congressional record-senate 8885 - Govinfo.gov

1949 CONGRESSIONAL RECORD-SENATE 8885 labor bill; to the Committee on Education and Labor:

1236. Also, petition of Lawrence Ryan anti sundry other citizens of Van Nuys, Calif., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1237. Also, petition of Clarissa Young and sundry other citizens of Chambersburg, Pa., requesting the passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1238. Also, petition of John B." Olson and sundry other citizens of Bristol, S. Dak., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1239. Also, petition of Belia A. Milne and sundry other citizens of Bellingham, Wash., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1240. Also, petition of L. K. Goodwin and sundry other citizens of Hoquiam, Wash., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1241. Also, petition of Merton H. Bartlett and sun"iry other citizens of West Palm Beach, Fla., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1242. Also, petition of Mrs. Agnes G. Shankle, General Welfare Federation of America, Washington, D. C., petitioning consideration of their resolution with reference to presenting four petitions, containing a total of 62 signatures for L. W. Lewis, president of Liberty Pension Club, General Welfare Federation of America, endorsing House bill 2620, calling for an old-age pension; to the Committee on Ways and Means.

1243. Also, petition of Ralph O. Cox, and sundry other citizens of Marion, Ind., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1244. Also, petition of Mrs. W. J. Dale and sundry other citizens of Erie, Pa., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1245. Also, petition of Torno Glumac and sundry other citizens of Pittsburgh, Pa., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1246. Also, petition of Lillian M. Shane and sundry other citizens of Tarentum, Pa., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1247. Also, petition of Mrs. Hughy Holt and sundry other citizens of Abilene, Kans., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1248. Also, petition of Barbara B. Grimm and sundry other citizens of Beloit, Kans., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1249. Also, petition of Mrs. Ruth Delventhal and sundry other citizens of Wichita, Kans., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1250. Also, petition of George T. Pickett and sundry other citizens of Newllane; La., requesting passage of House bills 2135 and 2136, !mown as the Townsend plan; to .the Committee on Ways and .Means.

1251. Also, petition of L. U. Todd and sundry other citizens of Winona, Minn., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1252. Also, petition of Mrs. M. E. Hood and sundry other citizens of Townsend Club No. 9, San Antonio, Tex., requesting passage of

House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1253. Also, petition of Jens Stensgaard and sundry other citizens of Seattle, Wash., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1254. Also, petition of Mr. lJ.nd Mrs. W. W. Goodrow and sundry other citizens of Sedro Woolley, Wash., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1255. Also, petition of Nick Anderson and sundry either citizens of Tacoma, Wash., requesting passage of House bills 2135 and .2136, known as the Townsend plan; to the Committee on Ways and Means.

1256. Also, petition of Mrs. Mervia Henry and sundry other citize:is Of ·Orlando, Fla., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1257. Also, petition of Mrs. A. J. Priest and sundry other citizens of Tampa, Fla., requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

1258. Also, petition of ·H. C. Curtis and sundry other citizens, requesting passage of House bills 2135 and 2136, known as the Townsend plan; to the Committee on Ways and Means.

SENATE "\VEDNESDAY, JULY 6, 1949

(Legislative day of Thursday, June 2, 1949)

The Senate met, in executive session, at 12 o'clock meridian, on the expiration of the recess.

The Chaplain, Rev. Frederick Brown Harris, D. D., offered the following prayer:

God of our fathers, to whose kingdom of truth and love and justice the future belongs, it is Thy might which hath made and preserved us a Nation. Our fathers trusted in Thee and were not confounded. In Thee we trust. In these desperate and dangerous days, when evil forces without pity or conscience seek to degrade the human mind and spirit and threaten all the things we hold nearest our hearts, strengthen our will, that democracy's swift sword of moral might may stay aggressors and bring hope to men everywhere whose ruling passion is to be free. May we clearly see and faithfully follow the things that belong to our peace and to the peace of the world. Amen.

THE JOURNAL

The VICE PRESIDENT. Does the Senator from Illinois desire to have the reading of the Journal dispensed with?

Mr. LUCAS. Mr. President, I ask unanimous consent that the reading of the Journal of the proceedings of Tuesday, July 5, may be dispensed with.

The VICE PRESIDENT. Without objection, it is so ordered.

One good thing about this Chamber is that the Chair can sit here and talk with individual Senators as he would at home. The Chair likes it.

Mr. WHERRY. Would the Vice President mind talking with me for a moment? [Laughter.]

Mr. TOBEY. I suggest that the Vice President speak louder.

The VICE PRESIDENT. The Chair would like 'to ask whether Senators have any difficulty in hearing him?

SEVERAL SENATORS. "No.'' OTHER SENATORS. "Yes." The VICE PRESIDENT. Well, it

seems to the Chair that from the place he occupies he can hear a pin drop in the Senate Chamber.

Mr. VANDENBERG. When was that, may I ask?

The VICE PRESIDENT. The Chair heard one drop yesterday. [Laughter.]

CALL OF THE ROLL

Mr. LUCAS. I suggest the absence of a quorum.

The VICE PRESIDENT. The Secretary will call the roll.

The roll was called, and the following Senators answered to their names: Aiken Anderson Baldwin Brewster Butler Byrd Cain Capehart Chapman Chavez Connally Cordon Donnell Douglas Downey Ecton Ferguson Flanders Frear Fulbright Gillette Graham Green Gurney Hayden Hendrickson

Hill Hoey Hunt Ives Johnston, S. C. Kefauver Kem Kerr Kilgore Know land Langer Lodge Long Lucas McCarran McCarthy McClellan McFarland McGrath McKellar Magnuson Martin Maybank Miller Millikin Mundt

Murray Neely O'Conor O'Mahoney Pepper Robertson Russell Saltonstall Schoeppel Smith, Maine Smith, N.J. Sparkman Stennis Taft Taylor Thomas, Utah Th ye Tobey Tydings Vandenberg Watkins Wherry Wiley Williams Withers

. Young

Mr. LUCAS. I announce that the Senator from Colorado [Mr. JOHNSON], the Senator from Pennsylvania, [Mr. MYERS], and the Senator from Oklahoma [Mr. THOMAS J are detained on official business in meetings of committees of the Senate.

The Senator from Mississippi [Mr. EASTLAND], the Senator from Minnesota [Mr. HUMPHREY], and th~ Senator from Texas [Mr. JOHNSON] are absent on public business.

The Senator from Louisiana [Mr. ELLENDER] is absent by leave of the Senate on official business, having been appointed an adviser to the delegation of . the United States of America, to the Second World Health Qrganization Assembly, meeting at Rome, Italy.

The Senator from Georgia [Mr. GEORGE] and the Senator from Florida [Mr. HOLLAND] are absent by leave of the Senate.

The Senator from Connecticut [Mr. McMAHON] is absent on· official business, presiding at a meeting of the Joint Committee on Atomic Energy in connection with an investigation of the affairs of the Atomic Energy Commission.

Mr. SALTONSTALL. I announce ~~at the Senator from New Hampshire [Mr. BRIDGES] and the Senator from Indiana [Mr. JENNER] are absent on official business.

The Senator from Iowa [Mr. HrcKENLOOPERJ is in attendance at a meeting of the Joint Committee on Atomic Energy.

8886 CONGRESSIONAL RECORD-SENATE JULY 6 The Senator from Ohio [Mr. BRICKER],

the Senator from Nevada [Mr. MALONE], the Senator from Oregon [Mr~ MORSE], and the Senator from Kansas LMr. REED 1 are detained on official business.

By order of the Senate, the following announcement is made:

The members of the Joint Committee on Atomic Energy are in attendance at a meeting of the joint committee in connection with an investigation of the affairs of the Atomic Energy Commission.

The VICE PRESIDENT. A quorum is present.

MOTION PICTURES OF THE SENATE

Mr. LUCAS. Mr. President, yesterday I obtained the unanimous consent of the Senate that four photographers be permitted to take · pictures of the Senate in action. Later two motion-picture cameramen made a r"equest that they also be permitted to take pictures, which request I granted to them yesterday. I now find that two more motion-picture cameramen dc3ire to take pictures of the Senate in action today. This request, I assure the Senate, will be the last. They have agreed that no more pictures will be taken. Therefore, I ask unanimous consent that the two motion-picture cameramen be permitted to take pictures.. of the Senate while it is in action, without disturbing the proceedings of the Senate.

The VICE PRESIDENT. Is there objection?

Mr. WHERRY. Mr. President, reserving the right to object, may I suggest to the distinguished majority leader that I feel there will be less confusion if they take the pictures before the speeches on the North Atlantic · Treaty are commenced? I think it would be very timely for them to take the pictures while ins~rtions are being made in the RECORD. I. believe the taking of pictures would detract somewhat from the attention which should be paid to the speakers on this important subject. I simply offer that as a suggestion.

Mr. LUCAS. They will proceed to take pictures immediately after the unanimo·1s-consent request has been agreed to by the Senate. One will be posted in the gallery and ·another one in the rear of the Senate Chamber. • The VICE PRESIDENT. Is there objection? The Chair hears none, and it is so ordered.

Mr. TOBEY. Mr. President, my remarks are directed toward the Vice President. I call his attention to the fact that when the unanimous-consent request was made by the majority leader that motion-picture cameramen be permitted to photograph the Senate in action, the Vice President propounded the question: "Is there objection?'' It seemed to me, Mr. President,.that that question w.as entirely surplusage, for as we have scanned the history of the Senate down through the years have we ever found one instance when a Senator refused to have his picture taken, or objected to it being taken?

The VICE PRESIDENT. The query was prompted by the belief that the Senate is growing more modest every day,

TRANSACTION OF ROUTINE BUSINESS

Mr. LUCAS. Mr. · President, I ask unanimous consent that Senators be permitted to introduce bills and joint resolutions, submit petitions and memorials, and incorporate other routine matters into the RECORD, as though we were in the morning hour, and without debate


ORDER OF BUSINESS

Mr. WHERRY. Mr. President, may I ask the distinguished majority leader if the program for today will include the calling of unobjected-to bills on the Legislative Calendar? Some Senators are very anxious that it be called today. From the observations made by the majerity leader yesterday I thought the. calendar might be called late this afternoon.

Mr. LUCAS. My reply to the able Senator from N.ebraska is "Yes"; there is a possibility that the calendar will be called. It is my understanding that after the Senator from Michigan [Mr. VANDENBERG 1 concludes his address, the Senator from Utah .[Mr. THOMl\S] desires to have some time upon the North Atlantic Treaty. After the two addresses shall have been concluded we will then be guided in our actions accordingly.

Mr. WHERRY. I thank the distinguished majority leader.

ADMONITION AS TO CONVERSATION

Mr. LUCAS. Mr. President, there is one more suggestion the majority leader desires to make. We are obviously operating in cramped quarters, and the newspapermen are having a little difficulty at times in hearing what. is going on in the Senate Chamber. That is especially 'true if Senators in front of them are conversing. They made that modest complaint to me yesterday, and I thought that in view of the fact that they are operating under somewhat of a handicap, I would try to accommodate them by asking' Senators sitting directly in front of the newspapermen to be as quiet as possible in conversation.

The VICE PRESIDENT. As the Chair suggested yesterday, from this vantage point a whisper is aµdible. It may be that this dome muffles voices up here, but from here any sort of noise is easily audible. The Chair repeats his request that Senators refrain from conversation, and that if they are compelled to converse, to do so in a whisper. It may be necessary to revive the art of whispering in order to comply with that suggestion; but no one who does not sit up here can appreciate how perfectly audible everything in this Chamber is.

EXECUTIVE COMMUNICATIONS, ETC.

The VICE PRESIDENT laid before the Senate the following letters, which were ref erred, as indicated:

SUSPENSION OF DEPORTATION . OF ALIENS

A letter from the Attorney General, transmitting, pursuant to law, copies of orders of the Commissioner of the Immigration and Naturalization Service suspending deportation as well as a list of the persons involved, together with a complete and detailed statement of the facts and pertinent provisions of

law as to each alien and the reason for ordering suspension of deportation (with accompanying papers); to the Committee on the Judiciary. · · PROPOSED 'TRANSFER BY NAVY DEPARTMENT OF

NAVAL MOTORBOATS TO JUNIOR MID-SHIPMEN OF AMERICA, !Ne., NEW LONDON, CONN,

A letter from the Secretary of the Navy, re~ porting, pursuant to law, that the Junior Midshipmen of America, Inc., of New London, Conn., a nonprofit organization, had requested the Navy Department to transfer three motorboat~ to be used in training boys in seamanship, navigation, boat handling and related subjects; to the Committee on Armed Services. · USE OF CERTAIN SURPLUS PROPERTY, BY INDIANS

A letter from the Under Secretary of the Interior, transmitting a draft of proposed legislation to make available for Indian use certain surplus property at the Wingate Ordnance Depot, ·New Mexico (with an accompanying paper); to the Committee on Interior and Insular Affairs.

PETITIONS AND MEMORIALS

Petitions, etc., were laid before the Senate, and referred as indicated:

By the VICE PRF.SIDENT: Three joint resolutions of the Legislature

of the State of California; to the Committee on Agriculture and Forestry: ·

"Senate Joint Resolution 31 "Joint resolution relative to Federal control

of forest-cutting practices "Whereas the State of California, realiz

ing the importance of sound management of its pivately owned forest resources to the economic well-being of the State, 1s discharging its responsibilities in relation thereto by protecting such forests from damage by fire, insects, and disease by control methods and by an educational program for the public in using care with fire; and

. "Whereas said State is leading the way to improved forest management through its Forest Practice Act · in cooperation with the forest industry, and administered by the State Division of Forestry, thereby assuring continuous production of forest resources; and

"Whereas legislation has been introduced into the Eighty-first Congress, namely, S. 1820, which, if enacted into law, would place forest practices control of California's commercial timberland under the dominance of Washington agencies; and

"Whereas the California State Board of Forestry has declared it to be the pc.Ucy of the board of forestry to favor only sucn State regulation of forest-cutting practices on private timberlands in California as are deemed advisable and necessary reasonably to assure continuous production ·Of Califor- · nia's forest resources and has opposed Federal influence or control of such forest practices; Now, therefore, be it

"Resolved by the Senate and A1Ssembly of the State of California (jointly), That the Legislature of the State of California opposes the enactm:ent of S. 1820 which would place forest-cutting practices under Federal control; and be it further

"Resolved, That the secretary of the sen11te is directed to transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Secretary of Agriculture, and to each Senator and Representative from California in the Congress of the United States."

"Senate Joint Resolution 33 "Joint .resolution relative to memorializing

the President · and the Congress of the United States in relation to the oriental fruitfiy

. !-'Whereas the oriental· fruitfly (Dacus-dorsalis) was introduced into the Hawaiian

1949 CONGRESSIONAL RECORD-SENATE 8887 Islands during the war and has since spread throughout those islands to such an extent that many branches of the agricultural industry therein have been virtually destroyed; and

"Whereas the oriental fruitfly is extremely vigorous and hardy and is not susceptible to any effective measure of control or eradication, and if such pest obtains a foothold on the mainland of the United States it would spread over a large territory and cause losses to the agricultural industry which would be calamitous; and

"Whereas it is likely that this pest, if it finds a foothold in the mainland will first be found in small numbers in the vicinity of ocean ports and airports, although the possibilities of its entry overland should not be discounted; and

"Whereas it is fundamentally important that unceasing vigilance be maintained to detect the presence of this pest when it first appears and to destroy it before it has a chance to spread; and

"Whereas the destruction of the pest will necessarily involve the destruction of the fruits or other plants upon which it is found and it is only to be expected that some of the owners of such fruit or plants would hesitate to cooperate in the matter if they knew that their property would be destroyed without compensation; and

"Whereas if ,provision were made whereby the owners of fruit and other plants which might be found to be hosts of oriental fruitfly could be compensated for the value of the property destroyed such owners would be encouraged to report the existence of the pest to the proper officers and otherwise to cooperate more freely in the necessary preve:ntive measures: Now, therefore, be it

"Resolved by the Senate and the Assembly oj' the State of California (jointly), That the Lugislature of the State of California hereby nspectfully memorializes .and urges the President t.nd the Congress of the United States to take such steps as may be necessary to assure that the oriental fruitfly (Dacus dorsalis) shall not be permitted to be. introduced upon the mainland of the United States, and to include in such preventive measures provision for the reimbursement of the owners of fruit and other plants which are destroyed to prevent the entry and spread of such pest for the loss suffered by such owners; and be it further

"Resolved, That the secretary of the senate is directed to transmit copies of this resolution to the President and the Vice President of the United States, the Speaker of the House of Representatives and to each Senator-and Member of the House of Representatives from California in ' the Congress of the United States."

"Senate Joint Resolution 34 "Joint resolution relative to memorializing

the Congress of the United States in relation to providing facilities for the prevention of the spread of oriental fruitfly from the Hawaiian Islands to the mainland "Whereas a subcommittee of the joint leg-

islative committee on agricultural and livestock problems of the California legislature recently made a trip to the Hawaiian .Islands to investigate the oriental fruitfly situation; and

"Whereas the members of said subcommittee have reported that the employees of the Federal Government whose work involves the prevention of the spread of orient~l fruitfiy are doing an excell.ent job in view of the magnitude of their task and their limited facilities; and

"Whereas said mem'bers also report the astonishing fact that there are available only two automobiles for the staff of 46 men engaged in making field inspections and inspections of docks, piers, and airports; and

"Whereas if the oriental fruitfly spreads to the mainland the result will be disastrous

not only to the agriculture · of Cal1Iornta. but of the United States as a whole; and -

"Whereas the p1 evention of the sp~ead. of this pest to the mainland depends largely upon the little group of Federal employees in the Hawaiians whose efforts alone can prevent these insects from being transported to the United States by ship or airplane; and

"Whereas the fact that ships and airplanes may be inspected upon arrival is of no great consequence because the flies could leave the ship or airplane before it lands and therefore the first and most effective line of defense is in the islands; and

"Whereas the employees upon whom the burden of protecting this country from invasion by an insect pest which might cause more damage. thar. an invading army are being hamstrung in their efforts by not being affor!led facilities for doing their work and are practically immobilired so far as effective operations are concerned; and

"Whereas the cost of supplying adequate transportation and other facilities for preventing the oriental fruitfly from coming to the United States from the Hawaiian Islands would be negligible when compared with the potential damage that could result if this pest should get a foothold in the mainland: Now, therefore, be it

"Resolved by the Senate and the assembly of the State of California (jointly), That the Congress of the United States is hereby memorialized and requested to take such steps as may be necessary to provide adequate facilities for the prevention of the spread of the oriental fruitfiy from _the Hawaiian Islands to the United States, and be it further

"Resolved, That the secretary of the senate.is directed to transmit copies of this resolution to the President and Vice President of the United States, the Speaker of the House of Representatives and to each Senator and Representative from California in the Congress of the United States."

A petition from Albert Bofman, and sundry other citizens of Chicago, Ill., and vicinity, requesting careful examination of the military appropriation bill for 1950 before any drastic reduction is made; to the Committee on Appropriations.

A letter in the nature of a petition from the Pleasant Plains . Grange, Jerome, Idaho, signed by Mrs. Esther Block, secretary, relating to more adequate appropriations for schools and roads; to the Committee on Appropriations.

A resolution adopted by the Sisterhood of Judea Center, Brooklyn, N. Y., protesting against the enactment of legislation providing any change in the present calendar; to the Committee on Foreign Relations.

A resolution adopted by the National Coun-• cil, Junior Order United American Mechanics of the United States of North America, Inc., assembled in Baltimore, Md., protesting against the participation by the United States in a world government; to the Committee on Foreign Relations.

A resolution adopted by Cooper's International Union of North America, Local No. 48, of Campbellsville, Ky., protesting against any change in the present regulations relating to labeling and advertising of distilled spirits; to the Committee on Interstate and Foreign Commerce.

A resolution adopted by the Blessed Martin de Porres Interracial Group ·of Philadelphia, Pa., relating to certain displaced persons; to the Committee on the Judiciary.

A resolution adopted by the Cinema Educational Guild, of Hollywood, Calif., relating to certain activities of Charles Chaplin; to the Committee on the Judiciary. ,

A resolution adopted by the American Association of Medical Milk Commissions, Inc., and the Certified Milk Producers' Association of America, Inc., of New York, N. Y., protesting against the enactment of legislation providing compulsory health in.surance; . to the Committee OX?- Labor and Public Welfare.

A resolutioµ adopted by New Jersey Chapter, No. 4, Knights of Columbus, protesting against the enactment of the · so-called Barden bill, providing public education assistance; to the Committee on Labor and Public Welfare.

A resolution adopted by the National Council, Junior Order United American Mechanics of the United States of North America, Inc., assembled in Baltimore, Md., protesting against the enactment of legislation providing Federal aid to education; to the Committee on Labor and Public Welfare.

A petition signed by Evert A. Stout, and sundry other veterans enrolled in the Huff College, Kansas City, Mo., praying for enactment of Senate bill 1150, establishing a procedure by which the Administrator may assure veterans full educational and training opportunities commensurate with the tuition charged by educational and training institutions, and for other purposes; to the Committee on Labor and Public Welfare.

A resolution adopted by the Board of Com.: missioners of the city of Newark, N. J., relating to Federal aid for hospital construction; to the Committee on Labor and Public Welfare.

REPORTS OF A COMMITTEE

The following reports of a committee were submitted:

By Mr. McGRATH, from the Committee on the District of Columbia:

S. 1128. A bill to amend the act entitled "An act to regulate the practice of podiatry in the District of Columbia; without amendment (Rept. No. 612);

S. 1931. A bill tc amend the act of June 6, 1924, as amended, relating to the National Capital Park and Planning Commission; w1th an amendment (Rept. No. 613); and

H. R. 2799. A bill to amend the act entitled "An act regulating the retent on contracts with the District of Columbia," approved Manh 31, 1906; withnut amendment (Rept. No. 614).

REPORTS OF PERSONNEL AND FUNDS BY COMMITTEES

Pursuant to Senate Resolution 123, Eightieth Congress, first session, the following reports were received by the Secretary of the· Senate:

JUNE 30, 1949. REPORT OF COMMITTEE ON PUBLIC WORKS

To the SECRETARY OF THE SENATE: The above-mentioned committee, pursu

ant to Senate Resolution 123, Eightieth Congress, first session, submits the following report showing the name, profession, and total salary" of each person employed by it and its subcommittees for the period from January 3 to June 30, 1949, together with the funds available to and expended by it and its subcommittees:

Name and profession Rate of gross

annual salary

i,'ota.I salary

received

Frank Burnett, chief clerk _________ $10, 330. 00 $4, 304. 65 E.' W. Bassett, professional staff.__ 10, 330. 00 5, Hi5. 00 Theo W. Sneed, professional staff__ 9, 8.'i4. 04 4, 821. 69 Ronald Moist, professional staff____ 10, 330. 00 3, 443. 72 William A. Stevens, professional staff .. _______ -~ _______________ . ___ _ Eloise Porter, clerical staff ________ _ Priscilla E. Cordova, clerical staff __ Frances A. Stovall, clerical staff ___ _ Margaret Adair, clerical ~ta.ff _____ _ Margaret Miller, .clerical staff _____ _ Mary Batalo, clerical staff ________ _ Dorothy Kramer, clerical staff ____ _ Arthur Burgess, clerical staff ______ _ Oren L. Jone~. clerical staff ________ _

10,330.00 6,025. 56 6, 025. 56 4, 949. 73 4, 949. 73 4, 204. 80 3, 625. 51 3, 791. 04 5, 611. 84

10, 330. ()()

860. 93 2, 978. 30 2, 476.17 2,474.86 ], 649. 88

700.80 604. 24 631.84

1,870. 60 I, 291. 24

Funds authorized or appropriated for com-mittee expenditure __ :. _____________________ $10, 000. 00

Amount expended_ __________ ________________ 1, 494. 77.

Bal rt oC'e unexpended . . -- -- -- - --------- 8, 505. 23· DE~IS CHAVEZ,

Chairman.

8888 CONGRESSIONAL ·RECORD-SENATE JULY· 6 JULY 6, 1949.

REPORT OF COMMITTEE ON POST OFFICE AND CIVIL SERVICE

To the SECRErARY OF THF. SENATE: The above-mentioned committee, pursu

ant to Senate Resolution 123, Eightieth Congress, first session, submits the following report showing the name, profession, and total salary of each person employed by it and its subcommittees for the period from January 1 to June 30, 1949, together with the funds available to and expended by it and its subcommittees:

Name and profession

Betsch, Lorena, clerical assistant.

Rate of gross

annual salary

Total salary

received

to Jan. 15 ___ -------------------- $4, 287. 62 $I78. 65 Bobo, Virginia, assistant· cbiet

clerk, from Jan. 16_____ _____ ______ 4, 618. 68 2, 116. 89 Brawley, H. W., assistant staff.

airector, from Feb. L ____________ 10, 330. 00 4, 047. 08 Burnett, Frank, staff member,

Jan. 1-31_______________________ 8, 500. 09 715. 84 Chrissos, Costas D., clerical assist

ant----------------- ----- ------- 4; 204. 86 2, 488. 64 Fox, Thomas F ., clerical assistant,

to Feb.15----------------------- 5, 61L 84 711. 81 Gayden, Mrs. Doris, clerfcal assist-

ant, to Jan. 15 ______________ , _____ 3, 377. 22 140. 71 Homan, Colette, clerical assistant,

to Mar. 15________________________ 4, 'lf37. 62 1, 006. 68 House, Linda C., clerical assistant,

from ~fac. 16------------------- 3, 791. 04 1, 105. 72 Latimer, J. Austin, statI director

and chief clerk, from Jan. 16____ 10,.330. 00 4, 734. 56 Lynott, Dorothy, clerical assistant,

to Mar. L-------------------- --- 4, 287. 62 714. 60 Morga,n, Ethel, clerical assistant,

from Mar.!._______ _____________ 3, 956. 56 1, 318. 84 Phenix, John D., statistician, to

Feb. 28--------------------------- 10, 330. 00 1, 721. 66 Riley, George D., staff member, to

Feb. 28------------------------- 10, 330. 00 1, 721. 66 Shawn, E. Luiser clerical assist-

ant, from Feb. 16_________________ 8, 956". 56 I, 4B.1. 69 Ulsmd, Jennie, statI member, from

Jan. 17 -~----------------------- 10, 330. 00 4, 705. 87

Funds authorized or appropriated for com-mittee expenditure., _______________________ $10, 000. 00 Amount expended·-------------------------- 3, 566. 89

Balanee unexpended_____________________ 6, 433.11

OLIN D. JOHNSTON, Chairman.

JULY 6, 1949.

REPORT OF SUBCOMMITTEE ON POST OFFICE AND CIVIL SERVICE

(Subcommittee operating under s. Res. 78, agreed to April 11, 1949)

To the SECRE'llAB'lfi OF! THE SENATE: The above-mentioned cE>mmittee, pursu

ant to Senate Resolution 123, Eightieth Congress, first session. submits the following re.• port showing the name, profession; and total salary of each person employed by it and its subcommittees for the period of March 1 to June 30, 1949, together with the funds available to and expended by it and its subco:i:runittees:

Rate of Total :u!i salary salary received

Name and profession

Homan, Colette, clerical assistanL $4, 204 86 $1, 226. 40 Lynott, Dorothy, clerical assistant_ 3, 956. 56 1, 318. 84

Funds authorized or approptlated for com· mittee expenditure ______________________ $5, 000. 00 A.mount expended for salary only___________ 2, 545. 24

Balance unexpencled___________________ 2, 454. 76

OLIN D. JoHNsTor, Chairman.

BILLS INTRODUCED

Bills were introduced, read the first time, and, by unanimous consent, the s~cond time, artd referred as follows:

By Mr. PEPPER: s. 2193. A bill to require distinctive con~

tainers !or certain poisonous drugs; to the Committee on Labor and Public Welfare.

By Mr. CORDON (for himsel! and Mr. MORSE): .

S. 2194. A bilI to authorize the construction of a dam and dike to prevent the fl.ow of tidal waters into the Kentuck Slough, Coos County, Oreg.; to the Committee on Public W0rks.

By Mt. MILLER: S. 2195. A bill to authorize the Palisades

Dam and Reservoir project, to authorize the North Side pumping division and related works, to provide for the disposition of reserved space in American Falls. Reservoir, an9 for other purposes; to the Committee on Interior and Insular Affairs.

By Mr. MAGNUSON: S. 2196. A bill to legalize maritime hiring

halls; to. the Committee on .La.bor and Public Welfare.

By Mr. MAYBANK: S. 2197. A bill to amend the Export-Import

B.:mk Act of 1945, as a.mended ( 59 Stat. 526~ 666; 61 Stat. 130), to vest in. the ExportImport Bank of Washington th~ power to guarantee United States investments abroad; to the Committee on Banking and Currency.

By Mr. CONNALLY: S. 2198. A bill to extend the time for com

mencing the construction of a toll bridge across tbe Rio Grande. at or near Rio Grande City, Tex., to July 3-1, 1950; to the Committee on Foreign Relations.

