration of the bill H. R. 11505.

The motion was agreed to. Accordingly the House re olved itself into the Committee of

the Whole House on the state of the U.nion, with l\Ir. CHINDBLOM in the chair.

The CHAIRMAN. The House is in Committee of the Whole House on the state of the Union for the further cons!deration of the bill H. R. 11505, and the Clerk will proceed with the reading of the bill. ·

The Clerk read as follows : Collections : For the collection of money due from the sale ot real

and other property under the provision of the act approved July 19, 1919, the collection of rentals from unsold properties, including necessary office and travel expenses outside of the District of Columbia, $32,000.

1\Ir. DEAL. 1\Ir. Chairman, I move to strike out the last word. On yesterday afternoon I ·-·as speaking to the question of the Housing Corporation. 1 '· .;elt at that time upon its activities in transportation. I desire this morning to refer to its activities in real estate. During the war there were authorized several projects known as the building projects of the Housing Corporation. 'l'wo of these projects were located in the district that I have the honor to represent. One was for hou ing of the white help employed in Government activities and the other to provide housing for the colored people. These houses were built by the Government, hastily constructed, and without due care or provision for their permanency. They were sold to the workmen in our navy yards principally at a time when they could not secure housing facilities in any other way. It was ·a case of compulsion, so to speak, on the part of the laborers and mechanics to purchase these houses because they could not otherwise fiD:d accommodations.

The prices fixed on the property were in accordance with the cost of erection. When the war was over we discharged in large numbers the help that was employed in the Government activities. There was no other employment which could be secured by these people and they found themselves in the po ition of having paid in part for their houses and without employment or means to continue the payments on the deferred plan. Relief was needed for these people, and these projects, like many other war projects, should have in part been written off as profit and loss. Eventually that is what the Government will have to do.

To protect the people in my district I introduced a bill for their relief which authorized the Secretary of Labor to reappraise these properties and make concessions in the prices that would enable the purchasers to continue their payments and not lose all they had already invested. The committee held hearings and considered the bill.

However, like all other committees of this House-and I say it with the utmost respect and deference-this committee still waited for the particular department of the Government to which these projects were allocated to tell them what to do, and my friend from Oklahoma [Mr. McKEOWN] will tell you how much chance we had of getting that bill out of the committee, because no department of our Government or bureau seems ever willing to close up its activities and thereby find itself without a job. The Secretary of Labor called in the president of the Housing Corporation, and the Housing

2808 OONGRESSION AL RECORD-HOUSE JANUARY 31

Corporation wrote down to my district to the man in charge o.f this particular project, or one of these projects, and asked him what he must do.

The CHAIRMAN (1\fr. TILso~). The time of the gentleman from Virginia has expired.

l\lr. DEAL. Mr. Chairman, I ask unanimous consent to pro-ceed for fi:ve minutes more.

The CHAIRMAl~. Is there objection? There was no objection. l.Ir. WOOD. Mr. Chairman, I move that at the end of five

minutes debate on the paragraph and all amendments thereto shall close.

The motion was agreed to. Mr. DEAL. Mr. Chairman, the report made to the com

mittee as a result of this reference to the party in charge in my disb.'ict the Secretary of Labor disapproved the bill that I had introduced. The party who made the report to the Secretary of Labor within six months defaulted and absconded. His report contradicted every statement that 1 had made with reference to this housing project. Time went on, and the project that was set apart for the colored help proved a failure to . uch an extent that the housing corporation decided to sell it. Therefore they advertised for bids. A firm in my district made a bid for the property, and it was agreed to accept the offer, but for some reason it was held up and was not confirmed. (l'hese people sent their attorney to Washington, who requested me to go with him to ·see the Secretary. We laid the matter before the Secretary of Labor. He called in the president of the Housing Corporation and ordered him to comply with the contract he had made. 1\ly friend felt that he bad accomplished all he desired and so expressed himself. I reminded him, however. that that order might be rescinded before sunset. It was rescinded within two hours and an order is ued to readvertise and sell, with the result that some other firm bidding on the judgment of those who had previously bid t'aised the price a few thousand dollars and secured the propeTty. It was sold and liquidated, and the Government 'is relie\ed of that project.

There is no reason why the other project should not have been disposed of in some way, but every effort that has been made for the relief of my people has been thwarted until I am constrained to believe that it is the purpose of the Housing Corporation .to hold onto these projects as long as possible in order to continue the life of the corporation. The president says in his report that he can not do .anything, that he is restricted by the rulings <lf the Attorney General and the Comptroller General. If he were really desirous '<>f liquidating the project and giving relief to the purchasers, I have a bill before the Committee on Public Buildings and Grounds which would authorize him to make concessions and close the whole matter in a short time. I can not get a report from that committee because the Housing Corporation will not recommend the passage of the bill. I would move an amendment to dispose of this property arbitrarily, but I do not think that could be done with due regard to the interest of the unfortunate purchasers. rt must be done in a businesslike manner. I merely want to bring this matter to the attention of the House, because I have been unable to get any action from the committee after four years of effort, nor have I been able to get any satisfaction from the Housing Corpora-tion.

1\Ir. BYRNS of Tennessee. Mr. Chairman, will the gentle-man yield?

Mr. DEAL. Yes. Mr. BYRNS of Tennessee. As I understand, it requires

legislation before the Housing Corporation can sell? In other word ' , they have to have authorization of law?

Mr. DEAL. , I think they have that authorization, because they sold one of the projects.

Mr. BYRNS of Tennessee. Why the necessity for your bill? 1\fr. DEAL. Because they refused to act, .and my purpose

was not to authorize them to sell it but to make reasouable concessions to those who have :purchased homes which are not now worth the war-time prices agreed and they would rather lose the amounts paid up than to pay the residue. 1\Iany of them can not pay, but they are holding on in the hope that some relief may be afforded.

Mr. BYRNS of Tennessee. Do I understand the gentleman to say that a majority of the committee refuses to act merely because the Housblg Corpol'ation objects?

l\1r. DEAI..J. They have objected, but the gentleman knows as well as I do that when a department of the Government reports adversely on a bill to a committee it is a very difficult matter to o,~ercome that ·adverse report.

. I\Ir. BYRNS of Tennessee. I appreciate that, and I know that the gentleman, who is one of the most useful and influential ¥elll:bers of the House, has done everything he could to get h1s bill through. I am merely wondering why a committee is controlled in that way, if there are not other facts justifying its action.

Mr. DEAL. We are all wondering why a committee is con-trolled in that way. ·

The ~HAIRMAN. The time of the gentleman from Virginia has expired. Without objection, the pro forma amendment will be withdrawn, and the Clerk will read.

~rhe Clerk read as follows: No part of the appropriations heretofore made and available for

expenditure by the United States Housing Corporation shall be upended for the purposes for which appropriations are made herein.

Mr. BLANTON. Mr. Chairman, I move to strike out the last word for the purpose of getting some information about this item. On page 15, line 17, we appropriate $74315 for rent of the ground on which these Government hotel; stand. Is the $7 4,315 taken into consideration in fixing the boarding charges at these hotels?

Mr. WOOD. It is. Mr. BLANTON. Is that paid out of the income of the hotels? Mr. WOOD. Yes. Mr. BLANTON. Is that a loss to the Government?

. ~r: WOOD. It is a partial loss. The charges against the mdiVIdual occupants for the purpose of raising this amount were increased and the revenue thus received applied to the payment of this ground rent.

Mr. BLA~'TON. I take this occasion to remind the gentleman that, after all, the facilities that we offer in these Government hotels are not altogether appreciated, because on the 1at of January there were over 100 vacancies which could not be filled where Government workers could go and occupy the 'rooms if they wanted to do so. However, they prefer private accommodations. The same situation existed on the 1st day of January, 1924, a year ago.

There were over 100 vacancies. I think the time ought to come soon when we get out of this hotel business. I hope that this will be the last year that we will furnish hotels by the Government to anybody.

Mr. WOOD. If the gentleman from Texas will join 'with a desire, I think, of a majority of this Congress in trying to induce those who can supply and whose duty ought to be to supply for these people, -we will that much sooner get rid ol these hotels.

Mr. BLANTON. I think before the House adjourns the problem is going to be met by passing a law licensing every real-estate agent and realtor in the District of Columbia providing that if they go outside of the ethics of the bu~iness profession here the license can be taken away from them; and we will stop, I hope, the pyramiding of loans on real estate beyond their proper value, and that we will cause the real consideration to be placed in deeds and deeds of trust, and where we will cause each instrument of that kind to state what prior liens exist, and where we can prevent a concert of action among two or more persons for the purpose of trying to raise the rents. I think that by passing such legislation we will meet the situation and remedy it by getting back to supply and demand here.

1\Ir. WOOD. I hope that is true, and I am glad the gentleman from Texas has mentioned the fact that some relief is needed.

1\tr. BLANTON. I have just such bills pending before the joint session of the House and Senate committees now, and I am pushing them with all my might and main, but the trouble is that the parties who want a Bolshevik rent law passed are not considering constructive measures. They are preferring a Bolshevik remedy.

Mr. WOOD. And upon the other hand, the gentlemen .who are inclined to still pursue their desire and endeavor are taking advantage of the gentleman's attitude and doing the very thing he wishes to prevent.

:Mr. BLANTON. They are taking advantage, but I am hope-ful before the year rolls around that a stable condition will

· exist here again and we can get a way from this Government hotel business.

Mr. MORTON D. HULL. Will the gentleman yield? 1\Ir. BLANTON. I will. Mr. MO.R'rON D. HULL. Could the gentleman inform us

how many individual lessees there are recei\ing accommodation in the Government hotels?

Mr. BLAJ'.-'fTON. I think between 1,300 and 1,400.

1925 OOXGRESSION AL RECORD-HOUSE 28fl9. llr. WOOD. About 1,300. ::.Ur. BL.AJ.'ITON. My impression was that it was a larger

number; but if the gentleman says it is 1,300, I am sure he is correct. ·

The CHAIRMAN. The time of the gentleman has expired. 'Vitbout objection. the pro forma amendment will be considered as withdrawn, and the Clerk will read.

The Clerk read as follows : To enable the Interstate Commerce Commission to enforce compliance

with section 20 and other sections of the act to regulate commerce as amended by the act approved June 29, 1906, and as amended by the transportation act, 1920, including the employment of necessary special accounting agents or examiners, and including per diem in lieu of subsistence when allowed pursuant to section 13 of the sundry civil appropriation act approved August 1, 1914, $1,189,250, of which amount not to exceed ..,200,000 may be expended for personal service in the District of Columbia.

Mr. BLANTON. Mr. Chairman, I make a point of order against the paragraph that it is legislation unauthorized by law.

Mr. WOOD. Mr. Chairman, the paragraph to which the gentleman refers is authorized by law, and it is only by virtue of the law that this appropriation is made. It sets forth upon the· face of the paragraph that it is authorized by law, the act of June 29, 1906.

The CHAIRMAN (.Mr. SNELL). Has the gentleman from Texas anything further in reply to what the gentleman from Indiana bas stated, that this appropriation is in pursuance of the fundamental law?

Mr. BLANTON. Mr. Chairman, I submit to the Chairman there are provisions in this paragraph which-! am sorry the regular Chairman of the committee is not now occupying the Chair, because he is familiar with this whole proposition-but, of course there is no law which permits this $1,189,250 to be thus exp~nded. It does not permit the special accounting agents and examiners to be appointed.

The CHAIRMAN. The Chair thinks under the circumstances the gentleman better ask unanimous consent to pass it over for the present until the regular Chairman resumes the chair.

Mr. WOOD. There is no occasion for passing it over. The law authorized the creation--

Mr. BLANTON. I submit it to the Chair, and if the Ohair agrees with the gentleman from Indiana, that is all right.

The CHAIRMAN. Has the gentleman from Indiana a copy of the law?

Mr. WOOD. It is set out in forming this bill. 1\fr 1\TEWTON of Minnesota. lli. Chairman, I do not see

wher~ there is anything to the point of order. Here is an appropriation that refers. specifically to the Hepburn Act, which was the o1iginal act, and then later to the amendment to the Hepburn Act, which was the tra.nsportatio~ act, and refers to the employment of necessary special accountmg agents or examiners. Well, of course, accountants and examiners are neces ary for the carrying out of the duties of the act They comprise a considerable portion of the officers and employees of the Interstate Commerce Co=nmisslon, and it d~es not appear to me right, upon the face of the appropriation, that there is anything to the point of order.

The CHAIRMAN. The Chair is ready to rule. The point of order i overruled.

1\lr. WHITE of Kansas. Mr. Chairman, I move to strike out the last line. 1\Ir. Chairman and gentlemen of the committee, I make this pro forma motion to call the attention of the committee to the words in the report found on page 9:

Under the law the railroads may file a tariff, which may be suspended by the commission on its own initiative or upon the complaint of any hipper. The law requires that this suspension be for a period of 120 days (with a possible extension_ of 30 days), and of nece sity the commission nrust postpone other matters to investigate the pro· posed ra.te . This has resulted in such a congestion of the formal docket that it now takes almost 600 days to dispose of a complaint and answer case, which is a hardship upon the shipper. It has also been the custom in previous years to send examiners out to handle rate cases near the home of the shipper, but lately it has been necessary to hold many of these hearings in Washington, and since July 1, 1924, more than a hundred such bearings have been held here. Shipper representatives numbering more than 1,200 attended, and this expense could be eliminated by providing additional examiners. After careful consideration the committee believes that the appropriation of 2,318,660 recommended in the accompanying bill is necessary to enable the Interstate Commerce Commission to bring its general work current and give the character of service to which the. shippers are entitled.

And, I take it that the chairman of the committee intended to convey the idea that the $2,318,660 would facilitate the prompt hearing of these complaints, these rate questions. I think he makes that clear in the concluding paragraph or sentence of the statement:

It would enable tbe Interstate Commerce Commission to bring its general work current.

I would like now to call the attention of this committee to the situation developed subsequent to the return of the trans· portation systems to their owners.

I refer to Ex parte 74, increasing the rates approximately 35 per cent on all classes of traffic handled by the carriers in the United States was made e very short time thereafter. Now, there is an old idea prevalent among the carriers, a rule simply that the rate should be all that the traffic would bear and move. A member of the Interstate Commerce Commission has i.nterpreted the present attitude of the commission to be, ascertain what the traffic will bear and continue to prosper.

Now I want to call the attention of the committee to an instance with which I am familiar, having given it careful inY"estigation. It was found, subsequent to the assessment of that rate granting 35 per cent additional, that--

The CHAIRMAN. The time of the gentleman from Kansas bas expired.

Mr. WHITE of Kansas. ~Ir. Chairman, I ask unanimous consent to proceed for five minutes additional.

The CHAIRMAN. The gentJ.eman from Kansas asks unanimous consent to proceed for five minutes additional. Is there objection? ·

There was no objection. Mr. WHITE of Kansas. It was shown in the hearings and

in the evidence filed by the Western States, the chairman of the utilities commission of the State of Kansas and . other States intervening, that the rate on bay was a rate that absolutely paralyzed and extinguished the business; that 46,000 cars of hay passed through Kansas City the year immediately previous to the time this rate was enforced, and immediately the year following but 19,000 cars of hay were handled through the markets of Kansas City.

Now the situation was such, the effect upon that traffic was so apparent, it was so clearly shown to the Interstate Commerce Commission by the evidence produced in that case that the rate assessed was unfair, that they promptly reduced that rate on that and some other basic commodities in order to bring them into a proper relation to other traffic.

The effect of that was to some extent to stimulate the transportation of hay and, of course, of grain and grain products.

But what I want to call to the attention of the committee is the fact that this reduction was made on the basis of the proposition that it would bring the rates on those products into line with the rates on other traffic; that the rates were out of line. In a speech I made in the last session of this Congress I drew m...v citations from the records of the Interstate Commerce Commission to establish that statement. But that is not so much the line I em arguing as this proposition concretely, that after that rate was made the only general rate reduction which bas been ordered since the return of the transportation companies to their owners is a 10 per cent reduction, and from that general reduction grain and grain products and hay were excepted. That rate was not made applicable to those products.

Now the proposition here is this : The chairman of the subcommittee has recommend,ed this increase in the appropriation. I know bow difficult it is to •get an increase over the recommendation of the Budget Bureau. I do not know what opposition bas developed against this increase, if there be any. But I want to say, Mr. Chairman and gentlemen, that another complaint was filed subsequently, in which all the States west of the Missouri RiY"er joined, asking that this 10 per cent reduction be made to apply to these products.

Now, gentlemen of the committee, I want to call your attention to what the chairman of the subcommittee had made allu ion to in his report. That question was argued here in Washington for many, many weeks, and--

The CHAIRMAN. The time of the gentleman from Kansas has again expired.

Mr. WHITE of Kansas. Mr. Chairman, I ask unanimous consent for five minutes additional, if I may.

The CHAIRMAN. The gentleman from Kansas asks unanimous consent for five minutes additional. Is there objection?

There was no objection. Mr. WHITE of Kansas. As the chairman stated, more than

1,200 witnesses attended tho ... e hearings. Tho ·e hearings dragged their slow length along ; examiners were sent to Kansas City on that important case, and although it was

'2810 OONGRESSION AL REOOR.D-HOUSE JANUARY 31

finally decided adversely, it affected some of the greatest :utides of commerce in thi country, grain and grain products and hay. It was not decided until almost two years from the time and the date on which the complaints were filed with the In~er"tate Commerce Commission.

Mr. McKEOWN. Mr. Chairman, will the gentleman yield? Mr. WHITE of Kansas. Yes. Mr. McKEOWN. The delay in that case is in keeping with

the delay in taking off this iniquitous surcharge for Pullman service.

Mr. WHITE of Kansas. I have thought a great deal about that, but I did not ri e to discuss it. I agree with the gentleman. But I am not here to criticise the Interstate Commerce Commission. I haYe insisted, and I now insist, that the rates on grain products and hay are discriminatory, unreasonable, and out of line with the rates on all other traffic. The rates on grain and grain products and hay compared are as 190 to 143 compared with all the traffic carried by the transportation companies of this country.

Mr. HUDSPETH. Mr. Chairman, will the gentleman yield? Mr. WHITE of Kansas. Yes. Mr. HUDSPETH. I do not know whether the gentleman

would like to discuss it or not, but does not the gentleman also think that the rates on livestock are out of line?