By Mr. KNOWLAND: S. 2199. A bill for the relief of Mrs. Amalia

Sanders and her son. Filip Salomon Sanders; to the Committee on the Judiciary.

S. 2200. A bill to repeal section 2 of the act of February 20, 1931 (Public Law 695, 71st Cong., 46 Stat. 1192); to the Committee on Public Wonks. ·

By Mr. JOHNSON of Colorado (by request)=

S 2201. A bill amending section a of the act of March 3, 1901 (31 Stat. 1449). to provide basic authority far the performance of certain funetions and activities of the National Bureau of Standards, and for other purposes; to th~ Committee on Interstate and Foreign Commerce.

INVESTIGATION OF PROBLEMS INVOLVED IN FEDERAL FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS

Mr. LODGE. Mr. President, I submit for appropriate reference a resolution which requires the Committee on Rules and Administration of the Senate to study, formuiate, and report to the Senate legislation providing for the public financing of presidential campaigns to the exclusion of all other methods of financing, and I ask unanimous consent that an explanatory statement by me, together with three newspaper articles may be printed in the RECORD.

The VICE PRESIDENT. The resolution will be received and appropriately ref erred, and, without objection, the statement and newspaper articles will be printed in the RECORD.

The resolution (8. Res. 132) was referred to the Committee on Rules and Administration, as follows:

Resolved, That the Senate Committee on Rules and Administration is authorized and directed to make a. full and complete study and investigation for the purpose of obtaining such Information with respect to the problems involved in financing with governmental funds. presidential election campaigns in the United States as may be necessary to enable the committee to formulate. and report to ~he Senate at the earliest

practicable date a blll providing for such method of financing presidential election campaigns. - ·

The explanatory statement presented by Mr. LoDGE is as follows;

STATEMENT BY SENATOR LODGE There is probably not a man in public life

today who does not realize that our sys,.. tern of financing presidential campaigns by means of eontrtbutions from individuals and officers of corporations has led in the pasta.nd contfnues to lead today-to most unfortunate, unhealthy, and sometimes pernicious results. This is because many of those who make, these contributions do so in the expectation that th~re will be value received in return for their generosity. This may take dMieITlng forms1 one of whtch is an appointment to· some executive post in the Government.

As long as we .:permit such contributions we will always hear talk of an office market in government, regardless of which party is in power, for the problem is definitely not a partisan one. Lately there have been many such rumors.

Senators may have read the report thait one amba.ssadorshlp will shortly be sold, a& one new·,paper columnist has put it, "for cash on the barrelhead."

We have heard t:J:iat another hig1:11Y placed official owes at le!lSt to some degree his present office to the fact that he rendered valuable and substantial financial , services in time , of. dire need. . ThlS is unfair to the official, assuming that he J;las other qualifications. In case money-raising is his only aptitude, the result is unfair to the counti·y.

It fs commonly said that another distinguished public servant was frowned on in high places because he did not participate in tlie .financlrig of the las.t 'Presidential campaign. -

· It i& also reported that one of. our Ambassadors has ~xposed himself to complaints in high official q-µarters because h~ did not contribute. · · _ ·

We are frequently told that big contribu.! .. tors. working through the national committees of the major· parties, exert influence on policy, not because of th.eir qualities of wise statesmanship, but because of the money they can raise. ' · ' · . ·

'The . newspapers constantly hint that the Air F9rce's pr9curement policies stem directly . from the fact that val"ious persons occupying strat~gic positions in private life have made contributions to presidential campaigns. · •

Mr. President, I do not know how true any of these reports .may be. But I do know that it is a bad system which can give rise to such reports-and which always will give rise to such reports regardless of what party is in power.

All this talk of an "office market," and of putting high executive and diplomatic positions on the auction block-all this breeding of suspicion and cynicism would disappear, I believe, overnight if the prim~ry cause of the evil were obliterated at its roots.

If no private individual or officer of a corporation were permitted by statute to contribute one cent to a presidential campaign, there would be a far cleaner atmosphere surrounding political appointments, and this would encourage public-spirited men holding public office.

If there are no bidders, there can be no auction. · For that reason, I believe it to be of the

highest importance that the Senate have before it legislation which would prohibit private contributions to presidential campaigns. This resolution, therefore, directs the Rules and Administration Committee to give its consideration to means whereby presidential campaigns can be financed out of the public Treasury. Obviously, there are many details which would have to be

1949 CONGRESSIONAL RECORD-SENATE 8889 carefully studied and worked out. I believe that the Rules Committee has the competence to find an effective means whereby this end could be accomplished. ·

Whfle the same principle could doubtless be applied to other offices, the fact is that the presidential office, because of the many important appointments which it makes, is in a class by itself and it is inconnection with inadequate appointments to important offices ·which the President may be constrained to make that the present system can do its greatest harm.

The principle of such a procedure is sound from both the negative and positive side. On the negative side, there would be abolished for once and for all any inclination for successful presidential candidates or those close to them to trade appointments for c_ash contributions. On the positive side, we would have the public at large supporting to an equal degree the expenses necessarily incident to a presidential campaign, such as advertising, travel, secretarial help, etc. Some say it would cost six or seven million dollars. This is not too high a price to pay if it left the President completely free to make all his big appointments on merit.

In the broadest and highest sense of the term, a campaign is an attempt to educate the public. Candidates for the office of Chief Executive certainly should have the means to carry their views directly to the people. And if major candidates are all put on an equal basis with an equal expense account, we would have introduced an element of positive justice into political campaigns wllich is completely lacking today.

One question which is bound to be asked is whether it is contemplated that the public finance all presidential candidates; in other words, would the taxpayer be called upon to share in meeting the €Xpenses of minor or splinter parties? I think not. Certainly some provision could be made to limit the public financing to the political parties who polled the highest and Eecond highest number of popular votes in the next preceding presidential election.

It should be our everlasting objective to purify as far as we are able the political climate of our country. If by intelligent legislation we can remove the unhealthy atmosphere which surrounds our system of rewarding cash contributions with political appointments or favors, we are that much nearer the goal. This is a principle which we constantly recognize, as for example, in our continuous efforts to perfect the merit system in the civil service. The step which I propose here simply carries this principle into a broader field. ·

The newspaper articles presented by Mr. LODGE are as follows:

[From the Washington Evening Star of May 25, 1949)

Two REFORMS POSSIBLE AS SEQUEL TO TRAGIC - DEATH OF F'ORRESTAL-BAN ON CAMPAIGN

GIFTS IN NEW CIVIL-SERVICE PLAN URGED BY WRITER

(By David Lawrence) Two reforms ought to .emerge as a sequel

to the tragic death of James Forrestal, public servant:

1. The enactment of law forbidding individuals or organizations of any kind, including corporations, to make contributions to the campaign funds expended to elect a President or Vice President of the United States. Congress should appropriate at least $3,000,000 every 4 years to each of the major parties, and a proportionate sum to the minor parties, so that each political party could state its case to the people.

2. The enactment of a new civil-service plan to supplement the existing system, so that men with experience and proven ability in the policy-making departments of the Government may be used in an advisory capacit.y or rotated from one position to an-

other once they have finished their terms of office. Walter Lippmann has -revealed signifi.cant conversations on this point which he had with the late Secretary Forrestal.

These two proposals are suggested because they had a part in the circumstances which led to the loss of one of the finest public servants the American Government had ever had.

VICTIM OF INTRIGUE Thi.s correspondent has written about the

disappointment Mr. Forrestal felt that he should have been the victim of political intrigue and attacked by persons inside the Truman administration after the November election because he did not contribute financially to the Truman campaign and because he looked on the post of Secretary of Defense as nonpolitical.

Ther(l has come to light another piece of evidence as to the controlling part that campaign contributions play in the selection~ of persons to high positions in the Government. Thus, the text of a letter written by Lewis Douglas, Ambassador to Great Britain, to Louis Johnoon, now Secretary of Defense, who was soliciting money for the Truman campaign last summer, has just been published by Drew Pearson. That letter reads in part as follows:

"I came to London not because I wanted to come, for the title of Ambassador holds for me no allurements whatsoever-it never has. It was understood that I would be completely nonpolitical . for this reason, even if I . had the funds, ' it would be a mlstake for me to make a contribution to the national committee."

The story is that Ambassador Douglas later was considered for the Secretaryship of ·State · by the President, but that Louis Johnson blocked the idea by bringing the abovementioned letter to the att~ntion of Mr. Truman.

With the United States holding such an important responsibility in world affairs today, pressure upon ambassadors and ministers for campaign money is not conducive to · nonpolitical service. Nor should the Secretaryship of Defense go to a political partisan. It ought to be a career job.

Mr. Truman himself outlined the need of his ·campaign for approxima~ely $8QO,OOO one day last summer in a private conference with Mr. Johnson, and the latter agreed to raise this sum of money. Whether the post of Secretary of Defense was definitely" promised then or hinted at, or whether the President merely said that Mr. Johnson could later have anything he wanted if the election brought a victory, is immaterial at this time.

COINCIDENCES EXPLAIN ABLE The fact remains that Louis Johnson be

came Secretary of Defense and resigned his position as director and special Washington counsel for the Consolidated Vultee Aircraft Co. It develops that this company is now to receive hundreds of millions of dollars in contracts just placed by the Government for the building of B-36's. It develops also that campaign contributions were made in a private capacity-which is a legal right~by Floyd Odlum of New York, chairman of the board of the Consolidated Vultee Co. The official records in Congress reveal that several other contributions were made through Mr. Odlum to help pay campaign deficits after the election.

These coincidences are fully explainable. After all an individual may make a campaign contribution and ask his friends to do likewise, because he believes in a political cause. And at the same time he can be serving as head of an efficiently operated company, lilte Consolidated Vultee, which specializes in a certain type of plane and which is capable of fulfilling Government contracts for hundreds

. of millions of dollars. Likewise, Louis Johnson's prejudices in favor of the B-36's can be a matter of honest conviction. His belief

in long-range bombers is not of recent origin. He e:is;pou:pded -it against opposition .when he was Assistant Secretary of War before the outbreak of World War II. ·

The point will be raised, however, whether the President of the United States should have to accept contributions from individuals connected with companies holding Government contracts or from anybody else. It is in the public interest that candidates for President of the United States should have a chance to 'lay their case before the people. Congress should appropriate the money needed for campaign expenses. There never should be any_ more private contributions .to the campaign fund for the election of a President and Vice President or for the election of Senators and Representative in Congress.

(From ·the New_ York ~imes of May 26, 1~491 THE BI'ITER YIELD OF POLITICS AND POWER

(By Arthur Krock) WASHINGTON, May 25.-Two congressional

investigations are now in view that can have unfortunate effects on national security, though not necessarily so. That will depend on the caliber of the Senate and House committees which will inquire into the admin'istrative record of the Atomic Energy Commission and the procurement policy of the Air Force. And it will depend only less so on the degree to which . official witnessea accept the fact that ~hey are answerable to C_ongress as well as to the Executive.

The method by which political campaigns are financed in this country stimulated the can- for the Air Force procurement investigation. The attitude of Chairman Lilienthal · ~:C., .the AEC toward tlle spirit, of the statute h~ was given to administer foreshadowe~ the inq!liry which verY. wisely and properly he now has demanded. · The facts which led to the House resolu- · tion by Representative Van Zandt today for the Air Force procurement review are briefly these:

Until late in President Truman's campaign . for election the Democratic National Committee wa& desperately hard up. Certain cqntributors were loath to support what they considered a lost cause, and the usual Democratic sources in the South went dry,' At -this point Louis Johnson, for.mer Assistant Secretary of War, happened to drop into a meeting where the financial situation was being discussed. Promptly he was drafted to attempt to remedy it. After a talk with the President, in which it is understood he told Mr. Truman about all his business connections-including a directorate of the Consolidated-Vultee, which manufactures the B-36 bomber-he agreed to serve.

Mr. Johnson's service was very effective. He raised at least one and one-half million dollars, paid in before and after the election, and among the large contributors was his business associate, the chairman of Consolidated-Vultee, Floyd Odlum. Not long after the election, when the President and Secretary Forrestal made it clear to the Air Force that its budget would be cut, the Air Force decided that the best interests of national defense required that its big bomber program should be limited to the B-36. This led to the cancellation of large contracts for other types of large bombers which the Air Force contends are more expensive and less satisfactory. The decision was endorsed last January by the Joint Chiefs of Staff, unanimously, and, as the law requires, by the late Secretary Forrestal and the President, as in the national interest.

A recasting of procurement plans which dealt other aircraft manufacturers so hard a blow naturally aroused resentment. This was transmitted to Members of Congress, with some impressive military arguments against it. But inevitably, because of campaign contributions from Mr. Odium and certain others, and Secretary Johnson's prior

8890 CONGRESSIONAL RECORD-SENATE JULY 6 association with Consoltdated-Vultee, the protests also aroused suspicion founded in. political association. Though Mr. Johnson was not in office until almost April, his subsequent order to stop work on the Navy's supercarrier, which was issued in the train of these events lent strong, new support to the plan, now taking form, to investigate the whole matter.

It ts this aspect of the affair that could produce very unfortunate consequences, both 1n the conduct of the inquiry and in the impression the public may receive. How could It have been avoided? Only by some reform in the method of financing political campaigns that would exclude Government contractors from contributing, and by legis-· lation barring the appointment to office of anyone who ever had an interest in business which had, ha:.., or will have contractual relations with the appointee. A President, of course, could follow the latter rule without any legislation. But Mr. Truman, though Secretary Johnson fully informed him that he was a director and special counsel of Consolidated-Vultee, elected not to do so in this instance.

There is no intention here to suggest that the Air Fo.rce procurement program waa influenced by any political or personal considerations or that any attempt was made to that purpose. The point ts that, in the circumstances, a congressional inquiry with that possibility in mind was inevitable.

Mr. Lilienthal was unlucky 1n that the revelations about the missing U-235 in the Argonne Laboratory of the AEC, and the admission to AEC fellowships, without security clearance, of one or several Communists, cante from outside the Commission and at a time when Congress was examining his proposed budget. But sooner or later . the secrecy and exclusion of the miiltary which Congress reluctantly wrote into the AEC statute, and Mr. Lilienthal's full use of these immunities, would have released the criticism against him that now is mounting ln Congress. He is prone to lecture legislators on liberalism and to leave an implication that science, even when employed in the atomic program, sh<>Uld not be answerable to Government. Senators like Mr. VANDENBERG and Mr - HICKENLOOPER, who fought for bis confirmation when it was bitterly opposed. have become increasingly dissatisfied with his administration of the AEC statute. They feel that his devotion to his political philosophy has too often submerged the requirements of sound management.

Mr. Lilienthal ls known among them as the chief opponent of security clearance for the AEC fellows, including statements that he would never agree to what he has since agreed. They find in this a symbol of headstrong courses which, they think, are perilous. Hence when, with no help from the Commission, the recent revelations came, the AEC inquiry was assured.

f From the Boston Herald of June 4, 1949] SERIOUS CHARGES

The public will expect the Armed Services Committee of the House of Representatives to look long and carefully at the whole smelly business of military aircraft procurement. The unanimous vote of the committee to make an investigation of the situation assures nonpartisanship 1n approaching the large task ahead.

Without going into all the details, enough has been said publicly to make things look pretty bad for Secretary Louis Johnson and, perhaps, even President Truman. It is, o! course, all inference, and Mr. Johnson should have the opportunity to present fully all of the facts as he knows them.

Here are some of the details which hold the alarming implications. Secretary Johnson was a director o! the Consolidated Vultee Corp., which makes the controversial B-36,

huge bomber which some Air Force enthusiasts say is au we need to conduct offensive war. On leaving this corporation to become head of the defense establishment, Mr. Johnson was in a position to influence the contract making of the armed services. It is yet to be proven that he did. But the fact remains that subsequently contracts to Consolidated were greatly increased at the expense of other plane manufacturers whose contracts were canceled. Representative JAMES E. VAN ZANDT, of Pennsylvania, says it will cost $100,000,000 just to cancel those other contracts.

The committee must look thoroughly into that whole contract business. But there are other questions to be answered. Was there at;i.y connection between Mr. Johnson's bomber enthusiasm and cancellation of the Navy's plans for a super aircraft carrier? Who provided that $1,000,000 or so which Mr. Johnson is reputed to have raised last year for Mr. Truman's election campaign? And, what about the propriety of politicking by such major Cabinet officers as the Secretary of National Defense? President Truman ts reported to have resented the refusal of the late Secretary Forrestal to have any part in the election campaign. What does Congress regard as proper in this respect?

In many ways this investigation is much more important than the current trial Of Chairman Lilienthal, of the Atomic Energy Commission or the "who perjured most?" Hiss-Chambers trial now going on in New York. The American public has the right to know whether all is on the square at the Pentagon. And enough suggestive statements have been made to entitle Mr. Johnson to a fair hearing. Let's get the facts.

EXTENSION OF UNEMPLOYMENT ALLOW-ANCE BENEFITS OF SERVICEMEN'S READJUSTMENT ACT-AMENDMENT

Mr. FREAR submitted an amendment intended to be proposed by him to the bill <S. 1741) to extend the unemployment allowance benefits of the Servicemen's Readjustment Act of 1944 for a period of 2 years, which was ref erred to the Ccmmittee on Labor and Public Welfare, and ordered to be printed. PURCHASE OF AUTOMOBILES BY CER-

TAIN D~SABLED VETERANS-ADDITIONAL COSPONSORS OF BILL

Mr. PEPPER. Mr. President, I ask unanimous consent that the names of the Senator from Massachusetts [Mr. LODGE] ancl the Senator from Connecticut [Mr. BALDWIN] be added as additional cosponsors on the bill <S. 2115) to authorize payments by the Administrator of Veterans' Affairs on the purchase of automobiles or other conveyances by certain disabled veterans, and for other purposes.


CHANGE OF REFERENCE

On motion by Mr. JOHNSON of Colorado the Committee on Interstate and Foreign Commerce was discharged from the further consideration of the bill CS. 1097) for the relief of Phyllis Hertzog, and it was ref erred to the Committee on Post Office and Civil Service. THE KAISER-PERMANENTE MEDICAL

CARE PLAN-STATEMENT BY SENATOR MURRAY

[Mr. MURRAY asked and obtained leave to have printed in the RECORD a statement prepared by him on the Kaiser-Permanente

medical care plan, which appears in the Appendix.]

ADDRESS BY FORMER SENATOR MEAD, OF NEW YORK, AT OSWEGO STATE TEACHERS COLLEGE, OSWEGO, N. Y.

[Mr. MURRAY asked and obtained leave to have printed in the RECORD an address .delivered by former Senator J ames M. Mead, of New Yor!>:, at the alumni-day program of Oswego State Teachers College, Oswego, N. Y., on June 11, 1949, which appears in the Appendix.]

ADDRESS BY ASSISTANT SECRETARY OF THE INTERIOR AT ST. CROIX NATIONAL MONUl\l'iENT

[Mr. BREWSTER asked and obtained leave to have printed in the RECORD au address entit led "A Talisman of Internat ional Accord," delivered by · Assistant Secretary of the Interior C. Girard Davidson , at t he St. Croix National Monument, St. Croix Island, Maine, on July 2, 1949, which appears in the Appendix.]

RECORD OF THE PRESENT CONGRESSEDITORIAL FROM NEW YORK TIMES

[Mr. BREWSTER asked and obtained leave to have printed in the RECORD an editorial entitled "Six Months of Con gress," published in the New York Times of July 6, 1949, which appears in the Appendlx.) ·

BREAK-DOWN OF YALTA AGREEMENTS-ARTICLE BY EDWARD R. STETTINIUS, JR.

[Mr. PEPPER asked and obtained leave to have printed in the RECORD an article entit led "After Yalta: Why the F. D. R.-Stalin Pacts Broke Down," written by Edward R. Stet..: tinius, Jr., and published in Look magazine for July 5, 1949, which appears in the Appendix.]

WHAT'S GOOD ABOUT THE NATIONAL DEBT?-ARTICLE BY ROBERT K. PEPPER

[Mr. PEPPER asked and obtained leave to have printed in the RECORD an article entitled "What's Good About the National Debt?" written by RQbert K. Pepper, which appears in the Appendix.]

LIBRARY DEMONSTRATION-EDITORIAL FROM WASHINGTON STAR

[Mr. HILL asked and obtained leave to have printed in the RECORD an editorial entitled "Library Demonstration," published in the Washington Star of July 6, 1949, which appears in the Appendix.]

COMMUNIST PENETRATION OF THE HAWAIIAN ISLANDS-EDITORIALS FROM OMAHA WORLD-HERALD

[Mr. BUTLER asked and obtained leave to have printed in the RECORD an editorial entitled "BuTLER Has Something," published in the Omaha World-Herald of June 30, 1949; also an editorial entitled "Hawaii Beckons," published in the Omaha World-Herald of July 3, 1949, which appear in the Appendix.]

THE ECONOMIC POLICY OF GREAT BRIT-AIN- -EDITORIAL FROM WALL STREET JOURNAL [Mr. WHERRY asked and obtained leave

to have printed in the RECORD an editorial entitled "An Economic Yalta," published in the Wall Street Journal of July 6, 1949, which appears in the Appendix.]

THE MARITIME CONTRACTS-EDITORIAL FROM NEW YORK TIMES

[Mr. MAGNUSON asked and obtained leave to have printed in the RECORD an edit orial entitled "The Maritime Contracts," published in the New York Times of June 23, 1949; which appears in the Appendix.)

1949 CONGRESSIONAL RECORD-SENATE 8891 ONE HUNDRED AND FIFTIETH ANNIVER

SARY CELEBRATION OF FOUNDING OF FORT ADAMS, R. !.-ADDRESS BY SENATOR GREEN

[Mr. McGRATH asked and obtained leave to have printed in the RECORD an address delivered by Senator GREEN on the occasion of the one hundred and fiftieth anniversary celebration of the founding of Fort Adams, Newport, R. I., July 4, 1949, which appears in the Appendix].

HELL BENT FOR DEMOCRACY'S DESTRUCTION-SPEECH BY C. A. STODDARD

[Mr . JOHNSON of Colorado asked and obtained leave to have printed in the RECORD a speech entitled "Hell Bent for Democracy's Destruction," delivered by C. A. Stoddard, editor of the Craig Empire-Courier, Craig, Colo., which appears in the Appendix.]

LEAVE OF ABSENCE

Mr. SCHOEPPEL asked and obtained consent to be absent from the Senate from tomorrow through Monday next.

THE NORTH ATLANTIC TREATY

The Senate as in Committee of the Whole resumed the consideration of the treaty, Executive L (81st Cong., 1st sess.), signed at Washington on April 4, 1949.

Mr. VANDENBERG. Mr. President,. before I proceed to the matter in hand I should like to make a suggestion and submit a request. .

In accommodating ourselves to these quarters I thought perhaps an experiment might be useful. Personally I find it very difficult to contemplate speaking to this jury with my back to it constantly throughout the address. Much as I should regret ever to turn my back on the Vice President, nevertheless, under the circumstances, since the votes are down here instead of up there, I venture to suggest that I should like consent to speak from the well of the Senate, so that I may face my auditors.

The VICE PRESIDENT. Is there objection to the request? The Chair will say that while he dislikes to have the Senator from Michigan turn his back on the Chair, in connection with the ratification of a treaty there is no such thing as a tie vote. Therefore the Chair would not be influenced by any speech, because he cannot vote anyway. However, the Chair will enjoy the speech of the Senator from Michigan just the same, and will profit by it.

Is there objection to the request of the Senator from Michigan? The Chair hears none.

Mr. VANDENBERG. Mr. President, I present to the Senate my urgent reasons for supporting the pending North Atlantic Treaty. I believe it is the best available implement to discourage armed aggression and thus to stop another war before it starts.

I recognize there are conscientious differences of opinion on this subject in Congress and the country. Eliminating some self-serving opposition which is clearly inspired by alien influence, I have the greatest respect for the earnest questions that have been raised, in and out of Congress, by loyal citizens whom I do not for an instant confuse with these other opponents to whom I have referred. They perform a public service by putting this treaty to the test. In such circum-

stance, the treaty must justify itself. ·1 know it can.

Therefore, Mr. President, I shall strive for utmost frankness in my analysis of these issues. The treaty's final authority depends upon the extent of our intellectual conviction that this philosophy of collective action is wise and sound and right. With the indulgence of my colleagues, I shall seek to explore the total subject, pro and con.

For the sake of continuity, I ask to pre.sent my preliminary statement without interruption. Thereafter I shall submit to questions. Indeed, I shall welcome them for the same reason that I have welcomed the exhaustive hearings of the Senate Foreign Relations Committee. With open minds we must search the truth. There is no monopoly of truth on either side. But in the unanimous opinion of the Senate Foreign Relations Committee, preponderant reason and logic recommend that the treaty shall be ratified. I dare to hope that the Senate's action similarly shall be by such an eloquent margin that the treaty shall be given maximum impetus and clothed with maximum moral authority in behalf of peace.

No one can say he knows the answer to the peace conundrum which plagues this world. As one witness before our committee rightly said: "We live in unsatisfactory times and must make unsatisfactory choices." Peace is in flux. We are denied the luxury of perfecting our own righteous designs because, while one nation can make war, it takes two or more to plan and keep the peace. I do not know that I am right. But at least I know, as a result of our committee hearings, that my convictions seem to be supported by a .great majority of the organized citizenship of the country as expressed by spokesmen for most of our groups in every field of life.

My view is that this treaty is the most sensible, powerful, practicable, and economical step the United States can now take in the realistic interest of its own security; in the effective discouragement of aggressive conquest which would touch off world war three; in the stabilization of western Germany; and, as declared by its own preamble, in peacefully safeguarding the freedoms and the civilization founded on the principles of democracy, individual liberty, and the rule of law. These things, Mr. President, I shall undertake to prove.

Only those without eyes to see and ears to hear can deny that th3se precious values-far dearer than life itself-are in jeopardy in today's tortured world. It is the overriding fact of life. Sooner or later every other problem is overshadowed by it. It is a condition, not a theory. It must be met as such. That is what this pending treaty undertakes to do . .

This jeopardy does not stem from us. On the contrary, the greatest tribute ever paid to the good faith of any government is the shining fact that, though we are the sole custodians of atomic bombs, no nation anywhere on earth this afternoon, including the Soviet group which so violently libels our motives, has the slightest fear that the United States of

America will misuse its present lethal monopoly. They all know they are safe unless and until they . strike first. So patent is this fact that I am at a loss to understand how some of our own citizens-God save the mark-can join the war-mongering charges that are made against us by those who nourish futile dreams of our destruction.

The jeopardy to which I have referred does not stem from us. It does not stem from those overwhelming majorities of peace-living states which constantly make common cause with us on the roll calls in the General Assembly of the United Nations. It does not stem from the North Atlantic community where western civilization was cradled and where its survival is at stake. No, Mr. President, it stems from embattled, greedy communism abroad and at home; from open conspiracies which have frankly sought to wreck the brave selfhelp and mutual aid which would restore independent peoples to their heritage, with our American cooperation; from kindred saboteurs in the United Nations; from those who have repelled and thwarted our American designs and aspirations for a live-and-let-live world.

I repeat: The jeopardy does not stem from us. But it inevitably involves us. Indeed, we are its heart and core. It is aimed ultimately at us. We cannot run away from it. There it is, pact or no pact. Every vigilant American knows this is true. We are the final target, though other independent peoples are in nearer jeopardy. We may argue ours. ives out of ratifying the pact. But we cannot thereby argue ourselves out of the jeopardy which the pact seeks to minimize.

Is it not elementary common sense, Mr. President, for those who share this jeopardy also to share vigilance against it? That is what this treaty does. It reduces the jeopardy by anticipating it. It reduces the jeopardy by sharing it. Indeed, it may well extinguish the jeopardy-and I believe it will-by the clear demonstration that this united self-defense against aggression will be invincible. Upon two previous occasions the Kaiser and the Fuehrer found this out the hard way. This treaty ought to make a renewal of the lesson, in blood and sweat and tears, unnecessary. Certainly it is worth the chance.

We must undertake to mitigate this jeopardy by every possible, pacific means. This treaty is not a substitute for other major efforts to push baclc the shadows of war and to integrate what I shall repeatedly describe as a "live and let live world." With firm patience these efforts must continue in the United Nations. With complete good faith they must continue at the council tables in Paris and elsewhere, regardless of discouragements. They must never surrender to the hopeless defeatism which presumes that war is inevitable. Rather, they must presume that peace is inevitable, sooner or later, if we persist in trailing it. But they must never fail to recognize that appeasement is surrender on the installment plan.

There is no hypothesis of honor~:-,1e

peace, Mr. President, into which the

8892 CONGRESSIONAL RECORD-SENATE 'JULY 6 North Atlantic Treaty does not fit: It stands in the way of nothing but armed aggression and nobody but armed aggressors. It cannot possibly handicap any successful peace efforts in other directions. It can only supplement and strengthen them-always and forever a reserve reliance, and nothing else-always and forever subordinate to the happy evolution of dependable progress in the United Nations, in the Councils of Foreign Ministers, and in the friendlier . habits of presently dangerous neighbors.