Mr. WHITE of Kansas. Yes; I think so. I hope this committee will give the increase that the chair

man of the subcommittee has asked for, notwithstanding the Budget recommendation. I b~lieve, gentlemen of the committee, that this is the first time in my experience of six years in this House that I eYer stood on this floor and asked for an increase above the recommendations of the Budget. I might say further, in one single word, gentlemen, that if there is any product of American industry that may come with justification and ask for special consideration at the hands of the American Congress or at the hands of the Interstate Commerce Commis ion it would be the products of agriculture . upon which our liYes actually depend. But I do not so ask. I ask only that they may have a square deal in comparison with the other traffic carried by the transportation companies of this country. [Applause.]

The pro forma amendment was withdrawn. The Clerk read as follows : Te enable the Interstate Commerce Commission to keep informed

regarding and to enforce compliance with acts to promote the safety of employees and travelers upon railroads; the act requiring common carriers to make reports of accidents and authorizing investigations thereof; and to enable the Interstate Commerce Commission to in· vestigate and test block-signal and train-control systems and appliances intended to promote the safety of railway operation, as authorized by the joint resolution approved June 30, 1906, and the provision of the sundry civil act approved May 27, 1908, including the employment of a chief inspector at $6,000 per annum, and two assistant chief inspectors at $5,000 each per annum, and such other inspectors as may be necessary, and for per diem in lieu of subsistence when allowed pursuant to section 13 of the sundry civil appropriation act approved August 1, 1914, $650,000, of which amount not to exceed $200,000 may be expended for personal services in the District of Columbia.

Mr. WOOD. Mr. Chairman, on page 18 I move to strike out the word " chief " in line 5, and the word " inspector " in line 6, and insert in lieu thereof the word "director," and in line 7 strike out the word " inspectors " and insert in lieu thereof the word "directors."

The OHAIRl\1AN. The gentl~man from Indiana offers an amendment, which the Clerk wiU report.

The Clerk read as follows : Amendment offered by Mr. Wooo: Page 18, line 5, strike out the

word " chief," and in line 6 strike out the word " inspector " and insert in lieu thereof the word " director " ; and in line 6, at the end of the line, strike out the word " chief " ; and in line 7 strike out the word " inspectors " and insert in lieu thereof the word " directors."

Mr. BLANTON. Mr. Chairman, I make the point of order that that is legislation upon an appropriation bill unauthorized by Jaw and that it creates new positions not authorized h:v law. If you make these inspectors directors their salaries, under the clas ifieation act, could be quite different from the salaries provided in this bill.

Mr. 'VOOD. No; the only purpose in asking for this change is to correct the titles of the e positions in the approp1iation act.

l\Ir. BLANTON. I know, but there are no such directors now provided for by law.

1\Ir. WOOD. Yes; there are. The CHAIRMAN. Will the gentleman read the law?

Mr. WOOD. They have heretofore been designated as direc· tors and the law creating them proTides--

Mr. BLAl\~ON. 'Vhat law is that? There is no such law. Mr. WOOD. I am referring to section 806~ of the Federal

Code, the act of May 27, 1908. Mr. BLMJTON. That is some appropriation act if it pro-

vides for any directors. ' l\lr. WOOD. No; it is in the organic law. The law provides: And for this purpose the commission is authorized to employ per ons

familiar with the subject to be investigated and tested, and also may make use of its other employees for such purpose.

They have been designated as directors, and it makes no difference whether they are called inspectors or directors. The only purpose in offering this amendment is to a void any ques· tion that might occur before the comptroller as to the allowance of these salaries.

Mr. BYRl\TES of South Carolina. Will the gentleman yield for a question?

Mr. WOOD. Yes. Mr. BYRNES of South Carolina. In the current law are

they not designated as inspecto'rs? Mr. WOOD. I am not sure. l\Ir. BYRNES of South Carolina. If the gentleman from Jn.

diana will permit, in the bill I have before me it reads "including the employment of inspectors and per diem" and' there is no mention of directors. '

l\Ir. BLANTON. The organic law merely provides for employees; it does not provide for a position designated as director, and the estimate that was sent to this committee by the Budget, and from which our friend from South Carolina has just read, calls for inspectors ; it doe not call for directors and there is no law providing for directors, and if you wer~ to change the word from " inspectors " to " directors " there would be quite a difference in the salaries, and that is the sole purpose, I take it, in maldng the propo ed change.

Mr. WOOD. I will say, in order that there may be' no confusion, that so far us I am concerned I do not think it would make a bit of difference one way or the other. This suggestion came to me a moment ago, but, l\Ir. Chairman, I withdraw the amendment.

The CHAIRMAN. If the gentleman from Indiana will permit, the current law which the Chair has before him provides for the employment of inspectors.

Mr. WOOD. I withdraw the amendment, Mr. Chairman. The CHAIRMAN. The gentleman from Indiana asks unani-

mous consent to withdraw the amendment. Is there objection? There was no objection. The Clerk read as follows: For all authorized expenditures under the provisions of the act of

February 17, 1911, "To promote the saf~ty of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurt~nances thereto," as amended by the act of March 4, 1915, extending ' .the same powers and duties with respect to all parts and appm1:enances of the locomotive and tender," and amendment of June 7, 1924, providing for the appointment from time to time by the Interstate Co~erce Commission of not more than 15 inspectors in addition to the number authorized in the first paragraph of section 4 of the act of 1911, including such legal, technical, steno"'raphic, and clerical help as the business of the offices of the chief inspector and his two assistants may require, and for per diem in lieu of sub istence when allowed pursuant to section 13 of the sundry civll appropriation act approved August 1, 1914, $450,000, of wbicb amount not to exceed $65,820 may be expended !or personal services in the District of Columbia.

l\Ir. McKEOWN. Mr. Chairman, I move' to strike out the last word. I will not trespass on the time of the committee for any great length of time. I merely want to take a moment to refer to what the gentleman from Kansas [Mr. WHITE] had to say about the rates on grain and feedstuff, and what the gentleman from Texas had to say with reference to rates on liYe tock, all coming along after the speech made by the gentleman from Texas [Mr. JoNEs] relating to the report made by the commission appointed to consider the question of agriculture.

I simply want to call the attention of the House to the fact that the lowering of rates on live tock, on grain, and other products of the farm will materially help the farming conditions in the country and will help the farmer in a way that will make him help himself. When it comes to livestock rates they are pretty nearly as high as they used to be in the Indian Territory before we had statehood and any control O'\"er the rates in that country.

1925 CONGRESS! ON AL RECORD-HOUSE 2811_ A story is told of a farmer who, prior to statehood, lived in

a town named Mill Creek, Okla., and shipped "four carloads of · hor ·es to Ea t St. Louis, Mo. They were sold in East St. Louis, Mo., and the price received applied on the freight. The price received lacked $136 of paying the freight on the four carloads of horses, and the railroad company sent this farmer a bill for $136. He was an uneducated man and could not read, so he had his little daughter read the letter to him. After she had finiShed reading the letter in which they asked him to send them $136 more, after having sold his four carloads of horses, he said to her, " Write them this letter: "

DEAB RAILROAD Co~IPA.NY: I haven't got any money, but 1 can ship you some more horses.

The pre ent freight rates are exorbitant, according to my way of thinking, and if it is necessary to carry on the freight business with the present freight rates that is a very unfortunate thing for the .American people.

I understand the policy of the law and the policy of Congress is to give the I'ailroads a fair return on their investment and they are entitled to a fair return.

:rr. WHITE of Kansas. ·Will the gentleman yield? lUr. McKEOWN. :Yes. "Mr. WHITE of Kansas. If the gentleman will allow ..me, is it

not a fact, recognized by all rate-making bodies, that a rate whicb the traffic will bear and live and prosper is .more remunerative to the railroad companies than a rate that will ~xtinguish the busine s?

Mr. McKEOWN. There is no question about that, because In the future the business is so decreased -that they nave not any business at all.

.The proposition before the country now iB .to :settle the question of rates fairly to the carriers and at th~ same time let the fellows .Jive who produce the products ·to be transp.orted. It is a ver_y difficult problem. We can not settle it in just a few days or in a few months, and I will say that the man who can go to work and readjust the transportation -problem of .America, ..fair to the stockholders and "fail· to all the people interested, will be the most versatile man this country has known in many years. It is a tremendous job. It is a real man's job ana at the same time the railroads .are overlooking the fact that they are killing the goose that lays the _golden egg when they maintain these rates.

Mr. HUDSPETH. Mr. Chairman, I rise in opposition to the pro forma amendment.

I listened with a great deal of interest to the discussion of my good friend "from the short.gra.ss region of Kansas" [Mr. WHITE] and 1 was wondering if he llad the time, and I am sure the House would give him the time, why he did not touch upon the freight rates on livestock. I know he feels that the freight ~·ate on livestock is excessively high. The gentleman from Kansas represents a livestock region, and I know lle will agree with me that it takes just one-third of the price you obtain for a steer to ship him to :.narket ; that is, the freight rate is just one-third of what you get for the steer to-day on the market.

I do not know whether we can reduce the freight rates on livestock or grain. The railroads say we can not, because they say they can not reduce the wages of labor. That is what they tell me. ,

Mr. GAR1\"'ER of Texas. Will the gentleman yield? Mr. HUDSPETH. I yield to my colleague. Mr. GARNER of Texas. Has -the gentleman from Texas any

hope of -relief in behalf of the agriculturalist or the stock raiser when the per onnel of the commi sion .is being made up of men who are admitted railroad advocates?

Mr. liUDSPETH. It does not look like we are ~etting a great deal of relief. Of course, gentlemen, there are a lot of good, -patriotic men on that commission.

Mr. GARNER of Tex:as. Ycu do not feel very much encouraged?

Mr. HUDSPETH. No; we do not, "down in the settlement" that I come from, I will state to my friend.

I do not want to tal\e up too much of yom· time, I will state to the gentleman from Indiana, but I noticed my good friend the gentleman from 'South Caronna [Mr. BYRNEs], when .they had Mr. Walter, general counse1 of the National industrial Traffic League, upon the stand, and also a very able _gentleman :from Houston, Tex., Mr. Fulbright, who were thoroughly posted, made this statement to the gentleman in regard to freight rates, and this will apply almost exactly to the rates...on cattle :

.Mr. BYBNXS of South Carolina. Take the farmer who gt·ows melons in my section of the country. Last summer I saw bill after bill tor

-shipping carloads of watermelons to New York City and New York State. When the railroad called on the farmer to pay the freight .be did not get enough for his product to pay the freight.

'rhat is a condition which prevails with the farmer. throughout the country and likewise the livestock producer to a considerable extent.

Mr . .BYRNES of South Carolina. Will the gentleman yield? Mr. HUDSPET.H. Yes; I yield. Mr. BYRNES of South Carolina. The gentleman knows that

while the railroads are saying they are unable to make money, the stocks of all the railroads have been increasing very 1·apidly in value and they have been declaring dividends right along.

Mr. HUDSPETH. Yes; they are declaring dividends, I will. state to my frineu, anti they are merging with other railroads, like the merger of the Southern 'Pacific with the El 'Paso & Southwestern and The 'Rock Island in my State. They are two long trunK: lines of -railroad and they -recently merged, cutting down expeiiSes and lJI'eparing to declare dividen<ls, so they state.

Mr . .BYRNES of South Carolina. I m~y state also that the stock of the Southern Railway, which operates through tho South, sold for about $25 twelve months ago, and now it iJ! somewhere in the eighties. The ·stock of the Atlantic Coast Line sold for about $75, and now it is from $11>0 to $155, and this is true of most of the railroads. I do .not think they are really being impoverished, and I think it is time they should gt\e some relief to the agriculturists of the country.

1\!r. HUDSPETH. The signs of the times do not indicate they are being impoverished, but, gentlemen, whenever you meet them "With a :proposition about reducing rate they say they can not do it because. they can not reduce the labor scale .

l\lr. "BLANTON. Will the gentleman yield? 1\fr. HUDSP.ETH. 1: yield. l\lr. BLANTON. Our frienos over there ought to take notice

about the excessive ·rreight rate on shipping watermelons to the northeast because quite a large membership of the Republican 'Party must have watermelons .

Mr. HUDSPETH. You mean they must cut their political melons and pass -them around and give each one a slic~ just before elections?

Ir. BLA...WON. The gentleman 'knows what 1 am referring to. ·

ll1r. WHITE of ..Kansas. Will the gentleman yield? Mr. HUDSPETH. .1 yield to the gentleman from Kansas. 1\Ir. WHITE of Kansas. :I saw in the newspapers, probably

in the 'Kansas City Daily 1arket 'Report, that a Mr. Cowan, president of your State livestock association--

Mr. HUDSPETH. No ; Mr. Cowan is general attorney for the National Live Stock Association. ·

The CHAIR"M.AN. The time of the gentleman from Texas has ex,_pired.

1.Ir. RUDSPETH. l\lr. Chairman, I ask unanimous con ent that I may proceed for five additional ..minutes.

The CHAIRMAN. The gentleman from Texas asks unanimous consent to proceed ..for ..:five additional minutes. Is there objection?

There was no objection. ~r. HUDSPETH. And Mr. Cowan is ·one of the best-posted

rate men in the United States. l\lr. WHITE of Kansru;. I want to ~ay to the gentleman

from Texas I did not enter thi discus"ion to mak~ any analytical examination, especially of the justice or injrn t ice of the prevailing rates, but this is the concrete proposition: llr. Cowan ha.s filed this complaint, and I understand that the subject will be reopened and a hearing will l>e had. .\Iy proposition is, we ought to vote the amount asked by the committee .in order that these hearings ma r be had by ex amin et·s near the homes of the shippers. The gentleman recognizes the enormous ex_penl'le of pro ecuting the hearings here and al ·o the inconYenience.

Mr. HUDSPETH. That is what prompted the gfmtleman from Texas to ri~e. I wanted to aHk my friend, the g-entleman from Ind'ana [~1r. Woon] if the gentleman had given the amount asked by the Interstate Commerce Commi ion for examiners in order to send them down to where the peo_ple c;.m file these claims at their homes and avoid the great expense of coming here to Wa hington. If every time a man bas a polled Angus bull killed ·On a ·railroad he has to come up here to ·:file his claim; of course, he is not go:ng to do it. He will suffer the loss of his animal rather than incur a greater expense coming here.

Mr. WOOD. I will say to the gentleman, in answer to his query, -we gave them exactly what they asked and the .amount

CONGRESSIONAL RECORD-HOUSE JANUARY 31

with which they think they will be able to meet the emergency to which the gentleman refers. ·

l\lr. HUDSPETH. I am glad to hear it. I want to ask the gentleman bow much was ·the total the commission asked for? I know the committee has given more than the Budget, but how much is the difference between what the committee allowed and what the commission asked for.

l\Ir. WOOD. We gave them every item of increase. I want to say this in fairne s to this commission. Some criticism has been had because members of the commission came to us and asked for the increase. They did not ask for the increase, they told us of the necessity, and believing it was the function of Congress to supply the needs of the Government, we took the

• responsibility of making the increase, and it is the first time that the committee ba made an increase over the amount recommended by the Budget. We felt that it was not only fair to the transportation but it was fair to the humanitarian interests of the country that the increase should be made.

Mr. HUDSPETH. I congratulate the gentleman and his committee. I ro e for the purpose of stating that if we could not reduce the rates we could make it so that it will not be so expensive for the claimant to ha\e his case litigated by sending the examiner where the claimant resides and where the claims originate.

Mr. GARNER of Texas. Will the gentleman yield? 1\fr. HUDSPETH. Certainly. Mr. GARNER of Texas. The gentleman does not mean when

he says that if we can not reduce the freight rates that he has any doubt but that they ought to be reduced? · Mr. HUDSPETH. Oh, no; not the slightest, but this is a character of assistance that can be given the producer and shipper if we give them sufficient money to send out examiners.

l\Ir. GARNER of Texas. I have no doubt that 95 per cent of the agricultural and stock-raising interests believe that they are being mistreated by the freight rates and discriminated against in favor of higher freight rates.

Mr. HUDSPETH. There is no question about that. As the gentleman from Kansas [Mr. TINCHER] to-day said, the high freight rates is one thing that is keeping the livestock grower on his back. That certainly is one thing that is "keeping the livestock grower on his back," and I do not see any encouragement at the present time of getting freight rates reduced.

Mr. GARNER of Texas. Especially when one-quarter of the United ·states is not represented on the commission. ·Instead of a representative from the stock-growing portion of the United States being given a place on the commission where he might be in sympathy, they appoint a raUroad advocate in the city of New York.

Mr. HUDSPETH. . I entirely agree with the gentleman that the great producing country down there seems to be discriminated against when commissioners are appointed. If we had a representative on the commission we would have some hope of getting the freight rates reduced.

The CHAIRMAN (Mr. TILsoN). The time of the gentleman from Texas has again expired.

Mr. HUDSPETH. I ask for two minutes more. The CHAIRMAN. Is there objection? There was no objection. l\Ir. ALLEN. Will the gentleman yield? Mr. HUDSPE'.rH. Yes. Mr. ALLEN. Has it not been the history generally that the

Interstate Commerce Commission has raised rates instead of reducing them?

Mr. HUDSPETH. It has not been reducing rates in recent years on farm products very materially. And still I do not impugn the motives of a great majority of the good men comprising the commission.

Mr. ALLEN. In regard to other materials except farm products and live tock-the coal interests, for instance; coal is laid down nt the mine in West Virginia at $1.45 a ton, and it costs $3.38 to get it to Washington and Baltimore. I notice that it sold recently for $8.50 a ton. I take it, my friend's statement is absolutely correct.

Mr. HUDSPETH. Mr. Chairman, again I want to congratulate the committee on making sufficient appropriation to send these examiners down where the claimants reside. That was my prime motive in rising, to find out whether or not they had made sufficient appropriation to send the examiner down there and relieve the overburdened shipper of the expense of coming to Washington and presenting his claim. [Applause.]

The Clerk read as follows: For all printing and binding for the Interstate Commerce Commis

sion, including not to exceed $10,000 to print and furnish to the States at cost report-form blanks, $160,000.

Mr. NEWTON of Minnesota. Mr. Chairman, I offer the following amendment.

The Clerk read as follows:

Page 20, line 4, after the figures insert a new paragraph to read as follows:

"No part of the appropriation herein made for the Interstate Commerce Commission shall be expended for investigation reque ted by either House of Congress except those authorized and directed by the concurrent resolution of both Houses."