It is anxiously said by some, Mr. President, that the treaty is a sharp departure from our historic American foreign policy of nonentanglement in the affairs of others. In a sense this may be true. In another sense it is not. We might remember that the philosophy of action upon which this treaty is based is one of the reasons for the formation of our own Federal Union as asserted in the Federalist papers, namely to make it possible "to apply the resources and power of the whole to the defense of any particular part." We might remember that our own Monroe Doctrine was the pioneer in the preventive doctrine of warning aggressors to keep off the grass. We might remember that it worked. We might remember World War I and World War II. We might remember our membership in the United Nations where we pledge ourselves to collective security no less emphatically than we do in the pending pact.

We might also remember, Mr. President, that times have changed. Once upon a time the oceans were moats around our bastions. Once upon a time it was a miracle to travel round the world in 90 days. Now it is done in as many hours. We might compare oldfashioned muskets with new-fashioned bombs. Once upon a time we were a comfortably isolated land. Now we are unavoidably the leader and the reliance of freemen throughout this free world. We cannot escape from our prestige nor from its hazard.

I shall have more to say about these phases a little later. At the moment I simply identify the fundamental challenge. Theodore Roosevelt saw it coming half a century ago. I can do no better than to bring his prescient admonition down to date. Said he:

My countrymen, I believe in you with all my heart. I am proud it has been granted me to be a citizen in a Nation of such glorious opportunities. We have no choice, we people of the United States, as to whether we shall play a great part in the world. That has been determined for us by fate, by the march of events. We have to play that part. All that we can decide is whether we shall play it well or 111.

I submit to my countrymen ·that these words were written for the ages. Never did they more accurately define reality, · never did they more vividly point the goal, than they do this afternoon. Much as we might crave the easier way of lesser responsibility, we are denied the privilege. We cannot turn back the clock. We cannot sail by the old and easier charts. That has been determined for us by the march of events. We have no choice as to whether we shall play a great part in the world. We have

to play that part. We have to play it in sheer defense of our own self-interest. All that we can decide is whether we shall play it well or ill.

We played it well in the military climax of World War I. We played it well in the defeat of our enemies in World War II~ We played it ill at Yalta. We played it not so well at Potsdam. We played it ill in China. We played it well at Chapultepec, at San Francisco's Golden Gate, and at Rio. We played it well in Berlin. Our intrepid eagles wrote incalculable American prestige for us across those treacherous skies. We have played it so well in the cooperative rejuvenation of western Europe that the momentum of confidence and peace is in formidable stride.

This is no time to halt this trend. This is the hour of hours to continue to "play it well." In my deepest conviction that is exactly what the pending North Atlantic Pact will do.

Now, Mr. President, before we examine the treaty itself, let us see how and why it is here. At the end of two world wars, neither of which we entered voluntarily, we found ourselves unavoidably burdened with obligations to help administer the victory and the pursuit of peace. Our unliquidated obligations still persist, and so do their unliquidated tasks.

We also found ourselves in the heart and center of a foreshortened world. This was, and is, as plain as that two and two makes four. The fiight of a guided missile, the chain reaction of an atomic bomb, the range ·of an air pirate, these are hazards which reduce international boundaries to the impotence of pencil marks on tissue paper. There is no longer such a thing as isolated security.

Like the practical people that we are, ·we faced these hard facts of life. We did it not in the glow of global evangelism but on the cold, hard basis of intelligent self-interest. We sought to make ourselves safe in a world of peace and justice. Long before the shooting stopped, we made preliminary soundings at Dumbarton Oaks to find a working basis upon which to seek cooperation for international peace and security. This led eventually to San Francisco and the United Nations Charter. It was not an ideal Charter, thanks to limitations inherited from Yalta, and to clashing ideologies which began to display their incompatibilities before the ink on the charter was even dry. But it was a hopeful charter, frankly requiring a common will and a mutual faith among the Great Powers, one of which promptly began its long, reckless and relentless destruction of this unity. It was a charter to which the American people overwhelmingly subscribed, as reflected in the Senate's ratification on July 28, 1945, by a vote of 89 to 2. I hasten to add, Mr. President, that it is still a hopeful charter despite all Soviet "road blocks." It has done provably much for peace. I hesitate to think where the world would be today if its council table had not been available to talk things out, no matter how inconclusively, rather than to shoot them out.

Mr. President, in the process of forging the United Nations at the Golden Gate it speedily became evident that the

regional arrangements, initially proposed, textually offered special latitudes of ::;ecurity to our European allies which were denied to others of us and particularly to pan-America. The former were permitted their own summary enforcement action "in regional arrangements directed against renewal of aggressive policy" ·on the part of any of the Axis states. But the Americas, in their regional arrangements, were entirely at the mercy of the Security Council-with its veto-in the event of trouble under the Act of Chapultepec, which proposed, once for all, to establish the essence of the Monroe Doctrine as a mutual partnership.

To make · a long story short, LatinAmerica rebelled-and so did we. If the omission had not been rectified there would have been no Charter. It was rectified, finally, after infinite travail, by agreement upon article 51 of the Charter. Nothing in the Charter is of greater immediate importance and nothing in the Charter is of equal potential impor-. tance.

It recognizes the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Note well that language. The right of individual or collective self-def ense is specifically acknowledged, in the event of armed attack, as an inherent and paramount right which goes with sovereignty and which continues unless and until the United Nations Security Council "has taken the measures necessary to maintain international peace and security."

The Security Council may be paralyzed by a veto, as it has been in the past by 30 Soviet vetoes; · but under article 51 no veto can paralyze individual or collective self-defense against armed attack. It follows, as day follows night, that regional or other collective arrangements can be made by congenial nationsstrictly within the framework of the Charter-to organize "collective self-defense'' against an unhappy and unwanted day of crisis . .

That, Mr. President, is precisely what we did, among other things, for the Western Hemisphere when we wrote the Inter-American Treaty of Reciprocal Assistance at Rio de Janeiro on September 2, 1947, which the Senate of the United States ratified on December 8, 1947, by a vote of 72 to L We thus established well-nigh invincible security for our New World.

Again, Mr. President, that is what we were talking about in a larger sphere when, on June 11, 1948, the Senate, by a. vote of 64 to 4, advised the President that he should pursue "associatio~ of the United States, by constitutional process, with such regional and other collective arrangements as are based on continuous and effective self-help and mutual aid, and as affects its national security" and contribution "to the maintenance of peace by making clear its determination to exercise the right of individual or collective self-defense under article 51 should any armed attack occur affecting its national security." If we did not have

1949 CONGRESSIONAL RECORD-SENATE 8893 at the time we passed .that resolution something like the pending pact in mind, what did we have in mind?

All this now comes to climax, Mr. President, in the pending North Atlantic Treaty. It is a series of logical progressions. We wrote "collective self-defense" into the United Nations Charter at San Francisco. We applied it to pan-America at Rio. We advised the President, in Senate Resolution 239 of the Eightieth Congress, to explore these peace potentials in a wider area. He took our advice. The pending treaty to protect the North Atlantic community is the result.

The result, in my opinion, is the greatest discouragement to war which we have yet devised. In my opinion, it makes the United Nations Charter work despite the Charter's crippling handicaps. In my opinion, it pointi:i the way to make the Charter work for keeps regardless of continuing subversion by a Communist minority. It has no aim but peace. Nonation on this earth need lose so much as on8 night':; sleep over its purposes or its ultimate impact unless that nation plans voluntarily to identify itself as an international criminal by armed aggression against its peace-loving neighbors. But if such there be, here is the warrant for its doom. ·

I have referred to Ser:..ate Resolution 239 passed just 1 year ago by a vote of 64 to 4. I have said that it asked for this North Atlantic Pact. That is rny opinion in respect to the sequence. But I hasten to repeat what I said 1 year ago. Every Senator is free to judge the sequence for himself. In good faith I said then to my colleagues that they could vote for Senate Resolution 239 without any commitment, moral or otherwise, to any particular implementation which might subsequently be submitted to their judgments; In good faith I repeat it now. I shall never ask any Senator to vote for the North Atlantic Pact because he voted for Senate Resolution 23&. But I shall urge all Senators prayerfully to consider whether this sort of sequence is not the objective we then envisioned. Without regard to sequence, I shall urge that this is "tops" in practical pacifism for western civilization in general arid for our own United State~ of America in par-ticular. ·

The treaty is here for another .reason. We have not finished World War II until the German problem is settled. There can be neither peace nor economic stability in western Europe until the German problem is liquidated. There can be no release for us from our own burdensome occupational responsibilities in western Germany until free and self-sufficient government is reestablished in these areas. This means, on . the one hand, that the Germans must have a reasonable and hopeful opportunity to build a sound and healthy economy for themselves and to resume their place in the family of nations. But it requires, on the other hand, that this rec;overy shall not restore the aggressive military potential which, twice in our lives, has plunged the world in war.

This time there must be no mistakes upon this score. Germany's immediate neighbors cannot be blamed for special solicitude in this respect. They cannot

be blamed for insisting that German recovery must be subo··dinate to these protections. To meet this elementary need, we offered our Allies, including the Soviets, a 40-year treaty of support in the event of Axis resurgence. The Soviets spurned the proposal. l assume it is still open to them. In lieu thereof, we have now signed this pending 20-year pact with our western allies. For them and us · it accomplishes, among other things, the same result. It would apply just as promptly and effectively to a German aggressor as it does to a Communist aggressor. But by the same token it also is a powerful and well-nigh indispensable aid to maximum German recovery-and therefore to European recovery-because it permit~ greater recovery latitudes than Germany's twice-ravished neighbors would otherwise tolerate.

Let me summarize the pact in a few simple sentences.

This is a peace agreement between 12 independent nations and 300,000,000 people who assert their purpose to safeguard the freedom, common heritage, and civilization of their peoples, founded on the principles of democracy, individual liberty, and the rule of iaw. They reaffirm their faith in the purposes and principles of the United Nations and their desire to live in peace with all peoples and all governments.

These 12 nations, I repeat for the record, are Belgium, Canada, Denmark, France, Iceland, Italy, Luxemburg, Netherlands, Norway, Portugal, United Kingdom, and the United States. What is their contract?

First. They covenant to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered.

Second. They agree to cooperate toward better international understandings to eliminate conflict and to encourage collaboration.

Third. They agree, separately and jointly, by means of continuous and effective self-help and niutual aid, to maintain and develop their individual and collective potentials to resist armed attack.

Fourth. They agree to consult together whenever the territorial integrity, political independence, or security of any one of them is threatened.

Fifth. They agree that an armed attack against one or more of them in . Europe or North America shall be considered an armed attack against them all; and consequently they agree that, if such an armed attack occurs, each of them will assist tlie party or parties so· attacked by taking forthwith, individually and in concert with the other parties, such action as each deems necessary, including the use of armed force, to restore and maintain the security of the · North Atlantic area. Such measures shall cease when the Security Council of the United Nations takes competent jurisdiction.

Sixth. They agree to establish an advisory council, upon which each of them shall be represented, to consider implementation of the treaty. The council has no power of action. Its power is solely to recommend.

Seventh. They provide that the treaty · shall be ratified and its provisions carried out by the parties in accordance with their respective constitutional processes. I emphasize the fact that this qualifying phrase refers not only to the process of ratification but to the process of implementation.

The treaty is subject to revision in 10 years and to denouncement in 20 years. Its geographical jurisdiction is confined to Europe, North America, the Frerich metropolitan areas o(Algeria, and islands north of the Tropic · of Cancer.

It is thus short, plain, and simple. It involves some debatable implications to which I shall give subsequent frank attention. But the controlling theme is as concise and straightforward as my summary indicates. It is purely a self-def ensive compact which serves advance notice upon any aggressor that 300,000,-000 people in the North Atlantic community propose neither to appease nor surrender to aggression against the "rich heritage of the Western World,'' as one analyst has put it; that "brilliant civilization based on Greek humanism, Roman legal thinking, Christian ethics, and the great common experience of the Renaissance, all binding us together in a peaceloving community of free thought and free endeavor" which we mean to uphold and, if it should be necessary, to defend.

There is not one aggressive syllable in the entire contract. There is nothing but peace in the aspirations which give it being and in the self-help and mutual aid which give it life. It is not built to stop ~ war after it starts-although its potentialities in this regard are infinite. It is built to stop wars before they start. With greatest respect for the counter views of sincere Americans who argue . otherwise--but with complete contempt for the hostile, self-serving, self-confessing hysteria against it by ·communism everywhere-I shall urge the Senate that this is the lcgical evolution of one of our greatest American idioms, "United we stand, divided we fall."

I want to come back, Mr. President, to the charge that this North Atlantic Pact is a repetition of the old military alliances as menacingly known to history, and that it thus flies in the face ' of all our own precious national tradi- · tion. I submit one exhibit bearing upon both, and answering both.

Perhaps the most significant of all the old, orthodox military alliances was the Holy Alliance of 1815. Perhaps the most significant of all our own American doctrines was the Monroe Doctrine ·of 1823, which was first announced to the world within these very hallowed walls where we now meet. The Holy Alliance and the Monroe Doctrine were just 8 years apart. The latter was substantially stimulated by the threats to America inherent in the former. I think by a very brief analysis of the two I can indicate conclusively why there is not a ·scintilla of justification for confusing the thing we are here asked to do with this thing o.f ancient menace.

Let me read one telltale, controlling sentence from the Holy Alliance: ''The three contracting monarchs will remain united by the bonds of a true and indissoluble fraternity, and, considering each

8894 CONGRESSIONAL RECORD-SENATE JULY 6 other as fellow countrymen, they will on all occasions and in all places lend each other aid and assistance."

It was a contract for weal or woe-on all occasions and in all places-regardless of provocations-regardless of right or wrong-to stand and fight together for the survival of these monarchies. It was a self-serving alliance against the world. It was both defensive and aggressive, It was a contract not only for survival but for domination.

Can you find any remote semblance of a parallel in the North Atlantic Treaty which is dedicated solely to peace; which applies solely to mutual resistance against an aggressor's armed attack; which is devoid of a single imperialistic obligation; and which is instantly null and void when the conscience of the world is prepared to function through the Security Council of the United Nations~ This is not a military alliance in any historical and orthodox meaning of that phrase.

Then let me read, on the other hand, · t~o sentences from the Monroe Doctrine;

We owe it to candor-

And that is the important phrase, first heard, first given to the world, right where we now sit-

We owe _it to candor-

And when that phrase was used it was simply the forerunner of what we now mean when we so often indicate that in conducting the public foreign policy of the United States the Government should say what it means and mean what it ~ays.

We owe it to candor and to the amicable relations existing between the United States and those powers (referring to contemplated American colonization by European powers) to declare that we should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and security. · • • • With the governments who have declared their independence and maintained it, and whose independence we have, on great consideration and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny • _ • • in any other light than as the manifestation of an unfriendly disposition toward the Un'ted States.

Just what were we thus doing on our own responsibility back in those swaddling days of the Republic, Mr. President? In net e:f!ect were we not doing exactly what we propose, on a multilateral basis, to do today? Were we not frankly warning potential aggressors in advance that if they aggressed they would have to cope with us? Were we not choosing the lesser of calculated risks? Were we not expecting that the warning of the consequences of an aggression would save us from the unavoidable necessity of stopping the aggression if-it occurred? In familiar idiom, I repeat, were we not saying-"keep of! the grass"?

An even better idiom was offered to the Senate yesterday in the able address by my distinguished friend, the Senator from Texas [Mr. CONNALLY], when he phrased it as an analogy with the traf .. fie warning, Do ,Not Enter. The traffic

warning, Do Not · Enter, stands upon 10,000 corners of this land. There is not a policeman standing by the sign anywhere, but the sign usually is effective. There has to be a reasonable constabulary in the background. But the sign carries its own power.

Mr. President, that warning workedto the glory of the Republic and to the everlasting promotion of righteous peace. With only incidental lapse, it protected the New World through practically a century of peace. It spoke with candor. It said what it meant. It meant what it said. It prevented trouble by frankly pointing out 'the price of trouble. No aggressor was willing to pay the price. It did not rely on armed forces in being deployed throughout the far-flung area which it sought to immunize against aggression. It relied upon something infinitely more powerful and more impressive. It relied upon the assurance to any potential aggressor that he would face odds calculated to cost him any chance of victory. It did not precipitate war. It precipitated and maintained independent peace.

Mr. President, the North Atlantic Pact may be a literal departure from orthodox American diplomacy although George Washington's· justly revered Farewell Address visualized temporary· alliances for extraordinary emergencies-and I do not know how any emergency could be more extraording,ry than our dire need to stop total atomic war before it starts again, and I think a treaty which is subject to review in 10 years is relatively temporary compared with the decades of inexpressible grief which the failure of peace would grind into our broken lives. But I deny that the treaty. is a departure from a philosophy of preventive action against aggression which was bravely and wisely and successfully launched by our own prescient forebears 126 years ago in Washington, D. C. I deny that it has any kinship with military alliances as they were known in the old and ominous sense. I asser·t, on the basis of our own American experience with candor under the Monroe Doctrine that it is more calculated to encourage peace and to prevent the insane events· which would make peace impossible, pact or no pact, than any other recourse which we could presently embrance.

-I know; Mr. ;president, there are many friends of this great peace adventure who are inclined to put their overriding emphasis upon the subsequent physical impl~~entation of the pact. There ·are those who count it disingenuous to take any other view.'

·1 do pot agree. Frankly, I should have much less int,erest ,in this treaty if I thought its repressive influence for peace is· measured _by or dependent on any such implementation. It ·is not the military for~~s in being which mea~ure the impact of this "knock-out" admonition. In my view its invincible power for peace is the awes,ome fact that any ag.gressor ·upon the Nerti) Atlantic community knows in advance that from the very moment he launches ·~s conquest he will forthwith face whatever cumulative. opposition these united allies in their own wisdom · . ,

deem necessary to beat him to his knees and to restore peace and security.

It is not the military forces in being which measure the impact of this "knockout'' admonition, important though they are. It is the potential which counts, and any armed aggressor knows that he forthwith faces this potential from the moment he attacks. It is this total concept which, in my view, would give even a reincarnated Hitler pause.

Let me not be misunderstood. I accept the philosophy of article 3 for myself. I simply insist upon the proper context. We are not launching a vast arms race. Quite the contrary-we largely depend upon potentials.

Article 3 is elementary common sense in that the parties to this treaty propose, separately and jointly, by means of continuous self-help and mutual aid, to develop their individual and collective potentials to resist armed attack. It is common sense to put these common interests in gear in the exercise of common vigilance. The better they are integrated the less the need for their expansion and the less likelihood of their subsequent use.

What is proposed under article· 3 for the next year? I do not know except by general information, that we may be asked for something like $1,000,000,-000 of arms aid to supplement six or seven billions which our associated nations have already provided in their own budgets. The immediate objective, I understand, is substantially to make existing forces more efficient-to standardize rather than to expand.

By no stretch' of the imagin:ttion can such a prospectus be deemed aggressive. Nor can it be deemed competitive. Nor can it be deemed a plan to turn western Europe into an armed camp. Nor can it be deemed to contemplate new American manpower overseas .. Nor, Mr. President, can it be deemed-and this is the vital thing to me-to measure the final authority which this agreement shall exercise to dissuade aggressors from their crimes. The supreme authority for peace is ·in the potentials of the treaty itself. It is in article V and not in article III.

I want to repeat' again, however, that I understand that article III has its very definite and unavoidable importance. It builds no illusory Maginot lines. But it steps up the defense facilities in being. It contributes t0 security and to the sense of security. It certainly discourages armed aggression by proxy, which is ·to say by· internal treason. It betokens the fact that the treaty "means business" in its mutual purpose to prevent aggression. But I reserve to myself, as wlll every Senator, the right to pass independent judgment on the nature and extent of this supplementary legislation.

Just what is our obligation at this point? I take it no one would pretend that the ratification of the pact does not make some sort of alteration in the situation as it exists without the pact. Its articles are not meaningless. But the timing and the nature and extent of implementing legislation, in this or any other year, are, in my opinion, wide _open to the free decision of -all Senators a.-; to w:ii~t __ the~ bE'.~ieve . ~he o~je.~ti_ves · ?-~ tpe

1949 CONGRESSIONAL RECORD-SENATE 8895 pact and the national security require. The Secretary of State's statement is:

The pact does not dictate the conclusion of honest judgment "' • • it does preclude repudiation of the principle or of the obligation of making that honest judgment • * * there is an obligation to help, but the extent, the manner, and the timing is up to the honest judgment of the parties.

I shall feel free to argue with my colleagues on the merits of any such issues when they arise. But I shall never argue that their vote for the pact precludes free and honest judgment and independent in any such subsequent event.

Much the same sort of question arises under article 5. Senators will observe that I am now seeking to survey the moot points that have-arisen. Since .this article says that "an armed attack upon one shall be considered an armed attack upon all," does this automatically commit us to war? It commits us, according to the text to take forthwith, individually and in. concert with the other parties, "such action as we deem necessary, including the use of armed force, to restore and maintain the security of the North Atlantic area." A commitment to take notice and to do something about it is automatic. A commitment to war is not. Indeed, the textual phrase "including the use of armed force" obviously indicates that there are many other alternatives, just as there are in the United Nations Charter.

Everything depends upon the nature of the event. A minor aggression might be stopped by a vigorous warning. An instant appeal to the Security- Council of the United Nations might succeed and suffice. If the Security Council defaults, the so-called pacific sanctions described in the Charter might be applied by the partners under the pact. In other words, what might be called an "aggressive incident," or perhaps a "provoked incident" as some fear, as distinguished from an all-out, clearly deliberate act of conquest, could be met with a multitude and variety of devices far short of war. This is important because these so-called "incidents" have often historically led to war. At such a moment, the pact's potentials should exercise incalculable influence for peace.

But suppose the event is obviously of major and deliberate magnitude and clearly discloses a criminal aggressor deliberately on the march-as Hitler entered Poland or as the Kaiser entered Belgium. Let us say that it is clearly the dread thing which threatens the life and freedom of one of our associated nations, if not ourselves directly. If it is, it threatens the life and freedom of every other associated nation, including our own. If it is, it threatens total war or total surrender, pact or no pact. If it is, our commitment is clear as crystal. It is to take whatever action we deem necessary to maintain the security of the North Atlantic area, which vividly includes the security of the United States. If the only action adequate is war, then it means war. If it does mean war, I venture to assert that, pact or no pact, it would mean war for us anyway in this foreshortened world. If it does mean war, I ventUre to. say that we would be infinitely better off for having instant

and competent Allies. But if it does mean war, only Congress itself, under the specific terms of the pact, can declare it.

But then comes the next question. Who would decide for us what we would deem to be necessary under such bitter circumstances? The Constitution says that only Congress can declare war. The Constitution also makes the President the Commander in Chief of our armed forces .. As such, he can use-and many times has used-the armed forces to defend American life and property and security, without a declaration of war. Since treaties are the supreme law of the land, would it not be his duty, under the extreme circumstances last indicated, to act instantly in defense of that pledge? I think the answer is "Yes." But he has a wide area of discretion, always short of war, in which to act, and he can only act within his-constitutional authority, which is neither increased nor diminished by this pact. Whatever it has been, there it still is. He could, for example, immediately alert our armed defense and summon Congress to its own swift constitutional decision. His immediate action, like his power and his responsibility, would depend upon the nature and circumstances of the event. So long as his action "forthwith" honorably recognized the basic obligation, he certainly wouid not be under compulsion to take any impetuous decision which might handicap ·or damage the sustained strategy ultimately necessary to the pledged objective, namely, the restoration of over-all security for the North Atlantic area.

The committee report answers an even more specific question on this . score. Would he, the President, or the Congress, be obligated to -react to an attack on Paris or Copenhagen in the same precise manner as to an attack on New York? The answer is "No." An armed attack upon our homeland involves an imminent physical need and ari imminent constitutional obligation for instant and maximum physical response which does not, and cannot, by the very nature of the case, exist elsewhere, or under other circumstances. Turn the example around. In the event of an armed attack upon Alaska, would we, or could we, expect France or Denmark to react in the same manner as to an attack upon Paris or Copenhagen? Certainly not; obviously not. It would be impossible·

But that does not dilute the "forthwith" pledge of "all for one and one for all" if an international assassin strikes. The pledge. dependably means that whoever is attacked will have dependable· all.ies who will do their dependable part, by constitutional process, as swiftly as possible to def eat . the aggressors by whatever means each deems necessary.

I hope, Mr. President, that in this phase of the discussion we shall not become so engrossed in procedural hypotheses-although I do not for an instant minimize their importance-that we forget the overriding thesis to which this treaty is addressed. I repeat it again. Our thesis is that this treaty is the surest way to prevent the necessity of having to confront any of these disturbing contingencies because it is the surest way to stop aggression and war before they

start in the North Atlantic area. Every precedent and all logic support this thesis. Let us not make the fatal error of deserting the treaty because of our preoccupation with contingencies which we are far more likely to confront without the treaty than with it. The prevention of the next war is more important even than the winning of it because not even the winner will be able to afford his victory.

This leads me to one more observation in this connection. The prevention of war is humankind's supreme objective. The way must be found. Like the United Nations to which it is subordinate, the North Atlantic Pact strives toward this goal. Yet, until the goal is reached, the pact must reluctantly but realistically face the existence of arms and armaments in the hands of potential foes. Peace will never escape this final hazard until universal disarmament, under absolutely dependable and automatic guaranties against bad faith, has spiked all guns for keeps. This is the supreme Christian aspiration. I proudly remind the Senate that Senate Resolution 239, which was the clear forerunner of this pact, asked not only for the pact, but also, and with equal emphasis, for maximum American efforts "to obtain agr·eements" among United Nations members, "upon universal regulation and reduction of armaments under adequate and dependable guaranty against violation."

The same Senate which asked, in Senate Resolution 239, for collective selfdefense under article 51 of the Charteras envisioned in the pending treaty-also asked, and in the same breath, for universal disarmament. Let that stand, Mr. President, as an incontestable answer to those malignant critics who cry out that the North Atlantic Pact is born of warmongers harboring evil, armed designs upon their fellow men.

I could wish, Mr. President, that if and when this pact is ratified, the President of the United States might address the world upon this score. I could wish that he might remind the world of all six of the objectives of Senate Resolution 239 from which this pact springs; and that he might call the peoples of the earth to a new crusade in behalf of these peace truths in the so-called Vandenberg resolution. I could wish that he might underscore our good-faith dedication, and plead for good-faith recruits.

It is peace which dominates our souls. Peace and righteousness-the only kind of peace that is worth the price we are prepared to pay for it.

I could also wish, sir, that the President of the United States might thus recite Senate Resolution 239 for another reason. The same Senate which thus asked for a "collective arrangement" to implement article 51, pursuant to the terms of the pending treaty, also asked, and in the same breath, for new strengths in the United Nations Charter. Let that stand as the equally incontestable answer to those melancholy critics who insist that the North Atlantic ·Pact is born of a purpose to defile, if not to scuttle, the United Nations.

I am conscious that this anxiety honestly possesses many earnest friends of the United Nations. I prayerfully say

8896 CONGRESSIONAL RECORD-SENATE JULY 6 to them ·that I am certain they are wrong. The pact is written strictly within the framework of the Charter. It implements the Charter pursuant .to the Charter's. own authority and direction. It categorically asserts in article VII that "this treaty does not affect in any way the obligations under the Charter of the parties which are members of the United Nations." It categorically asserts that t.he treaty does not affect "the primary responsibility of the Security Council for the maintenance of international peace and security."

Nor does it. I say again that this pact goes into final active operation . only when the Charter itself is not operating. Tihe pact ceases to operate whenever the security Council has taken the measures necessary to maintain international peace and security. In net result, the pact never.operates if the Security Council always operates. If there is a lapse, the Charter clearly and explicitly tells its member nations to do precisely .what the pact defines. . .

The inherent right of collective defense-those are Charter . words-clearly includes the inherent right of collective preparation. for defense. But there is neither preparation nor ultimate action against anything, Mr. President, unless an armed aggressor rapes the Charter. and then only until the Charter's principles and purposes are redeemed. How can such defense of the Charter possibly , be construed as hostile to the Charter? How can it hurt the Charter to make the Charter work?

We are members of the Charter. If the Charter had not been nullified in vital ways by the Communist group, we would already be doing everything, against armed aggression, which we would do under the regional pact. Our obligation under the pact is nothing new. It exists in the whole spirit of the Charter. How can it be possible that· we undermine the Charter when we keep its· obligation alive-when we keep its spirit alive-by acts of new and effective allegiance.?

No, Mr. President; I venture to say that the United Nations and its principles and purposes have no sturdier, .no more militant friends than those who here join forces to sustain righteous peace through the North Atlantic Treaty as a supplement to the Charter, not a substitute, pending the happier days when we can expand the sufficiency of the United Nations as our total peace reliance in a saner world.