Mr. CONNALLY of Texas. Mr. Chairman, I reserve the point of order on the amendment.

l\Ir. NEWTON of Minnesota. Mr. Chairman, we have had some discussion in reference to appropriations for the Interstate Commerce Commis ion and the lack of sufficient money in order to enable the commission to do its work. The commission has certain functions which are required by law and it has been unable to do this work because of insufficient funds. That insufficiency arises in two ways. The major proposition interfering with the work of the commission was the failure of the Director of the Budget to recommend a sufficient amount of money for the work of the commission. That has been cared for by the Committee on Appropriations in providing an adequate sum for this year. But further examination will prove that from time to time during the last two or three years one of the two branches of Congress passed a number of resolutions requiring the commission to make certain investigations of \arious situations connected with the work of the Interstate Commerce Commission on rate structure transpor-tation conditions of the country, and so on. '

The commission felt that a request from either branch of Congress was in the nature of a mandate, and so when a request of that kind is made they drop the ordinary work of the commission, that Congress provides by law for it to do, and transfer the men who are at work on that to these general investigations that have been requested by one or the other branch of Congress.

The result of all this has been that with about 9 or 10 investigations that have been so requested during the past two or three years the time of the employees and the officers has been devoted to them instead of being applied to specific cases and requiring the elimination of the examiners in the field also necessitating constituents of the gentleman from Texas', the gentleman from Kansas, the gentleman from Minnesota, and others to come down here and litigate their cases. The effect of this amendment will be to prevent the commission being diverted from its regular work unless the request comes by a concurrent action of Congress. If Congress sets aside certa.in moneys for a specific purpose, the work that Congress intends this to be used for ought not to be diverted and interfered with merely by the request of one of the branches of Congress.

Mr. CONNALLY of Texas. l\Ir. Chairman, will the gentleman yield?

l\Ir. NEWTON of Minnesota. Yes. l\Ir. CONNALLY of Texas. Does the law at present require

the commission to make investigations when requested by either branch of Congress or is that merely within the discretion of the commission?

Mr. NEWTON of 1\IinnE.sota. I do not know of any provision in the law requiring the commission to conduct an investigation upon the request of either branch of Congress. Of course, the commission is the agent of Congress. Congressional powers have been delegated to that commission, and it feels that a request from one branch of Congress is something that ought to be promptly attended to.

l\Ir. CONNALLY of Texas. If that be true, if there is no law requiring the commission to act when requested by one branch of Congress, ought the gentleman to prohibit the commission from doing that? Ought not the commission to have discretion to do it or not to do it, as it feels it is best for the interest of the publi!:!?

Mr. NEWTON of Minnesota. I do not think the commission is required to do so under the law, but I do feel that the commission being an agency of Congress, it feels that if a request is made by one of the two branches of Congress, it ought to grant that request, and it is exceedingly embarrassing for the commission, regardless of the request, to refuse it.

Mr. MOORE of Virginia. Mr. Ohairman, will the gentleman yield?

l\lr. 1\TEWTON of Minnesota. Yes. 1\Ir. MOORE of Virginia. Has the gentleman made an

examination that will enable him to tell us within a given period, say fi\e years, how many resolutions asking for in· formation the House has sent to the commission?

1925. CONGRESSIONAL RECORD-HOUSE 2813 1\Ir. NEWTON of Minnesota. So far as I can ascertain

'the House has not requested any information of that char· acter, but let me say that a resolution was passed by the otber body a day or so ago that was never even considered by any one of the committees of that body. Action was taken _upon it immediately upon the floor.

Mr. MOORE of Virginia. It does not seem to me from my recollection that the House has offended in thiS particular.

Mr. NEWTON of Minnesota. In no sense; but the House, and the constituents of Members of the House, have suffered a great deal because of diverting the commission's work in this manner.

1\Ir. McKEOWN. I take it, howe-ver, that being a creature of the Congress, we might be doing a wrong thing to_ say that we will not let it make an investigation when asked by either branch of Congress.

Mr. NEWTON of Minnesota. 'Ve have a similar provision in reference to investigations by the Federal Trade Commission.

l\1r. McKEOWN._ Yes ; and I do not agree with that. Mr. NEWTON of Minnesota. It was required because of

the fact that so many investigations were being requested that the regular work of the Federal Trade Commission was being neglected.

Mr. WHITE of Kansas. Mr. Chairman, will the gentleman yield?

Mr. NEWTON of Minnesota. Yes. , Mr. WHITE of Kansas. I want to ask a question which

has nothing whatever to do with the gentleman's amendment. I have thought a great many times that every order of the commission having to do with freight rates in general, and every brief of the complainant and every brief of the carrier ought to be available to every commercial body in the United States, and to every board of trade and every official of any industrial organization that may desire it. Those briefs are short documents and I have found great difficulty in secur· ing copies of the general orders applying to general reductions or advances in freight rates. There is no trouble about getting the information in relation to special orders applying to certain points and terminals, but to get those orders applying to the general reductions ordered by the commission, even since the railroads have been turned back to the owners, is impossible. They are out of print.

Mr. 1\TEWTON of Minnesota. The gentleman is now talking ~bout something that is in no way covered by the amendment.

Mr. WHITE of Kansas. I admit that. Mr. NEWTON of Minnesota. But if this committee had not

raised the appropriation from $125,000 to $160,000 nobody would · have b~en able tq get these opinions in time to ever make use of them.

Mr. )VIDTE of Kansas. Does not the gentleman believe that these general orders ought to be available to every person who :wants them. They are not expensive.

Mr. NEWTON of Minnesota. Yes; but I think that the people wanting them ought to be willing to pay for their actual cost.

Mr. WHITE of Kansas. Certainly; but you can not get them at all now. · Mr. NEWTON of Minnesota. This committee increased the figure from $125,000 to $160,000 and made these available to the general public. These different investigations will be found in the annual report of the commission. In 1922 there were four of them requested, in 1923 three were requested, and an additional number is still pending. It seems to me that we ought to adopt the same principle with reference to the

l Interstate Commerce Commission and these investigations on the request of a single branch of Congress that we have adopted in respect to the ~"'ederal Trade Commission. I hope the com

, mittee will agree to the amendment. · Mr. BYRNES of South Carolina. Mr. Chairman, will the gentleman yield?

Mr. NEWTON of Minnestoa. Yes. 1\lr. BYRNES of South Carolina. Is the amendment identi

cal in language with the provision in respect to the Federal 1 Trade Commission?

1 Mr. NEWTON of :Minnesota. Substantially so. A word had

to be changed here and there. Mr. BYRNES of South Carolina. That an investigation can

1 be ordered only by concurrent resolution of the Congress? Mr. NEWTON of Minnesota. Yes. Mr. BYR~TES of South Carolina. I am in favor of the

gentleman's amendment. Mr. WOOD. Mr. Chairman, as far as the committee is

'concerned we accept the amendment. -

Mr. CONNALLY of Texas. Mr. Chairman, I make the point of order against the amendment, that it is not germane to the part of the bill where it is offered and, furthermore, that it

"1!hanges existing law in that it is legislation. I mak_e the point of order that it is not germane to where

it is offered. I make the other point, too, but I insist on that ~rt .

Mr. LAGUARDIA.. Did the gentleman make the point of order it is also legislation?

Mr. CONNALLY of Texas. Oh, yes. Mr. ~'EWTON of Minnesota. Does the gentleman yield? The CHAIRMAN. Does the gentleman from Texas wish

to be heard further? l\lr. CONNALLY of Texas. Mr. Chairman, as far as the ger

maneness is concerned I call the attention of the Chair to the fact it is offered on page 20, line 4.. Now, that portion of the bill to which it is offered provides for the printing and binding for the Interstate Commerce Commission, ·including not to exceed $10,000 to print and furnish to the States at cost report-form blanks, $160.000. That is the point in the bill to which the amendment is offered. The amendment reads as follows:

No appropriation herein made for the Interstate Commerce Commission shall be expended for iilvestigations requested by either House of Congress, except those authorized and directed by a concurrent resolution by both Houses _of Congr~s.

I\ir. NEWTON of Minnesma. Mr. Chairman, on the point of germaneness this is offered as a new paragraph, and the Chair will note in the language of the· amendment it is a limitation upon the appropriations of this bill going to the Interstate Commerce Commission. It refers to the appropriations hereinbefore named. The only place that you could put the limitation upon all appropriations going to the Interstate Commerce Commission would be at the place to which this amendment is offered. The funds available will include not only the first item which was referred to, but will also include the last item, the printing item, so it is the only place to which it could be offered. So far as germaneness is concerned it iS a limitation upon the use of the funds appropriated in this measure. If germaneness is the only point--

Mr. CONNALLY of Texas. It is not the only point. The CHAIRMAN. As the Chair undestands the two points,

one is that the amendment is offered to the wrong place in the bill and the other is it is new legislation?

Mr. :~·lEWTON of Minnesota. So far as being legislation is concerned let me say simply this. Here is an appropriation bill, and here is a limitation placed upon the funds that are provided, and the precedent for it will be found in the Federal trade proviso which is in the present bill and is in existing law, put in one or two years ago.

Mr. CONNALLY of Texas. Mr. Chairman, I want to call the attention of the Chair to the fact that the gentleman from Minnesota evidently intended this to be in order on the ground that it is a limitation of an appropriation. I want to call the attention of the Chair that it is not offered as to any particular appropriation, but it is offered as a new section, and the Chair requires no argument, I am sure, on the point of its being legislation. The only way it can be in order, if it is legislation, is by being a limitation on an appropriation bill, because the gentleman from Minnesota himself admits that under the law at present the !nterstate Commerce Commission has discretion to make such investigations or not as it sees fit, and the effect of this amendment, if adopted, will be to deprive the commission of this discretion and prevent it from investigating any matter as to which either House requests, except a question asked for by concurrent legislation of the Congress.

l\Ir. NEWTON of Minnesota. Will the gentleman yield 7 Mr. CONNALLY of Texes. I will. Mr. NEWTON of Minnesota. The Interstate Commerce Com

mission under the law can conduct investigations upon its own initiative.

1\Ir. CONNALLY of Texas. That is true. Mr. NEWTON of Minnesota. And it does not depend upon ·a

request of either House of Congress. Mr. CONNALLY of Texas. Let us see if that be true under

this amendment. That is true now, but the gentleman provides that if either House of Congress asks for an investigation then the commission can not do it. Even though the commission. might have already made up its mind independently to conduct the investigation if either House of Congress asks for such investigation, unless the other body agrees to it, the jurisdiction of the commission is ousted under the gentleman's amendment.

2814 CONGRESSIONAL RECORD-HOUSE JANUARY 31

1\Ir. NEWTON C1f Minnesota. If the gentleman will yield further. Does the gentleman deny the right of Congress to limit an appropriation within the authorization? •

Mr. CONNALLY of Texas. Within a proper manner, no i but I do not think the gentleman has offered it in a proper manner.

The CHAIRMAN. The Chair 1s ready to rule. The gentleman from Tex.as [Mr. CoNNALLY] makes the point of order against the amendment offered by the gentleman from Minnesota [1\Ir. NEWTON]. First, upon the ground that it is offered at the wrong place. !The Chair understands the amepdment ofi'ered seeks to place a l1mltation upon all of the appropriations carried in this bill under the heading of the Interstate Commerce Commission. The Ohair thinks this is the only proper place for it, the limitation coming as it does after an enumeration of all the purposes for which appropriations are made. trherefore the Chair overrules this point of order.

As to the point of order raised by the gentleman from Texas whether or not it is legislation it is sufficient to say that by the admission of the gentleman from Texas it is now authorized by law for the commission to investigate either upon the request of either House or upon a concurrent resolution of both Houses. This being admitted, then it must follow that Congress may appropriate for one object authorized by law and refuse to appropriate for another object authorized by law. It seems to the Chair to be the purpose of this amendment to refuse to appropriate for any other purpose now authorized by law except the one designated in the amendment, to wit, an investigation authorized or directed by concurrent resolution of both Houses. Therefore the Chair overrules the second point of order. An amendment is pending. Does the gentleman from Minnesota [Mr. NEWTON] claim recognition in behalf of his amendment?

Mr. NEWTON of Minnesota. No; the gentleman from Minnesota. has spoken.

The CHAIRMAN. The gentleman from Texas [Mr. CoNNALLY] is accorded recognition.

Mr. CONNALLY of Texas. Mr. Chairman and gentlemen of the committee, I realize that my protest against this amendment may be unavailing. "But at the same time I feel that the whole policy of the Interstate Commerce Commission, or, rather, a large part of the philosophy of the organization of that body, rests in itS inquisitorial power. It is given the power to go into these large matters of transportation and allied questions and to furnish information to the Congress and to the country regarding them. I believe investigations of the public business, aside from their purely utilitarian purposes, as to the enactment of legislation that may be based upon those findings, are wholesome in the public interest. In this instance, under the law at present, the Interstate Commerce Commission is a quasi judicial body. It is not required under the present law to investigate a question when one House of Congress alone requests it, but it may do so if that question appeals to the judgment and the conviction of the members of the Interstate Commerce Commission. But the gentleman from Minnesota [Mr. NEWTON] by his amendment will prohibit, will take away from the Intel,'state Commerce Commission, that discretion that it now possesses. lle will deny that authority which is now its own to investigate those questions. He will permit the Interstate Commerce Commission to investigate only in such a case when both Houses of Congress have requested ·it.

Does not the gentleman know how slow are the processes of such a course? Does not the gentleman realize "that if one branch of the Congress-and we must yield to the Senate, the other branch, the same respect for Its conscientious discharge of its duties as we claim for ourselves-does not the gentleman believe that when one House of the American Congress feels that some traffic question· is of sufficient importance as to solemnly ask in a resolution passed here, after it has run the long gantlet of all the rules and objections and steering committees-does he not believe that when such a resolution emerges, representing at least the concrete judgment of one body, to ask a body like the Interstate Commerce Commission to investigate a traffic question-does he not believe that that commission, in the exercise of its functions, if it finds that that question ought to be investigated, that that commission should investigate that question and report its findings? • Mr. WHITE of M'8lne. I concede that under the law the Interstate Commerce Commission may make investigations of Its own respecting various matters.

Mr. CONNA-LLY of Texas. Yes. Mr. WHITE of Maine. Does not the gentleman fear this,

that if w~ adopt a resolution, either House by a request for a

specific investigation automatically takes from the commission the authority to initiate an investigation? -

Mr. CONNALLY of Texas. I have never believed that technicalities in the law ought to be invoked to defeat the ., ubstance, but I will say to the gentleman that under the language of the gentleman's amendment that very result might be possible, because he provides ·that no part or the funds of the Interstate Commerce Commission shall be used in an investigation requested by either branch of Congress alone, but only when requested by both branches in a concurrent resolution.

Mr. WIDTE of Maine. In other words, if the commi sion thought an investigation advisable, and either House thought it inadvisable, that would be a technical prohibition?

Mr. CONNALLY of Texas. Yes. I do not think the gentleman from Minnesota intended any such thing. But the philosophy of the gentleman from Minnesota is to lessen the power of the commission to inquire. His theory is to turn on less light, not more light. My theory is more light and not less light; that whenever the commission feels that it ought to investigate a question, and whenever that feeling is concurred in by either branch of Congress, it certainly is a question of sufficient dignity to call for an investigation.

The CHAIRMAN. The time of the gentleman from Texas has expired.

Mr. CONNALLY of Texas. Mr. Chairman, I ask for five minutes more.

The CHAIRMAN. The gentleman from Texas asks unanimous consent to proceed for five minutes more. Is there objection?

There was no objection. Mr. CONNALLY of Texas. Now, of course, gentlemen, you

want to be economical, and we all want to be economical. But here is a great institution, an institution that is vital to every man, woman, and child in the United States, vital to every person who wears clothes and eats food ; they are all interested in this transportation subject; and are we so concerned with economy that we want to close the doors and windows of our minds to facts and information pertinent to this great problem? Do gentlemen so much value a seeming economy-not a real one--do gentlemen value it so greatly as to say, "We will hamper the activities of this lnqulsitodal body that acts, when it acts, as the representative of the people of the United States " ? It is quasi judicial. Ought we to limit 1t by legislatl"ve direction wllen one branch of the Congress feels that a question ought to be investigated?

Why, my friends, let us suppose a case. Su])pose that one of the bodies of Congress is elected for long periods and the other body is elected for short periods ; suppose there 1s some question vitally affecting transportation ; one body is' controlled by one party, and the other body is controlled by another party. That question could not be looked into by this nonpartisan, this quasi judicial body, unless you could secure the consent and agreement of both bodies.

Gentlemen, I do not believe that this is a sound amendment. It is bottomed on the plea of econo-my, of course ; it is bottomed on the plea of efficiency. But we can save money by wholly abolishing the Interstate Commerce Commission. You can save money in the Treasury of the United States by wiping out the Interstate Commerce Commission. But when you wipe it out, you may by so doing keep money in the Treasury, but at the same time you will take a great deal more money out of the pockets of the people of the United States, from whose purses must come the sums that are levied in the form of transportation charges.

I believe in investigations. I do not believe in star-chamber proceedings. I believe in turning the light on these problems.

Suppose one branch of this Congress should be reactionary, hard-boiled, and then we had to wait until it agreed to a request for the investigation of such a subject? We would wait, my friends, a long, long, long time. Why, the gentleman from Kansas [Mr. HocH] introduced a resolution, as I recall, calling upon the Interstate Commerce Commission to investigate a certain question. I would like to ask the gentleman what became of that resolution. Did it pass both Houses, or was it simply a request on the part of this House?

Mr. HOCH. It was a concurrent resolution. The conference report was adopted by the House last .Tune and has just been adopted by the Senate, and, I presume, it has gone to the President.

Mr. CONNALLY of Texas. But the commission has not yet acted.

Mr. HOCH. There has not been legislation nntil just now. Mr. OONNALLY of Texas. It was not the law, but the com

mission--

1925 CONGRESSIONAL RECORD-HOUSE 2815 Mr. HOCH. It bas the effect of law. Mr. CONNALLY of Texas. It will be the law when it is

:finally passed and signed. When did the gentleman introduce it? About two years ago, did be not?

1\Ir. HOCH. I think the first resolution was introduced in December, 1923.

1\Ir. CONNALLY of Texas. The gentleman has furnished me with an illuminating example. Here was this question of agricultural products. The gentleman introduced his resolution in December, 1923--

Tbe CHAIRMAN. The time of the gentleman from Texas ba again expired.

Mr. COi\TNALLY of Texas. Mr. Chairman, I ask for two more minutes. .

The CHAIRUAN. The gentleman from Texas asks unammou · consent to proceed for two additional minutes. Is there objection?

There was no objection. Mr. CONNALLY of Texas. And here in January, 1925, after

the corn out in Kansas, that was in existence in 1923 and concerning which the gentleman from Kansas wanted the freight rates adjusted has already gone to market and after the cattle to which it {vas fed have been sent to Chicago and then slaughtered and the beef has been put upon the tables of the Members of this House-after all that corn is gone and all the beef is gone, we are going to investigate the ~uestion.

1\Ir. WHITE of Kan ·as. Will the gentleman yield? ?llr. CONNALLY of Texas. Yes. Mr. WHITE of Kansas. I do not want to be facetious--1\Ir. CONNALLY of Texas. The gentleman can not be face-

tious. 1\lr. WHITE of Kansas. But I do not think we ever get any

of that good beef in 'Vashington. Mr. CONNALLY of Texas. But a year and a half after

tho e questions-which the gentleman from Kansas thought were burning questions that ought to be investigated-were fir. t submitted the investigation is ordered, and probably it will be another year and a half after the investigation begins before we get a result. Yet the gentleman from 1\Iinnesota--

Mr. NEWTON of Minnesota. Will the gentleman yield? Mr. CONNALLY of Texas. Yes. Mr. NEWTON of Minneota. Can the gentleman name a

single beneficial result that bas ever come from the adoption of any one of these resolutions introduced in either branch of Congress?

Mr. CONNALLY of Texas. I will say to the gentleman that no human mind can trace through all of its ramifications a piece of information that starts somewhere and percolates down through the complexities of modern life and legislation. But that is no argument against information. These in"\"estigations will produce the facts, we hope; they will bring to light the data and the considerations upon which Congress will act. The gentleman's question does not meet the situation. We can not go through all of this complex life of ours and trace definitely any concrete act of one individual or of one thought or of one report. But I am standing for the broad proposition of not hampering the Interstate Commerce Commission in carrying on its investigations.

The CHAIRMAN. The time of the gentleman from Texas has again expired.

Mr. WOOD. Mr. Chairman, I believe that if the gentleman from Texas who has been arguing against the adoption of this amendment had heard the gentleman who represents the Interstate Commerce Commission, that instead of opposing it he would have spoken in favor of it. Among the last. things the gentleman said was that we · should not hamper the Interstate Commerce Commission in trying to do the best it could for the people of this counh·y. The Intertsate Commerce Commi ~sion is now greatly hampered because there is not an amendment such as is now proposed ..

Mr. CONNALLY of Texas. Will the gentleman yield? Mr. WOOD. Yes. lUr. CONNALLY of Texas. Does the gentleman mean to say

that the Interstate Commerce Commission is not now required under the law to make these investigations, but is coerced into doing so because one branch of Congress requests it? That is the effect of the gentleman's language and I want to know whether he means it?

Mr. WOOD. Absolutely. 111 · CONNALLY of Texas. It is a mighty poor judicial body

that will be coerced if it does not mean or does not believe in the investigation it undertakes.

Mr. WOOD. I do not want the gentleman to misunderstand me and I do not want him to misunderstand the Interstate Commerce Commission, but he ought to know something about

the operations of this commission. The Interstate Commerce Commission is now authorized by law to make certain investigations; they are also commissioned, by reason of resolutions pas~ed by this body or the other body, to make other investigations. A great portion of the time of the Interstate Commerce Commission is occupied and the great machinery of that body-and it is one of the biggest we have in this Government-:-is deflected from the original purpose for which it was org!lruze~. That is true because the commission is called upon to rnvestigate what purports to be the desire of some resolution-n?t many of them passed by this body, very few of them, but. qmte a number by the other body-and that results in t~~g away from them the very function for which they were or1grnally created, and it ha·mpers the commission in rendering the services which it desires to render to the Government.

Now, I do not think the gentleman wants to hamper the Interstate Commerce Commission, and it ought not to be hampered. It ought to be left to exercise its own discretion unless these is some resolution passed concurrently by both branches of the Congress. I say you should hesitate before you put these activities on the commission. That statement is not only true as to the Interstate Commerce Commission but it is true as to the Tariff Commission and the Federal Trade Commission. You should hesitate to put these activities on ~ose ~o~ssions upon the mere whim of some one desiring an rnvesbgation, as has occurred man:v times in"tolvinO' the expenditure of thousands and thousands and' hundreds~ of thousands of dollars.

If these bodies were left to exercise their own discretion and their better judgment, they would prove better judges than we. because that is their busine s. T~ey are organized for the p~pose of doin.g certain specific things, and they calculate on domg ~hos: thmgs according to their own judgment, but a resolutiOn IS passed through some spasmodic demand and without reason, and it changes. the whole course of their conduct a.nd re~uires the employment of all their men in an investigation ~th reference t~ shipping or with reference to rates just to satisfy a demand either of this House or the other body, ancl that ought not to be.

Mr. HUDDLESTON. Will the gentleman yield? 1\Ir. WOOD. Yes. Mr. HUDDLESTON. The gentleman remembers the cost

plus in"testigation carried on by the commis ion? Mr. WOOD. Yes; that was made by the Federal Trade

Commission. Mr. HUDDLESTON. No; by the Interstate Commerce Com

mission-an investigation into the practice of the raill·oads of farming out repairs.

Mr. lVOOD. Yes. Mr. HUDDLESTON. That investigation was started under

a resolution adopted in the Senate. The investigation disclosed that the raih·oads had let cost-plus contracts for repairs which had been made at a cost of from two to five times what it would have cost the railroads to do the work in th~ir own shops, and tllat there was no reason why the work should not have been done in the railroad shops, and the gentleman remembers that as a result of that practice vast millions bad been expended which the Government of the "United States had to reimburse under the guaranty and other vast millions was charged to the consumers in increased railroad rates.

The CHAIRI\1AN. The time of the gentleman from Indiana has e:}..:-pired.

Mr. HUDDLESTON. I hope the gentleman will get some more time.

Mr. WOOD. Mr. Chairman, I ask unanimous consent to proceed for five additional minutes.

The CHAIRMAN. The gentleman from Indiana asks unanimous consent to proceed for five additional minutes. Is there objection?

There was no objection. Mr. HUDDLESTON. So that disclosure to the public re

sulted in the correction of this serious abuse and the practice of farming out repairs on cost-plus contracts, thereby saving not only to the railroads but to the consumers, who finally have to pay all these co ts, many, many millions of dollars. This good work was done under a resolution adopted by the Senate. It would have been impo sible had this provision that is embodied in this amendment been in force.

Mr. WOOD. No; it would not have been impossible. Mr. HUDDLESTON. Does not the gelltleman think that was

a good work and well done? · :Mr. WOOD. It would not have been impossible, for the rea

son that if there was \irtue in the resolution offered in the Senate it could have been taken up here and we could have passed a concurrent resolution.

28Io CONGRESSIONAL RECORD-HOUSE JANUARY 31

Mr. HUDDLESTON. We could ha'Ve done it, but the gentleman must remember that partisan considerations are much more influential in the House than they are in the Senate, and that the House responds more slowly to public sentiment than the Senate, and, furthermore, that the small handful in control of whichever side happens to be in the majority here can do whatever they want to do, and that that small group would not have permitted the investigation I refer to.

Mr. WOOD. So far as I am concerned, I do not propose to subscribe to the sentiment expressed with reference to this body not responding to the will of the people as readily as the Senate. The time once was, perhaps, when the Senate was looked upon as being the conservative body, but I think demonstrations of the past few years have shown that the House is equally cognizant of the will of the people, and if there was any virtue in the resolution referred to by the gentleman it would have been recognized and acted upon more quickly here than it would have been over there.

Mr. CONNALLY of Texas. But did the House resolute on it at all?

Mr. WOOD. No; because it was not referred here. . Mr. CONNALLY of Texas. Why does the gentleman say 1t

would have been acted on more quickly here? The gentleman could have introduced one if he had felt like it.

Mr. HUDDLESTON. Will the gentleman yield? Mr. WOOD. No. I first wish to say that there are always

exceptions to any rule, and if the gentleman had had charge ~f this im·estigation as this subcommittee has had charge of 1t and could have seen, as the investigation discloses, abuse after abuse, I do not think the gentleman would be taking the position he does.

Mr. HUDDLESTON. Will the gentleman yield so I may call his attention to the fact that the disclosure of this iniquitous practice of the railroads was first made in the House. The House first had it, for I made the disclosure myself and printed the facts in the CoNGRESSIONAL REcoRD. Later there was a resolution introduced in the Senate which caused the investigation, something which could not have gone through in the House.

Mr. NEWTON of Minnesota. Will the gentleman yield? Mr. WOOD. Yes. Mr. NEWTON of Minnesota. Did the gentleman from Ala

bama introduce any such resolution? Mr. HUDDLESTON. No. Does not the gentleman know

that I have too much sense to introduce such a resolution, to have it referred to the Committee on Interstate and Foreign Commerce as now constituted, of which the gentleman happens to be a member, to investigate vicious practices of the railroads? [Laughter and applause.]

Mr. WOOD. Now that the gentleman from Alabama has gotten before this body the great service he has rendered, I wish again to appeal to this body and say that if this great Interstate Commerce Commission, which conducts one of the most important functions of this Government,... is to do what it ought to do under its limitations and under its appropriations, it should not be handicapped by resolutions that are not of sufficient importance and benefit to have the approval of both bodies and I believe gentlemen will agree with me that if the transp'ortation system of this country is to be developed and is to pro!ITess as we would have it, and if the shippers of this countr; who are dependent entirely upon this commission are to have the relief they are demanding and to which they are entitled the commission ought not to be handicapped by reaBQn of ;esolutions that are not of sufficient importance to have the concurrence of bQth Houses.

Mr. BYRNES of South Carolina. Will the gentleman yield? Mr. WOOD. I yield to the gentleman from South Carolina.. Mr. BYRNES of South Carolina. Is not this the situation?

The Interstate Commerce Commission will present an estimate for funds to carry out the investigations demanded or required of it by law, many of them in the interest of the shippers of this country, and if thereafter one body in the Congress can present resolution after resolution to investigate all kinds of subjects, that money is diverted to the investigations and the shippers receive no relief through the conduct of the investigations required by law of the Interstate Commerce Commission.

Mr. WOOD. That is absolutely correct and that is the practice now.

The OHAIRMAN. The time of the gentleman from Indiana has again expired.

Mr. HUDDLESTON. Mr. Chairman, I move to strike out the last word.

This amendment deals with the appropriation for the Interstate Commerce Commission for the fiscal year, and forbids the

commission from doing certain things during that year. Now, if that iB a proper thing to do for a single year, it is proper to do it permanently. If that is a right action, it ought to be of permanent application. I do not think anybody can controT"ert the logic of- that proposition.

Now, what do we find? There are only four member of the Committee on Interstate and Foreign Commerce now on the floor. That committee is particularly charged with the duty of considering railroad legislation. Yet no bill having to do with what is now proposed by this amendment has been introduced or has ever been presented to the committee. Not a word on the subject has ever been said in the committee.

The gentleman from Minnesota [Mr. NEWTON], a member of the committee, without having introduced a bill or brought the subject before his own committee comes here and undertakes to have adopted an amendment with only about 40 Members on the floor, without any hearing having been held, undertakes to get something put into the law that he has not tried to get considered in his committee.

Such a method of legislation is ridiculous. It is calculated to bring the House into contempt that we should jump up on the impulse of the moment and adopt a measure of this farreaching import. Why does not the gentleman introduce a bill if it is well to do this? Wby does not he have the boldness to present a bill dealing with the subject in the committee? He does not know what will be the effect of his amendment; neither do I, nor does any Member here. He propo s to lead us in a leap into the dark, that may produce consequences that we do not dream of.

Mr. MOORE of Virginia. Mr. Chairman, I rise in opposition to the amendment. It seems to me that we are in danger of setting a very bad precedent if we adopt the amendment offered by the gentleman from Minnesota. The House heretofore has exercised its undoubted right to pass such resolutions as are now being discussed. House resolutions calling for information from bureaus, commissions, the heads of the departments, and even the President himself have been common. Nobody can say that it is not usually done or that it is done whimsically. It is a historical and valuable method of throwing the light of publicity upon transactions that involve the duties of the legislative branch of the Government. If a House re olution designed to obtain information is offered, what happens? It goes to a legislative committee. It is dealt with by that committee, and if reported favorably by the committee it has to be considered and passed by the House. It is not an extraordinary or impulsive proceeding. If only the Interstate Commerce Commission were concerned,

I might not antagonize what has been proposed by my friend from Minnesota, because my experience is that almost anyone who wishes to obtain data from that commission or wants information of the commission can get it by individually calling at the office of the commission. But we must look beyond the Interstate Commerce Commission. If the principle sugge ted is a wise one, it ought not to be confined to the commis ion but applied to aU of the Government agencies. Where is any limit to be found?

:Mr. NEWTON of Minnesota. Will the gentleman yield? Mr. MOORE of Virginia. Yes. Mr. NEWTON of Minnesota. Let me remind the gentleman

that it is applied to the Federal Trade Commission and, my impression is, to the Shipping Board.

1\Ir. MOORE of Virginia. I have just looked at the statute creating the Federal Trade Commission and find it proviues that the Federal Trade Commic:;sion must act in re. ponse to a resolution passed by either- branch of Congress.

Mr. NEWTON of Minnesota. Let me say to my friend that this very appropriation measure that we are considering contains a limitation substantially in the same words as the amendment proposed for the Interstate Commerce Commission and the existing appropriation law for the Federal Trade Commission contains a similar limitation.

Mr. MOORE of Virginia. I reg~·et to bear it. I think the House when it approves the theory in question is surrendering its power-a surrender that is not justified by a slight sanng of expense.

Mr. HUDDLESTON. Will the gentleman yield? Mr. MOORE of Virginia. Ye . Mr. HUDDLESTON. The proviso merely illustrates that

there is an effort to hamstring the Federal Trade Commission in its effort to secure competiti\e trade and hone t commercial practices in this country.

Mr. MOORE of Virginia. I will not assume that there is any effort of that sort, nor will I a ume the exi tence of any such effort relative to the Interstate Commerce ommis~ion. AU that it: is necessary for me to say is that we are back

1925 CONGR.ESSION AL RECORD-HOUSE 2817 tracking. We are doing something that nas never been suggested before and in my humble judgment we ought not to think of doing it now. [Applause.] .

The CHAIRMAN. The question is on agreeing to the amendment offered by the gentleman from Minnesota.

The question was taken; and on a division (demanded by Mr. NEWTON of Minnesota) there were-ayes 17, noes 20.

So the amendment was rejected. The Clerk read as follows :

NATIONAL AD\ISORY COMMITTE» FOR A.E'RONAUTICS

For scientific research, technical investigations, and special reports 1n the field of aeronautics, including the necessary laboratory and technical assistants; traveling expenses ot members and employees; office supplies and other mis-cellaneous expenses, Including technical periodicals and books of reference ; equipment, maintenance, and operation ot a research laboratory, .known as the Langley Memorial .Aeronautical Laboratory ; maintenance, operation, and exchange ot one motor-propelled passenger-carrying v~icle; personal serviees 1n the field and in the District of Columbia; in all, $522,000, of which amount not to exceed $52,680 may be expended for personal services in the District of Columbia: Provided, That of the amount appropriated berein $40,000 shall be available only for the construction of an additional laboratory building in conneetlon with the 1·esearch laboratory at Langley Field, Va.

1\Ir. BLANTON. 1\Ir. Chairman, I offer the 1ollowing amendment, which I send to the desk.

The Clerk read as follows :

Page 20, line 15, strike out the language "one motor-propelled passenger-carrying vehicle.''

Mr. BLANTON. Mr. Chairman, Washington is noted internationally for being a city of beauty. Next Monday they are going to start what is known :as a double-deck bus up and down Sixteenth Street, which, I take it, "Will soon be named the Avenue of the Presidents. I came down Sixteenth Street this morning and my mind and my beart have been disturbed ever since. I saw one of those double-deck busses that has not ~uun to run ryet with a bunch of laborers on top of it going down the space right next to the sidewalk cutting all of the limbs off of the trees so that it would have a clear way of going down the treet without being interfered with by the trees. That is a desecration that ought to stop. If the earnmissioners of this eity were responsible to the people here instead of to politics for their office, they would not permit that. In some cities if you were to let a corporation for a commercial reason destroy the beautiful trees of the city, you would find the property owners there with shotguns to stop them.

I can not understand why the commissioners of the city will let a business enterprise of that kind go up and down that beautiful Sixteenth Street and destroy these trees. I happened to be in the company this morning of our friend the Doorkeeper of the Honse Mr. Kennedy, who lives out where I do and we were togethe~ and that was the subject of our conversation all the way down to the Capitol. It hurt us both to see that action taken.

Mr. LAGUARDIA. Was not something said on the floor of this House to the effect that they would not be permitted to cut the trees?

Mr. BLANTON. I do not remember. They do as they please. They go and get an order from the commissioners, and what do these greedy corporations care about trees? It is the money that they are after.

Mr. LAGUARDIA. 1\1y recollection is that it was expressly provided when the matter came up here.

Mr. BLANTON. I hope the newspapers of this city will make it so hot for these commissioners that they will take a stand and stop it. They ought not to be permitted to cut a. limb off of a tree. They ought not to be permitted to destroy a single tree on any street in Washington.

Mr. WEF ALD. Does not the gentleman remember the Bible story about Absalom and what happened to him? It might happen here if they did not trim the trees. ·

Mr. BLANTON. I remember, and if we could hang them up like Absalom was attended to possibly it would not-

Mr. WEFALD. The gentleman would not object? Mr. BLANTON. I will not object. The gentleman will find

out they are acting more wisely than did the distinguished gentl8man to whom the gentleman has referred. They are taking obstacles out of the way and they are going to have an open path down that street.

Mr. WEJFALD. The gentleman referred to had not acted t,-ery wisely and did not abide by the caucus.

Mr. BL~~ON. Yes. But the gentleman is getting partisan and now I will yield the floor.

The CHAIRMAR Without objection the pro forma amendment will be withdrawn and the Clerk will read.