Mr. President, I shall now briefly, but I hope firmly, deal with other interpretative issues that have arisen in the course of the committee's hearings and the public discussion of the pact. These hearings and this discussion have been useful. We dare leave no twilight zones of fuzzy understanding in respect to what we here do-not only for our own sakes, but also lest there be those among our friends abroad who might one day accuse· us of keeping the word of promise to· the ear and breaking it to the hope. Regardless of whether we find ourselves in final agreement, I commend the vigi~ lant and critical scrutiny which the distinguished Senator from Missouri [Mr: DoNNELL J and the distinguished Senator

from Utah [Mr. WATKINS] have focused UPon the pact throughout its consideration. I also commend to all Senators the careful and comprehensive report of the S~nate Fort!ign Relations Committee which speaks with recognized authority and with controlling probity in respect to implications and interpretations.

The question arises whether articles IV and V of the pact cover armed aggression against colonial or dependent or otherwise related areas of the signatories outside the area of the North Atlantic community as geographically defined in article VI. My own understanding is clear and unequivocal. The answer is "No." There can be no other logical answer. The doubts seem to have arisen because article IV, relating solely to consultations, is unlimited in the circumference of these consultations. But there is not a word of obligation in it except to talk things over.

The obligations are spelled out in articles III and V. It is significant, in this connection, that when article IX establishes a council to implement the treaty, it directs the council's attention specifically to articles m and . V. It omits article IV in this connection. This is as it should be: It is by significa-nt design. Our pledge of action under the United Nations Charter is general. That pledge is 4 years old. Nothing we do here can change it. But our pledge of action under the North Atlantic Pact is limited and specific. It applies only to a,.rmed aggression in the area clearly defined in article VI which is the North Atlantic community, set up by metes and_ bounds. . A corollary question asks how non

members of the United Nations, namely. Italy and Portugal, can be included in a,. United Nations arrangement and in collective security under article 51 of the Charter. The first answer is that article 5.1 is not the source of the right of individual and collective self-defense. It does not establish this right; it merely . recognizes its sovereign existence in all states wl;lether ~n or out of the United Nations. The second answer is that the Charter of the United Nations clearly calls for collaboration with nonmember states whenever mutual.interest requires. Indeed, article II, paragraph VI, specifically asserts that "the organization shall insure that states not members of the United Nations act in accordance with these principles so far as may be necessary for the maintenance of internaional peace and security." This doctrine is basic. It came to San Francisco from Dumbarton Oaks . . It is perfectly clear, that this article deals with aggression against any state whether a member of the United Nations or not.

Other provisions of the Charter similarly recognize , the need tp permit no_nmember states to participate to some extent in the United Nations system for maintaining peace and security. If this were not so, I doubt whether Israel would now be an independent nation and now a member of the United Nations. If this were not so, certainly Switzerland would not now be a member of the World Court. The Charter does not prohibit member states from entering into mutual defense treaties with nonmember states. On the

contrary, lt ·contemplates just such arrangements by requiring that they be consistent with the Charter.

Italy and Portugal have sought membership in the United Nations and have been prohibited by veto. Italy is historically indispensable to the individual and -collective self-defense of France. Portugal is obviously indispensable to the defense of the North Atlantic community. Portugal may lack our sense of democracy, but it lacks no devotion to our sense of peace as proven through the years. Both. adhere to the principles and pur-· poses of the United Nations Charter

. through adherence to this pact. Two other questions arise in this con

nection. I respond to both. · First. How can we rearm Italy under

article III of the pact when our peace treaty with Italy puts a sharp- limitation upon .Italy's armaments? The answer is that we have no purpose to rearm Italy in excess of treaty limitations. Through self-help and mutual aid we shat increase the efficiency of this brave, young Italian Republic to resist armed aggression within treaty limitations.

Second. Can other nonmember European states be aH.mitted to the North Atlantic · community hereafter? Under article· X, the answer is "Yes," but only by unanimous -consent of the existing signatories. Who gives this consent for the United States? The Secretary of State has quoted the President, categorically and unequivocally, that he will do so only with the advice and consent of the Senate. The Secretary of ·State has further asserted that this pledge is binding upon the present President's successors. In my opinion any Presidential successor who might do otherwise would be impeached. This is ·fundamental. The character of this pact and the nature and extent of our obligations under it are governed by the character and the nature and the extent of its membership. When we ratify this pact we accept its eXisting membership and none other. When we ratify this pact that is all we shall have ratified. To enlarge the membership is basically to alter the pact. This must require the consent of the Senate just as definitely in the second instance as in the first. The record is clear and unmistakable.

Still another question really answers itself at this point. What happens if one of the existing signatories itself fundamentally changes character within the textual life of the pact? What happens, for example, if one of them succumbs to communism? Are we still bound by these pledges? The answer is that we are not. Any adverse change in basic character would represent a new signatory to all intents and purposes. We are making no commitments to any such new signatories.

But how do we expel them? We do not. Under such circumstance the pact simply ceases to be operative in respect to them. They expel themselves· in reality by erasing their own eligibility un'der the terms of the pact. Cooperation would be impossible from their point of view or from ours. These facts would mutually serve to terminate the actual relationship.

1949 CONGRESSIONAL. RECORD-SENATE 8897 Are we bound to support a member the Security Council as we are seeking

state against internal attack which·seeks new strength for it through regional fato overthrow the government? We are cilities to help it meet its res1onsibility not bound, directly or indirectly, to take for peace and security in the world. sides in civil wars. We are pledged only We are not, by this pact, dedicating against armed aggression by one state ourselves to a priority bloc. We are not against another. If civil war should subdividing our allegiance to the whole include external armed aggression, United Nations, any more than we did at identified by us as such, we would be Rio. We are preparing, through conobligated to take such steps against the genial cooperation, to meet our existing external armed aggression as we would obligations against armed aggressfon, deem necessary to restore· and maintain basic obligations imposed upon us by the the security of the ;North Atlantic area. Charter, in that community where our But this treaty is not a contract for the responsibilities to the Charter are calcuperpetuation of the internal status quo lated to 'be most intimate and most di':' and cannot be used as such any more rect. Surely we thus. serve and strengththan can its parent, the United Nations en the whole institution and every peaceCharter, which under. article II, para- loving state within it. graph VlI, is prohibited from interven- With confident approval I quote· Arning in matters which are essentially bassador Warren Austin, - ou·r former within domestic jurisdiction. honored colleague, who has been and still

Many questions have been asked about is our principal representative in the the general engagements in article II, the United Nations. Said he, in our hear-"further development of peaceful and ings: · friendly international relations" and If the North Atlantic Treaty is operated particularly the quest for the elimina- according to the letter and the spirit of . the tion of conflict in international relations Charter: and the treaty, it can lift the cause and the encouragement of economic col- of peace above_ any level yet attained. laboration. This is simply a restatement · He strongly recommends that we vote of .the general philosophy of . self-help "Yes." · I venture to suggest that·his deand mutual aid which underlies every in- voted -loyalty to the United Nations iJ ternational enterprise upon which we ample reliance in resolving any doubts

. have embarked. It simply reemphasizes that any of us may have in respect to .. the our constant theme that needless eco- impact of this treaty upori the institution nomic conflict is a barrier to progressive to which he gives his lite and · love. stabilities. I should. say it .is particularly . . -One final point, Mr. P,resident.' , It is a : addressed to the 'need f.or larger western · legitimate source of widespread anxiety European unities. that we shall not overstrain our own re-

Under it, do we accept .any tariff com- sources in any of these commitments mitments? We do not. Does it obligate lest we ourselves collapse, pursuant to us in any way, for example, in respect to Soviet prayers, and take the peace hopes the pending ITO, the International of the world down with us. UnquestionTrade Organization? It does not. Does ably we confront fiscal limitations which i~ leave us free to ~qnsult our own e~o- . we dare' not ignore. We must be provinomic necessities as we believe them to dent. Yet, even in the· matter of prube? It does. It is a general expression ' dence, it is the fact of life that "without of economic good will, along - with its vision ·the people perish." other emphasis upon mutually promot- · The surest way-the only largely efing free institutions and conditions 1of fective way-for us to cut our budgets stability and well-being. It is a broad as- in the years to come is to find a dependsertion, like the preamble, of an ideology. able formula for peace. Exactly one-half It is an abstract objective in, keeping of our budget for the next fiscal year is with the spirit of cooperation in the required for national security through North Atlantic community. It is not by defense · and foreign aid. This percent-

. any stretch of the imagination-a manage is continuously geared to the prog-date. ress we can make toward peace. It in-

This leads to yet another frequent evitably and unavoidably reflects the query. By this pact do we tacitly exclude degree of menace we confront. One dare from our concern those nations which not even think what it would be in the we do not include in the community? event of another war. we truly spend We do not. Our engagements to all to save-taxes as well as lives and libermember states in the United Nations re- ties-when we invest in peace. This is main specifically Unimpaired. No jot or not an easy equation to- evaluate in the tittle is subtracted. Specific proofs of midst of these uncertain economic days. this truth abound. For example, the But let realists remember, when they Rio pact remains impregnably intact, strike their balance, that short-sighted and always will. That includes more economy can be as costly and as deadly member states than does this treaty. as rash extravagance under some cirAgain, we are concurrently demonstrat- cum~tances. ing that our direct concern with Greece Now Mr. President, 1 summarize; and and Turkey and with western · Germany and with Korea and with kindred trou- I leave my colleagues to their fateful ble spots is just as acute today as it was judgments. This is my estimate of the before the senate ever thought of its res:.. total situation we here face. olution 239, which started this pact upon When the Senate, by a vote of 64 to 4 its way. The resolution sought, among on June 11, 1948, adopted Senate Resoother ·things, the strengthening of the Iution 239, I believe it proposed the wisest United Nations as a vital whole. Under and the safest peace procedures available its directive we are today seeking these to us and to western civilization. United Nations strength just as vigor- It advised the President of the United ously in the General Assembly and in . States to strive toward strengthening .

the sinews of the United Nations in behalf of the collective peace and· fellow- · ship to which we rededicated our hearts and hopes.- In particular, we advised him to seek regional and coUective arrangements and to associate with them, in behalf of individual and collective self-defense through self-help and mutual aid against armed aggression.

The country well-nigh universally approved the Senate's action at that time. The percentage of dissent on· the outside was apparently as small as it was on the inside. ·

The President has acted upon the Senate's all but. unanimous advice. He has sent us precisely that for which we · asked-and in the tailoring of Which we have had a constant hand. Indeed, I would not know what it was I was asking for on that historic day last June if this pact ·is not it. Furthermore, the need has not lessened with the intervening months, nor have the signs that this increased and fin.al unity in the North Atlantic community will strongly maintain the peace momentum, in this ar.ea, whi'ch has been making such vivid- strides against its obvious adversaries.

I earnestly submit that -this.is no time to let this peace momentum lag ·or lapse . . Let us maintain this sanctuary ·of realis- . tic hope. This is no time 'to let the relatively little risks, if such there be, blind us to the larger risks . which we here ntj.tigate and which can involve the· very · . . · ... , · survival of free society. Let us not get · so close to the trees that we · lose sight · . of the forest. While we must frankly assess the liabilities, lest we dream our-selves and others into delusions, let us just as frankly assess the supreme and potent and, I believe, dominant advan-tages which destiny here invites us to embrace for the sake of our own national security in our own P.recio11s Japd.

This pact is a fraternity of peace. . It involves us in no obligation not already ' · · ~· · ,,.. implicit in our signature to the United Nations Charter. It simply makes the obligation plain and dependable for us and others. It binds potential and in-dispensable allies to us as well as us to them. ·It spells it out. This candor can be as powerful as an atomic bomb. This is its terrific authority for peace. It spells out, beyond any shadow of any doubt, the conclusive warning that 300,-000,000 people, united in competent self-defense, will never allow an armed ag-gressor to divide and conquer them pur-suant to the pattern of the rapes of yes-terday. It spells out the conclusive warning that independent freedom is not an orphan in this western world, and that no armed aggression will have a chance to win.

Thus we crystallize the mo~t practical deterrent and discouragement to war which the wit of man has yet devised.

We have done our best-for peace. But we recognize our frailty. The wit of man alone is not enough. I quote the final sentence from the findings of the Senate Committee on Foreign Relations:

In tendering this unanimous report on the North Atlantic Treaty, we do so in furtherance of our Nation's most precious heritagesha1·ed in common with th,e other signatories-continuing faith in our dependence

8898 CONGRESSIONAL RECORD-SENATE JULY 6 upon Alm!ghty God and Hrs guidance in the afi'airs of men and nations.

[Applause, Senators rising.] Mr. LUCAS. Mr. President, I should

like to ask the distinguished Senator from Michigan one or two questions, if I may.

The PRESIDING OFFICER <Mr. WITHERS :n the chair). Does the Senator from Michigan yield to the Senator from Illinois?

Mr. VANDENBERG. Certainly. Mr. LUCAS. First, I wish to compli

ment the able Senator from Michigan upon the magnificent address he just delivered on the question pending before the Senate, and while I am wholeheartedly with him, I wish to develop one or two thoughts.

The Senator said that in his opinion the pact is the greatest discouragement of wa:r which has ever yet been devised by man. I think that is the sum and substance of what the Senator said.

Mr. VANDENBERG. It is the opinion of the Senator from Michigan, at any rate.

Mr. LUCAS. I wish to reverse that, in a way, and ask the able Senator what his opinion is as to what would happen in the event the Senate refused to ratify the pact.

Mr. VANDENBERG. Mr. President, I should like to be as frank. in answering that question as I have been in answering some of the other questions which have been raised heretofore, but I hesitate to do so, because I do not know what would happen if this pact were not ratified, but I believe failµre of ratification would end the momentum of peace in a cold war in which we are now winning.

Mr. LUCAS. That is a very frank and candid answer, and I appreciate what the Senator says. My only reason for asking the question is what the Senator has said. namely, that fn his opinion the ratification of the pact by the United States Senate would be the greatest discouragement to war. It naturally follows, in my opinion, that in the event the Senate should fail to ratify the treaty, the effect would be just the opposite, it would be an open invitation to an aggressor to ··o · to war: -

Mr. VANDENBERG. Mr. President, my only reason for hesitating to answer the Senator is that I very much pref er to rest my case on affirmative exhibits· rather than upon negative exhibits.

Mr. THOMAS of utah obtained the floor.

Mr. WHERRY. Mr. President, will the Senator yield for a question?

Mr. THOMAS of Utah. Certainly. Mr. WHERRY. On second thought, I

will not ask the question. I feel that the Senator from Utah should proceed.

Mr. THOMAS of utah. Mr. President, I sense the fact that the minority leader realizes the intense embarrassment which the Senator from Utah faces in attempting to speak on the pending question afte~ the two outstanding addresses which have been made in adv0cacy of and in defense of the North Atlantic Pact. It is with. the most intense humility ·that I take the floor at

this time because I honor all that has been said and I respect every word that has been uttered by the two previous speakers in defense of the pact.

It is because I believe so sincerely in the bigness and the greatness, in comparison with what has happened in the past, of what is represented by this treaty that I felt it would not be out of place to associate myself with, in the humble way in which I shall do so, and to fallow the two very great expositions of this subject to which the Senate has listened, and which will equal the famous addresses delivered long ago in this very Chamber which, as school boys, we read and admired. The two addresses were delivered for a cause which is probably greater than any cause anyone has ever been asked to defend before in the history of this country.

I would not in any sense belittle anytli.ing that has been said. When I reflect upon the closing paragraph taken from the committee's outstanding report, I sense the responsibility of anyone who speaks upon this subject at this time.

Mr. President, no matter how great these speeches have been, no matter how vividly they show the condition of the world, no matter how plainly they have pointed out the position in which the United States finds itself, unless we do something to, implement those two speeches they will stand as naught. It is because of that fact that I wish to speak about two· attitudes, and two very unheard of and remarkable things which have taken place in the culmination of this North Atlantic Pact.

First of all, I wish to refer to the constitutional development of the United States, which, to me, is by all odds the most important subject we can ever discuss. Secondly, I desire to discuss the development of international law, which to the whole world is the most important subject anyone can discuss if we are ever to have a substitute for war, and get away from the old ideas which have controlled men in their thinking and in their actions during the past centuries.

Mr. President, the Constitution of the United States has been the subject of much discussion, but despite great words used by Chief Justice Marshall that the Constitution was to endure for the ages, or despite the words of just as great a man that the Constitution of the United States. is what the lawyers say it is, I do not agree, for I do not think the Constitution of the United States can be defined or ever will be defined. That is because it is in reality nothing more than a guide and a companion of the American people in accomplishing their social and political ends. Therefore, it will ever remain without definition.

Mr. President, the democracy which the Constitution of the United States sustains and supports is merely a system of government resting upon the intangible thing, which in and of itself cannot be explained, mentioned by the Senator from Michigan, the power to live and let live. When it comes to international law it has no sanction at all excepting the sanction which rests in the conscience of the people of the world. So the Consti-

tution and the treaty aim at the same end.

We have accomplished a remarkable constitutional development in the reporting of the Atlantic Pact, and I wish to point out how remarkable it is. For more than 100 years the tendency of our Government was to get away from what I consider the meaning of the words "advice and consent" as used in the Constitution. We have gotten to the place where, in our pronouncement in the Senate when we ratify a treaty, following probably the British custom, we think of advice and consent as a single action, not as separated. There was a time in the history of the United States and in our foreign relations when certain leaders took the stand that the Senate and the Congress had nothing to do with advice in foreign relations, that it was not a part of our business, and that negotiation remained with the Executive. The suggestion was that it was for him to determine when to act; it was for him to find out why action should be taken, and it was for him to find out how to proceed. In adopting such a theory we failed, both constitutionally and in our international relations, to accomplish and carry out the aims and the thoughts in the mind and heart of the American people.

So, Mr. President, by this simple little statement I want to point out that every time the Congress of the United States has taken the lead in laying out the policy in connection with the things which have been mentioned here today, we have done well, but when the Congress of the United States has not taken the lead we have not done so well. That is my argument in justification for renewing our adherence to the principle of advice and consent, which is so completely stated in the committee report, and which is related so clearly and so fully by the Se!lator from Michigan fn his remarks, that probably never again will any attempt be made to make simply one idea of the two words.

Mr. President, George Washington was a great general, and had been used to command. Therefore when he met with the Senate of the United States he found himself to be out of patience with its Members, because they asked him questions. The fact that General Washington lost patience with the Senate was no reason why our policy should be changed. It furnished no reason why the decision should be reached that only the Executive has to do with our foreign relations. Washington's way did not last very long.

We have today heard it announced that the Monroe Doctrine is probably the greatest international pronouncement ever made by our country, and that probably no other pronouncement has brought about more good. I grant that. But, Mr. President, the Monroe Doctrine was not something stricken off all at once by President Monroe. It was not something with which only he had to do. Other people had a part in bringing it about. Almost all the people of the world were speaking of the principles involved in that doctrine. When President Monroe made his pronouncement he followed a resolution adopted by the Congress of the United States.

1949 CONGRESSIONAL RECORD-SENATE 8899 The words of that resolution were not uttered just before President Monroe issued his pronouncement, but were uttered when there existed a similar situation, when warnings to the nations of the world went out in exactly the same way as did the warning uttered by President Monroe. Incidentally, the first warning had exactly the same effect as the second.

The Senator from Michigan spoke of the candor underlying our various regional understandings, and the candor with which we speak to the world. Such candor was used by the Congress of the United States in its expression long before President Monroe proclaimed his doctrine. The resolution to which I refer was passed by Congress on January 15, 1811, to carry out the recommendatltm of President Madison made in a secret message to Congress on January 3, 1911. President Madison's message dealt with the Floridas, and the congressional resolution-

Taking into view the peculiar situation 1n Spain, and of her American provinces, and the infiuence which the destiny of the territory adjoining the southern borders of the United States may have upon their security-

Meaning the security of the United States-tranquillity and commerce:

Resolved, That the United States could not-

And here, Mr. President, is the warning, and does it not sound like the Monroe Doctrine?-without serious inquietude, see any part of the said territory pass into the hands of any foreign country.

Mr. President, that is the heart and the soul of the Monroe Doctrine. It was a warning uttered by the Congress of the United States. Monroe followed the philosophy of the Congress of the United States in his action. We all know the results.

Was Congress itself talking? Did Congress have any ideas about these things? I wish to quote briefly from a speech delivered by a great Member of Congress 3 years before Monroe made his pronouncement.

In advocating the recognition of the independence of the revolted Spanish colonies, Henry Clay made the fallowing statement in the House of Representatives on May 10, 1820:

We should become the center of a system which would constitute the rallying point of human wisdom against all the despotism of the Old World.

What are we doing now, Mr. President? What did the Senator from Texas say yesterday we were doing?

- What did the Senator from Michigan say today we were doing? Are we not thinking of an ideology today quite as much as we are thinking of a national entity? Are we not trying to conserve and keep our American constitutional way of life, as we call it, our type of thinking, .Quite as much as we are trying to preserve our own borders and our own skins?

Mr. President, I believe the prayerand it is a prayer-offered in the report of the committee, which was used as the

XCV-561

closing words in the speech delivered by the Senator from Michigan, shows that we are thinking of two things, and that we have always been thinking of two things: The preservation of our liberty and the preservation of our lives. They are two quite different things, but are closely related.

I do not have to repeat the wording of the Monroe Doctrine, after what I have said respecting the statement of Congress after President Madison had reported to Congress the situation then existing, and the threat that was facing the Nation. We leave the wording of the Monroe Doctrine as it is. I do, however, want to point out a number of things respecting the advice ·and consent idea. First of all I wish to call attention to the fact that during World War n there was appointed by the chairman of the Senate Committee on Foreign Relations, the Senator from Texas [Mr. CONNALLY], a subcommittee, which met. in the State Department. Another subcommittee was appointed to handle any sort of legislation which might be proposed. During a meeting of the second subcommittee a suggestion was made that it was time to start thinking about the peace after the war, and the organization of the world after the war. A motion was made that we start thinking on that subject and making preparations. Answer was made by one Senator which well illustrates the point I am trying to make. His answer was, "We are not ready to move into this field because Secretary Hull has not yet said anything about it." We took a vote on the motion. Eight Senators were present. Seven voted to do nothing. Only one voted to go ahead. Time went on. The "2H-2B" resolution was submitted. Before that some of us had urged that the time to hold allies together was when they were in war; that the time to form a world organization was while we were thinking about attaining the peace; that time was very, very precious, and so we should try to take affirmative action. So again the Congress . of the United States spake. That which brought forth Dumbarton Oaks, and that which brought forth the United Nations, was the same sort of a resolution, the Connally resolution, which told us what we should do in war, and how we should proceed to seek peace. Congress again was advising-not directly, as now, but nevertheless advising the President of the United States.

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

Mr. THOMAS of utah. I yield. Mr. CONNALLY. Let me ask the

Senator if it is not true that when the Committee on Foreign Relations was consulting with the Secretary of State, and through him with the ·President, before Dumbarton Oaks, and before the San Francisco meeting, the Senator from Texas, being at the time chairman of the committee. insisted on appointing four Democrats and four Republicans, with equal voting power and equal influence in the subcommittee, with a view to presenting a solid American front, and not dealing with partisanship or anything of that kind.

Mr. THOMAS of utah. That is true. That is just the point I wish to make. We obtained solidarity in committee. It remained. It is with. us today. We ·have a unanimous report from the committee today, as we have had unanimous reports in the past.

Mr. President, I need not repeat that the philosophy of the resolution, which preceded the North Atlantic Pact was made a part of the North Atlantic Pact. Always the responsibility of that resolution will rest upon Congress. But the point I am making With respect to advice and consent is this: The President of the United States accepted that reso-· lution so wholeheartedly, as the Senator from Michigan has said, that never again will we return to the strained and simple theory that "advice and consent" means only one thing. It means two things. Advice is something which is in order at all time, as Congress is the policy-

-making body of our country. Now, Mr. President, I wish to turn to

the other phase, what we have tried to do in regard to bringing about world organization. I mean world organization literally. It was the dream of the fathers. It is the dream of all of us, and always will be a dream so long as America lives, because America was found to bring many States together for the purpose of preserving peace. We want substitutes for war.

I should like to point out that in international law we have not yet been able to attain the concept, in law, of the community of nations to such an extent that the community can lay down a law and have it respected. We have come close to it at various times. We have come close to it now; but never in the history of international law and international agreement have we come so close to establishing a community of states as we have in the plan of the North Atlantic Pact. If we succeed we shall have attained, in law, for a part of the world, that which is the dream of the whole world. When I say that, I am not forgetting the history of international law. Never has a scheme under international law been of universal application until recently. Never was it conceived that all the nations of the world had a right to embrace the idea of a sisterhood of 1nations, which we and Europe worked out after the peace of Westphalia and after the end of the Holy Roman Empire and the beginning of the theory of sovereign states. We followed that theory, and maintained it in the United Nations Charter. No one is attempting to do away with the independent sovereignty of the various nations. No one has attempted to strike down the right of the individual states to act.

As was stated by the Senator from Michigan a few minutes ago, when we are called upon to act under the Atlantic Pact, we act in accordance with custom. We are bound morally. Other nations respect us. They know that we will act. We ourselves know that we will act. However, the manner, the "how," is left to us.

It has taken a long time, and required a long struggle to reach the place where we stand today. It has been a struggle

8900 CONGRES.SIONAt RECORn-SENATE JULY 6 the like of which the world will never have again. There have always been pcckets in the world. There has always been an east and a west. There has al. ways been something closely akin to the ancient China, behind a great wall. The wall of China was not only a physical fact. It was a foreign pclicy. Before the wall was built they had already gone through the attempt to unite 55 or 56 states into a league. It failed. If we read about its failure, we may think we are listening to Clemenceau, Poincare, or some of the other statesmen of Europe during the time of Versailles. because

. they were going through exactly the same ·experiences at that time.

So the independent sovereign state is with us. The United Nations is a group of States. each independent. each carrying on in its own way, and each doing what it should do in theory and in fact. so far as our world is concerned.

An attempt was made at San Francisco to create a law of the community, to bring about a condition under which law would govern the states of the world. But that attempt was not fulfilled. The veto was introduced. Whenever we have a veto power on the part of any single state. we do not have a law controlling all the states. Because of the veto, the theory of a community of states simply went out the window. and we retained the concept of free and independent states.

On a regional basis, perhaps we can create a community of states. I do not say that we are to have a United States of Europe, or a United States of the North Atlantic. I am not dreaming in that respect. I am not thinking of absolutes, but I am thinking of history. In thinking of history, I realize that when once men accepted the concept which is written into the North Atlantic Pact. it resulted in the greatest nation the world ever knew. After the attack upon M.assachusetts. Thomas Jefferson laid down the theory that an attack on one was an attack on all, and brought about American unity. The struggle for that theory duripg the history of the United States is one of the most interesting struggles, especially in the developmeµt of our rel.a_tions with Latin America. It. culminated in the Rio Pact, where that concept was written into the law.

Incidentally, in 1940 the Congress of the United States passed a resolution interpreting what had been done in international relations. In that resolution occurs an expression similar to that contained in the North Atlantic Pactnot that an attack on one is an attack on all, but that ar. attack on any signatory to an agreement is an attack on all the signatories to the agreement. The principle is. the same.

Inscribed on the walls of the Thomas Jefferson Memorial are two remarkable statements by Jefferson. One was made in 1775; the other was made in 1823. One of them relates to the bringing together of the States into a union that could fight as a union. The other relates to the attempt to unite the Western Hemisphere in the unity which came as a result _o~ the Monroe DoGtrine. In one, Thomas Jefferson says that an attack on one is an attack on all. In the second

he says, "Let us make this a hemisphere of freedom"-the two ideals I have pointed out, one ideological and the other-political, physical, or whatever we may wish to call it .

Mr. President, the idea is in the world. It remains for us to see that it works properly. At-the present time it is just a regional idea; it is not universal. Probably it will never become universal. The need in the world for regional development of course is beyond question. The need for universal development is yet to be seen; we have not yet developed to that extent.

There are one or two things which I wish to point out in regard to the growth and development of this regional idea. It is important in the light of what has been termed the "cold war." It is important in connection with what we ourselves have thought about regional development.

Where do we get the notion of regional understanding? We get it from Woodrow Wilson, who wrote the idea into the covenant of the League of Nations, after coming back ·to the United States and consulting with the leaders in the Senate Foreign Relations Committee. Again we have advice and consent working correctly. It did not create a new international law, because that part of the Covenant of the League of Nations could not be taken as law, for it was not binding. But it created a definition which was sufiicient to enable us to do two very important things at the present time. It was enough to justify us-if we needed justification for it-in subscribing to the regional idea. However, of course, we do not need justification for it, because we have it in the Rio Pact. Furthermore, it was sufficient to assure the world that so far as the world is concerned-the world which accept-ed the Covenant of the League of Nations-the members who did accept it

. understood the regional idea. Let me point out the importance of

this matter at the present time. Russia came ·into the League;· Russia acceptE!d

. the responsibility of League membership. Russia became one of the greatest advocates of the theories of the League in regard to peace. Russia, who today in her propaganda, at least, is condemning this regional understanding as being warmongering and being out of harmony with the law of the \V"orld, the international law, herself be.came a party to the idea· of regionalism when she accepted

· the Covenant. of the ·League of Nations and Woodrow Wilson's definition of the Monroe Doctrine as a regional understanding.

Mr. President, that is a very big idea. It is a great idea today, and it is one which we ought to make the most of, and . one which we can . malrn the most of. Regional understandings do not have their origin with the United Nations, but are based upon a doctrine which the whole world has learned to respect. Britain had respect for it. France, Spain, and Germany respected it; and it-the Monroe Doctrine-was known as a regional understanding. Russia respected it at . one time, as the Sena,,t.or

. from Texas told us Yesterday. All of µs know how close to Cailifornia the Russian

sphere of influence once. extended, but Russia had respect for the Monroe Doctrine.

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

Mr. THOMAS of Utah. I am glad to yield.

Mr. CONNALLY. The Monroe Doctrine was respected by Great Britain even as late as the 1890's, in the Cleveland administration; and we stopped the German fleet right at the coast of Venezuela when it was attempted to be used to overawe the Venezuelans at that time. Furthermore, despite all the ambitions

. of France and Maximilian in regard to Mexico. when the United States finally spoke in 1867 and told France plainly that we woUld not tolerate the continued presence of Maximilian or French troops in Mexico, the French troops were withdrawn. Again I remind the Senate that not a gun was fired, not a sword was drawn. not a bomb was dropped in enfo'rcing the Monroe Doctrine a.t that time. But the mere declaration of it by the United States and our determination to maintain it carried such prestige and force that it was universally respected.

Mr. THOMAS of Utah. Mr. President, I thank the Senator from Texas for his contribution. He has said exactly what I have been trying to say, namely, that once we get an understanding in the world, it does command respect, and other nations accept. it.

The Senator from Texas has reminded me of another great illustration of how the nations accepted the idea. The Monroe Doctrine theory was so completely accepted that Mr. Ishii, in talking to Mr. Lansing during the First World War, suggested that propinquity gives special privilege, as the Monroe Doctrine does; and we fell for it; and the Lansing-Ishii

· agreement was the result. That agreement was brought about in a peaceful way, but was renounced by us later on, and properly so, because it was not en-

- tered into in the way in which it should have been. But anyone, whether he be Russian or of any other nationality, who tries to tell the world today that the North Atlantic Pact, ·because it is a re-

- gional understanding, is an alliance of one part of the world ag.ainst the. rest · of the world is forgetting how these various understandings or regional arrangements have worked in the past.

Mr. President, I repeat that we have not created at all what the world is aiming at, namely, a community of nations ·which can reflect the law of all the nations, just as a community refiects the law for the individual. ]3ut regardless of

- what anyone may say, we are tending toward that end. The growth has . been a natural one, beginning with the first idea that an attack upon one is an attack upon all .. Although an independent state in the supreme ideal, nevertheless anyone who suggests any kind of world organization does so somewhat on the basis of federalism of some kind. So the notion of community responsibility is growing, and if, with this community

_ of 12 nations, with this geographical community of the North Atlantic area,

_ we can create a community of peace in which law· will be supreme over the individual actions of the states, we shall have

•

1949 CONGRESSIONAL RECORD-SENATE 8901 done much, we shall ·have gone forward very far.

Mr. President, there is one great address the world has pretty nearly forgotten, an address which resUlted in what we now call our Good Neighbor Policy, which Qf course is the notion underlying the Pact of Rio and all the other international agreements which have gr.own o'...lt of the Monroe Doctrine. I cannot understand why that speech has been forgotten. A publication giving the history of the Monroe Doctrine, issued by our own State Department, omits this great speech. Why, I do not know. But in 1913, just as we were getting ready for the completion of the Panama Canal, President Wilson went to Mobile, where he pointed out what the Canal meant to our relations with Latin America. He did so in several ways. First, he talked about the Canal and what it did to the avenues of trade, which had always followed the parallels, and not gone north and south, and he showed that at last Latin . American countries through the. Panama Canal could be put into the east-and-west trade, whether they were on the eastern side of the continent or on the western side. It was Wilson who pointed out that although by the Canal we cut the continent in two, we united the nations of both continents.

President Wilson talked about PanAmericanism. We had not in out vocabulary come to the place of talking

· about the Americas as we do now. I wish the Senator from North Carolina [Mr. -GRAHAM l were here. He and I served on a commission to make. a survey of a great university, to see whether it might not become a Pan-American university, as it was to be called. In making our report, in keeping with the growth and development of the ideas which Wilson advanced in 1913, we ,called it the University for the Americas. We are now thinking in terms of the Americas, from a defense standpoint, . from a cultural standpoint, from the standpoint

. of government and interest, and of all the other things that enter into it.

At the end of his address, President Wilson brought in all that we need today in thinking about the North Atlantic Pact. There was a political aspect, to be sure; there was a · geographical stand-

. point; there was a commercial standpoint; all those things were mentioned,

· as any great President would mention them;· but President Wilson ended, as the Senator from Michigan ended, with a spiritual plea.

Regardless of anything we may do or say about the North Atlantic Pact, if we study the history of the United States and the development of the idea that an attack upon one is an attack upon all, which has made us a Nation, -we shall never. find it possible to get away from the spiritual ideal and ·away from the ideological position in which we find ourselves in the world.- We are in a position of leadership in regard to economics that no -one in the United States half a generation ago would have conceived to be possible. Which one of the founding fathers, in all his . dreams, felt that the time would ever come when the whole world would ·be dependent upon the United States? -

Is the world dependent upon the United States today? · I ask you, Mr. President, is it? . The other day on the tloor of the Senate, I said that if there was anyone in the world who wanted to bring about the downfall of the United States, such a man was committing treason in his mind not only against the United States but against the whole world. There is not a nook or corner of the earth that is not at the present time dependent for its welfare upon tl:).e leadership of the United States commercially, from a monetary standpoint, and from practically all other standpoints. Where is anyone to turn for monetary stability, which is so essential to the life

. of all the world, if not to the United States? We all knew that it was coming, and it has now come. Some of us tried to explain to the people that this condition was coming. What happened? Few people understand money, and that explains what happened.

One little story will illustrate the point. Switzerland became fearful of American dollars. She was going to have too many of them. She was simply scared to death about American dollars. But we practically leased Switzerland as a place of rest for our soldier boys. We let them go there, both officers and men. But, be·cause of'the fear of the American dollar, we respected the wishes of Switzerland and we allowed our soldier boys $20 a ·week while in Switzerland, which is all they ]1.ad. Let us learn the lesson of money. Our soldier boys were not satisfied with $20 a week. They saw the pretty little wrist watches, the cuckoo clocks, and other things. A boy from Podunk or· some other town would go into a Swiss store and say, "I have three sisters, a sweetheart, a mother, and a father. I want a wrist watch for all the girls and for my mother, and I want a cuckoo clock for dad. How am I going to get them?" The reply was, "Who are you?" He said, "I am the son of a green

· grocer at some place in Iowa." I am looking at the Senator from Iowa [Mr . HICKENLOOPERl. The merchant said, "We will charge it." · That is what was done. Switzerland did not avoid the dollars. The boys are paying, boys who otherwise would not have paid. They came ·home with these things. Was Switzerland hurt? No. But the world will not" learn the lesson of money from that story. ·

What if we had paid all that we lent to China in American silver certificates, let us say, or some kind of specie marked as a dollar? ·There would have been in China today a nucleus for the recovery which has always come throughout her entire history, because China invented a system of money that simply cannot be destroyed.by fire, pestilence, or anything else. What did they do? They put their profits into little silver balls and then shoved the balls into the plaster of the house or hid·them in the adobes. When fire came and destroyed everything, they looked through the · ashes, and found their capital with which to start again. That is why economically it has never been possible for China to be broken. That is how she discovered the worth of private property. That is why she invented paper money, ·and did the other

things she did. China understood that the basis of money at all times was trust. In some way or other, those boys in Switzerland understood it. In some way or other the Swiss merchant understood it. But nobody in the Treasury Department could be convinced, nobody in any other treasury. They have to consult the books to see what they say about money, before they can pass judgment.

I have been talking about getting back to the Constitution of the United States and to the principle of advice and consent. We do not have three forms of government in the United States; we have only one. Sometimes the President speaks for the country; sometimes the courts speak; sometimes the Congress speaks. But whenever in the history of our country it has been said, as Mr. Hughes said,. ''The Constitution is what the lawyers say it is," we have slipped back. Whenever it has been said that advice and consent represent simply one process, to be indulged in only when we vote on a treaty, we slip back . Whenever the Congress of the United States has decided that it is not in partnership with the other two branches of the Government, we have slipped back. That is the lesson we get from American history. That is why I am stressing this simple lesson here today.

But let me go back to Mr. Wilson's words. These are the words of his Mobile address. No one ever understood better what the Panama Canal had done for the world than did Mr. Wilson when he visualized it on that day. He said:

I know what the response of the thought and heart of Ameri~a will be to the program I have outlined because America was created to realize a program like that-

A program ofleadership in the Western Hemisphere which ultimately may be a program of leadership of the world, so far as ideas and ideals are concerneq.

Going back, for a moment, to Jefferson, he wrote, when the Monroe Doctrine was promulgated, anci when it looked as if England were· going to stand by us against the Triple Alliance:

These two great nations holding cordially together have nothing to fear fi;om the united world. They will be the models for regenerating the condition of man-the sources from which representative ·government is to flow over the whole earth .

We have been talking of the development of a· community of law. He saw it and understood it.

I continue reading from the late President Wilson's remarks:

· This is not America because it is rich. This is not America because it has set up for a great population great opportunities of material prosperity. America. is a name which sounds in the ears of men everywhere as a synonym with individual opportunity because a synonym of individual liberty. I would rather belong to a poor nation that was free than to a rich nation that ha<l ceased to be in love with liberty. But we shall not be poor if we love liberty, because the nation that loves liberty truly sets every man free to do his best and be his best, and that means the release of all the splendid energies of a - great people who think for themselves. A nation of employees cannot be free any more than a nation of employers can be.

I wonder if Mr. Wilson anticipated a dictatorship of the proletariat. I wonder

8902 CONGRESSIONAL RECORD-SENATE JULY 6 if he anticipated the force of free men against the force of a great nation controlled by a single will. I think he did, because no one has explained any better than did Wilson the difference between a democracy and a country controlled by a socialistic idea, as it was then called. The difference, of course, was the individual. He said that the energies of a great people are based upon the activities of the individual person doing his very best in his own individual way. So we have the answer to those persons in our community who think that communism is a good political idea, as well as a good social idea.

Mr. Wilson said, further: In emphasizing the points which must

unite us in sympathy and in spiritual int..,rest with ~the Latin American peoples we are only emphasizing the points of our own life, and we should prove ourselves untrue to our own traditions if we proved ourselves untrue friends to them. Do not think, therefore, gentlemen, that the questions of the day are mere questions of policy and · diplomacy. They are shot through with the principles of life. We dare not turn from the principle that morality and not expediency is the thing that must guide us and that we wm never condone iniquity because it is most convenient to do so. It seems to me that this 1s a. day of infinite hope, of confidence in a future greater than the past has been, for I am fain to believe that in spite of all the things that we wish to correct the nineteenth century that now lies behind us has brought us a long stage toward the time when, slowly ascending the tedious climb that leads to the final uplands, we shall get our ultimate view of the duties of mankind. We have breasted a. considerable part of that climb and shall presently-it may be a generation or two-come out upon those great heights where there shines unobstructed the light of the justice of God.

Mr. President, I do not know of any report coming from a committee, representing the committee's ideas, which has ended as the report on the pending •treaty ended. It was the theme of the closing remarks of the Senator from Michigan. It will be the theme of every Senator who speaks with reference to the treaty, because the hopes expressed are not material hopes. We are not forced into the treaty on a defensive basis. If we are, it will fail, because it might be used in a way in which it should not be used. But if we have faith in what our country means, if we have knowledge of the meaning of the theory that an attack on one is an attack on all, if we believe we can make this hemisphere not only one of freedom, but one which will contribute to freeing the whole world, and if we believe that ultimately the community of states can be brought together and we can write law for the government of the individual states, then we may see the philosophy of what has been done in reporting the North Atlantic Treaty.

Mr. President, I ask unanimous consent that the remarks which I prepared for this occasion be printed in the RECORD as a part of my address.

There being no objection, the remarks were ordered to be printed in the REC

ORD, as follows: THE NORTH ATLANTIC TREATY

Mr. President, one of the most important treaties to be brought before the Senate for

their advice and consent is the North Atlantic Treaty or, as it is commonly called, the Atlantic Pact. After careful consideration and rather extensive conversations, this treaty was signed by representatives of 12 nattons at a public ceremony in Washington, D. C., on April 4 of this year. Extensive hearings have been held by the Senate Foreign Relations Committee and it is now up to this body to determine whether the North Atlantic area shall be free from the onslaughts of future aggressors or shall be subjected again to the ravages of war.

The nations that have already affixed their signatures to this treaty are nations with which we have had a long history of peaceful relations and to which we are bound by a common heritage founded on the principles of democracy, individual liberty, and the rule of law. The civilization and the past history of these peoples are such that it does not strike me as being unusual that they should desire to take collective measures to guarantee the continuance of their way of life.

Since the text of this treaty was released to the public on March 18, we have heard many things concerning it. We have heard it praised and we have heard it condemned. It means many things to many people. But if by the ratification of this treaty we can make it into an effective instrument in the North Atlantic area it can almost mean all things to all ·people.

Perhaps one of the most common questions that arise in connection with the Atlantic Pact is the reason for the need of such a pact. I am sure that we are all fully acquainted with the tactics employed by the Soviet Union since the end of World War II. As Secretary of State Acheson has already stated, "The (United Nations) system is not working as effectively as we hoped because one of its members has attempted to prevent it from working. By obstructive tactics and the misuse of the veto, the Soviet Union has seriously interfered with the work of the Security Council in maintaining international peace and security." Surely the peace and the well-being of a large portion of the world should not be made to depend on the vagaries of a single nation.

There are those who claim that the Atlantic Pact is an instrument of aggression aimed at the Soviet Union. Such a notion is soon dispelled by a reading of article 1 which reads as follows: "The parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security, and justice, are not endangered, and to refrain in their international relations from the threat or use of force in any inanner inconsistent with the purposes of the United Nations." Again quoting the Secretary of State, Mr. Acheson, in his broadcast on March 18, made the following remarks: "This country is not planning to make war against anyone. It is not seeking war. It abhors war. It does not hold war to be inevitable. Its policies are devised with the specific aim of bridging, by peaceful means, the tremendous differences which beset international society at the present time."

There are also those who claim that there is no justification for such a pact while the United Nations is f1.mctioning. They point to it as ~n attempt to bypass the United Nations and usurp its authority in an independent treaty. The regional nature of the pact might imply a divided world, but continuous reference to the United Nations leaves the pact in a universal realm based upon the concept of one world. Prov.isions for regional arrangements are clearly set forth in articles 52, 53, and 54, chapter VIII

· of the United Nations Charter. Article 52 . reads in part .that "Nothing in the present -Charter precludes the existence of regional arrangements or agencies for dealing with

such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with 'the purposes and principles of the United Nations." In fact, paragraph 3 of this article states "The Security Council shall enco.urage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council."

No matter what the world is politically, even if nations divide up into economic blocs, the world still remains one economically. The ideal in accordance with American theory if not practice-a theory based upon the notion of American dollar democracyleaves the .ideal of the one world, economi. cally speaking, the primary purpose of the pact. It recognizes, first, the vast community of interest among whom an aggressor shall not arise. The secondary aspects of the pact represent the theory that there may be aggression from without this community of interest and that the aggressor can be stopped and even put down if there is unity backed by force of the nations of the same community of interest.

The basic idea of force is one of the big problems in the development of international law and the substitution of law and good faith for war. Just as force is the key to keeping the wrongdoer from attacking his neighbor in our domestic affairs, so wm force, in the final analysis, keep the wrongdoer among nations from overrunning his neighbors. In civilized society every member must live and act within the rules of that society. This is also true in international affairs. Whenever a community of nations is set up by an agreement, such as the Atlantic Pact, the will of that community is expressed by the rules they adopt. In a sense then, if the North Atlantic Treaty is ratified, 12 nations will have created a community and the provisions of the treaty will establish their rules of conduct. . In case any nation or group of nations, from within or without, adopts aggressive tactics and attacks one of the members of this community, all the other members will unite to put the aggressor down. In this way, a wrong against one becomes a wrong against all. For purposes of defense and security the members of this community unite to throw the preponderance of their collective force against the wrongdoer.

The pact accepts the theory that government, in its final analysis, rests upon force. The force need not be expressed and the theory of the pact is that it wm never be expressed. In our own constitutional development, we in America have learned that while all of our institutions are backed in theory by force, force is seldom called upon in our contests between our States or between a State and the rest of the Nation.

· Thus the peaceful process is substituted for force which has been proved a possibUity in the federal experience of the United States. '!'he hope for the pact is that that possibility wlll be proved in an international sphere. All that has been done is consistent with what has gone before because the theory of force cannot be removed from government without destroying government. Since the theory of force, therefore, cannot be removed from international control without destroying that control it is in the nonexercise of this theory that the world's hope, the real desire of nations, will be fulfilled.

Why were the early American States so interested in each one having military rights and privileges? Was it entirely against foreign aggressors they were thinking? No, even we of the United States were suspicious of one another and we did fight a war between States. But such a recurrepce, possible stm in theory, seems utterly absurd in fttct. Why? Because we have learned how to live in such a

1949 CONGRESSIONAL RECORD-SENATE 8903 way that the preponderant will · or the preponderant force of the United States is turned against an erring individual State. The will of a Supreme Court decision is not questioned. Neither do we resort to arms for its enforcement. ·

. If nations learn to act this way in the conduct of their international affairs, they can create a community of nations as large as the number who agree to accept the obligations and responsibilities of the pact. Since it was publicly announced, there have been a number of suggestioi;is that the pact be extended to include the Mediterranean and the Pacific areas or that similar pacts be arranged for these areas. It may be that if this treaty is ratified and it is successful in _accomplishing the purposes for which it was brought into being, we can look forward to having its principles adopted throughout the rest of the world. The pact invites a continuous adhesion of other states and therefore the community of interest can become world-wide.

From the .standpoint of history, we have a good illustration of how the basic principles of the pact operate in the experiences of t~e original Thirteen Colonies. When the Colonies began having trouble with England, our founding fathers realized that unity of the Thirteen Colonies in withstanding what they considered aggressive action against them was the only successful way with which such force could be. met. When the people of Massachusetts were attacked, Jefferson wrote th.at an attack on one colony should. be considered an attack on all. By that he meant that if England declared war on Massachusetts, his own State of Virginia should unite with the other in repelling the aggressor. That was collective defense, no more, no less. It was effective, too. We discovered our unity and decided that it was good for us in peace as well as in war.

In 1811, President Ma~ison recommended that Congress give notice to the world that activities close' to our borc!ers would be considered as a probable threat to our security. Later President Monroe made the unilateral pronouncement in 1823, which we noVf call the Monroe Doctrine, that American welfare, and we might add American peace and sec-qrity, w~s dependent upon the peace and security of our neighbors. And Jefferson again as he did so often, put the ideas in proper words, that all America seemed to understand, when he said, "Let us make this hemisphere one of liberty and freedom." Here we developed a community of interest-an interest which the rest of the world began to respect.

Growing out of the First World War came the League of Nations with its fundamental notion that the peace of the world should be preserved by all since peace was of concern to all. America lead in the promulgation of that idea. And it was America's leadership that brought the League of Nations into existence although later events prevented the United States from becoming a member. The maintenance of peace under the League was to be brought about by the throwing of the preponderance of the will of the world against an erring state.

The League of Nations was conceived as a coercive type of international organization. As a result, there were obligations· on each of . the members of the League to apply sanctions to erring nations if their conduct warranted such action. The coercive nature of the League gave rise to the famous Lodge Reservations to the Covenant which were largely responsible for the United States refusal to join the League. 1 If the Lodge Reservations had been generally adopted, they would have stripped the League of its coercive nature and resulted in an international organization that in nature would have been similar to the Charter of the United Nations. There are no compulsory obligations under the United Nations to apply sanctions although there is an obligation for the mem-

'

bers to consult. As a result of these consultations, in certain cases, sanctions may be applied.

When we come down to President Wilson's time we find him calling the community of interest a regional understanding, implying that the Monroe Doctrine was not just a onenation pronouncement but that it had community significance and was recognized by the world as being definitely significant. From that time the nations of the Americas began to see that all had <,me interest-the unity of the Americas. Already the Pan American Union had been set up and was functioning and the Monroe Doctrine was fast becoming a multilateral understanding and all the states in all three Americas were beginning to see duties and responsibilities to each other.

In 1945 the Senate of the United States approved the ratification of the United Nations Charter by the overwhelming vote of 89-2. By that vote we formall,y and omcially accepted the role . of leadership in international affairs which destiny and a shrinking world had thrust upon us. By that vote we expressed our determination to cooperate wholeheartedly with the other nations of the world in the all-important task of outlawing war and in settling our disputes by peaceful means.

Early in 1945 the United States, together with other American Republics, joined in a nu~ber of agreements looking toward reciprocal assistance and the security of the Americas. These resulted in what is known as the Act of Chapultepec which opened the way for the Rio Pact signed in 1947. The importance of this act is the part ~t played in the transition of the Monroe Doctrine from a unilateral policy to a multilateral arrangement for the collective defense of the Western Hemisphere. This act embodied the notion that every ·attack of a state against the integrity or the inviolability of the territory, or against th.e sovereignty or political independence of an American state, shall be considered as an act of aggression against. the other states which sign this act. ·

In 1947 the Rio Pact came into being. This was not only a regional undertaking, but it also had in it the collective-defensive idea and the words that an attack on one shall be considered an attack on all. This happened after the acceptance of the United Nations Charter which provided for the recognition of regional understandings for collective security. Now two great parts of the world-the Americas and the North Atlantic countries, twenty-odd nations in the first and 12 with possible growth in the secondhave made- within the United Nations these two great regional pacts.

On March 17, 1948, Great Britain, France, Belgium, Luxemburg, and the Netherlands joined in the Brussels Pact which provides in article IV if any of the liigh contracting parties should be the object of an armed attack in Europe, the other high contracting parties will, in accordance with the provisions of article 51 of the Charter of the United Nations, afford the party so attacked all the military and other aid and assistance in their power. Thus we see that the Atlantic Pact is a culmination of a series of efforts on the part of various nations to provide for collective security l).nd to provide a substitute for war.

This body has already placed itself on record as favoring the achievemrnt of international peace and ·security -through the United Nations by voting overwhelmingly in favor of Senate Resolution 239 on June 11, 1948: Two of the objectives of this resolution are the progressive development of regional and other collective arrangements for individual and collective self-defense in accordance with the purposes, principles, and provisions of the Charter, and association of the United States, by constitutional process, with such regional and other collective ar--

rangements as are based on continuous and effective self-help and mutual aid, and as affect its national security.

Now what have we done in international law? For years text writers have held that wars have been started by willful aggression. How to stop the aggressor then becomes the problem. The family of nations, each being independent within its borders, was recognized. International-law was the law which controlled nations in their dealings with one another, but war was always recognized as being a possible way of settling differences. War was called the last reason or word of kings. War in theory bad to be just to be recognized as proper, but the role of justice remained with the state that went to war.

As far as the pact goes, an aggressor in international law has now become defined and the theory that nations may unite to throw their preponderant force against an aggressor state is accepted as fundamental. The nations who have signed the pact believe in the possibility of an enforced peace, depending upon the use of strength in a united way against an erring state or an attacking aggressor. These theories mark definite strides in the onward march of nations in an attempt to stop war.

Then came attempts to find substitutes for war. First came the Court of Arbitration to settle differences so nations would not have to go to war. The First World War produced the theories of a league to enforce the peace. After the end of the war we had the League of Nations. With the League came the idea of collective security and the notion that states' boundaries should be protected. This was an attempt to put down an aggressor and the whole force of all the states was to come to the support of each other to put down a wrongdoer. After that came the Briand-Kellogg Pact, which declared that war should not be used to accomplish a national purpose. This, in theory, outlawed war, and with war being outlawed people thought that war would be no more. But aggressors arose and we had war in the Mediterranean, then Europe, and finally in the Pacific, and we were caught in the Second World War . . Now we are thinking hard about how that war got started, the mistakes we made, the things we failed tci do, and the terrible costliness of it all in death and destruction of wealth. And now we see that war doesn't pay. Look what has happened to both the victors and the vanquished of the two world wars. In one of our Foreign Relations Committee meetings someone said we simply cannot afford to lose a war. · I asked can we afford to win another one, because victory brings responsibility, and peace actually has to be endured just as we had to endure the war. Peace will be costly, but it will be worth it.

Americans, because of their early heritage, will take the stand that regional pacts, such as the Rio de Janeiro Pact, the North Atlantic Pact, and agreements for universal- action are not alliances. They definitely are not alliances in the old way in which the nations accepted the theory of the offensive and defensive alliance technique. War for the purpose of ·advancing a national interest has been outlawed by an almost universal treaty. War as an instrument of a national accomplishment remains outlawed, and with the condemnation of the aggressor as we have it in the Atlantic Pact, war as an instrument for the advancement of a national interest remains outlawed. Therefore, if we c;:i,ll the pact an alliance, it is an alliance only in the

. sense of the new concept of international law which bans war as a proper process to be used by a nation in obtaining its objectives.

The North Atlantic Pact represents an almost universal acceptance of the concept of popular sovereignty. How then could America stand in any other place than she stands today in not only supporting and

8904 CONGRESSIONAL RECORD-SENATE JULY 6 fUrthering, but actually leading, the culmination of that pact and the universal acceptance of the theory behind it. The spirit of the pact is that such a thing has happened under Hitler, Mussolini, and Tojo but that it shall not happen again. The North Atlantic Pact is in complete harmony with the theories of collective security and the action of all the nations of the world to that end.

The pact complements the Un~ted Nations. It would be a great implementation to the effort to maintain peac~ and a great protector of those activities · which promote peace. It ·would help much in removing the · causes of war. The Atlantic Pact and the United Nations together represent the greatest strength yet created in the world to substitute peaceful processes for settlements of controversies between nations for the archaic and barbaric notion of "fighting out controversies."

Only a thoughtless person can imagine that we ·can change the habits of mankind overnight. Ambitious men will strive to get control of government. The threat of the single-will dictatorship surrounds us, but in unity there is strength. If the sensible, peace-loving, democratic peoples of the world will unite, nothing can stop their progress. The experiences of two wol'ld wars, the experiences of our own history, and the experiences of those peoples who have brought about economic, political, and educational freedom for their own people show that in these institutions there is mighty strength. · Individual man acting for the good of men is invincible. We want to develop that individual, which is the basis of freedom. There can be no freedom without men working with a social conscience. The North Atlantic Pact is one more instrument of democratic action in an attempt to substitute the will of the peoples for the will of an autocrat . That it will succeed, there is no doubt in my mind.

Mr. GILLETTE. Mr. President, before the Senator from Utah takes his seat, I wonder if he will yield to me for a question.

Mr. THOMAS of utah. I shall be glad to yield.

Mr. GILLETTE. The able Senator' from Utah, the eminent Senator from Texas, and the very much esteemed Senator from Michigan have all very cogently and forcefully called attention to the Monroe Doctrine as a parallel to the action which is contemplated in the North Atlantic Treaty, as a regional arrangement for defense which had been effective. I should like to ask the able Senator if there is not a very grave and a very great difference between the two, where the parallel disappears, in that the defensive arrangement of the Monroe Doctrine was perfected and completed before the world had been able to evolve a coalition of the free nations of the earth, and that any defensive regional arrangement such as is now contemplated must be developed in the light of the universal coalition of the enlightened nations of the world which is in existence and must conform to the framework of that organization and the Charter under which the coalition was perfected? Is there not a vast difference between the two? Does not the parallel cease when it is realized that there must be an impingement of this proposal on section 51 and that the whole purpose of the Charter must be taken into consideration?

Mr. THOMAS of Utah. That is all true, Mr. President, but I look at it in

this way: My opening statement was that despite the remarks made in regard to the North Atlantic Pact, great as they · are, they fall of their own weight if noth- . ing happens. I am sure that no matter how we view the economy of the world, the ideologies in the world and the geographic· situation of the wo.rld, its small-:- . ness, and all those matters, if we start with this beginning, making the pact the beginning of something new and fine, as we started in Madison's time, predating Monroe, as I pointed out, sure- · ly the strength and the force of the United States today give us more prom- · ise than was evident in 1811.

There is another aspect. The Monroe Doctrine was built around the theory that colonialism, as such, much come to an end in the wodd, that as we needed to be free, those in South America had a right to ·be free, and . we would try to sustain them in their freedom.