The Clerk read as follows: TARIF11' COMMISSION

For salaries and expenses of the United States Tariff Commission, Including purchase and exchange of labor-saving devices, the purchase ot professional and scientific books, law books, books of reference, new9-papers and periodicals as may be necessary, as authorized under Title VII ot the act entitled " An act to Increase the revenue, and for other purposes," approved September 8, 1916, and under sections 315, 316, 317, and 318 of the act entitled " An act to provide revenue, to regulate commerce with foreign countries, to encourage the industries ot the United States, and for other purposes," approved September 21, 1922, $712,000, of which amount not to exceed $569,980 may be expended for personal services in the District of Columbia : Provfd,ecl, That no part of this appropriation shall be used to pay the salary of any member of the United States Tariff Cqmmission who shall hereafter participate in any proceedings under said sections 315, 316, 317, and 318 of said act, approved September 21, 1922, wherein he or any member of his family haa any special, direct, and pecuniary interest, or in w.hich he has acted as attorney or special representative.

Mr. CHINDBLOM. Mr. Chairman, I make a point of order against the proviso beginning with the word " provided " in line 19, on page 25, and extending to the end of the paragraph, including the word "representative," on page 26, line 2, on the ground that it is legislation upon an appropriation bill and is not a limitation nor an exception coming within the Holman rule for retrenchment of expenditures.

Mr. BYRNES of South Carolina. Mr. Chairman, I submit this amendment was offered last year and the point of order was argued at length and the Chair decided this very question, and I cite the Chair to page 5529 of the REcoRD of April 3, 1924, wherein the Chair ruled as follows :

The CRAIRMAN (Mr. B.m:cm). The Chair ls ready to rule. It seems to the Chair that this amendment is similar to other amendments whieh have been offered to appropriation bills. It appears to him that it is a limitatl<>n llDd · that the amendment does not change oTganic law. He has listened with interest to what the gentleman from Indiana has said in conneetion with the phrase " Who shall hereafter participate in any proceeding under said section," and the Chair thinks that 1t does not change existing law but refers particularly to the appropriation carried 1n this bill. It some expression similar to the word " hereafter " should not be inserted, it might be considered to be retroactive; that is, preyent some one wh<> has already served under such conditions from receiving his salary. The Chair bas examined a number of precedents, and they seem to substantiate his view. The Chair, therefore, overrules the point of order.

An identical point of order was made by the gentleman from Indiana {Mr. Woon] and it was overruled by the Chair, and I submit that the question has been decided.

Mr. BLANTON. Mr. Chairman, I make the further point of order that the point of order made by the gentleman is not well taken because that very word "hereafter" was put into this same appropriation bill last year and that the word "hereafter" made this permanent law, and the gentleman can not raise the point of order against it now because it was carried in the last appropriation bill with the word " hereafter" in it. It has been held time and time again that if you use the word "hereafter" that makes it permanent law, and that if you leave it out it does not.

The CHAIRMAN. The Chair understands the contention of the gentleman from Texas is that it is now the permanent law and it is not necessary to carry the language here.

Mr. BLANTON. It is merely surplusage, as it is the law. The word " hereafter " was put in the last bill.

Mr. GREEN. If the gentleman will permit one observation. As far as the word " hereafter " is concerned as used in the preceding law, it simply stated that no part of that appropriation shall hereafter be used. The appropriation act of last year said that no part of that appropriation shall hereafter be used. It is not in the sense in which the gentleman from Texas uses the term. -

Mr. CHINDBLOM. Mr. Chairman, I am entirely familiar with the action taken upon the consideration of this bill last year. The distinguished General Butler once appeared before the Supreme Court of the United States and offered a second motion for a rehearing. The court asked General Butler whether he was not aware that the rules of the court prohibited a motion for a second rehearing. He replied that he would not have had the temerity to appear before the court if he had not known what the rules of the court contained. One

2818 CONGRESSIONAL RECORD-HOUSE 'J NUARY 31

of the Justices of the Supreme Court then asked him how many times he thought that court should rehear a case. He replied, "With all deference, as many times as might be needed in order to assure justice." That was the reply of a distinguished counselor, and the court listened to him and upon its own motion took the case again under advisement and reversed its former opinion. Now, I submit to the Chair that this matter was not so conclusively disposed of a year ago that it can not now be considered again. The gentleman from Texas [1\fr. BLA."NTON] has fallen into apparently the same error that some gentlemen fell into in the discussion at that time, conceiving that the word "hereafter " had any effect in the way of making this permanent legislation. The distinguished gentleman who was presiding in the Committee of the Whole House on the state of the Union at that time disposed of that question, because he said in his opinion and in his ruling that the word "hereafter" did not refer to the permanency of the legislation but referred to the use of the appropriation contained in the bill under con ideration.

I submit, with all due deference, that this matter was not as thoroughly considered a year ago as the gentleman from South Carolina [l\:fr. BYRNES] has suggested. I find that the gentleman from Kansas [Mr. HocH], who proposed this amendment, used an argument on this point of order which I think is beside the question. I call particular attention to the language on page 5729 in the REcoRD of the Sixty-eighth Congress, first session, on April 3, 1924, where he said :

In order to answer that question, we must ask our elves this question: Is it required of a member of the Tariff Commission that he shall sit in every hearing regardless o! whether he has a personal interest or not? Certainly it is not. A member of the Tariff Commission can step aside in any particular hearing wherein he has a direct personal and pecuniary interest, and not only would not violate any law bot would be following out the common practice of all other commissions similar in character, as well as all judicial and quasi judicial bodies.

Let me call the Chair's attention to the fact that the situation of the Interstate Commerce Commission is exactly parallel. There is no law

· compelling members of the Interstate Commerce Commission or of the Tariff Commission to sit in any hearing in which they have a direct personal interest or no law denying their right to do so.

And further, on page 5730, the gentleman said with reference to another case :

Certainly if that amendment was in order this one is in order, because this does not change any substantive law in any respect. It simply directs the members of the United States Tariff Commission that wheu a case comE's up under the flexible tariff provisions in that case he shall step aside.

I "ill concede that that was the effect of the amendment then pending, and that is the only effect of this proviso-to prevent members of the Tariff Commission from taking part in certain cases. I submit that it does not limit the expenditure of the money or is designed to limit the expenditure of the money. The purpo e is to prevent members of the Tariff Commission from sitting in certain cases; and that, I submit, is a change in the existing substantive law relative to the duties and powers of the members of the Tariff Commis._ ion.

:Mr. BYRNES of South Carolina. Mr. Chairman, will the gentleman yield?

Mr. CHINDBLOM. Yes. Mr. BYRNES of South Carolina. The gentleman does not

contend that a member could not sit during the consideration of a schedule. There is nothing in this amendment which prevents him from serving. It simply says he can not be paid if be does do it.

Mr. CIDNDBLOM. ·I am quoting the language of the gentleman who submitted it a year ago, and I am quoting the argument made in behalf of the amendment, which induced the gentleman then occupying the chair to hold the amendment in order.

Mr. COLTON. Mr. Chairman, will the gentleman yield? Mr. CHINDBLOM. Yes. Mr. COLTON. Doe not this lay down a rule that is tanta

mount to a statutory disqualification of a member of the commission?

Mr. CHINDBLOM. Yes. Further, as to limiting expenditures, I will say tllat this amendment involves further enormous expenditures. It will be necessary for the Comptroller General, if be carries out this proviso, each month when be vouches for the payment of a salary to go back into the record of the Tariff Commission to ascertain whether a particular member has sat on the cases enumerated here; to ascertain whether be bas disqualified himself from obtaining the compensation herein provided.

Mr. BLA~~ON. Mr. Chairman, will the gentleman yi~ld? Mr. CHINDBLOM. Yes. Mr. BLAi~TON. Is the gentleman in favor of one of these

members sitting in a matter in which he has a financial interest?

Mr. CHINDBLOM. The gentleman is talking about the merits of the substantive law.

Mr. BLANTON. If it is meritorious, why not let it go through?

Mr. CHINDBLOM. I do not think we shoulu pe1·mit legislation to be enacted in that way, within our parliamentary rights.

Mr. CROW1.'HER. 1\lr. Chairman, will the gentleman yield? Mr. CHL~DBLOM. Yes. Mr. CROWTHER. Does not this destroy one of the funda

mentals in the original law by making this commission not nonpartisan, but partisan, for one is set aside?

Mr. CHINDBLOM. If I were discussing the merits I would agree entirely with the gentleman.

Furthermore it might be said that it makes it impossible for members to sit on the commis ion unle s they ba\e no business experience and no sub. tantial interests whatever. I submit to the Chair that while the proviso was held to be in order a year ago, it appeared by the language of the Cllair at that time that he had been particularly impressed with the argument that this word "hereafter" made it permanent law, and he was deciding that it did not hav-e that effect, and in that regard I think be was correct.

Mr. GREEN. Mr. Chairman, will the gentleman yield? Mr. CHI~'DBLOM. Yes. Mr. GREEN. I did not read the previous law with exact

correctness, although it does not change the argument I made. It ~pplied only to last year's appropriation.

The CHAIRMAN. Does the gentleman from Illinois yielu the floor to the gentleman from Iowa?

Mr. CHINDBLOM. Yes. lli. GREEN. The provi o says:

Pro-rided1 '.fhat no part of this appropriation shall be used to pay the salary of any member of the United States Tariff Commission who shall hereafter participate in any proceeding under sections 315, 8Hi, 317, and 318 of said act approved September 21, 1922, wherein he or any member of his family has any special, direct, and pecuniary intel'· est, or in rE'spect to the subject matter of which he has acted as attorney, or legislati~e agent, or special rt>presentative.

Mr. GARRETT of Tem1essee. Mr. Chairman, whatever the opinion of one may be as to the propriety of a limitation on an appropriation, so far as merit is concerned, it seems to me that there can be but little question about the precedents. While I do not have them here at my finger tips I feel quite sure that one could find in the legislation passed during the last quarter of a century innumerable cases that would be exactly on all-fours with the proposition contained in the limitation that is here to be made. The question was decided once on this \ery proposition. Of cour~e I shall not refer to the merits of the proposition. Some things gentlemen have said under guise of argument on the point of order go to the merits, but I shall not go into them. It seems to me under the precedents, well established precedents, there can be no doubt about this being in ·order.

The CHAIRMAN. The Chair is ready to rule. Having been informed in advance that a point of order would probably be made on this paragraph, the Chair took occasion to examine such of the precedents as he could finu readily, antl found only one that was directly in point, and that was the one last year, when this provision was the subject of a point of order.

The Chair bas taken occasion to read all the arguments pro and con in that case, and bas come to the conclusion that the ruling of last year was made without opporttmity for a thorough consideration of all the points that should have been covered in the di cussion of the matter.

The first point that appeals to the Chair is that this is not a limitation upon an appropriation touching the qualifications of the members of the Tariff Commi ·sion, but is a re trictive "' limitation upon their participation in the proceedings of that commission.

If the limitation were simply as to the qualifications of the members of the commission providing that no member who owned any stock in any corporation which was being inve. tigated could be a member of the commi. sion it would be in accord with a long line of precedents in this Hou~e, but it is not directed to the qualifications of those who !ire to receive the appropriation. It says:

1925 CONGRESSIONAL RECORD-HOUSE 2819 That no · part of this appropriation shall be used to pay the salary

of 11.ny member of the United States Tariff Commission who shall hereafter participate in any proceedings under said sections-.

enumerating them-• • • wherein be or any member of his family has any special, direct, and pecuniary interest, or In which he bas acted as attorney or special representative.

It seems to the Chair, that instead of being a limitation of the appropriation it in effect limits the participation of a commis ~ioner in the lawful proceedings of the commission, under the penalty of losing his salary.

There is this additional point that appeals to the Chair, namely, the additional duties that are imposed upon an executh·e officer, the Comptroller General. As was pointed out by the gentleman from lllinois [Mr. CHINDBLOM], the Comptroller General, before he can safely pay the salary of any one of these commissioners, must find out and satisfy himself that such. member has no interest and that no member of his family has any special, direct, and pecuniary interest in, or that he ha acted as attorney or special representative for any of the corporations investigated. The imposition of additional duties upon an executive is in effect legislation.

The Chair expresses no opinion as to the legislation itself. The legislative committees of this House are open at all times for the consideration of proper legislation in regard to these

• matters. It seems to the Chair that it would be a dangerous precedent, and one that would tend to involve us in the mazes of rider legislation on appropriation bills, to admit over a point of order language of this kind on an appropriation bill. Therefore, the Chair sustains the point of order.

Mr. WOOD. Mr. Chairman and gentlemen of the committee, in some respects I agree heartily with the gentleman from Texas [Mr. GARNER] with reference to this Tariff Commission law, but I want to admonish the Democrats. This is your creation, not ours. If I were framing a law for a tariff commission, it would be a partisan commission. Every member on it under a Republican administration would be a Republican believing in a protective tari1r policy, and you gentlemen believing in your ideas should have the same right to have your kind of a commission ; and I shall tell you why it would be eminently more fair than as it is now constituted. If these gentlemen are evenly divided, three of them believing in a protective tariff, three of them believing in a free-trade policy, you can see that they just lock horns immediately. That is what happens. If they were all Democrats, then the judicial temperament would be appealed to rather than the political.

.Mr. BYRNS of Tennessee. Mr. Chairman, -will the gentleman yield?

:Mr. WOOD. Yes. Mr. BYRNS of Tennessee. I know the gentleman is falr,

partisan though he be. If the gentleman were making the appointment, and the law specifically and emphatically provided for three Republicans and three Democrats, would the gentleman obey the law and ap:point three Republicans and three Democrats, or would he place a hal!-ba:ked Democrat on this side of the commission?

Mr. WOOD. I would try to obey the law. Mr. BYRNS of Tennessee. I am sure the gentleman would. Mr. WOOD. But we have had examples, not only in the past

but perhaps in the present, of where gentlemen who have the appointing power have been fooled. I never thought ·that Mr. Wilson should have appointed Mr. Kent on this board, because we all knew, who were Members of this Congress, that every dollar he had made was by reason of a protective tariff on the industries in which he was interested, and he advocated a freen·ade policy, particularly on wooL Yet knowing that fact, Mr. Wilson appointed llim a member of this board as a Republican.

Mr. BYRNS of Tennessee. I)oes the gentleman indorse that conduct?

Mr. WOOD. I do not. Mr. BYRNS of Tennessee. Is the gentleman going to have

his President do that? Mr. WOOD. I am not justifying that; but I say that you

gentlemen are inveighing against the present administration or the administration of Mr. Harding for appointing Mr. Glassie. I do not know Mr. Glassie, and I would not know him if he were to come in here this minute. I understand that he is a Democrat, but that he is a protective-tariff Democrat, 00. cause he comes from a section <..~ the country that is interested in protection on sugar. Suppose my good friend from Texas [Mr. GARNER] were a member of this board and that the question involved was whether there should be a tariff on the 1leece of goats ; where would he be?

I

Mr. G.A.RNER of Texas. I would render a verdict, just as every other Democrat would do, that you could not have a tarUf on goat hair any higher than a competitive tariff. That is the verdict that I would render, just as every Democrat ought to.

Mr. STEVENSON. Was the Mr. Kent to whom the gentleman from Indiana refers permitted•.to attend the Republican conferences or caucuses?

Mr. WOOD. He was not here in the days when we had caucuses--

Mr. STEVENSON. Whatever you had, did you invite him to them?

Mr. WOOD. But I say to you that if he had the same pre-dilection now that he had then, I would not invite him.

Mr. STEVENSON. Was he invited in those days? Mr. WOOD. Well, we had no caucuses in those days. Mr. STEVENSON. The gentleman's party had conferences,

did you not? Mr. WOOD . . Oh, yes. Of course, anybody can be admitted to

a conference, but nobody is bound by a conference. Mr. STEVENSON. And if they are invited to your confer·

ences does not the gentleman think that President Wilson had a right to assume that they were Republicans and therefore complied with the law?

Mr. WOOD. That is a subterfuge. President Wilson kept pretty close tab on what was gol.ng on in Congress and he knew the exact position the men occupied upon the question. But this is far afield.

Mr. BYRNES of South Carolina. I desire to ask · the gentleman in regard to Mr. Kent. I ask whether the gentleman from Indiana or any other Republican Member of the House protested against the appointment of Mr. Kent as a Republican, or whether they did not indorse him as a Republican, many Republican members of the Ways and Means Committee?

Mr. WOOD. I do not know whether they did or not. I do not think it would have done any good if they had, because of the fact that if there ever was a President in the United States who just simply had cowed the Senate in his administration it was President Wilson.

The CHAffiMAN. The time of the gentleman bas expired. Mr. WOOD. I ask for-five additional minutes. The CHAffiMAN. Is there objection? [After a pause.]

The Chair hears none. Mr. WOOD. Now, gentlemen, we can inveigh here against

this question as much as we will, but after all let us understand what this law is. The law does not provide that the member of this commission shall have any deciding power, and I think that the Chairman was exactly right in striking that out on the point of order because no matter what they might be, all partisans of one or the other, they are simply a fact finding commission, and if they report back to the President of the United States and if he finds them to be the facts be can act upon those or not as he sees fit. Now, suppose three of those gentlemen find a certain set of facts which in their opinion should be controlling, and the other three find the other way. Then after all it is left to the President the best he can to determine what is best for the country upon the opinion he has. Suppose it is very confusing as it is now contusing by reason of this bipartisan condition where there is a contest of minds in reference,to a policy instead of in reference to a finding of facts, and that is the reason why I say it is infinitely better if they were all of the same opinion, and i! they were all of the same opinion they would be fair in trying to ascertain the facts.

Mr. GARRETT of Tennessee. Will the gentleman yield? Mr. WOOD. I will. . Mr. GARRETT of Tennessee. The gentleman stated at the

outset that the Tariff Commission was of Democratic origin. That is, of course, correct. But the flexible provision of the tariff law was of Republican origin.

Mr. WOOD. That is correct. Mr. CIDJ'o.TDBLOM. Will the gentleman yield? Mr. WOOD. I will Mr. CHINDBLOM. Since the President might act or not as

he sees fit upon representations of the Tariff Commission, be could also act when he sees fit to act, could he not?