It is true that most of the colonial nations are parties to the Atlantic Pact. · The great nations which are responsible for all that has taken place in the treatment of the backward peoples in the world are parties to this pact. I say now, having in mind the growth and development of ideas in American history, that if the signers of the North Atlantic Pact have not reformed, in their minds and in their hearts, in regard to the exploitation of backward people, the North Atlantic Pact will fall of its own weight. It is their idea of progress, with the · ideology. they put into it, with the notion of freedom back of it, and with the theory of unity we have developed, that is going to make this pact a success, with the world as it is today. EXECUTIVE REPORT OF A COMMITTEE

The following favorable report of a nomination was submitted:

By Mr. McGRATH, from the Committee on the District of Coumbia:

James H. Flanagan, of the District of Columbia, to be a member of the Public Utilities Commission of the District of Columbia for a term of 3 years from July 1, 1949.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Maurer, one of its reading clerks, announced that the House had passed, without amendment, the following bills of the Senate:

S. 113. An act for the relief of Helen Louise Oles;

S. 230. An act for the relief Mrs. Sonia Kaye Johnston;

S. 322. An act for the relief of Mrs. Gertrude H. Westaway, legal guardian of Bobby Niles Johnson, a minor;

S. 623. An act for the relief of George Krinopolis; ·

S . 980. An · act for the relief of Toshie Okutomi; - ,

S. 1138. An act for the relief of John W. Crumpacker, commander, United States Navy;

S.1167. An act for the relief of the estate of Marion Miller;

S. 1168. An act to amend section 2680 of title 28, United States Code;

S. 1296. An act for the relief of Murphy & Wischmeyer;

S. 1359. An act to repeal the provisions of the Alaska Railroad Retirement Act of June 29, 1936, as amended, arid sections 91 to 107 of the Canal .Zone Code and to extend the benefits of the Civil Service Retirement

Act of May 29, 1930, as amended, to officers and employees to whom such provisions are applicable; and

S. 1688. An act to provide for certain adjustments on the promotion li~t of the Medical Service Corps of the Regular Army.

The message also announced that the House had agreed to the following concurrent resolutions of the Senate:

S. Con. Res. 21. Concurrent resolution favoring the suspension of deportation of cer-tain aliens; ·

S. Con. Res. 22. Concurrent resolution favoring the suspension of deportation of certain aHens;

S. Con. Res. 24. Concurrent resolution favoring the suspension of deportation of cer- . tain aue·ns;

S. Con. Res. 25. Concurr,tint resolution fa-• voring tbe suspension of deportation of cer

tain aliens; S. Con. Res. 27. Concurrent resolution fa- _

voring the suspension of deportation of certain aliens; and

s. Con. Res. 40. Concurrent resolution favoring the suspension of deportation of certain aliens.

The message further announced that the House had agreed to the amendment of the Senate to the bill <H. R. 2785) to provide for further contributions to the International Children's Emergency Fund. RELIEF OF CITY OF RENO, NEV.-VETO

MESSAGE (S. DOC. NO. 97)

The PRESIDING OFFICER (Mr. WITHERS in the chair). As in legislative session, the Chair lays before the Senate a letter from the Secretary of the Senate, which will be read.

The clerk read the letter, as fallows: UNITED STATES SENATE,

OFFICE OF THE SECRETARY' July 6, 1949.

Hon. ALBEN W. BARKI:.EY, President of the Senate.

DEAR MR. PRESIDENT: On yesterday, Tuesday, July 5, 1949, shortly after the Senate recessed for the day, there was received by me the attached sealed envelope, addressed to the President of the Senate of the United States, said to contain a message from the President of the United States returning without approval S. 41, an act for the relief of the city of Reno, Nev.

Respectfully, LESLIE L. BIFFLE,

Secretary of the Senate. By EMERY L. FRAZIER,

Chief Clerk.

The PRESIDING OFFICER. As in legislative session, the Chair lays before the Senate a message from the President of the United States, which will be read.

The clerk read the message, as follows:

To the United States Senate: I return . herewith, without my ap

proval, S. 41 "An act for the relief of the 'city of Reno, Nev."

This bill would authorize the payment to the city of Reno of $1,620, representing the amount which would have been assessable for street improvements against property owned by the United States and used by the Forest Service in this city, if the property had been privately owned.

Under the doctrine of intergovernmental tax immunity, federally owned real property is exempt from State and local taxes, including special assessments,

1949 CONGRESSIONAL RECORD-SENATE . 8905 unless the Federal Government has specifically authorized taxation. The Congress has authorized payments of taxes, or payments in lieu of taxes, in a few instances, such as real property held by Federal lending agencies, the Reconstruction Finance Corporation, and public housing projects. There has not been adopted, however, any comprehensive · over-all program for payments on account of federally owned property.

The lack of such a program has resulted in numerous cases of hardship in particular communities. The problem presented in the case of Reno is not limited to any' one locality. Federal buildings have been constructed in a great many cities and towns and in many more the Federal Government has acquired property for use in its programs. Following the doctrine of immunity of the sovereign to taxation, the Public Buildings Administration in administering its construction programs has not shared the cost of improvements either when constructed buildings or when benefiting, as in the instant case, from locally authorized repaving work. Federal responsibility has stopepd at the property line.

The desirability of adopting general legislation designed to provide a comprehensive program for payments on account of federally owned property has heretofore been indicated to the Congress. On May 26, 1943, there were presented to it the recommendationc of the Federal Real Estate Board, ·which, after extensive study of this problem, proposed specific measures to meet the situation. In addition, general legislation is now pending dealing with the over-all aspects of this problem, including proposed provisions for payment of special assessments with respect to some Federal properties.

Were I to approve S. 41, the precedent established would give rise to innumerable petitions for similar special relief of many other communities affected by the location therein of Federal real estate. Any legislation providing relief should be of general application, should not be retroactive in its coverage, and should deal with the problem on a comprehensive basis.

HARRY S. TRUMAN. THE WHITE HOUSE, July 5, 1949.

The PRESIDING OFFICER. The letter, together with the messaige from the President, and the bill, will be referred to the Committee on the Judiciary and printed.

CALL OF THE ROLL

Mr. WHERRY. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The Chief Clerk called the roll, and the foil owing Senators answered to their names: Aiken Anderson Baldwin Brewster Bricker Bridges Butler Byrd Caln Capehart Chapman Chavez

Connally Cordon Donnell Douglas Downey Ecton Ferguson Flanders Frear Fulbright Gillette Graham

Green Gurney Hayden Hendrickson Hickenlooper Hill Hoey Hunt Ives Johnson, Colo. Johnston, S. O. Kefauver

Kem Maybank Kerr Miller Kilgore Millikin Knowland· Morse Langer Mundt Lop.ge Murray Long Myers Lucas Neely McCarran O'Conor McCarthy O'Mahoney McClellan Pepper McFarland Reed McGrath Robertson McKellar Russell McMahon Saltonstall Magnuson Schoeppel Malone Smith, Maine Martin Smith, N. J.

Sparkman Stennis Taft Taylor Thomas, Okla. Thomas, Utah Thye Tobey Tydings Vandenberg Watkins Wherry W1ley W1111ams Withers Young

The PRESIDING OFFICER. A quo-. rum is present~ ADMINISTRATOR OF GENERAL SERV-.

ICES-JESS LARSON

Mr. LUCAS obtained the floor. Mr. McCLELLAN. Mr. President, will

the Senator yield to me? Mr. LUCAS. I yield. Mr: McCLELLAN. I ask unanimous

consent for the present consideration of the nomination of Jess Larson, of Oklahoma, to be Administrator of General Services. His nomination is Calendar No. 1911 on the Executive Calendar.

The PRESIDING OFFICER. Is there objection?

Mr. WHERRY. Mr. President, reserving the right to object, I ask if I correctly understand the request to be that, as in executive session, the Senate consider the nomination of Jess Larson, of Oklahoma, to be Administrator of General Services?

Mr. McCLELLAN. I understood we were in executive session.

Mr. LUCAS. We are in executive session.

Mr. WHERRY. That is correct. The Senator asks for the consideration and confirmation of the nomination of Mr. Jess Larson, of Oklahoma, to be Administrator of General Services. I have no objection. Yesterday, when request was made for consideration of the nomination, I felt, in view of the fact that it had just been reported, that it should go to the calendar and lie over for a day. I have no objection at all to the present consideration of the nomination.

Mr. McCLELLAN. I thank the Senator from Nebraska.

The PRESIDING OFFICER. Is there objection to the present consideration of the nomination of Jess Larson, of Oklahoma, to be Administrator of General Services?· The Chair hears none, and, without objection, the nomination is confirmed. Without objection, the President will be notified.

Mr. McCARTHY. Mr. President, I should like to take a moment or two to comment upon the action of the Senate in confirming the nomination of Mr. Jess Larson to be Administrator of General Services. I think the selection by the President of Mr. Larson to head the new agency which Congress has just created is one of the -best selections the President ever made. The bill creating the new General Services agency is the first major Government reorganization legislation passed by this Congress. If Mr. Larson does the job which those of us on the committee feel he will do, I am· sure that the result will be a saving of at least

a half billion dollars a year. I compliment the President on making such ari excellent selection.

Mr. LUCAS. I thank the Senator from Wisconsin for his remarks.

Mr. McCARTHY. In justice, I thought I should make them.

LEGISLATIVE SESSION

Mr. LUCAS. Mr. President, if there is any Senator present who desires to speak upon the North Atlantic Pact, either in favor or against, the Senator from Illinois is not disposed to move that the Senate go into legislative session, and proceed to the call of the calendar. I understand that the Senator from Missouri lMr. DONNELL] and the Senator from Utah [Mr. WATKINS] would probably wish to address the Senate upon the North Atlantic Treaty tomorrow. In view of the fact that I made the announcement yesterday that the Senate would proceed to the call of the calendar today if certain Senators who are in opposition to the pact were not ready to speak, I shall now ask unanimous consent that the Senate temporarily lay aside the executive business now under consideration, and that the Senate proceed to the consideration of legislative business.

The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.

THE CALENDAR

Mr. LUCAS. Mr. President, I move that the Senate proceed to the consideration of measures on the calendar to which there is no objection, beginning with Order No. 514, which is the point reached in the last call of the calendar.

Mr. WHERRY. Mr. President, this requires unanimous consent, does it not?

Mr. LUCAS. I ask unanimous consent.

Mr. WHERRY. Mr. President, reserving the right to object, I wonder if the distinguished majority leader would include in the call Order No. 294 and Order No. 501, two bills which were previously objected to by the distinguished Senator from Delaware lMr. WILLIAMS]. My understanding is that while he still opposes the bills, he has no objection to their consideration.

Mr. LUCAS. If that is agreeable 'to the chairman of the committee, the distinguished Senator from South Carolina [Mr. JOHNSTON], I have no objection to the inclusion of those two bills in the unanimous-consent request.

Mr. PEPPER. Mr. President, reserving the right to object, I notice that there are only five or six pages of the calendar preceding the point at which the Senator from Illinois proposes to begin today. Does he think it would take too much time to begin at the first of the calendar?

Mr. LUCAS. I do not care to make such a request, Mr. President.

Mr. PEPPER. Would the Senator be kind enough to include in the call Order No. 382, Senate bill 478, a bill which was previously objected to? It is a claim bill. If the Senator would be kind· enough to do so, I would appreciate having that bill included in the call.

8906 CON_GRESSIONAL RECORD-SENATE JULY 6 Mr. WILLIAMS. Mr. President, will

the Senator yield for a question? Mr. LUCAS. I yield. Mr. WILLLIAMS. Is it not true that

even though we begin with Order No. 514, we can go back to any bill by unanimous consent?

Mr. LUCAS. That is true. We can do anything by unanimous consent. We could drive an elephant in here ·if we obtained unanimous consent to· do it. However, we would oppose that. We would want a donkey. [Laughter.]

I have no objection to including the bill referred to by the Senator from Florida [Mr. PEPPER]. With those modifications, I renew my unanimous-consent re-quest. ·

The PRESIDING OFFICER. Is there objection to the request of the Senator from Illinois?

Mr. WILEY. Mr. President, may we have stated again the three calendar numbers which are sought to be included in the call of the calendar, so that we may know what wa are doing?

Mr. LUCAS. They are calendar Nos. 501, 294, and 382.

Mr. WILLIAMS. Mr. President, I was wondering if we could include calendar No. 288.

Mr. LUCAS. Mr. President, if we continue we shall have a great many amendments to the unanimous-consent r€quest. Will the Senator from Delaware withdraw his request?

Mr. WILLIAMS. Yes. Mr. LUCAS. I thank the Senator. The PRESIDING OPFICER. Is there

objection to the request of the Senator from Illinois? The Chair hears none, and it is so ordered.

The clerk will state the first order of business. ACCOUNTING FOR RECEIPTS FROM SALE

OF HISTORICAL MEDALS AND COINS

The bill <S. 1069) to amend section 3552 of the Revised Statutes relating to the covering into the Treasury of all moneys arising from charges and deductions was announced as first in order.

Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to know whether this -peration is conducted at a profit or a loss to the Government.

Mr. TAYLOR. Mr. President, I cannot say whether it is conducted at a profit or at a loss. The Treasury Department has approved the bill. An appropriation is made each year for the mint, for the production of medals and special memorial coins. As soon as the appropriation runs out, the Department must suspend operations in this field.

The idea of the bill is to allow the Department to use the receipts to continue operations until the end of the year. Then whatever is left would go back into the Treasury, and it would be necessary to obtain a new appropriation for the following year. The bill has the approval of the Treasury Department and the Bureau of the Budget. I cannot say whether this operation is conducted at a profit or at a loss.

Mr. HENDRICKSON. I thank the Senator. I have no objection.

The PRESIDING OFFICER. Is there obj€ction to the present consideration of the bill?

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

Be it enacted, etc., That section 3552 · of the Revised Statutes (U. S. C., title 31, sec. 369) is amended to read as follows:

"SEC. 3552. The money arising from all charges and deductions on and from gold and silver bullion and from all other sources, except the money derived from the manufacture and sale of medals and proof coins and as otherwise provided by and pursuant to this title, shall from time to time be covered into the Treasury, and no part of such deductions, or profit on silver or minor coinage, shall be expended · in salaries and wages. The money arising from the manufacture and sale of medals and proof coins shall be reimbursed to the appropriation then current and chargeable for the cost of manufacture and sale of medals and proof coins. All expenditures of the mints and assay offices, not herein otherwise provided for, shall be paid from appropriations made by law on estimates furnished by the Secretary of the Treasury."

SUSPENSION OF DEPORTATION OF CERTAIN ALIENS

The concurrent resolution <S. Con. Res. 48) favoring the suspension of deportation of certain aliens was considered and agreed to, as follows:

Resolved by the Senate (the House of Representatives concurring), That the Congress favors the suspension of deportation in the case of each alien hereinafter named, in which case the Attorney General has suspended deportation for more than 6 months.

A-6447804, Abstender, Toni (nee Polinovski).

A-4477946, Alexander, Emanuel or Hagigiorgio or Hagiorgio.

A-4899453, Allen, Bessie Helen or Della Helen Allen (nee Rosenberg).

A-6855171, Alvarez, Guadalupe de Melendrez.

A-6985580, Andazola, Juan. A-2752070, Anderson, John Ingvald or Ing

vald Johan Navdahl. A-6505464, Anderson, Roy Almanson Ken

neth or Kenneth Almanson. A-4263708, Arkaledis, John or John Harry

Arkaledis or Harry Arkaledls or John Estratios Arkaledis.

A-6644043, Arnesen, Olaug Rodseth. A-6644073, Arnesen, Jacob or Jakob Ar

nesen. A-2132750, Atondo-Atunez, Ismael or Is

mael Atondo. A-6800456, Ayala-Padilla, Reynaldo, alias

Leopoldo Martinez. A-6853371, Balanikas, Kyparissos Apostolou

or Vallas, Paris. A-6075308, Ball, Consolacion Legaspi. A-4936219, Beblavy, Betty or Elizabeth (nee

Esslinger) . A-3329071, Bekridakis, Dimitrios or Di

mitris Georgios Bikrisakis or James George Bekridakis or James Bikridakis.

A-2594501, Bieggar, Paula Davila De (nee Davila).

A-4645698, Bilenchi, Henry. A-6555471, Bocko, Heather Mary or Heath

er Mary Gill. A-6262201, Bouloukos, Panagiotis Athan

asios. A-9743863, Brazel, William Wilfred. A-6606024, Breceda, Jorge or Jorge Busta

mante or Jorge Braseda-Bustamante. A-5930534, Brown, Benjamin Nelson. A-4079500, Brown, Margaret Jane or Mar

garet Jane McFarland or Margaret Jane McDougall or Margaret Jane Carson.

A-3444192, Burdsall, William Henry or Henry Burdsall or William MacLaughlin or Hugh Cunningham.

A-4640131, Burk, Willi Hans. A-7754249, Caceres, Eduardo.

A-7754250, Caceras, Denise Guislain (nee Denise Guislain) •

A-4209751, Campbell, Olive (nee Olive Lan-caster).

A-4178096, Campbell, William Henry. A-3185069, Caiozzo, Giuseppe. A-4731011, Carnahan, Rose Bedrosian (nee

Vartanian). A-4447087, Casper, William Gunther. A-6510467, Catalanotto, Gi~seppa. A-6510466, Catalanoto, Francesca. A-5486517, Chao, Si-Tsan. A-7790014, Chaverri, Mariano Rafael. A-4859736, Checkanow, Jacob Meyer or

Jankiel Majer Ciechanowiecki. A-2468532, Cowie, Peter Sutherland or

Peter Sutherland. A-7751884, Crosbie, Keith Desmond. A-1370490, Cruz-Celestino, Santos De La. A-6904525, D'Angelo, Edgardo. A-6929876, D'Angelo, Ermenegildo. A-6679157, Dawson, Mary Cruthers (nee

Grindley). A-6509213, Delgado, Angel Guillermo. A-6509211, Delgado, Maria Concepcion Vi

centa Paulina. A-7750737, De Morgner, Hilda Efizab_eth

(nee De Leon Taracena) . A-4378318, De Villanueva, Antonio Gloria. A-3469700, Dimotsis, George Michael or

Georgios Michel Dimotsis. A-6873499, Dunn, Peter Martyn Bosco. A-4010402. Edwards, Vee-Tsung. A-3951971, Feinstein, Pinichas or Paul Fine

or Artur Rommel. A-6830234, Fickett, Anne Marie. A-7031611, Fitzgerald, Edward John

Michael or Edward John Fitzgerald. A-7031612, Fitzgerald, Thomas Patrick or

Thomas Patrick Francis Fitzgerald or Thomas Fitzgerald.

A3761670, Funk, Margaret Harns (nee Thiessen).

A-6628324, Gallant, George Henry. A-1417970, Galliani, Salvatore. A-3507908, Galliani, Clara Ivy (nee Berco

vitz or Burke.) A-7044404, Garcia, Jesus. A-1479470, George, Sylvia (nee Bondea or

Bandea). A-6247991, Georges, Panagiota or Pata

Georges or Panageota Tzortzis or Sarantoulias.

A-6724981, Gonzalez-Burruel, Roberto. A-4723680, Goolnick, Frances. A-1113489, Greenlow, Harvey Vincent. A-6540805, Gromek, Michal. A-2588502, Hsiao, Chinti or Sidney Chihti

Hsiao. A-5219553, Inn, Ruby Chan (Mrs.) or Mui

Sing Chan. A-3717024, John, Nicholas or Nicholas J.

Marinos or Nicolaos Marians. A-4338306, Jose, Antonio or Antonio Gos

eeph Ferreira. A-1229647, Juhasz, Steve Istvan or Stephen

Yuhasz. A-6289275, Kadekian, John. A-6289274, Kadekian, Souren. A-4840644, Kadekian, Mary (nee Vartabe

tian). A-6517168, Kairinen, Siiri Vilhelmina or

Malin. A-6437719, Kiipus, Alide (nee Alide Ben

der). A-4471308, Klymkow, Anna or Anna Klem-

dow (nee Nakoneczna). · A-2989412, Kourtesis, Andreas or Andrew

Peter Kurtesis cir Andreas Koyrtesis. A-4740756, Lairtoo, Arnott. A-7787535, Lavengood, Gloria Muriel (alias

Gloria Muriel De Leon) . A-2788513, Longo, Antonino or Anthony or

Tony Longo. A-5604785, Lopenz, Elizabeth Marie (nee

Trzetrzewinska or Trzet) . A-6924777, Lucero, Pascual Raul or Pascual

Lucero A-4760957, McQuire, Katherine or Kather

ine Morrisroe or Katherine Morris. A-4060232, Madrigal, Jesus Garcia or Jesus

Madrigal Garcia.

1949 CONGRESSIONAL RECORD-SENATE 8907 A-6771179, Maldonado-Arellano, Marla Isa-

bell. A-6770024, Maldonado-Arellano, Miguel. A-6754511, Maldonado-Nieto, Miguel. ' A-6425208, Mallen, Estela Alvarado (nee

Romero). A-3218363, Margado, Manuel Domingos. A-6098668, Marques, Rafael or Rafael Mar-

ques Lucas: · , A-3567772, Martinez, Macario or Nicolas

Martinez. A-4899827 .. Massarri, Bernard~no. A-5574.168, Massarri, Maria (alias Mary

Massari). . · A-6501301, Matson, Ann Torrens. A-6501299, Matson, Joan Marie. A-6501300, Matson, Wendy Susette. A-2575553, Matteo, Testino. · A-4352235, May, Frederick Ernst or Fred

Ernst May . . A-2461097, Mayeda, George Isohach1 or

Isohachi Mayeda. A-4731012, Medina, Aurora Aguilar (nee

Aguilar). A-1869168, Mei, Hua Chuen or Way Moy. A-4791028, Mendez, Regina Moreno . or

Regina Moreno or Regina Moreno De ~endez. A-4692655, Mendoza-Ortiz, Manuel or Man

uel Mendoza. A-6549165, Mercado., Eduardo Patrick or

Edward Patrick Mercado. A-6549153, Mercado, Ronald Vincent. A-1848751, Monsivaiz, Elias or Elias Mon

sivaiz-Vasquez or Elias Uonsivais or Elias Moncibais or Elias Monsivias.

A-4849106, Morgan; Gilta or ·Gertrude Mor-gan (alias Moreno, nee Schultz).

A-3596651, Napolitano, Gennaro. A-5279252, Napolitano, Elisa. A-6768534, Nesbitt, Geoffrey Anthony Peter

or Geoffrey Anthony Nesbitt. A-4320242, Nygard, Axel. A-6527450, Ojeda-Garcia, Jose. A-2479616, Olshin, Herman Boruch (alias

Chaim Baruch Olszewski) . . A-1375508, Opffer, Betty or Betty A'Beckett

Chomley. A-6702676, ·Ordona, Rodolfo Bonife or Ru

dolfo Bonife. A-7035069, Padilla, Teresa Huerta or Tere

sita Huerta or Terry. A-4566325, Parella, Giuseppe or Joe Dorio

Parelle. A-6241772, Patroane, Mary Jane. A-3350703, Petro, Mina Christo. A-6343694, Psomiadou, Afroditi v. (nee

Sidiropoulou) . A-2823361, Purrone, Vincenzo or . Jimmy

Purrone. A-5888500, Ramer, Eva Scheid. A-1027062, Raiola, Ciro Jerry. A-2663837, Ranjel, Ana Baron. A-3185344, Richardson, George Donald

(alias Donald George) Richardson or Donald Richardson or "Bill."

A-6465781, Robinson, Michael Ellis. A-1357380, Rokos, Margaret Ermina or

Margaret Singer (nee Margaret Ermina Ford). A-4796702, Rosowski, Wilhelm or William

Rosner. A-5678316, Rottingen, Gerhard. A-6948157, Rubio, Regino. A-6948158, Rubio, Jose Luis. A-9568304, Rundo, Tripo Philip. A-6645147, Salazar, Marcos or Marcos Sala-

zar-Vasquez. A-6645146, Salazar, Sofia. A-6645148, Salazar, Enriqueta. A-6541783, Santiago, Carmelita Eliza (nee

Newton or Carmen Carmelita Newton). A-7044321, Scheer, Ryszard or Richard

Scheer or Franciszek Saldak. A-6507120, Schoedel, Levina Mary (nee

Huff). A-9526888, Sim1c, Jovo or John Simlc. A-6446340, Sharaay, Ahmed Mohamed or

Ahmen Mohamed. A-6799417, Slewlgh, Regina Solveig. A-7549717, Steinberg, Stella known as Hilt

son (nee Holper, formerly Walker).

A-1386642, Stoffers, Walter or Walter Krause.

A-6988709, Tagge, Karin Hannelore. A-2963870, Taormina, Rosalino or Russell

Taormina. A-1061965, Tarpinian, Gulezar (nee Der-

derian). · A-1484260, Teitel, Benjamin or Benny.

· A-1669670, Theophilis, Constantinos or Constantin Theophllos or Gus Philis.

A-3859879, Torres; Manual Alvarez or Ynconito, Manuel Pego.

A-6421204, Tzavaras, Nicolas or Nicholas Tza.varas.

A-6621576, Vallez-Ventura, Jorge or Jorge \Talles.

A-1534163, Violante, Dario or Larry Violante.

A-1566286, Voreadis, Konstantinos Lazaros or Konstantinos L. Voreadis or Constantinos Voreades or Koste.s Voreadis or Gus Voreadis .

A-2484925, Wall, Kathleen Florence. A-6097735, Wang, Rosita Yrraga. A-9577250, Wetselaar, Paulus Theodorus. A-9562116, Wick, Kristoffer ,Elias.

ERNEST J. JENKINS

The bill <S. 377) for the relief of Ernest J. Jenkins was announced as next in order.

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

Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to know whether any other claims have been filed by members of the Civil Air Patrol:

Mr. McCARRAN. None have come before the Committee on the JudiCiary, so far as I know.

Mr. HENDRICKSON. This, then, is the sole claim from that source?

Mr. McCARRAN. Yes. Mr. HENDRICKSON. I thank the

Senator. Mr. TAFT. Mr. President, is not this

a · rather unusual sum for such a loss? Is not $21,600 an unusual sum to allow in such a case? Is not $10,000 the usual recompense?

Mr. McCARRAN. Let me read from the committee report:

All Members of Congress will recall the early days of the recent war when the submarines were taking such a terrific toll of shipping off our eastern coast. In order to combat this menace the civilian pilots of the United States were organized into what was known as the Civil Air Patrol. To the civilian members of this organization was given the terrific responslbillty of patrolling our shores in order to search for submarines and alert the pitifully few military forces available so that they could seek out and destroy this menace where located.

The aircraft used by these civ111ans was privately owned and operated and in almost every case was never intended for the purpose . to which it was put. Because of the extreme urgency of the situation, where possible, these private planes were equipped with bombs. Because of the extreme need for these pilots many of them were not permitted to volunteer for service in the armed forces, and they were granted mandatory draft deferments. They sacrificed all of their free time and many of them sacrificed the hours that they would have ordinarily devoted to their businesses in order to fly these patrols. The service performed by these men for their country in its most critical hour could easily be described in the words of Mr. Churchill: "Never in the field of human conflict was ao much owed by so man1 to so few."

.One of the· pilots engaged in this activity was Ernest J. Jenkins, of Brunswick, Ga. On October 8, 1942, at 6: 55 a. m., while taking off on a patrol with a plane loaded, by means of makeshift bomb racks, with bombs for possible use on his patrol, he crashed from an altitude of 300 feet.

Certain injuries followed. This bill was given special study by the committee because of the amount involved and because of the nature of the claim. For that reason, we thought the amount not excessive.

Mr. ·KILGORE. Mr. President, does the claim include the cost of the plane? As I understand, members of the Civil Air Patrol furnished their own planes, in addition to furnishing their own services.

Mr. McCARRAN. I do not believe that the cost of the plane is involved.

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

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

Be it enacted, etc., That the Secretary of the . Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Ernest J. Jenkins, of Brunswick, Ga., the sum of $21,600, in full satisfaction of his claim against the United States for compensation for loss of earnings and for expenses incurred as a result of personal injuries sustained in, an airplane crash on October 8, 1942, while on active duty with the Civil Air Patrol, SiXth Task Force, at St. Simons Island, Ga.: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

JOHN SEWEN

The bill <S. 905) for the relief of John Sew en was announced as next in order.

-Mr. HENDRICKSON. Mr. President, reserving the right to object, in view of the circumstances in this case I think we ought to have an explanation. The beneficiary of the bill was out of the country for more than 17 years. I should like to have an explanation of the bill.

Mr. McCARRAN. Mr. President, the purpase of the bill is to grant the status of .permanent residence to John Sewen (also known as John Seven) upon t.he payment by him of the visa fee and head tax. The bill also provides for the appropriate quota deduction.

The beneficiary of this bill is single, a native and citizen of Luxemburg, and was born on October 21, 1886. He arrived at the port of New York on August 16, 1948, and was admitted as a temporary visitor for a period of 6 months. He is presently living with his brother, Nick Seven, at Grenora, N. Dak., helping with chores about the farm. Mr. Sewen first entered the United States as an immigrant in 1913 and settled at Grenora, N. Dak. He was naturalized as a citizen of the United States under the name of

8908 CONGRESSIONAL RECORD-SENATE JULY 6 John Seven on May 14, 1921, at Williston, N. Dak. He· acquired 200 acres of pasture land at Grenora, N. Dak., by homesteading in 1921.

Mr. Sew en returned to Luxemburg in 1931 to attend and be with his mother who had a stroke and was helpless. He remained with his mother until her death in 1943, but he was unable to return to the United States at that time on account of World War 11. He failed to take steps to return immediately after hostilities .ceased. Mr. Sewen had been a permanent legal resident of the United States for 19 years prior to his departure in 1931.

There is little likelihood that he would become a public charge should he be permitted to remain permanently in this country. He is in good health, has never been arrested for any offenses under the State or Federal laws. Persons who know him consider him to be a man of good moral character.

The PRESIDING OFFICER. Is there objection to the pre·sent consideration of the bill? .

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

Be it enacted, etc., That in the administration of the immigration and naturalization laws John Sewen (also known as John Seven), formerly of Williams Cqunty, North Dakota, who was admitted to the United States on a temporary visa, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of his last entry into the United States, upon the payment by him of the required head tax and visa fee.

SEC. 2. The Secretary of State is authorized and directed to instruct the proper quota-control officer to ·deduct one number from the nonpreference category of the proper immigration quota.

V ARTAN CHAMSARIAN The bill (S. 976) for the relief of

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

Be it enacted, etc., That the Attorn~y General ls authorized and directed to discontinue any deportation proceedings a11d to cancel the· outstanding order and warrant of deportation, warrant of arrest, and bond, if any, issued in the ca~e of Vartan Chamsarian, of Troy, New York. From and after the date of enactment of this Act, the said Vartan Chamsarian shall not agaln _be subject to deportation by reason of the same facts upon which· such deportation proceedings were commenced or such warrants and order have issued. - SEc. 2. In the administration of the immigration and naturalization laws, the sair;t Vartan Chamsarian shall be considered as having been lawfully admitted for p-ermanent residence as Of the date of his last entry into the United States on payment of the required visa fee and head tax. .

SEC. 3. Upon enactment of this -act; the Secretary of State is authorized and directed to instruct the proper quota-control otncer to deduct one number from the non-preference category of the first available immigration quota for nationals of Turkey.

LEON NIKOLAIVICH VOLKOV

The bill (S. 1087) for the relief of Leon Nikolaivich Volkov was announced as next in order.

The PRESIDING OFFICER. There is on the calendar an identical bill, Calendar 551, House bill 2848.

Mr. McCARRAN. I ask unanimous consent that the House bill may be substituted for the Senate b111, and the House bill be considered at this time.

The PRESIDING OFFICER. Without objection, that will be done; and the question is on the third reading. of House bill 2848.

The · bill H. R. 2848, an act for the relief of Leon Nikolaivich Volkov, was ordered to a third reading, read the third time, and passed.

Mr. HENDRICKSON. Mr. President, a parliamentary inquiry.

.The PRESIDING OFFICER. The Senator will state it.

Mr. HENDRICKSON. I did not understand that the question was put on the passage of the House 'bill. I wish to object to it. I think we should have a thorough explanation of the bill.

The PRESIDING OFFICER. The bill has already been passed.

Mr. WHERRY. Mr. President, I ask unanimous consent that the vote by which the bill was passed be reconsidered, so that the distinguished Senator from Nevada, whG reported the bill, can give an explanation of it.

The PRESIDING OFFICER. Without objection, the vote by which the House bill was passed is reconsidered, and the bill is before the Senate.

Mr. McCARRAN. Mr. President, this bill was introduced by the Senator from Connecticut [Mr. McMAHON]. If he is present at this time, I should prefer to have him explain the bill. If he is not present, I shall explain it.

The purpose of the bill is to grant the status of permanent residence to Leon Nikolaivich Volkov and to provide that he shall not be regarded as having been at any time prior to the enactment of this act a person within the provisions of the immigration law relating to anarchistic aliens. The b111 also provides for the appropriate quota ded.uction.

His activities are not injurious to American public interest. His articles give the American public first-hand information about . ~he undesirability of dictatorship as practiced in Russia. He has also given useful information to the United States intelligence services.

Mr. HENDRICKSON. Mr. President, . in view of the statement which has been

made, I withdraw an·y objection. · The PRESIDING OFFICER. The question is on the passage of House bill 2848.

The bill was passed. The PRESIDING OFFICER. Without

objection, Senate bill 1087 is indefinitely postponed. - ·

BILL PASSED OVER

The bill <S. 1915) for the relief of Viktor A. Kravchenko was announced as next in order.

Mr. LANGER. Let the bill go over. The PRESIDING OFFICER. The bill

will be passed over. ELLIOTT HEWITT

- The -bill <H. R. 682) for the relief of the legal guardian of Elliott Hewitt was con-

sidered, ordered to a third reading, read the . third time, and passed.

GENERAL ENGINEERING & DRY DOCK CORP.

The bill (H. R. 709) for the relief of the General Engineering & Dry Dock Corp. was considered, ordered to a third reading, read the thi!d. time, and passed.

HOY C. WONG

The bill <H. R. 1042) for the relief of Hoy C. Wong was considered, ordered to a third reading, read the third time, and passed~

MEXICAN FIBRE & TWINE CO., INC.

The bill <H. R. 1116) for the relief of Mexican Fibre & Twine Co., Inc., was considered, ordered to a third reading, read the third time, and pas-sed.

JAMES FRED GmDLEY AND PERCY BRIDGEWATER

The bill <H. R. 1131) for the relief of James Fred Girdley and Percy Bridgewater was considered, ordered to a third reading, read the third time, and passed.

FLORENCE BRYANT PETERS AND E.B.PETERS

The bill <H. R. 1173) for ·the relief of Florence Bryant,Peters and E. B. Peters was considered, ordered to a third read~ ing, read the third time, and passed.

ALVIN G. PATTON

The bill CH. R. 1297) for the relief of Alvin G. Patton was considered, ordered to a third reading, read the third time1

and passed. JAMES F. DELAHANTY

The bill <H. R. 1470) for the relief of the estate of James F. Delahanty, deceased, was considered, ordered to a third reading, read the third time, ~and passed.

MRS. THELMA LEE RYNAARD

The bill <H. R. 1496) for the relief of Mrs. .Thelma Lee -RynaarG. was consid .. ered, ordered to a third reading, read the third time, and passed.

.THOMAS. M. BATES.

The bill <H .. ~ . . 167.6) for the relief ·of Thoma~ M . . Bates was con~idered, or- .. .. dered to· a third reading, read the third time, and passed.

COL. WLODZIMIERZ. ONACEWICZ

The bill <H. R. 2349) for the relief of Col. Wlodzimierz Onacewicz was considered, -Ordered to a third reading, read·the third time, and. passeg. ·

MRS. REBECCA LEVY

The bill <H. R. 3077) for the relief of Mrs. Rebecca Levy was considered, ordered to a third readii:lg, read the third ti~e, and :passed.

JACOB GROSS .

The Senate proceeded to consider the bill (H..R. 3127) to authorize the admission into the United States of Jacob Gross, a minor, which had been reported froni the Committee on the Judiciary with an ainendmerit, to strike out all· after the enacting clause a~d. inser~: - That for the purposes of the immigration • and natui'allzation laws Jacob Gross, a minor,

1949 CONGRESSIONAL RECORD-SENATE 8909 orphan grandchild of Rabbi Solomon Horovitz, of New York, N. Y., shall be deemed to be the child of said Rabbi Solomon Horovitz.

Mr. WHERRY. I should like to inquire what the substitute would do.

Mr. McCARRAN. The purpose of the bill, as amended. is to enable a 2-year-old child, who was orphaned because of the death of his parents in an airplane crash, to enjoy nonquota immigration status.

Mr. WHERRY. I have no objection. The PRESIDING OFFICER. The

question is on agreeing to the amendment of the committee.

The amendment was agreed to. The PRESIDING OFFICER. The

question now is on the engrossment of the amendment and third reading of the bill.

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. MYRTLE RUTH OSBORNE AND OTHERS

The bill <H. R. 3812> for ·the relief of Myrtle Ruth Osborne, Marion Walts, and Jessie A. Walts was announced as next in order.


Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to point out that last year the President vetoed a measure similar to this one. So I should like to know what proof has come in since that time to justify the bringing up of the bill at this time.

Mr. McCARRAN. I may say that this ls a rather complicated bill, and the history of it is complicated. I invite the Senator to read the report.

I shall present a synopsis of the report, to the extent I am able in the time now available.

A similar bill, H. R. 2306, of the Eightieth Congress, was passed by the House and by the Senate. It was vetoed by the President.

In its favorable report on the present bill <~ept. No. 395, House of Representatives, 81st Cong.) the House Committee on the Judiciary says:

Since the veto message was submitted, the President has been contacted and has stated that should the bill be repassed he would give further consideration and would be openminded about it.

Therefore, in view of this fact, your committee is of the opinion that he should be given another chance to approve this legislation, and it is the further opinion of your committee that this 1s a meritorious bill and should receive favorable consideration.

That is the language of the House. in sending the bill to the Senate.

A detailed statement of the facts in the case was included in the House report and is appended hereto and made a part of the report.

Let me say that the House report goes into the matter at length. The contention is that the President . was in error ·when he vetoed the bill. '

Mr. HENDRICKSON. Was additional evidence submitted to the House com-mittee?·

Mr. McCARRAN. That is my recollection. Without having time to take up the report at this time, it is my recoliection that there was additional evidence. I do not say that the additional evidence was of a cogent nature. but it was sufflcient to warrant the belief of the Committee on the Judiciary that the bill should be passed.

Mr. HENDRICKSON. I take it that the Senate committee was unanimous in its position in regard to the bill?

Mr. McCARRAN. Yes. Mr. HENDRICKSON. I withdraw

any objection. Mr. President. The PRESIDING OFFICER. Is there

objection to the present consideration of the bill?

There being no objection. the bill was considered, ordered to a third reading, read the third time, and passed.

MRS. PEARL SHIZUKO OKADA PAPE

The Senate proceeded to consider the bill <S. 111) for the relief of Mrs. Pearl Shizt:ko Okada Pape, which had been reported from the Committee on the JudiCiary with an amendment. on page 2, in line 6, after the date "1927", to strike out the period and insert a comma and the following: "upon the payment by her of the visa fee and head tax. Upon the enactment of this act, the Secretary of State shall instruct the proper quotacontrol omcer to deduct one number from the appropriate quota for the first year that such quota is available", so as to make the bill read:

Be it enacted, etc., That the Attorney General is authorized and directed to discontinue any deportation proceedings and to cancel the outstanding order and warrant of deportation, warrant of arrest, and bond, If any, issued In the case of Mrs. Pearl Shizuko Okada Pape, of Washington, D. C. From and after the date of enactment of this act the said Mrs. Pearl Shizuko Okada Pape, who ha£! resided in the United States since 1927, shall not again be subject to deportation by reason of the same facts upon which such deportation proceedings were commenced or such warrants and order have issued.

SEC. 2. Notwithstanding any provision of the immigration laws, the said Mrs. Pearl Shizuko Okada Pape shall be considered as having been lawfully admitted into the United States for permanent residence as of May 23, 1927, upon the payment by her of the visa fee and head tax. Upon the enactment of this act, the Secretary of State shall instruct the proper quota-control.officer to deduct one number from the appropriate quota for the first year that such quota is available.

The amendment was agreed to. The bill was ordered to be engrossed

for a third reading, read the third time, and passed.

EUGENIO MAISTERRENA BARRENECHE

The bill (S. 204) for the relief of Eugenio Maisterrena Barreneche was announced as next in order.


Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to call the attention of the Senate to the fact that in this case there were apparently deliberate falsehoods by the alien who seeks relief. I think there should be a very clear explanation of the facts.

Mr. McCARRAN. Mr. President, I do not know to what the Senator refers. The purpose of the bill is to record the lawful admission for permanent residence of Eugenio Maisterrena Barreneche, and to provide for the usual quota deduction. The pertinent facts in the case are set forth in a letter dated May 11, 1949, addressed to the chairman of the Senate Committee on the Judiciary, from Peyton Ford, the assistant to the Attorney General. The letter reads as follows:

MAY 11, 1949. Hon. PAT McCARRAN,

Chairman, Committee on the Judiciary, United States Senate,

Washington, D. C. MY DEAR SENATOR: Th~s is in response to

your request for the views of the Departll'ent of Justice relative to the bill (S. 204) for the relief of Eugenio Maisterrena Barreneche.

This bill would direct the Attorney General to cancel deportation proceedings in the case of Eugenio Maisterrena :&arreneche. It would also provide that for the purposes of the immigration and naturalization laws the alien shall be held and considered to have been lawfully admitted for permanent residence as of January 2, 1946, when he was admitted to the United States as a temporary visitor for a period of 6 months.

According to the immigration and naturalization files of this Department the beneficiary of this bill was born May 30, 1926, near Maya, Navarra, Spain, is a native and citizen of Spain, and a farmer by occupat ion. He arrived at the port of New York, N. Y., on January l, 1946, and was temporarily admitted as a visitor fOI 6 months. Questioned by an officer of the Immigration and Naturalization Service on June 6, 1946, he stated that be had been granted an e."ttension to remain in the United States until September 1947 but had lost the letter advising him of such extension. He further stated his reason for coming to the United States and for requesting an extension of his visit was that he desired to assist in the :settlement of his uncle's estate. Investigatic'll has disclosed that the eFtate was ""lrobated, and decree of distribution filed February 8, 1945, almost a year before the alien arrived here. He has been in.the United States without permission since July 2, 1946. ·

After entering this country the alien was employed as a farm laborer in Kern County, C..alif., and since June of 1948 has been working as a sheep herder and assistant camp tender for Greterio Rendiburu and Oscar Rudnick, ,t)artners in a sheep ranch, with offices at 2311 B Street, Bakersfield, Calif. The partners when interviewed stated the alien has been found to be a very satisfactory worker and that :be is one of the best sheep herders they have been able to obtain in a long time. Tile partners and other persons who are well acquainted with the alien stated that in their opinion he is a person of good moral character, and well disposed to the welfare cf the United States. Hi , employers promise to give him steady employment if he is permitted to remain in this country.

The quota of his nationality is oversubscribed for several years and an immigration visa is not readily obtainable. He is, therefore, unable to depart voluntarily to a nearby .country ar:d apply for an immigration visa. .The alien gained-entry into the United States by claiming to be a visitor, but sought and obtained employment in violltion of his visitor's status and has made no effort to depart. His case under all the circumstances would not seem to justify granting him a preference over the thousands of lawabiding aliens in foreign countries who are patiently awaiting their turn for .quota n-..unbers.

8910 . CONGRESSIONAL RECORD-SENATE JULY 6 Accordingly, the Department ls unable to

recommend the enactment of this legislation.

Yours sincerely, PEYTON FORD,

The Assistant to the Attorney General.

Let me say that this alien has been employed as a sheep herder in the western area of the United States. Those engaged in the sheep industry for years have been importing assistants by obtaining sheep herders from the Pyrenees Mountains, between Spain and France. There will be found on the calendar today a bill authorizing the entry of 250 sheep he~·ders for the Western openrange region. There will also be found that hearings were held by the committee as to the justification for bringing sheep herders into the United States, and the necessity for it. Our· young American population as a rule does not take to sheep herding in the open public domain. It is utterly impossible for us to get sheep herders in the open-domain States; so much so that our sheep population ha~ gone down nearly 40 percent in the past 10 or 12 years. We are encouraging these people to come here, because they are reliable; industrious, frugal, and hard working. The record shows that this man, although he may have come into the country under peculiar circumstances, has been engaged in the industry . to which he is adapted, as are many others of his kind entering the country.

Mr. HENDRICKSON. Mr. President', will the Senator tell us whether the Department of Justice opposes this bill?

Mr. McCARRAN. The Department of Justice did oppose it.

Mr. HENDRICKSON. The Department of Justice is opposed to it, is it nGt?

Mr. McCARRAN. I think very likely the Department is.

Mr. WATKINS. Mr. President, will the Senator yield?

Mr. HENDRICKSON. I yield to the Senator from Utah. '

Mr. WATKINS. I wanted to ask the Senator from Nevada a question. Does the Senator think there would be the same difficulty in obtaining help for :flock masters, now that the unemployment is increasing in the United States, particularly in the West?

Mr. McCARRAN. Yes, it would be just as hard to get them as it was during our greatest period of unemployment in the years 1933 and 1934. It was utterly impossible to get sheep herders to herd sheep on the open public domain·. The Senator from Utah is entirely familiar with the conditions under which sheep culture goes forward on the open-public domain. We herd them in vans of from 3,000 to 5,000, depending on the locality and the surroundings. A sheep herder, taking a van of 2,500 or 3,000 · sheep on the open public domain, leads a lonesome, hazardous life. He usually does not see another human being for anywhere from 5 to 10 days, and there are only a very few in the world who will take to that general vocation. The people who come from the Pyrenees Mountains are, if I may use a homely expression which perhaps is not applicable but at least worth while at this time, to the. manner born. They are herdsmen. -They were born as herdsmen. They grew up as

herdsmen. They become adapted to that line and vocation in this country, and we shall have just as much of a shortage during unemployment as we have had in the past.

Mr. WATKINS. I may suggest to the Senator that before the last depression it was not too difficult to get sheep herders in the section of the West from which I come. I am wondering if we have done something to our people, by putting them on WPA and giving them grants or doles to the point where they will not engage in this particular line of work.

Mr. McCARRAN. I do not quite understand the wonderment of the Sena·tor. · All I can say is that my observation is that it was just as difficult during the lean years, when we had unemployment. to get herders to go into that line of business as it is today. It is because of the peculiar nature of the business. Very frankly, the young native will not take to .this line of work. He does not take to it. He does not like it, and he will not do it. That has been our experience, and for that reason I may say our herds in the West have been cut down very materially.

Mr. HENDRICKSON. Mr. President, if the Senator will yield, on the basis of the admission that the man is a sheep herder I should be opposed to the bill. That is clearly discriminatory. If we are going to admit the people into this country merely because there seems to be a need in some specialized field, I think it is quite discrfminatory against the admission of other people. On that basis I should oppose the bill, even though the Department of Justice had not opposed it. I object.

The PRESIDING OFFICER. On objection, the bill will be passed over.

MARGITA KOFLER

The Senate proceeded to consider the bill <S. 317) for the relief of Margita Ko:fier, which had been reported from the Committee on the Judiciary, with an amendment, on page 1, line 9, after the word "residence". to insert a comma and the words "upon the payment by her of the visa fee and head tax". so as to make the bill read:

Be it enacted, etc., That the Department of Justice be, and is hereby, authorized and directed to record the lawful admission for permanent residence of Margita Kofler, who entered the United States at New York, September 21, 1946, .and that she shall, for all purposes under the immigration and naturalization laws, be deemed to have been lawfully admitted as an immigrant for permanent residence, upon the payment by her cf the visa fee and head tax. Upon the enactment of this act, the Secretary of State shall direct the proper quota-control officer to deduct one number from the Yugoslav quota for the first year said Yugoslav quota ls available.



SADAKO TAKAGI

The Senate proceeded to consider the -bill (H. R. 623) for the relief of Sadako ·Takagi, which had been reported from the Committee on the Judiciary,. with

an amendment, to strike out all after the enacting clause and insert:

That the provisions of the immigration laws relating to the exclusion of aliens inadmissible because of race shall not hereafter apply to Sadako Takagi, the Japanese fiancee of Lt. William M. Marutani, of Chicago, Ill., presently a tubercular patient at the Veterans' Administration Hospital in Waukesha, Wis., and a retired United States Army officer of World War II, and that Sadako Takagi may be eligible for a visa as a nonimmigrant temporary visitor for a period of 3 months: Provided, That the administrative authorities find that the said Sadako Takagi is coming to the United States with a bona fide intention of being married to said Lt. William M. Marutani, and that she is found otherwise. admissible under the immigration laws. In the event that the marriage between the above-named parties does not occur within 3 months after the entry of said Sadako Takagi, she shall be required to depart from the United States and upon failure to do so shall be deported in accordance with. the provisions of rections 19 and 20 of the Immigration Act of February 5, 1917 (U. S. C., title 8, tees. 155 and 156). In the event the marriage between the above-named parties shall occur within 3 months after the entry of said Sadako Takagi, the Attorney General is authorized and directed to record the lawful admission for permanent residence of said Sadako Takagi as of the date of her entry into the United States, upon the payment by her of the required fees and head tax.

The amendment was agreed to. The amendment was ordered to be en

grossed and the bill. to be read a third time.

The bill was read the third time and passed.

GEORGE GABRIEL HERRMANN ET AL.

The Senate proceeded to consider the bill (S. 330) for the relief of George Gabriel Herrmann, Greta <Marketa) Herrmann (wife), and Alice Herrmann

· (daughter), which had been reported from the Committee on the Judiciary, with amendments, on page 1, line 8, after the word "residence", to insert "upon the payment by them of the visa fees and head taxes", and on page 2, line 1, after the word "entry.'' insert the following:

Upon the enactment of this act, the Secretary of State is instructed to direct the proper quota-control officer to deduct two numbers from the Austrian quota for the first year that such quota numbers are available, and to deduct one number from the Czechoslovakian quota for the first year that such quota number is available.

So as to make the bill read: Be it enacted, etc., That in the adminis

tration of the immigration and .naturalization laws, the Attorney General ls authorized and directed to record George Gabriel Herrmann, Greta (Marketa) Herrmann (wife), and Alice Herrmann (daughter), as having entered the United States on January 16, 1947, for permanent residence, upon tl).e payment by them of the visa fees and head taxes. The said George Gabriel Herrmann, Greta (Marketa) Herrmann (wife), and Alice Herrmann (daughter), shall not be subject to deportation by reason of such entry. Upon the enactment of this act, the Secretary of State is instructed to direct the proper quota-control officer to deduct two numbers from the Austrian quota for the first year that such quota numbers are available, and to deduct one number from the Czechoslovakian quota for the first year that such quota number is available.

1949 CONGRESSIONAL RECORD-SENATE 8911' The amendments were agreed to. The bill was ordered to be engrossed

for a third reading, read the third time, and passed. ·

On motion of Mr. HENDRICKSON, the title was amended to read: "for the relief of George Gabriel Herrman, Greta <Marketa) Herrman <wife), and Alice Herrmann (daughter), known also as George Gabriel Herman, Greta Herman, and Alice Herman." .

Mr. McCARRAN. ·Mr. President, I should like to inquire if it is the intention of the Senator from New Jersey to change the name of the claimant?

Mr. HENDRICKSON. No. I wanted to have the name spelled correctly in the bill, the way in which the beneficiary spells his name.

Mr. McCARRAN. Does the Senator have authentic spelling of his name different from that which appears iri the bill?

Mr. HENDRICKSON. I have his name as spelled by himself. I wanted to be sure that the name was correct and the proper person was involved.

The PRESIDING OFFICER. The bill will be ·corrected to conform to the spellfng in the last amendment.

The clerk will call the next bill on the calendar. SALE OF LAND ON WINNEBAGO RESER

VATION, NEBR.

The bill <S. 1330) to authorize the sale of certain allotted inherited land on the Winnebago Reservation, Nebr., was considered, ordered to be engrossed for a third reading, read the third time, and passed, as fallows:

Be it enacted, etc., That the Secretary of the Interior is hereby aqthorized and directed to sell the trust allotment No. 322 of Paul Bighead, deceased Winnebago allottee, described as the northwest quarter of the southwest quarter, section 25, township 26 north, range 6 east, sixth principal meridian, Nebraska, containing 40 acres, conveyance to be made by the issuance of a patent in fee to the purchaser and to distribute the proceeds of such sale among the heirs of the said Paul Bighead in accordance with their respective interests: Provided, That the Secretary shall deduct from the amount payable under this act to any ~uch heir a sum equal to the principal and accrued interest on any unpaid loan charged against such heir.

PUEBLO AND NAVAJO LANDS HELD IN TRUST

The bill <S. 1323) to declare that the United States holds certain lands in trust for the Pueblo Indians and the Canoncito Navajo group in New Mexico, and for other purposes, was announced as next in order.

Mr. HENDRICKSON. Mr. President, I ask that the bill be passed over.

The PRESIDING OFFICER. The bill will be passed over.

Mr. ANDERSON subsequently said: Mr. President, I ask unanimous consent that the Senate return to Order of Business 543, Senate bill 1323. I am quite sure there must be some misunderstanding about the bill.

Mr .. HENDRICKSON. Mr. President, the distinguished Senator from New Mexico has convinced me that there should be no objection to this bill, and I withdraw my objection.

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

There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Interior and Insular Affairs with an amendment, to strike out all after the enacting clause and inser~:

That title to the lands and the improvements thereon, lying and situated within the State of New Mexico, which have been acquired by the United States under authority of title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 200), the Emergency Relief Appropriation Act of April 8, 1935 ( 49 Stat. 115), section 55 of title I of the act of August 24, 1935 ( 49 Stat. 750, 781), the Bankhead-Jones Farm Tenant Act (50 Stat. 522, 525) and subsequent emergency relief appropriation acts administrative jurisdiction over which has heretofore been transferred by the President from the Secretary of Agriculture to the Secretary of the Interior, to be administered through the Commissioner of Indian Affairs for the benefit of the Indians, by Executive Orders Nos. 7792, 7975, 8255, 8471, 8696, and 8472 and that title to the public domain lands and improvements thereon, lying and situated within the State of New Mexico, which were withdrawn in aid of proposed legislation by the Secretary of the Interior on December 23, 1938, and May 31, 1939, and now .in use by Pueblo or Canoncita Navajo Indians, excepting those portions thereof used by the United States for administrative purposes, is hereby declared to be in the United States of America in trust for the respective tribes, bands, or groups of Indians occupying and using same as a part of their respective existing reservations, subject to valid existing rights. The remainder of the aforesaid land is hereby declared to be a part of the public domain of the United States and shall be transferred by the Secretary of the Interior to the Bureau of Land Management for administration under the provisions of the act of Congress of June 28, 1934, generally known as Taylor Grazing Act (48 Stat. 1269, as amended). The boundaries and descriptions of the areas to become Indian lands and those which are to be transferred to the Bureau of Land Management are set out in sections III and IV, respectively, of the memorandum of information which is attached to and a part of the report of the Secretary of the Interior to the Senate Committee on Interior and Insular Affairs on S. 1323, Eighty-first Congress, first session, and such poundaries and descriptions are hereby adopted as part of this act and shall be published in the Federal Register.

SEC. 2. For the purpose of consolidation of Indian lands the 3ecretary of the Interior is hereby · authorized, under such regulations as he may prescribe, to exchange any lands or interests therein, including improvements and water rights with the consent of the Pueblo or Navajo tribal authorities for other lands, water rights, and improvements of similar value in the area set apart for the Pueblos and Canoncito Navajos or in the areas hereby declared to be public domain or within any public domain within New Mexico. Title to all lands acquired under the provisions of this act shall be taken in the name of the United States in trust for the respective Pueblo Indians and the Navajo Canoncito group.

SEC. 3. The lands for each Pueblo or Navajo group shall be administered the . same as other trust or restricted Indian lands, subject to regulations prescribed by the Secretary of the Interior !or the protection and conservation of the soil, proper utilization of the land, and other purposes.

SEC. 4. ·The funds now on deposit in the United Pueblos Agency in "special deposits" which have accrued from issuance of livestock-crossing permits and fees collected fOF

grazing permits on the lands which have been under the jurisdiction of the Department of the Interior shall be expended or disbursed for the benefit of the Indians under such rules and regulations as the Secretary of the Interior may prescribe.


for a third reading, read the third time, and passed;

BILI..'3 PASSED OVER

The bill <S. 1407) to pi:om·ote the rehabilitation of the Navajo and Hopi Tribes of Indians and the better utilization of the resources of the Navajo and Hopi Indian Reservations and for other purposes was announced as next in order.

Mr. HENDRICKSON. Mr. President, I ask that the bill be passed over.

The PRESIDING OFFICER. The bill will be passed over. FIRST, SECOND, AND THIRD NATIONAL

STEAMSHIP COS.

The bill <S. 784) for the relief of the First, Second, and Third National Steamship Cos. was announced as next in order.

Mr. JOHNSTON of South Carolina. Mr. President, I object.


Mr. McCARRAN subsequently said: Mr. President, I ask unanimous consent to revert to Calendar 542, Senate bill 784. The Senator from Rhode Island [Mr. McGRATH] is now on the floor. The bill has been before the Congress for some time and a very ·careful study was made of it by the subcommittee of which the Senator from Rhode Island was chairman.

Mr. McGRATH. Mr. President, I shall be glad to explain the bill as well as I can.

The PRESIDING OFFICER. The consideration of the bill has already been objected to.

Mr. McCARRAN. It was C'bjected to by the Senator from South Carolina [Mr. JOHNSTON].

Mr. JOHNSTON of South Carolina. Mr. President, I noticed the amount of money involved, and I certainly wanted to look into it before I agreed that $384,-000 should be given away.

Mr. McGRATH. Mr. President, if the Senator will withhold his objection, I shall try to explain the bill. ·

Mr. JOHNSTON of South Carolina. I withhold my objection. Mr~ McGRATH. The amount is

large; but, by the same token, the injustice which is being done to the claimant is correspondingly large. It is an injustice on the part of the Government which has continued over a long period of time. The claim has been before the Congress, I believe, on four different occasions, and on at least three of them both Houses have acted, but at another time there was action by one . House. The claim has gone to the Presiident on several occasions, but it has been vetoed each time because a mistaken concept of what was involved. It is a complicated matter. The finding on all occasions was that the money is improperly held by the Governm.ent from those who are the stockholders of the First, Second, and Third National Steams~ip Cos.