Mr. WOOD. Absolutely. Mr. CHINDBLOM. Then why complain of not acting at a

particular time? Mr. WOOD. Gentlemen, I will tell you where the whole mis

take is, in my opinion. The tariff proposition ought to Le an economic and not a political proposition. The time once was when it was a shibboleth of the Democratic Party to inveigh against the protective tari1f, and it even went so far as to declare it unconstitutional, and our good old friend Champ Clark,

2820 CONGRESS! ON .AL . R.ECORD-HOUSE J .A.NU.ARY 31

for whose memory I shall eT"er ha-re the greatest reverence, Now, let me go further: The Tariff Commission was apsaid that if be bad his way about it he would raze every custom- pointed in the first instance by President Taft in 1911. This bon. e in the .United States. Now, then, you gentlemen upon board was bipartisan in its membership. Subsequently, a new that side haT"e gone far away from that position. You gen- l~w was passed by a Democratic Congress retaining the bipartlemen from Texas, you gentlemen from Florida, you gentlemen tisan feature. As long as the Tariff Commission had nothing from the undeveloped S<>itth are more interested in a high ~o do except to report facts, nobody ever rose in this House

· protective policy to-day than manufacturing is, and it means attacking any member of the commission, nor was the1·e any the development of your country, and you know that there is trouble about the appointments on that board. It was suffinot a day that pa ses but what your people are becoming more cient that we should ·understand and believe that the members adherent to the policy of a protective tariff on account of the were honest enough and fair enough to report facts as they undeveloped interests of the South. found them ; and, consequently, as the reports came over from

Mr. GARNER of Texas. Will the gentleman yield there? the Tariff Commission to _the Committ.ee on Ways and Means, Mr. WOOD. I will. both Democrats and Republicans on that committee acc~pted Mr. GARNER of Texas. I understood the gentleman to say, them. -

and that was the argument of those who supported the flexible _ Mr. GARNER of Texas. Will the gentleman yield there for tariff, that we should take the question out of politics and one suggestion as to Mr. Lewis? · that it should become an economic question, and therefore we Mr. GREEN. Yes. . should have a Tariff Commission for the purpose of doing that Mr. GARNER of Texas. The gentleman, perhaps, fears that identical thing; but how can you do that tmless you have a the Senate may not confirm Mr. Lewis. If the President sends bipartisan commission instead of a partisan commission, such his name to the Senate as a Democrat, no Democrat there will as the gentleman wants? object to his confirmation.

Mr. WOOD. You will ne'\"'er do it in the world, in my opin- Mr. GREEN. I do not kliow anything about that; but I ion, with a so-called bipartisan board. do know that political matters have become involved in the

Mr. GARNER of Texas. How are you going to take it out make-up of the Tariff Commission, and that is exactly what we of politics and make it an economic question if you make it a ought to have expected. partisan question at the same_ time? The CHAIRMAN. The time of the gentleman from Iowa has

Mr. WOOD. I will tell you how to take it out of politics. expired. When your convention in your next presidential campaign Mr. GREEN. Mr. Chairman, I ask for two minutes more. comes along declare that it is an ecpnomic and not a political The CHAIRMAN. Is there objection to the request of the question. The Republican Party has taken that position long gentleman from Iowa that he may proceed for two minutes ago, and it was the cornerstone upon which it has made itself more? · gre.at and by which it bas established itself in the confidence There was no objection. of the people of this country. 1\Ir. GREEN. What we want is a Taritr Commission whose

The CHAIRMAN. The time of the gentleman bas again ex- findings will be accepted by the Members of this House and pired. by the country at large. We shall _never have it as long as we

l\1r. GREEN. Mr. Chairman, there is no necessity that I have this so-called "flexible .tariff" provision in the law, which should enter into any defense of the . President of the United throws the whole matter into politics. The findings and reStates, but I would say that exactly what I thought would ports they make to the President are now made a subject of happen has come about since this provision ca1led the " flexi- political controversy. The usefulness of the commission is ble tariff" has become part of our laws. In other words, the greatly impaired, and I hope before long that that provision Tariff Commission has been drawn into political controversies. will be taken entirely out of our law. Difficulties have ensued with reference to the appointment of Mr. CROWTHER. Mr. Chairman, will the gentleman yield? members of the Tariff Commission. That commission has lost Mr. GREEN. Yes. · credit in '\"'arious quarters. It no longer has the standing that . Mr. CROWTHER. If it had been possible for us to establish it once had; and, as I believe, its usefulness has been seriously the American valuation, we never would have had to bother impaired. with this flexible clause, would we?

Some reference has been made to the appointment by Presi- Mr. GREEN. I do not want to go into that. I think the dent Harding of Mr. Glassie as a Democrat, and it has been Tarifr Commission shoul be a ~act finding commission, and a said that nobody on this side knew anything about Mr. Glassie fact finding commission alone. Then its findings would be and his Democracy. I know nothing whatever about it my- accepted by the House as conclusive, as the reports of the self, but I will venture this assertion beyond all danger of Tariff Commission heretofore were always received. contradiction that Mr. Glassie's Democracy is as well estab- . Mr. OLDI!"'IELD rose. Ushed as the Republicanism of Mr. Kent or the Republicanism Mr. WOOD. Mr. Chairman, I move that all debate on this of Mr. Culbertson. None of those gentlemen bave been very paragraph shall close in 10 minutes. prominent in partisan matters, with the exception, 'possibly, Mr. BANKHEAD. Mr. Chairman, we have been in session of Mr. Kent, who was prominent enough to lead a large num· since 11 o'clock this morning, and there are several important ber of gentlemen on this side of the House to consider him provisions in the bill that will require considerable discussion. as not a Republican at all. Nevertheless, he was appointed ·on Would it not be expedient, after the conclusion of the speech that commission by President Wilson as a Republican. of the gentleman from Arkansas [Mr. OLDFIELD], that the com-

Mr. STEVENSON. Mr. Chairman, will the gentleman yield? . mittee should rise? It will hold us very late if we wait for Mr. GREEN. Yes; I yield to the gentleman from South the full and complete consideration of this bill.

Carolina. The CHA.IR:UAN. The gentleman from Indiana moves that Mr. STEVENSON. From which side of the House did Mr. all debate on this paragraph and all amendments thereto close

Kent get his committee assignments when be was in the House? in 10 minutes. The question is on agreeing to that motion. Mr. GREEN. He got them from the prevailing, the majority, The motion was agreed to.

side of the House, on the request, possibly, of the Republican The CHA.IRMAN. The gentleman from Arkansas [Mr. OLD-organization. But I am talking of a period when he had left FIELD] is recognized for five minutes. the House. Mr. OLDFIELD. Mr. Chairman, I thoroughly agree with

Mr. WEFALD. Was be from Wisconsin? the gentleman from Iowa, Judge G.BEEN, in regard to the flex-Mr. GARNER of Texas. Mr. Chairman, I thfnk my friend ible clause of the tariff law. I remember quite well that he and

from Iowa ought to say that while Mr. Culbertson might not I agreed upon that proposition in the ~ommittee. I think that have been an outstanding Republican, yet Mr. Harding re- provision ought to be repealed; and in addition to that, gentle· affirmed Mr. Wilson's judgment of him by reappointing him men, if we are going to have a partisan tariff board, then the as a member of this commission as a Republican. whole Tariff Commission provision ought to be stricken from

Mr. GREEN. I do not care to go into that. But I want this bill now. to say that when an attack is made on the President with ref- Therefore, I want to indorse and speak for the amendment erence to the appointment of Mr. Lewis we can know nothing offered by the gentleman from Texas [Mr. GARNER] striking about another matter that enters strongly into that question. out the whole provision with regard to the Tariff Commission. The President reappointed Mr. Lewis, but he has not sent his The_ gentleman from Indiana [Mr. WooD] said-and I have name to the Senate for confirmation for the reason that great respect for him-that he does not see how three Demopolitical matters enter into consideration as to whether or not crats and tllree Republicans can agree upon any tariff proposithe appointment will be accepted by the Senate; and while I tion. Well, we can not agree very well upon that, but I can have bad no communication from the President on the subject, take the gentleman from Indiana-and he is a Republican and I think that is the reason why Mr. Lewis's appointment has I am a Democrat-and I know we can take a certain set of not been aent to the Senate. f~cts and agree that they are facts. And that is all tbe Tariff

1925 CONGRESSIONAL R.ECORD-HOUSE 282·f

Commission is supposed to do. Many times the members of the Ways and Means Committee have asked the opinion of the Tariff Board when they would come there about certain things, but the members of the board would invariably answer, "We did not come here to express an opinion with regard to a policy ; we came here to give you the facts as we have been able to find them." That is what they have always done and that 1s the pw·pose of this law.

I remember quite well when the Tariff Commission was propo ed. I was in favor of it, and I was in fayor of it because I thought it was wise for the .Congre. s to have all the facts from eYery source. I felt then and I feel now that if the Tariff Commission was a b_ipartisan commission, s-o that three of them could watch the other three as to the facts and then bring those facts and lay them before us, there would be no disagreement as to the facts. However, it seems it is not only a question of a disagreement as to the facts which have gone to the President, but that there is a disagreement with regard to policy. Now, gentlemen, if we are going to have that situation-and it looks very much as though we are going to haYe that situation-it will not bring about the best l'esults for the American people.

I want to say that there was a provision in the law that was left out which would have enabled the Pre ident of the United States, if he had so desired, to appoint as members of the Tariff Commission the representatiyes of particular interests. Think of the dangerous practice of appointing a man as a member of this commission who represented the sugar interests here for years. Think of the dangerous practice of appointing as a member of this commission a man who has represented the lumber interests here for years, and yet I am afraid the Presiden has already made one of those mistakes. I do not want to say that is true until I have had an opportunity to investigate, but I have reason to belieT"e the President has made that Yery mistake and that he has appointed as a member of a certain commission a man who has been here for years acting as a lobbyist for special interests. I say that is not fah· to the American people, and it is not fair if we intend to keep the commission a bipartisan commission.

Mr. CROWTIIER. Will the gentleman yield? Mr. OLDFIELD. Yes. Mr. CROWTHER. The gentleman made the statement that

there would be no divergence of opinion among the members of this commission as to facts, but I call -the gentleman's attention to the fact that on two or three of the propositions that have been presented to them under the :flexible clause there haYe been both majority and minority reports and a great divergence of opinion as to facts.

Mr. OLD FIELD. As to facts? Mr. CROWTHER. 'Vell, at least, as to the conclusions they

draw from the facts. Mr. OLDFIELD. There might be a difference as to the con

clusions drawn from the facts, but it was the intention to have the members of the Tariff Commission avoid conclusions and let us draw the conclusions. Let them give· us the facts. Of course, the gentleman and I will not quite agree, and we never do on tariff questions. That is all right and that is perfectly proper. But the gentleman and I can sit down and agree on the facts if they will give us the facts.

Gentlemen, if this commi sion is going to find the ·facts and then d1·aw their own conclusions ft·om them it is a detriment to the American people and to the country instead of helping in thrashing out this great question of the tariff. Therefore, I want to vote on the que tion of abolishing, so far as this law is concerned, the Tariff Commission. [Applause.]

Mr. BEGG. Mr. Chairman, I move to strike out the last word. I do this for the purpose of relie\ing the mind of my genial friend from Texas [Mr. GARNEu], who complains because a certain gentleman having been appointed to the Tariff Commission by President Harding did not ring true as a Democrat, namely, Mr. Glassie. I do not know whether Mr. Glassie is a Democrat or not, but I belie\e I can go far enough to say that I know he was represented as a Democrat to President Harding, else he would not have been named.

Now, great stress is laid on the fact that Mr. Glassie has resisted the reduction of the tariff on a certain commodity. It may be refreshing to the gentleman from Texas to learn, or, rather, recall to memory the fact that the first tariff board appointed was appointed by a Democratic President, Mr. Wilson. I happen to have a little information regarding the personnel of that board, and up to this good hour you have never heard a Republican complain because any one of his appointments of Republicans failed in any respect to !ing true on that particular thing, the protective tariff.

LXVI-179

One of the first commissioners was Mr. Taussig, a Democrat without any question or doubt. The next man on the list was 1\Ir. Kent, a former Member of this House. When the passage of the Underwood bill was before the House and on a motion by Mr. Payne, of New York, to recommit it to the committee, Mr. Kent voted as a Democrat, and on the passage of the bill Mr: Kent voted as a Democrat on the tariff. Now, I do not b~heve you would go so far as to say that Mr. Wilson had nolated the law and had failed to name a Republican when he n~med Mr. Kent. If you are going to say that Mr. Harding VIolated the law when he named Mr. Glassie because he was n~t an outstanding antitariff man ·in the Democratic Party, I will call the gentleman's attention to the fact that both Senators from Louisiana, and I believe I am correct when I say some of the House 1\lembers from Louisiana, when the passage of the Fordney-McCumber tariff bill was before the House voted affirmati\ely. Yet the gentleman from Texas would not que tion for a moment their Democracy.

Mr. GA..R~TER of Texas. Yes; I would. Will the gentleman yield, because I do not think he wants to place me in an incorrect position?

Mr. BEGG. Yes; I yield to the gentleman from Texas. . Mr. G.AR ... ffiR of Texa~ I would question the Democracy of

either the Senators from Louisiana or any Member of the House from Louisiana when it came to functioning on the Tariff Commission as Democrats, who favored a high proteethe tariff.

1\Ir. BEGG. ".,.ould the gentleman question the Democracy of a man who made a speech on the emergency tariff and never printed it?

Mr. GAR!\"ER of Texas. Oh, well, I think I can get by with mine. [Laughter.]

Mr. RAThlnY. Will the gentleman yield? Mr. BEGG. I would like to call attention to the rest of the

personnel and then I will yield. Th~ next ~ppointment was that of Mr. Roper, and nobody

questwned his Democracy. The next appointment was of Mr. Culbertson, of Kan as, and nobody outside of Kansas, perhaps, ever heard of Mr. Culbertson's Republicanism, and even though he has differed from the policy of some of us on the tariff down to date I have failed .to hear 11 Republican criticize Mr: . ·wilson for violating the law in naming 1\Ir. Culbertson.

Mr. GARNER of Texas. He certainly did not violate it, because President Harding confirmed his judgment when he appointed Mr. Culbertson.

Mr. BEGG. Then we come to Mr. Lewis, who is the next man on the list, and nobody questions his Democracy ; but the sixth man on the list, in additlO!J. to the appointment of Mr. Kent, who never did vote the Republican ticket on the tariff bill. was Mr. Costigan, of Colorado, who voted the Democratic national ticket hoth times that Mr. Wilson was a candidate for office, and yet you did not hear any Republican come up here and cry over the fact that Mr. 'Vilson had violated the law. It seems to me it is going a long, long way to find somethinO' to find fault with when you bring up the fact that Mr. Glassi:, perhaps, was not the leading Democrat in Louisiana when he was appointed.

Now, I want to ta~e the same position that my colleague, the gentleman from Indiana [Mr. Woon] takes. A tariff commission with any authority to make a recommendation is a joke if it is made up of three protective-tari.fr Republicans and three free-trade Democrats, because there is not a possible chance for an agreement eYer.

Mr. RAThTEY. Will the gentleman yield to me now? 1\lr. B-EGG. I yield to the gentleman for a brief question. Mr. RAINEY. I want to call attention to the fact that the

former leader of this House, l\lr. James R. Mann, voted against the Payne-Aldrich taliff bill. Was Mr. Mann a Democrat?

Mr. BEGG. That was his privilege, if he wanted to do it but I want to call the gentleman's attention to something eL<;e' if you are talking about the tariff. The gentleman in the othe~ branch of the Government on whose shoulders seems to have fallen the mantle of leadership of the Democratic Party since the fatal disaster of November 4, la t Monday or Tuesday night-! have forgotten which-in Columbus Spent a whole hour trying to tell the people of Ohio that the Democratic Party had renounced its position on free trade and now stood for a protective tariff; and this morning the gentleman from Texas [Mr. Jo::-.~s] evidently speaking for that side of the Hou e because not a man raised his voice in protest, said the Democratic Party stood for a tariff for revenue only.

In conclusion I want to cite you to history. Beginning in 1816 you had your first financial panic in the history of the country, and every panic that has followed from that day to

.

/

.2822 CONGRESSIONAL RECORD-HOUSE J ANU .A.RY 31

this has followed a lowering and a :removal o:f the tariff, and following upon that a restoration of the tariff has ended the panic every time.

Mr. GARRETT of Tennessee. Will the gentleman yield? Tlte C.HAIRJ\IAN. The time of the gentleman from Ohio has

expired. l\fr. GARRETT of Tennessee. The panic of 1907-what tariff

was that under? {Applause.] The CHAIRMl\1-. The time of the gentlema.n from Ohio has

expired; all time bas expired. The question is on agreeing to tile amendment offered by the gentleman from Texas.

The question was taken ; and the Chair being in doubt, the committee divided; and there were-ayes 47, noes 42.

Mr. WOOD. 1\Ir. Chairman, I demand tellers. Tellers were ordered, and the Chair appointed as tellers the

gentleman from Indiana, Mr. Woon, and the gentleman from Texas, 1\lr. G AR~""ER.

The committee again divided; and the tellers reported that there were-ayes 63, noes 58.

So the amendment was agreed to. The Clerk read as follows: For all other expenditures authorized by the act approved Septem

ber 7, 1916, as amended, and by the act approved Jnne 5, 1920, including the compensation of a secretary to the board, attorneys, officers, naval architects, special experts, examiners, and clerks, including one admiralty counsel at $10,000 per annum, and one special expert at $8,000 per annum, and other employees in the District of Columbia and elsewhere; and for all other expenses o! the board, including the rental of quarters outside the District of Columbia, law books, books of reference, periodicnls, and actual and necessary expenses of members of the board, its special experts, and other employees, or per diem in lieu of subsistence when allowed pursuant to section 13 .of the sundry civil appropriation act approved August 1, 1914, while upon official business · away from their designated posts of duty, and for the emplooyment by contract or otherwise of expert stenographic reporters for its official reporting work, and including the investigation of foreign discrimination against vessels and shippers of the United States and for the investigation of transportation of immigrants in ves els of the United States Shipping Board, $238,000.

Mr. BYRi~ES of South Oarolina. Mr. Ohah·man, I offer an amendment.

The CHAIRMAN. The gentleman from South Carolina offers an amendment, which the Clerk will report.

The Clerk read as follows : Amendment oft'ered by :Mr. BYRNES of South Carolina: On page 27,

line 6, after the figures "$238,000," insert t( Prov·iaedJ That no part of the moneys made available by tlti.s act for the United States Shipping Board or the United States Shipping Board Emergency 1M.eet Corporation shnll be used to pay to an assistant to a member of the Shipping Board a salary in excess of $6,500 per annum."

1\Ir. BYRNES of South Carolina. 1\Ir. Chairman, the hearing show that the chairman of the Shipping Board l1as an assistant w.ho receive a salary of $10,000. The hearings show that he entered the E:ervice in 1918, and between then and 1923 he was raised to $7,500, then to $8,000 in 1924, and ngain from $8,000 to $10,000 in 1924. A .Member of the Congress receives $7,GOO a y.ear. This assistant to a member of the Shipping Board receives more compensation for his services than a Member of the Senate or of the House; he receives compensation almost as great as the compensation of a member of the Cabinet, and the duties he performs are very vague and indefinite. He is assigned as nn as istant to the chairman of the board.

1\Ir. SNELL. Will the gentleman yield? Mr. BYRN"lllS of South Carolina. Yes. Mr. SNELL. To just what person or position does the gen

tleman's amendment apply? 1\Ir. BYRNES of South Carolina. It applies to any assist

ant to a member of the Shipping Board. It provides that no assi tant shall recei've more than $6,500. An Assistant Secretary of the Navy up to last year received $5,000. Under the reclassification law be receives $7,500 this year. This is true of the Assistant Secretary of War and of the assistant secretaries in all the other departments of the Government; but when it comes to a commissioner of the Shipping Board, he has to have a $10,000 assistant in order to perform his duties.

l\Ir. LAGUARDIA. Will the geutl(lmRn yield? 1\Ir. BYR11r"ES of South Carolina. Yes. Mr. LAGUARDIA. Had this man ever had any experience

1n the shipping business? !\lr. BYRNES of South Carolina. I do not think so. He

was in the service of the Government in an $1,800 position. I have no critici m to make of a Dlllll's advancing rapidly in life, but I contend that the position of assistant to a member

of the Shipping Board does nat justify a salary of $10,000. I have no criticism to make of the gentleman. If his services are so essential the President might remove some member and appoint him.

Mr. LAGUARDIA. It might be a good investment if we had somebody on the board who knew something about shipping.

1\Ir. BYRNES of South Carolina. That would be a justifieatimf, but this gentleman, prior to his service with the Shipping Board, was an emplqyee of the Federal Trade Oommission and later of the Court of Customs. He is also a lawyer but I understand has never practiced.

Mr. Sl:\"'ELL. Does the gentleman from South Carolina maintain that this man is not worth the salary of $10,000?

Mr. BYRNES of South Carolina. He may be a man of ability. I have had no opportunity to pass upon his qualifications. But Congress never intended to e tablish the position of assistant to a member of the Shipping Board and fix his compensation at $10,000 a year. There is no such position established by law. This man is employed by the Fleet Corporation and then assigned to the chairman of the Shipping Board.

Mr. SNELL. What salary does a member of the Shipping Board get?

1\lr. BYRNES of South Carolina. He gets $12,000. The bureau chiefs in all of the departments get $6,500, and that is why I put the amount at $6,500 in the amendment. Certainly an assistant to a member of the board or a commission ought not to get a greater compensation than is paid to the chiefs of bureaus. The law never contemplated that a member of the board should have an assistant at even $6,500 per year.

Mr. S.NELL. To a certain extent I agree with the gentleman, but on the other hand I do not think we want to fix the salary of a man at less than he is worth in the .service of the Government.

Mr. BYRNES of South Carolina. It would be exceedingly difficult for us to pass on the mental qualifications of every employee and fix his compensation. The Assistant Secretary of the Navy and the Assistant Secretary of War and the Assistant Secretary of Commerce do not get over 7 ,500. I think S6,500 is a liberal compensation to provide for an assistant to a member of the Shipping Board. The gentleman knows we have seven commis ioners, who are drawing salaries of $12,000 each, and I do not see why they need any assistants at all.

Mr. SNELL. That may be true, but if we have an assistant, we ought to pay him the value of the services rendered. That is a general proposition.

Mr. BYRNES of South Carolina. You would not pay an assistant more than you paid the commissioner?

Mr. SNELL. Perhaps so; perhaps he might be worth more. Mr. WOOD. 1\lr. Chairman, I hope the amendment pro

posed by the gentleman from South Carolina will not prevail, on account of the very dangers indicated by the gentleman from New York. It might be possible that the evidence referred to by the gentleman from South Carolina in the hearings indicated that this man was not worth $10,000. On the other hand, this amendment is so broad in its scope that it is striking down some of those w.ho are perhaps worth the .$10,-000. I am not here to say that the gentleman to whom he refers may not be worth $10,000. I confess he did not make as good a showing before the committee as he might have made, but he was not expecting to be examined as to his peculiar qualifications. True, he .rose from a $1,800 position to this $10,000 place, but he is not to be criticized for that; he may be worth it. But we should not condemn those who have had no h~aring and no chance to state their qualifications. We should not include in the same category a number of others by reason of the wide scope of the amendment.

I have long contended that there are some gentlemen on this board that are not worth $12,000, because they do not pay any attention to the business at all, but the organic act :fixed their salaries. I expect it would be a good deal better for the country if they had some assistant who was qualified by reason of his experience in the line of discharging the duties of that office. Men who are placed on the commission receive $12,000 a year, even of them, without any reference whatever to their .fitness.

They would not have been selected for that business by the head of any private enterprise.

1\Ir. BYRNS of Tennes ee. Will the gentleman yield? Mr. WOOD. Yes. 1\Ir. BYRNS of Tenne~ee. We have seven members on the

board, all of whom are drawing a sala r y of M2/ )00 each-the Shipping Board separate from the Emergency lfleet Corpora-

1925 CONGRESSIONAL RECORD-HOUSE 2823 tion. I would like to ask what these seven men do and why any of them need an assistant? Why do we want more than seven cominissioners?

1\lr. WOOD. He must have an assistant, because he does not know much about the business. [Laughter.]

Mr. BYR.r TS of Tennessee. Then, I think the President should call for their resignations and put some one in who does know about the business.

Mr. WOOD. The organic act provides that if these men do not devote their entire time to the business they are subject to removal, and yet from the very inception, under 1\lr. Wilson, there have been men on the commission who do not pay any attention to the business at all.

Mr. BYRNS of Tennessee. I agree with the gentleman, and that is one reason why I say if they are not capable the President should ask for their resignations and get some one who can attend to the business and not pay an assistant $10,000 a year and pay the man $12,000 a year.

Mr. BARKLEY. Is not there some way by which these positions could be reversed, so that the assistant may be made the commissioner and the commissioner the assistant?

Mr. WOOD. I think that would be better. That is one of the handicaps, and has been, with reference to the efficient operation of ' the Shipping Board and the Emergency Fleet Corporation. I have thought for a long time, and still think, that these two activities should be separated. That there is conflict in authority there anyone who has investigated the facts well knows, and it can not operate to the best advantage of the Government or to the best advantage of itself until that conflict ceases. I know that men have been appointed from the time of the creation of the Shipping Board to the Emergency Fleet Corporation who knew no more about shipping than I know about conducting the business of any great commercial enterprise in this country.

I have the utmost faith in the man who is now at the head of the Emergency Fleet Corporation, Admiral Palmer. The evidence adduced before the committee shows that he has reduced the expenditures within the last year and up to the 1st day of January by more than $700,000, and they have been reduced since that time by $100,000. That can only be done by keeping an organization that knows something bout the business. I am not going to say that the gentleman who has been referred to here by the gentleman from South Carolina [Mr. BYR~Es] is not qualified. I do not know. These gentlemen who are responsible for the conduct of this business ought to know. I know that Admiral Palmer is getting rid of some of the deadwood in that organization which should have been ousted long ago.

Mr. STEVENSO~. Are any of those gentlemen who have been on this commission at $12,000 a year and who have paid no attention to it, still there?

Mr. \VOOD. I have not heard of any of them resigning. Mr. STEVENSON. I understood the gentleman to say that

the power was in the President to remove them. Why has he not removed them?

Mr. WOOD. The gentlemen that I have in mind were appointed by President Wilson, and they are there yet.

Mr. STEVE~SON. But you have had a President for four years, and that is about time enough to get a fellow out.

Mr. CLEARY. Mr. Chairman, will the gentleman yield? Mr. WOOD. Yes. . Mr. CLEARY. I have never heard attention called to it that

we have hundreds of old vessels lying up around the counti·y, that we have millions of dollars tied up in them, that they are costing millions of dollars to take care of, and are not doing a darn thing except rusting out. Why does not the Shipping Board dispose of those old vessels. Right opposite the town of Peekskill, on the Hudson, a .fleet has laid ever since the war.

Mr. WOOD. The reason that these ve ·sels have not been disposed of is because of the fact they can not get anybody to buy them. Many of these vessels were built without regard to their seaworthine s, many of them are so badly built that they are not seaworthy, and some of them might be of use in the coastwise trade except for the fact that they draw too much water, and I believe it would be economy to burn them and get rid of them-to scrap them.

Mr. McDUFFIE. They have already disposed of the wooden .fleet.

Mr. WOOD. Yes; the greater portion of it; and they were criticized for doing that, yet they saved this Government hundreds of thousands of dollars a year by disposing of them. Gentlemen who know something about ships tell me that they deteriorate faster when lying idle than when in operation.

Mr. STENGLE. Mr. Chairman, will the gentleman yield? Mr. WOOD. Yes.

Mr. STENGLE. I have listened with considerable interest to the refreshing confession of the gentleman concerning the activities of the present Shipping Board. Will the gentleman support an amendment or offer one that will wipe out this appropriation as we did in the case of the Tariff Commission?

Mr. WOOD. Oh, we could not afford to do that. The merchant marine of this country means much to its future. Whenever the American flag is :floating to-day it is an insigna of United States operation, and by reason of your merchant marine it may be seen to-day upon every sea, where it was not appearing at all before the starting of the present merchant marine. Would we wipe it out simply because we are not content with the present conduct of its management? Would we disgrace the flag we all have honored? Would we put in the discard the possibility of America's future as can best be guaranteed by the establishment of a merchant marine? No. What we ought to do is to stand shoulder to shoulder, endeavoring as best we can to establish a merchant marine not only worthy of the country that we here represent, but worthy of the traditions of the past, worthy of that history that was made when we were the kings of the sea, and when we were acknowledged as the greatest maritime power on the face of the earth.

Mr. RAKER. Mr. Chairman, will the gentleman yield? Mr. WOOD. Yes. Mr. RAKER. On page 27 of the bill in respect to the ques

tion of the merchant marine, would the gentleman advise the committee whether he means by merchant marine the employment of Americans or those who may become American citizens on Shipping Board vessels?

Mr. WOOD. We can not employ anybody except Americans upon our vessels.

Mr. RAKER. Will the gentleman tell the committee why it is that whol~ crews on the Shipping Board ships to-day are alien, inadmissible to citizenship in the United States?

Mr. WOOD. I think the gentleman is mistaken. Mr. RAKER. I am not mistaken. We heard the testimony

of the Shipping Board the day before yesterday in the committee.

Mr. WOOD. If that is true.Mr. RAKER. It is absolutely true. Mr. WOOD. Then I am under a misapprehension. My

understanding is that under the seaman's act we must employ Americans on American vessels.

The CHAIRMAN. The time of the gentleman has expired. Mr. LAGUARDIA. Mr. Chairman, I have an amendment to

the amendment offered by the gentleman from Tennessee. The CHAIRMAN. The Clerk will report the amendment. The Clerk read as follows: After the word "annum" in the amendment ol'l'ered by the gen

tleman from South Carolina [Mr. BYRNES] insert u Provided further, That such as istant shall have bad at least five years' previous experience in the business of steamboat transportation of freight and passengers."

Mr. WOOD. Mr. Chairman, I make a point of order it is legislation upon an appropriation bill that is not warranted.

Mr. LAGUARDIA. Will the gentleman reserve his point of order? I do not think I could argue very well against the point of order.

The CHAIRMAN. The gentleman reserves the point of order.

Mr. LAGUARDIA. Mr. Chairman, the purpo e of introducin.g this amendment, which I fear is subject to the point of order is to call the attention of the committee to the fact that th; Shipping Board is not suffering from too little salaries or too big salaries. The trouble is we have not the right kind o:f' personnel. No salary would be too big if we could get the dght kind of men to run the ships belonging to the Government. You can not make a shipping man overnight and, unlike the Tariff Commission we have just been discussing, political affiliations do not neces arily make him able, competent, or experienced to run a big shipping business in competition with the shipping interests of other countries. And as I observe the operations of the Shipping .Board and its difficulties I conclude that we have not the right kind of men at the head of it.

Mr. BYRNES of South Carolina. Will the gentleman yield? Mr. L.AGUARDIA. I will Mr. BYRNES of South Carolina. The gentleman will get

the distinction that in the Emergency Fleet Corporation we have Admiral Palmer, who has a number of assistants who are paid such salaries as are fixed by him as may be allowed by the Congress. This man is an assistant to the chairman of the Shipping Board, and does not profess to have had any shipping experience. He has been in the department for 21 years and

2824 CONGRESSIONAL RECORD-HOUSE J A.NU ..illY 31

in the Federal Trade Commi ion and then in the Customs Appeals and is now with the Shipping Board and is receiving $10,000 as an assistant to a member of the Shipping Board.

Mr. LAGUARDIA. I agree this man is not qualified to do the work, but if we get the right kind of a man to assist the commissioner possibly the salary would not be too much. That is exactly the point I am trying to make. With all due respect and deference to any admiral of the Navy, the training and experience and background of a naval officer is not such as to prepare him to manage and operate a steamship company engaged in competitive business. That is the point I am trying to make.

Mr. LOZIER. Will the gentleman yield? Mr. LAGUARDIA. I will. Mr. LOZIER. We have heard on the floor of this House

the amazing statement that some of the members of the Shipping Board are grossly inefficient. Has this great Government no power to relieve itself of these inefficient officials?

Mr. LAGUARDIA. I believe it is common knowledge the way British und German shipping interests are putting it over on us, and I do not believe a statement on the floor of this House is necessary to establish that fact. What we should do is to go out into the market and get the best available man or men and pay the salary commensurate with the duties and conduct this shipping business in a businesslike way, and until we do that we will get nowhere. We are paying too big salaries for the little men we have and too little salaries to get big men we need.

The CHAIRMAN. The time of the gentleman has expired. Mr. RAKER. Mr. Chairman, I rise in opposition. The CHAIRMAN. There is a point of ord& pending. Mr. RAKER. It has been resened. The CHAIRMAN. The gentleman asks unanimous consent

to proceed under the re ervation. Mr. RAKER. I will speak to the bill directly. Mr. WOOD. I make the point of order. The CHAIRMAN. The gentleman from Indiana insists upon

the point of order. The gentleman from South Carolina [Mr. BYn ""ES] offered an amendment by way of a limitation to the paragraph. To this amendment the gentleman from New York [Mr. LAGUARDIA] offers an amendment in the following language:

PrO'Videa further, That such assistant ·shall have at least five years' previous experience in the business of steamship transportation ot freight and passengers.

This amendment is clearly an affirmative, positive declaration and is l€gislation on an appropriation bill. The Chair, therefore, sustains the point of order.

Mr. RAKER. 1\Ir. Chairman, I move to strike out the last word. The gentleman from Indiana [Mr. WooD] has said that to constitute the American merchant marine all on board, from the steward's department, crew, firemen, deckhands to officers, should be Americans. In this we heartily agree. The chairman of the Shipping Board day before yesterday appeared before our committee and stated that he hoped the day would come when we would have on American ships American crews 100 per cent, but the facts are that on the vessels now plying between eastern coasts and Europe many aliens are employed on American ships in place of American citizens when American citizens are applying for work and can not get it in preference to the aliens employed. On the Pacific coast there are some, my recollection is, 10 vessels. On some of the vessels all the crew in the steward's department are aliens inadmissible to land in the United States, inadmissible to become citizens, and they constitute the crew on American ships now running under the control of the Shipping Board and under our flag.

Mr. STEVENSON. Will the gentleman yield? Mr. RAKER. I do. Mr. STEVENSON. Of what prevailing nationality are those

crews? Mr. RAKER. Chinese, Hindus, Malays, Laskars, some

Japanese, and many Filipinos. Mr. LAGUARDIA. Mr. Chairman, will the gentleman yield

right there? 1\Ir. RAKER. Let me just complete this, and then I will

yield. The representative of the Shipping Board mentioned a ves el on which the crew was composed in the way I have stated. We shall have a bill eventually under consideration to exclude these pepole. I ask the House to think whether or not we should permit such parties to be on American ships at the present time. The counsel for the Shipping Board, Colonel Griffith, said that one crew, I think, embracing some 60 or 70, were all Chinese save and except 10, who held the higher positions.

Mr . .ALLGOOD. Mr. Chairman, will the gentleman yield? Mr. RAKER. Yes. Mr. ALLGOOD. How does the gentleman account for this

preference given to foreigners? Is it on account of low wages?

Mr. RAKER. Well, they are said to be more amenable to orders. They endure more knocking and bucking around. They work for cheaper wages. And these orientals, from testimony that is undisputed and indisputable, are engaecring in the nefarious art of smuggling opium, heroin, and other narcotics into the United States, and they are willing to pay for permission to work on the vessels and get these jobs.

Mr. MOORE of Virginia. Mr. Chairman, will the gentleman yield?

Mr. RAKER. Yes. Mr. MOORE of Virginia. Is the gentleman quite certain

that the existing statute requires that the crew shall be Americans?

Mr. RAKER. I have not stated that the law requires it, but I may say that while we are running American vessels under the American flag, aliens inadmissible to citizenship in the United States are permitted to be employed on these vessels, for the reason named, in preference to Americans.

I want to call attention to an order made last month. The order is that in the employment of crews on American ships the order shall be as follows : First, American citizens ; second, Filipinos ; third, those who have taken out their first papers to become citizens of the United States; and fourth, those who have not yet attempted to become citizens of the United States but who are eligible. So the second on our vessels is the Fill~ pino, who can not be naturalized, and those who have taken out their first papers or who can eventually become citizens ot the United States are excluded in preference to the Filipino, when, for our own protection, they should all be American citizens. There is no possible excuse for it being otherwise and in particular as it is to-day. There should be no mixed c~ews.

Mr. WOOD. Mr. Chairman, I move that the committee do now rise.

The question was taken ; and the Chairman announced that the ayes seemed ta have it.

Mr. BYRNES of South Carolina. Mr. Chairman, I demand a division. •

The CHAIRMAN. A division is demanded. The committee divided; and there were-ayes 58, noes 65. The CHAIRMAN. The committee refuses to· rise. Mr. WOOD. Mr. Chairman, I ask for tellers. The CHAIRMAN. The gentleman from Indiana demands

tellers. Tellers were ordered ; and the Chairman appointed Mr.

WooD and Mr. BYRNES of South Carolina to act as tellers. The committee again divided; and the tellers reported-ayes

59, noes 70. The CHAIRMAN. So the committee declines to rise. The

question is on agreeing to the amendment offered by the gentleman from South Carolina [Mr. BYR!IlEB].

The question was taken, and the Chairman announced that the ayes seemed to have it.

Mr. WOOD. A division, Mr. Chairman. The CHAIRMAN. A division is demanded. The committee divided; and there were-ayes 87, noes 68. Mr. WOOD. Mr. Chairman, I demand tellers. Tellers were ordered ; and the Chairman appointed Mr.

WooD and Mr. BYRNES of South Cru.·olina to act as tellers. The committee again divided; and the tellers reported-ayes

93, noes 59. So the amendment was agreed to. Mr. WOOD. Mr. Chairman, I move that the committee do

now rise. The motion was agreed to. Accordingly the committee rose; and the Speaker having re

sumed the chair, Mr. Trr..soN, Chairman of the Committee ot the Whole House on the state of the Union, reported that that committee, having under consideration the bill (H. R. 11505) making appropriations for the Executive office and sundry independent executive bureaus, boards, commissions, and Qffices, for the fiscal year ending June 30, 1926, and for other purposes, had come to no resolution thereon.

LEAVE OF ABSENCE

By unanimous consent, leave of absence was granted as follows:

To Mr. FrsHER, for an indefinite period, on account of sickness.

To ?t!r. ALMoN (at the request of :Mr. OLIVER of Alabama), for one week, on account of the death of his on-in-law, Mr. Johnson, a distinguished and honored citizen of Atlanta.

1925 CONGRESSIONAL RECORD-HOUSE 2825 DESIGNATION OF · SPEAKER PRO TEMPORE

The SPEAKER. The Chair designates to preside to-morrow at the memorial exercises for our former colleague, Mr. LrrTLE, the gentleman from Kansas, Mr. TINCHER.

OCEAN -TO-QCEAN HIGHWAY

Mr. SWING. Mr. Speaker, I ask unanimous consent to extend my remarks in the REcoRD by inserting an invitation addressed to the Speaker and to the Members of the House to attend the celebration commemorating the completion and opening of the ocean-to-ocean highway.

The SPEAKER. The gentleman from O.allfornia asks unanimous consent to extend his remarks in the RECORD for the purpose indicated. Is there objection?

There was no objection. Mr. SWING. Mr. Speaker, I desire to avail myself of the

privilege granted me of extending my remarks in the REcoRD by inserting the invitation of Col. Benjamin F. Fly, the authorized representative of the Associated Chambers of Commerce of Imperial County, Calif., and the Yuma (Ariz.) Chamber of Commerce to the Speaker and Members of the House to attend the celebration to be held at Yuma, Ariz., February 28, 1925, commemorating the completion and opening of the Ocean-toOcean Highway:

WASHINGTON, D. C., Januar11 31, 1925. Hon. FREDERICK H. GILLETT,

Speaker of the House of Representativea, Washington, D. 0.

MY DEAB MB. SPEAKER: In _presenting you and the Members o:f the House this invitation to attend our " good roads " celebration in Ytnml., .Ariz., I probably can best express myself by quoting the invitation I had the honor of extending President Coolidge this morning. I hope you and the House will accept this in the same hearty spirit in which it is extended. Here is what I said to the President :

" Mr. President : On February 28, 1925, an historical event will take place in Yuma, Ariz., no less important than was the driving of the ' golden spike' at that same point fifty-odd years ago when the great Southern Pacific Railway was declared completed from ' coast to coast.'

" This coming event is in commemoration of the completion of the open-all-the-year highway from the zero milestone in the Ellipse to the zero milestone in San Diego, and thence on to Los Angeles and San Francisco. It is fraught with more real importance to the average man of to-day than was the girdling of our continent with bands of steel, for this new completed automobile highway affords the everyday man an opportunity to start 1n his ' Tin Lizzie ' from the icebound shores of the Atlantic and traverse a perfectly good highway to the sun-kissed shores of San Diego. He can take his own time, and see something new along every mile of the route.

"And, Mr. President, when the eastern auto tourist reaches • my beloved Yuma Mesa,' and the great Imperial Valley of California, he will then view the real 'wonderland ' of America, where the sun shines every day in the year, where old Jack Frost never lays his icy hand, and where at his own sweet will he can pluck the fragrant desert flowers of wondrous hues, or smack his lips over the most luscious grapefruit the world has ever known.

"The good people of Yuma and Imperial Valley, through their combined chambers of commerce, have delegated this pleasing task to me. I now have the great honor of presenting to you this formal invitation to be their guest on this auspicious occasion. It would be a joy forever if you could be there. Let me express the hope, at least, that on that day your thoughts will be with those sturdy old pioneers who are not only making the desert blossom like the proverbial rose in the springtime, but who with their own hard-earned cash have made this ocean-to-ocean highway possible. • • • "

BEN FRANKLIN FLY, Representing the Associatea Chambers of Commerce oJ

Imperial County, Oalif.; Yuma Chamber of Commerce; Yuma Water Users' Association; Yuma MesCJ Unit HoMers' Association; Arizona Gooa Roads Association.

ADJOURNMENT Mr. WOOD. Mr. Speaker, I move that the House do now

adjourn. The motion was agreed to; accordingly (at 4 o'clock and 44

minutes p. m.) the House, under the order previously made, adjourned until Sunday, February 1, 1925, at 12 o'clock noon.

EXECUTIVE COMMUNICATIONS, ETC. Under clause 2 of Rule XXIV, executive communications

were taken from the Speaker's table and referred as follows : 832. A letter from the president of the Capital Traction Co.,

transmitting report of the receipts and disbursements of the

Capital Traction Co. for the year ending December 31, 1924 ; ·to the Committee on the District of Columbia.

833. A letter from the Secretary of Commerce, transmitting statement of expenditures in the Coast and Geodetic Survey for the fiscal year ended June 30, 1924 ; to the Committee on Expenditures in the Department of Commerce. ·

834. .A communication from the President of the United States, transmitting deficiency estimates of appropriations for the fiscal year 1924 and prior years amounting to $5,259, and supplemental estimates of appropriations for the fiscal year ending June 30, 1925, amounting to $291,824, for the Department of the Interior, in all, $297,083 ; also a draft of proposed legislation affecting existing appropriations (H. Doc. No. 594) ; to the Committee on Appropriations and ordered to be printed.

835. A communication from the President of the United Sta.t.es, transmitting supplemental estimates of appropriations for the Treasury Department for the fiscal year 1925, $2,422,-941.84 ; and for the fiscal year 1926, $5,000 ; in all, $2,427,941.84; also proposed legislation affecting the use of existing appropriations (H. Doc. No. 595); to the Committee on .Appropriations and ordered to be printed.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of Rule XI.IT, Mr. EDMONDS: Committee on the Merchant Marine and

Fisheries. H. R. 11884. A. bill to establish home ports of vessels of the United States, to validate documents relating to such vessels, and for other purposes; without amendment (Rept No. 1355). Referred to the House Calendar .

Mr. GILBERT : Committee on the Library. H. R. 9724. A bill to authorize an appropriation for the care, maintenance, and improvement of the burial grounds containing the remains of Zachary Taylor, former President of the United States, and of the memorial ~aft erected to his memory; with amendments (Rept. No. 1354). Referred to the Committee of the Whole House on the state of the Union.

Mr. FISH : Committee on Foreign Affairs. H. R. 11957. A bill to authorize the President in certain cases to modify vise fees; without amendment (Rept. No. 1359). Referred to the Committee of the Whole House on the state of the Union.

Mr. WILSON of Louisiana: Committee on Flood Control. H. R. 12004. A bill authorizing an investigation, examination, and survey for the control of excess flood waters of the Mississippi River below Red River Landing in Louisiana and on the Atchafalaya outlet by the construction and maintenance of controlled and regulated spillway or spillways, and for other purposes; without amendment (Rept. No. 1360). Referred to the Committee of the Whole House on the state of the Union.

REPORTS OF COMMITTEES ON PRIVATE BILLS A!\"'D RESOLUTIONS

Under clause 2 of Rule XIII, .Mr. STEPHENS: Committee on Naval Affairs. H. R. 4277.

A bill for the relief of Frederick D. W. Baldwin; with an amendment (Rept No. 1356). Referred to the Committee of the Whole House.

Mr. STEPHENS: Committee on Naval Affairs. H. R. 7712. A bill for the relief of Oharles Wall; with an amendment (Rept. No. 1357). Referred to the Oommittee of the Whol-e House.

Mr. STEPHENS : Committee on Naval Affairs. S. 1569. An act to compensate Lieut. L. D. Webb, United States Navy, for damages to household effects while being transported by Government conveyance; with an amendment (Rept. No. 1358). Referred to the Committee of the Whole House.

PUBLIC BII.~LS, RESOLUTIONS, Al\"'D MEMORIALS Under clause 3 of Rule X..TII, bills, resolutions, and memo

rials were introduced and severally refen-ed as follows : By Mr. WINTER: A bill (H. R. 12083) to provide for aided

and directed settlements on Government land in irrigation projects; to the Committee on Irrigation and Reclamation.

By Mr. RAGON: A bill (H. R. 12084) for the appropriation of an additional $75,000 for the purpose of the erection of a public building at RussellTille, Ark. ; to the Committee on Public Buildings and Grounds.

By Mr. THOMAS of Oklahoma: A bill (H. R. 12085) amending section 169 of chapter 335, Seventeenth Statute Laws, and relating to the printing of stamped envelopes; to the Committee on the Post Office and Post Roads.

By :Mr. HUDSON: A bill (H. R. 12086) to authorize the transfer of the United States Weather Bureau site and building .at East Lan-sing, .Mich., to the State of Michigan in exchange

2826 CONGR.ESSION AL RECORD-HOUSE FEBRUARY 1

for another Weather Bureau site on the grounds of the Michigan State Board of Agriculture and other considerations; to the Committee on Agriculture.

By 1\Ir. ZIHLl\IAN: A bill (H. R. 12087) to permit the merger of street railway corporations operating in the District of Columbia, and for other purposes ; to the Committee on the District of Columbia.

Also, a bill (H. R. 12088) to amend the Code of Law for the District of Columbia with respect to the police court; to the Committee on the District of Columbia.

By Mr. FISH: A bill (H. R. 12089) authorizing the erection of a monument at Sechault, France, to commemorate the valiant ser\ices of the colored American h·oops attached to the French Army; to the Committee on Foreign Affairs.

By 1\Ir. SUMNERS of Texas: Joint resolution (H. J. Res. 339) to create a joint committee from the Senate and Hou~e of Representatives to investigate and report as to how the Federal Government may get relief from the overburden of its governmental responsibility; to the Committee on Rules. · By 1\Ir. DYER: Resolution (H. Res. 421) authorizing and directing the Committee on the Judiciary of the House of Representatives, or a subcommittee thereof, to investigate the operations of the Sanitary District of Chicago, and for other purposes ; to the Committee on Rules.

By Mr. DAVIS of l\linnesota: Memorial of the Legislature of the State of Minnesota, favoring an amendment to the pack

' ers and stockyards act so as to prohibit States furnishing stock~ yards service from being discriminated against in favor of pri

\ate agencies; to the Committee on Agriculture. I By the SPEAKER (by request): Memorial of the Legisla

ture of the State of Utah, favoring the passage of S. 2327, a bill to regulate interstate rates; to the Committee on Interstate and Foreign Commerce.

By Mr. KVALE: Memo.rial of the Legislature of the State of Minnesota asking that the Congress of the United States so amend the packers and stockyards act as to prohibit States furnishing stockyards service from being discriminated against in favor of private agencies; to the Committee on Agriculture.

PRIVATE BILLS Al\"'D RESOLUTIONS Under clau e 1 of Rule XXII, private bills and resolutions

were introduced and severally referred as follows: By Mr. ALLGOOD: A bill (H. R. 12090) granting a pension

to Susie Weathenington; to the Committee on Invalid Pensions. By 1\lr. BROWNE of Wisconsin: A bill (H. R. 12091) grant

ing an increase of pension to Charles Head ; to the Committee on Invalid Pensions.

By 1\lr. DREWRY: A bill (H. R. 12092) granting an increase of pension to Mabel D. Rose; to the Committee on Pensions.

By Mr. FENN: A bill (H. R. 12093) granting an. increase of pension to :Margaret Horey; to the Committee on Invalid Pensions.

By Mr. HERSEY: A bill (H. R. 12094) granting an increase of pension to Laura Moore; to the Committee on Invalid Pensions.

By Mr. ROBSION of Kentucky: A bill (H. R. 12095) granting an increa e of pension to Lydia l\1. Hail; ta the Committee on Invalid Pensions.

By l\Ir. VAILE: A bill (H. R. 12096) granting a pension to Cora A. Hunter; to the Committee on Pensions.

Also, a bill (II. R. 12097) granting a pension to Char~otte S. Fink; to the Committee on Inv-alid Pensions.

Also, a bill (ll. R. 12098) granting a pension to Phoebe W. Hooper; to the Committee on Invalid Pensions.

By l\Ir. WILLIAMS of Texas: A bill (H. R. 12099) granting the consent of Congress to H. E. Bovay, of "fernon, Tex., to construct a toll bridge across Red Hiv-e in the vicinity of Oaklaunion, Tex.; to the Committee on Interstate and Foreign Commerce.

By Mr. WILSON of Indiana: A bill (H. R. 12100) granting an increase of pen ion to Martha Perry ; to the Committee on Invalid Pen ions.

By Mr. PERLMAN: Joint resolution (H. J. Res. 338) for the relief of R. S. Howard Co.; to the Committee on War Claims.

PETITIONS, ETC. Under clause 1 of Rule XXII, petitions and papers were laid

on the Clerk's de k and referred as follows: 3616. By l\Ir. BOYCE: Petition of J. A. Lynam and J. C.

Hutchison, Town end, Del. ; to the Committee on Pensions. 3617. By Mr. DAVEY: Petition of various citizens of Lorain

County, Ohio, protesting against the compulsory Sunday observance bill ( S. 3218), or any other religious legislation now pen, ling; to the Committee on the District of Columbia.

3618. By Mr. FENN: Petition of the highway department of the State of Connecticut for the improvement of Jonathan Trumbull Highway ; to the Committee on Roads.

3619. By 1\Ir. GARRETT of Tennessee: Petition of various citizens of Memphis, Tenn., opposing the enactment of Senate bill 3218, compulsory Sunday observance bill, or any similar religious legislation that may be pending; to the Committee on the District of Columbia.

3620. By Mr. HIOKEY: Petition of 18 adult residents of Elkhart, Ind., against the passage of the compulsory Sunday observance bill ( S. 3218), or any other religious legislation ; to the Committee on the District of Columbia.

3621. By Mr. HUDSON: Petition opposing the passage of the compulsory Sunday observance bill ( S. 3218), or any other religious legislation which may be pending; to the Committee on the District of Columbia.

3622. By l\Ir. KING: Petition of Halcyon L. Stuart and other citizens of Abingdon, Ill., favoring the passage of the Sterling-Reed bill; to the Committee on Education.

3623. Also, petition of M. E. Roland., G. G. Gilbert, and other residents of Quincy, Ill., with reference to the Sunday observance bill (S. 3218) ; to the Committee on the District of Columbia.

3624. By l\Ir. RAKER: Petition of San Francisco Chamber of Commerce, by Lewis E. Haas, Washington representative, urging the continuation by the Government of the development of Crescent City Harbor, Calif.; to the Committee on Military Affairs.

3625. Also, petition of Thomas Magee & Sons, of San Francisco, Calif., protesting against Senate bill 3764, maldng the District of Columbia Rent Commission permanent; also Yolo County Realty Board, of Woodland, Calif., protesting against making the District of Columbia Rent CommissioB permanent; to the Committee on the District of Columbia.

3626. Also, petitions of Canners League of California, San Francisco, Calif., protesting against the Bowell-Barkley bills (H. R. 7358 and S. 2646) ; San Francisco Chamber of Commerce, San Francisco, Calif., protesting against the passage of the Bowell-Barkley bill; San Francisco Chamber of Commerce, San Francisco, Calif., indorsing House bill 8842, to amend section 206 of the transportation act of 1920; Canners League of California, San Francisco, Calif., protesting against any general revision of the rate structure by legislation ; to the Committee on Interstate and Foreign Commerce.

3627. Also, petition of Lodi Camp, No. 82, Spanish War Veterans, Lodi, Calif., urging passage of the Knutson bill at this session of Congress ; to the Committee on Pensions.

3628. Also, petition of V. Sucotre, of San Francisco, Calif., urging the pa sage of the Shreve bill (H. R. 8352), and Federal Employees Union No. 76, Vallejo, Calif., urging support and passage of the bill (H. R. 8202) amending the present retirement act; to the Committee on the Civil Service.

3629. By 1\Ir. SEARS of Nebraska: Petition of citizens of Blair, Nebr., and urrounding territory, relating to the subject of the separation of church and state; to the Committee on the District of Columbia.

3630. By 1\Ir. SWING: Petition of citizens of San Diego, Calif., protesting against compul ory Sunday observance laws; to the Committee on the Di trict of Columbia.

HOUSE OF REPRESENTATIVES SuKDAY, February 1, 19r?5

The House met at 12 o'clock noon and was called to order by ·Mr. TINCIIER, Speaker pro tempore.

The Rev. William B. Waller, of Washington, D. C., offered the following prayer :

0 Thou in whom we live and move and have our being, we draw nigh to Thee reverently.

We thank Thee for the blessing of Thy providence and of Thy gmce; for life with its opportunities for service and joy; for the measure of health and strength whereby we are permitted to appear before Thee this morning.

Command Thy blessing upon us we humbly beseech Thee. Comfort those who mourn. Enable each one of us to say: "For me to live is Christ and to die is gain."

Bless our President and all with him in authority. Grant Thy blessing upon this Congress in its widely reaching influence.

Enable us all so to live in this life that in the world to come we may have life everlasting, through Jesus Christ, our Advocate and Redeemer. Amen.

By unanimous consent the reading of the Journal was deferred until to-morrow.

CONGRESSIONAL RECORD-SEN ATE

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