8912 CONGitESSIONAL RECORD-SENATE JULY 6 The subcommittee and the full Com

mittee on the Judiciary, in the present Congress, went into the claim very . thoroughly and were unanimously of the opinion that the money should be promptly refunded to the companies. -

The claim goes back to the early 1920's, when the then Shipping Board established a fleet corporation for the operation of American merchant vessels. It entered into a contract with one Schundler for the operation of three vessels. In the fulfillment of the contract Schundler organized what was to be known as the First, Second, and Third. National Steamship Cos., placing one of these vessels in each of the said companies. He was required to put up a cash bond for the faithful performance of the terms of his contract. Up to that time the Fleet Corporation had not been able to operate a single United States vessel under the American flag without a tremendous loss. Schundler was then regarded as one of the outstanding fleet operators, and he made a contract with the Government whereby, if he were given the ships and were permitted to operate wherever he cared to sail them, he would guarantee to operate them without loss to the Government. The Government was to bear certain of the costs, namely, the normal costs involved, and Schundler was to bear all the operating costs, including the cost of the crews, the operating expenses, and so forth. Under his management the ships made nine trips with cargoes.

There was an agreement entered into at the time he took over providing that the Fleet Corporation might, at some future time, permit him to purchase the vessels, or it might decide to take them back. He performed his contract in full. The Corporation decided, at the end of nine trips, that it wanted to take the vessels back, not because of any fault of Mr. Schundler or his companies. ·

Thereafter there was an audit of the books, and it was determined that he had operated the vessels not only without loss to the Government, but with some profit to his own companies. That profit was later reduced to rather an insignificant amount when he was farced to pay income taxes upon it. There was then a great deal of controversy concerning the final accounting that should be made. Several audits were made. Time was passing. There were various changes in the law with respect to who had charge of the Maritime Commission. Each of the changes necessarily delayed the settlement of the case. It finally reached a situation in which no agency of the Government seemed to have authority to turn over to Schundler the amount of the cash bond he had given for the faithful performance of his contract. ·There came a time when there was turned back to him $250,000 of the amount of the bond, the balance being held against a possible settlement of the issues in the courts. The case went through the courts, and it was determined that he had faithfully fulfilled the terms of his contract. The court's opinion said there was no breach of contract whatsoever, and indicated that he was entitled to receive his money, but because of some jurisdictional prob-

lem there was no authority to enter the order.

Congress again changed the law, taking the authority of the Maritime Commission out of one agency and placing it in the hands of another, leaving the new agency without authority to refund the amount due.

The PRESIDING OFFICER. The time of the Senator from Rhode Island has expired.

Mr. WHERRY. Mr. President, will the Senator yield on my time?

Mr. McGRATH. I yield. ·Mr. WHERRY. What. court made

that decision? Mr. McGRATH. The Court of Claims. Mr. WHERRY. On what basis was

the finding made? Mr. McGRATH. The matter was

taken to court for an accounting. Mr; WHERRY. Is it correct that there

was no legal action? Mr. McGRATH. There was no legal

action by which judgment could be obtained.

The language of the reports of previous Congresses and of eminent Senators who have examined into the matter is exceedingly strong, that the case stands out as one of the great injustices done to an American by withholding a vast amount of money from him. As r. matter of fact, the money represents practically his entire estate. It has been held by our Government since 1920. The mart is not claiming any interest; he is claiming only the principal. The courts have determined that he faithfully performed his contract and that he is entitled to this refund.

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

Mr. McCARRAN. Mr. President, let me say, in keeping with what the Senator from Rhode Island has stated, that this item has been kept in a separate account in the Treasury of the United States, and has never been covered into the Treasury because it was always considered, and must have always been considered, that this man was entitled to the return of his money, and that some day it would be returned.

Mr. McGRATH. That is correct. Mr. GURNEY. Mr. President, my

purpose in rising was in order to give a little more time to the Senator from Rhode Island, but I wish to make the statement that Mr. Schundler, who is from my State, came to me about 2 years ago with this problem. I made a study of it at that time, but because he had moved to New Jersey I contacted the Senator from New Jersey [Mr. SMITH], who went over it carefully and was the sponsor of the bill before the committee last year, when the committee acted favorably on the claim. It passed the Senate last year, I believe.

Mr. McGRATH. The Senator is correct.

Mr. GURNEY. I have since then not had time to bring myself up to date on the details, but I did read the report, and I am convinced that this money has · been withheld too long, and that Congress should pass the bill and place the money back where it belongs.

Mr. JOHNSTON of South Carolina. Mr. President, I withdraw my objection.

Mr. HENDRICKSON. Mr. President, I am heartily in f arvor of the bill. The claimant is a resident of my own State, and I think there is great merit in the measure. But I wonder if the distinguished Senator from Nevada would object to the inclusion of an amendment, which is rather standard in bills of this kind, limiting the attorney's fee.

The PRESIDING OFFICER. The clerk will state the amendment offered by the Senator from New Jersey.

The LEGISLATIVE CLERK. On page 2, line 12, after the word "Corporation", is is proposed to strike out the period, insert a co.Ion, and the following proviso: "Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to any agent or attorney on account of the services rendered-in connection with this claim, and the same shall be unlawf.ul, any contract to the contrary notwithstanding. Any person violating the pro-

, visions of this act .shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."

Mr. McCARRAN. Mr. President, I am very much in favor of the amendment. The reason why we did not insert the amendment in the committee was that this man had been acting as his own attorney for years.

The PRESIDING OFFICER. The question is on agreeing to the amendment.

The amendment was -agreed to. The bill was ordered to be engrossed


The bill, as passed, is 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, jointly or severally to the First National Steamship Co., the Second National Steamship Co., and the Third National Steamship Co., corporations organized and existing under the laws of the State of New Jersey, as the balance of the refund to said companies and as reimbursement to said companies, the amount of $384,256.26, being the balance on account of certain sums deposited by or on behalf of those companies in the year 1920 with the United States Shipping Board and/or United States Shipping Board Emergency Fleet Corporation and on account of certain further sums expended by said companies for and on behalf of the United States Shipping Board and/or the United States Shipping Board Emergency Fleet Corporation in the year 1920 in connection with the vessels Independence; Hoxie, and Scottsburg, then owned by the United States Government and/or the United States Shipping Board and/or the United States Shipping Board Emergency Fleet Corporation: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to any agent or attorney

.on account of the services rendered in connection with this claim, and . the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof sh~ll be fined in any sum not exceeding $1,000.

BILLS PASSED OVER

The bill <H. R. 4584) to authorize the purchase of additional farming land for

1949 CONGRESSIONAL RECORD-SENATE 8913 Leavenworth Penitentiary was announced as next in order.

Mr. HENDRICKSON. Mr. President, I object, by request.


The bill <H. R. 3946) to promote the national defense and to contribute to more effective aeronautical research by authorizing professional personnel of the National Advisory Committee for Aeronautics to attend accredited graduate schools for research and study was announced as next in order.

Mr. HENDRICKSON. Mr. President, I offer objection to this bill, by request.

The PRESIDING OFFICER. The bill will be passed over. INCREASE IN SALARIES OF JUDGES IN

THE DISTRICT OF COLUMBIA

The lbenate proceeded to consider the bill <H. R. 3901) to increase the salaries of the judges of the Municipal Court of Appeals for the District of Columbia and the Municipal Court for the District of Columbia, which had been reported from the Committee on the District of Columbia with an amendment to strike out all after the enacting clause and insert:

That the salary of the judges of the Municipal Court of Appeals for the District of Columbia authorized by the act approved April 1, 1942 (56 Stat. 191, 194, D. C. Code, title XI, secs. 753 and 771), is hereby increased SO that the salary Of the chief judge . of the Municipal Court of Appeals for the District of Columbia shall be $14,500 per annum and the salary of each associate judge shall be $14,000 per annum; the salary of the chief judge of the Municipal Court for the District of Columbia shall be $13,500 per annum and the salary of each associate judge shall be $13,000 per annum.

SEC. 2. Section 2 of said act of April 1, 1942, is amended by striking out the words "The salary of the chief judge shall be $8,.500 per annum and the salary of each associate judge shall be $8,000 per annum" and substituting in lieu thereof the following: "The salary of the chief judge shall be $13,500 per annum and the salary of each associate judge shall be $13,000 per annum."

SEC. 3. Section 6 of said act of April 1, 1942, 1s amended by striking out the words "The salary 01 the chief judge shall be $9,500 per annum and the salary of each associate judge shall be $9,000 per annum" and substituting, in lieu thereof the following: "The salary of the chief judge shall be $14,500 per annum and the salary of each associate judge shall be $14,000 per annum."

The amendment was agreed to. The amendmeht was ordered to be en

grossed and the bill to be read a third time.


COUNSEL FEES IN MARYLAND SENATORIAL CONTEST

The resolution <S. Res. 127) to pay counsel fees incurred in the Maryland senatorial contest in 1947 was considered and agreed to, as follows:

Resolved, That the Committee on Rules and Administration be authorized to expend from the contingent fund of the Senate $35,313.37 for the payment of counsel fees incurred in carrying out the duties imposed upon it by subsection (0) (1) (D) of rule XXV of the Standing Rules of "the Senate to consider the question whether Mr. HERBERT R. O'CoNOR was entitled to retain his seat in the Senate to which he was elected for the term beginning January 3, 1947.

STOPPAGE OF PAYMENT ON CERTAIN NEGOTIABLE INS'EWMENTS IN THE DISTRICT OF COLUMBIA

The Senate proceeded to consider the bill <H. R. 2104) relating to orders to banks doing business in the District of Columbia to stop payment on negotiable instruments payable from deposits in or payable at such banks, which had been reported from the Committee on the District of Columbia with amendments.

The amendments were on page 2, line 1, after the word "payable", to insert a colon and the following proviso: "Provided, however, That any stop-payment order transmitted by telephone to an officer of the bank upon which the instrument has been drawn shall be accepted as an effective notice for a period of 24 hours, after which time it shall no longer be valid unless followed by a written order as otherwise provided herein."

On page 3, after line 14, to strike out: SEC. 5. Any bank or trust company that

pays a check or other instrument drawn by or against the account of a depositor, the payment of which has been ordered stopped, and the order is still in effect, as herein provided, shall be responsiple to the person who so ordered the payment thereof stopped for the actual loss incurred by such person because of the payment by such bank or trust company of such check or other instrument.

And in lieu thereof to insert the following:

SEc. 5. Any bank or trust company that pays a check or other instrument drawn by or against the account of a depositor, the payment of which has been ordered stopped, and the order is still in effect, as herein provided, shall be responsible to the depositor for the amount thereof. When restored to such a depositor, the bank shall be subrogated to any benefits receivable, or amounts recoverable, by the depositor but shall pursue its remedy at its own expense.

Mr. HENDRICKSON. Mr. President, I should like to offer an amendment to the bill which I think will improve the language and clarify it. It is really a perfecting amendment.

The PRESIDING OFFICER. The question is first on agreeing to the amendments of the committee.

The amendments were agreed to. The PRESIDING OFFICER. The

clerk will now state the amendment offered by the Senator from New Jersey.

The LEGISLATIVE CLERK. It is proposed to amend, on page 1, line 10, after the word "relates", to insert "by stating the amount of the item upon which payment is to be stopped, the date thereof, and the name of the payee"; and on page 2, line 4, after the word "accepted", to insert "by the bank upon such identification that will insure the order has been transmitted by its depositor."

The amendments were agreed to. 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: CUMULATIVE LEAVE FOR SCHOOL TEACH

ERS AND OTHERS IN THE DISTRICT OF COLUMBIA

The Senate proceeded to consider the bill <H. R. 4381 > to provide cumulative sick and emergency leave with pay for teachers and attendance officers in the

employ of the Board of Education of the District of Columbia, and for other purposes, which had been reported from the Committee on the District of Columbia with an amendment, on page 2, line 2, after the word "exceed", to strike out "sixty" and insert "ninety"; and in line 21, after the word "exceed", to strike . out "sixty" and insert "ninety."

Mr. CAIN. Mr. President, I should like to offer a perfecting amendment.

The PRESIDING OFFICER. The committee amendment will be first acted on. The question is on agreeing to the amendment of the committee.

The amendment. was agreed to. The PRESIDING OFFICER. The

clerk will state the amendment offered by the Senator from Washington.

The LEGISLATIVE CLERK. It is proposed on page 1, line 6, after the word "or", to insert "other", and in line 7, · after the word "pressing", to insert "personal."

Mr. McGRATH. Mr. Pr.esident, will not the Senator explain the amend-· ment?

Mr. CAIN. Mr. President, it has been suggested that by the very nature and purpose of the bill it is implicit that the emergency which is the condition precedent to the leave is an emergency of a personal nature of the teacher involved. The present wording of the bill does not relate the present emergency to the teachers' entitlement to the leave. It is the opinion of the junior Senator from Washington that the amendment offered would merely clarify and provide greater protection for the rights of the teachers.

Mr. McGRATH. I have no objection. The PRESIDING OFFICER. The

question is on agreeing to the . amendment offered by the Senator from Washington.

The amendment was agreed to. Mr. CAIN. Mr. President, I wonder if

the Senator from Rhode Island would permit me to ask him two questions. First, will the Senator explain why the Senate Committee on the District of Columbia amended the bill to provide that teachers may cumulate their leave with pay up to 90 days, when the sponsors of the bill, the District Board of Commissioners, recommended a maximum accumulation of leave for only 60 days?

Mr. McGRATH. It was so as to have the teachers' bill conform with the general statute.

Mr. CAIN. The second question, which is in two parts, is as follows, and I ask this question because of the joint concern of many of us as to where moneys are to come from in the future to satisfy the budget requirements of the District of Columbia. Since it is understood that the annual cost of this legislation will be about $188,000 under the 60-day provision, how much will the 90-day provision of the amended bill increase the annual cost of the legislation?

Mr. McGRATH. I am sorry, I cannot answer the Senator's question.

Mr. CAIN. What will be the total additional cost to take care of the 90 days of accumulated pay of the teachers?

Mr. McGRATH. I cannot answer the Senator's question.

8914 CONGRESSIONAL RECORD-'SENATE JULY 6 Mr. CAIN. I merely desired to draw

the attention of interested Senators to the fact that under the· 60-day prov.ision recommended by the Board of District Commissioners the cost for retroactive benefits would approximate $380,000; and if I understood the Senator from Rhode Island correctly, he said that the committee increased the 60-day recommendation to 90 days only in order to have the 90 days for the District em-· ployees conform to the practice fallowed in Federal agencies.

Mr. McGRATH. That is my under-standing.

The PRESIDING · OFFICER. The question is on the engrossment of the amendments and the third reading of the bill.

The amendments were ordered· to be engrossed and the bill to be read a third time.

The bill <H. R. 4381) was read the third ~ime and passed. _ APPOINTMEN'I' OF CONTRACTING OFFI

CERS IN THE DISTRICT OF COLUMBIA .

The bill <S. 1918) to authorize the Commissioners of the District of Colum-bia to appoint contracting officers to make contracts in amounts not exceeding $5,000, was announced as next in order.


Mr. CAIN. Mr. President, reserving the right to object, I wonder if we may have an-explanation as to why the figure as finally agreed to was reduced from $5,000 to $3,000.

Mr. FREAR. I can explain to the Senator why the reduction from $5,000 to $3,000 was made. There have been · only a small number of such contracts issued during the :r-ast year. It was felt ~hat if we reduced the amount to $3,000 it ·would at least take the majority of the contracts over the hump, so it would afford relief to the personnel, and that therefore it would not be necessary to hire additional personnel. ~r. CAIN. I thank the Senator. The PRESIDING OFFICER. Is there


There being no objection, the Senate proceeded to consider the bill (S. 1918) to authorize the Commissioner~ of the District of Columbia to appoint contracting of1icers to make contracts in amounts not exceeding $5,000, which had been reported from the Committee on the District of Columbia with an amendment on page 1, line 8, after the word "thereof", to strike out "$5,000" and insert "$3,000", so as to make the bill read:

Be it enacted, etc., That the first paragraph of section 2 of the act entitled "An act to grant additional powers to the Commissioners of the District of Columbia, and for other purposes," approved December 20, 1944 (58 Stat. 821, 822), is amended by striking out therefrom "$1,000" and inserting in lieu thereof "$3,000."


for a third reading, read the third time and passed. · '

The title was amended so as to read: "A bill to authorize the Commissioners of· the District of Columbia to appoint

contracting officers to m·ake contracts iri amounts not exceeding $3,000." INCREASED PENSIONS FOR WIDOWS AND

'. CHILDREN' OF -DECEASED MEMBERS ' AND RETIRED MEMBERS OF. THE PO

LICE AND FIRE DEPARTMENTS OF THE DISTRICT

The bill <H. R. 2021) to provide increased pensions for widows and children of deceased · members and retired members of the Police Department and the Fire Department of the District of Columbia, was announced as next in order.

Mr. CAIN. Mr. President, reserving the right to object, I wonder if the Senator from Rhode Island will explain the bill. The bill, as I understand it, would provide $125 a month for widows and $25 a month for each dependent child.

Mr. McGRATH. That is correct. Mr. CAIN. Will the Senator tell us

what the present benefits are? Mr. McGRATH. Seventy-five dollars

to the widow am.: $10 to each child. · Mr. CAIN. Would the Senator indicate how the benefits proposed under this bill compare witl1 benefits paid to widows and children of deceased policemen and firemen of comparably large cities throughout the country?

Mr. McGRATH. The evidence before our committee was to the effect that the benefits in the District of Columbia were considerably lower than the benefits paid throughout the country. Payments are made out of the pension funds, to which c0ntribution is made by the firemen and policemen. · Mr. CAIN. I thank the Senator.

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

There being no objection, the Senate proceeded to consider the bill <H. R. 2021) to provide. increased pensions for widows and children of deceased mem..: bers and retired members of the Police Department and the Fire ·Department of the District of Columbia, which had beenreported from the Committee on the District of Columbia with amendments, on pa·ge 2, after line 17, to insert a new section 2, as follows:

SEC. 2. The fifth paragraph of section 12 of the act of September 1, 1916 (D. C. Code, 1940 ed., sec. · 4-509), is amended to read as follows: "The Commissioners of the District of Columbia are authorized to pay from the said policemen and firemen's relief fund, District of Columbia, a sum not exceeding $500 in any one case to defray the funeral expenses of any deceased member of the Police Department or the Fire Department of said District dying while · in the ·service thereof. In any . case in which the d·eath of any member of the Police Department or the Fire Department of the District results directly from an accident or an injury incurred in line of duty an additional sum of $1,000 shall be paid by the Commissioners from such relief fund to the estate of the deceased member."

On page 3, line 7, to change the section number from "2" to_ "3"; in line 23, to change the section number from "3" to "4"; and on page 4, line 4, to change the section number from "4" to "5."


engrossed and the bill to be read the third time.

The ·bill was read the third time and passed. CONVEYANCE OF CERTAIN LANDS TO

THE C~TY AND ' COUNTY OF SAN FRANCISCO-BILL PASSED OVER

The· bill <S. 862) authorizing the Secretary of the Ar.my to convey certain· lands to the city and county of San Franciso was announced as next in order.


Mr. HENDRICKSON. Mr. President reserving the right to object, I think thi~ is one of the bills respecting which we should be .careful. I ·have prepared an amendment requiring the certification of the governor ·of the State as to the need· of these lands before the grant becomes effective under the terms of the bill. I send the amendment to the desk and ask that it be stated.

The PRESIDING OFFICER. The bill has not yet been taken up· for consideration, but the amendment will be stated for the information of the Senate.

The LEGISLATIVE CLERK. On page 3, line 2, it is proposed to strike- out the period and insert in lieu thereof a colon and add the following: "Provided, That such grant shall not be effective until the 'Governor of the State of California shall certify in writing to the Secretary of De·fense that such land is needed by the State of California for the purpose of a ~ite for a National Guard armory and for ~raining the National Guard or for other related military purposes and that such land is suitable for such purposes."

Mr. KNOWLAND. Mr. President, Senate bill 862 and Senate-bill 863 Calendars ·Nos. 557 and 558, respectively, should be considered more or less to-· gether: They were unanimously reported by the Committee on Armed Services. Senate bill 863 provides that the Palace of Fine Arts, which was originally built as a part of the Panama-Pacific Exposition in 1915, and which was in 1925 ceded to the . city of San Francisco by a Federal statute, and later reclaimed during the war period, should be turned over to the city and county of San Francisco for use as a National Guard armory in conformity with plans and arrangements which have been worked, out with Gen. Mark

. Clark, commander of the Sixth Army in San Francisco. The State has agreed that the facilities of the State National Guard armory shall also be made available to the Reserve components of the United States armed forces. So that I think will be very beneficial to the National Defense Establishment as such.

The preceding bill, Senate bill 852, Calendar No. 557, relates to 42 acres of land in what formerly was Fort Funston which originally consisted of about 242 acres. Two hundred and twenty acres already have been allotted and turned over to the Veterans' Administration for the building of the neuropsychiatric hospital for veterans. A portion of the 42 acres of land immediately adjoining that is to be used also for a National Guard armory. There were put into this bill a large number of reservations protecting the interests of the Federal Government and providing that if at any time the citY and county of San Francisco cannot

1949 CONGRESSIONAL RECORD-SENATE comply with the long list of items which they must provide for, then the property would revert back to the Federal Gov-ernment. .

. Mr. MORSE. Mr. President, reserving the right to object, I wish to ask the Senator from California a couple of questions about the two bills_. It is my understanding that Senate Bill 862 contains not only a provision for an armory for California, · but also contains a provision that certain acreage shall be_ turned over to the County of San Francisco for park purposes. Am I mistaken? .

Mr. KNOWLAND. The Senator is correct. · · · .

Mr. MORSE. When this _ac:eage .1s taken ovet for park purposes it is ~?t m any way being used for any mihtary purposes, is it?

Mr. KNOWLAND. It might be used for training purposes, but the actual building of the armory is on a smaller area; 7 acres, as I remember.

Mr. MORSE. The actual acreage which is to be used for park purposes will be for the benefit of the citizens of that community? ·

Mr. KNQWLAND. That is correct. Mr. MORSE. Mr. President, I _do not

have any objection to Senate bill 863, Calendar No. 558, because in my judgment the land involved is limited entirely to military purposes, but I must necessarily object to the other bill.

Mr. KNOWLAND. Will the Senator withhold his objection for a moment? .

Mr. MORSE. Will the Senator permit me to explain my objection, and then I shall withhold. it.

Mr. KNOWLAND. Yes. Mr. MORSE. I must necessarily ob

ject to the transfer of Federal property to a local government or any other organization for purely park purp~ses, on the same basis that I have consistently objected to such transfer of Federal property for park purposes in the past. I think in t~is instance the peopl~ of the United States are_ entitled to receive from the people of California at least 50 percent of the fair value of the property as appraised by the Government department which has jurisdiction and control over the property. With respect to whateyer acreage goes for park purposes I thi~k California should pay . 50 percent of its fair market appraised value.

Mr. KNOWLAND. Will the Senator withhold his objection?

Mr. MORSE. I withhold it. Mr. KNOWLAND. Mr. President, if

the Senator from Oregon will secure a copy of Senate bill 862 he will find the following deed of conveyance set forth in the bill:

a. That the United States shall reserve to itself the right to use and occupy for so long as ls necessary all those living quarters a~d appurtenances thereto now located withm the area to be conveyed, togetl}er with the free and full right of ingress to and egress from said quarters. .

- b. That the city and county of San. Francisco shall grant to the State of Cal1forn~a the use for a period· of 99 years, of approximately '7 acres of the land herein provided for conveyance for the purpose of erection thereon by the State of California of National Guard facilities.

· c. That there shall be reserved . to the United States the existing water lines run-

XCV--562

ning through the property for so long as the use thereof may be required.

d That there shall be reserved to the United States, for use by the Veterans' Administration, a 25-foot easement along the easterly portion of the propert~, the exact location of which to be determmed by the city and county of San Francisco, the Department of the Army, and the Veterans' Administration.

e. That there shall be reserved to the United States such additional ea~ements, of whatsoever nature, as may be determined necessary by the· Secretary of the Army.

f. That there shall be reserved to t~e United States all interest in and to any 011, mineral, or fissionable material in said land.

g. For such other terms, conditions, restrictions, and reservations as the Secretary of the Army shall deem necessary to protect the interests of the United States.

SEC. 3. In the event of . breach by the grantee o! any of the terms, conditions, restrictions, and reservations contained in said deed or if the property authorized for conveya~ce by section 1 of tliis act is used for any purpose other than mentioned in _this act, then title to the property shall revert to the United States and, in addition, all improvements made by the city and county of San Francisco or the State of California shall vest in the United States without payment of compensation therefor.

I think those extenuating circumstances might have some influence on the Senator in withholding his objection.

Mr. MORSE. Mr. President, reserving the right to object, my reply is that all those reservations are very fine. I approve of them. However, they are similar to reservations which have been made in connection with other transfers of Federal land for park purposes. The only point I make is that I do not believe we can justify transferring to a State, municipal, or county government Federal property to be used primarily for park purposes without any cost to the taxpayers of the particular area. In my

· judgment, it is very easy to determine how much of the property which is to be transferred in this bill is actually to be used· for park purposes, for the benefit pr.imarily of the citizens of California. Whatever amount that is, I think 50 percent of the fair market value of such property, as appraised by the Federal Government agency which has jurisdiction av.er the property, should be paid for the property. In the interest of consistency on this poi!\t, I must insist that, as to that particular acreage, an amendment which I always offer in such cases be affixed to this bill.

Mr. KNOWLAND. Mr. President, will the Senator withhold his objection so that I may make one further statement?

Mr. MORSE. Certainly. Mr. KNOWLAND. I understand that

the Senator intends to object. As a member of the War Investigating

Committee 2 years ago, the Senator from California had the opportunity of seeing, in a great many areas of the world, including islands in both the Atlantic and Pacific, and in European and Asiatic countries, areas on which th~s Government had spent large sums of money on Federal establishments which were turned over to foreign governments without any quid pro quo. It seems to the junior Senator from California that the highest possible use to which some of the surplus property of this type could

be put would be for the benefit of the men, women, and children of the area who, after all, as Federal. taxpapers have once paid for it, particularly when the property is not to be commercially salable, but, under the terms of the grant, must be· preserved for public use.

Mr. MORSE. Reserving the right to object, I certainly concede tha:t there is great merit in the argument Just made by the Senator from California. There is no doubt about the fact that we can point to instance after instance in which the Federal Government has, in my judgment, been guilty of giving away property belonging to all the people of the country without reasonable compensation therefor.

As an individual Senator I find myself in this position: Unless we are going to adopt the theory tha,t two wrongs make a right, I shall continue to insist, to the extent I can within my power, so far as my rights in the. Senate are concerned, upon requiring in such cases as this the amendment to which I have referred._ .In this instance; so far as the proposed armory }Jroperty is concerned, the principal use is military. But the property covered in the bill which is to be used for park purposes should be paid for at least to an amount equal to 50 percent ·of its market value.

I want to say to my good friend from California that I arr. satisfied if he will accept my amendment as to the acreage to be used for park purposes, he will find that the payment will be exceedingly small, compared with what the people of California will get from the total amount of property involved in the bill. Therefore if the Senator from California will acc~pt my amendment, which provides that the part of the property to be used for park purposes shall be paid for to the amount of 50 percent of the fair-market value of such property as appraised by the Federal Government agency which has jurisdiction over the property, I shall not object. In the absence of the acceptance of such an amendment, I must object.

Mr. KNOWLAND. Mr. President, would the Senator object to the bill if it were limited to the 7 acres on which the armory itself is to be erected?

Mr. MORSE. I shall not object to the transfer of such property as is to be used for armory purposes, because I take the position that the National Guard is, after all, carrying out a very definite Federal function so far as our Military Establishment is concerned.

The PRESIDING OFFICER. The bill will be passed over. CONVEYANCE OF CERTAIN LANDS TO THE

CITY OF SAN FRANCISCO

The Senate proceeded to consider the bill CS. 863) authorizing the Secretary of the Army to convey certain lands to the city and county of San Francisco, which had been reported from the Com.mittee on Armed Services with an amendment, to strike out all after the enacting clause and insert:

That the Secretary of the Army is authorized and directed to convey by quitclaim deed to the city and county of San Francisco, subject to the conditions provided for in sectiOn 2 of this act, the following-described

8916 CONGRESSIONAL RECORD-SENATE JULY 3 land in the city and county of San Francisco, State of California, together with . all improvements thereon, included within metes and bounds as follows:

Commencing at a point on the westerly line of Lyon Street, distant thereon five and seventeen one-hundredths feet southerly from the northerly line of Bay Street, if extended and produced westerly, and running then~e northerly along the westerly ~ine of Lyon Street one thousand one hundred and ninety-six and eighty one-hundredths feet; thence southwesterly on a curve to the left of six hundred and twelve feet radius, central angle one hundred and fifty-five degrees forty-seven minutes and fifty seconds, tangent to a line deflected one hundred and .two degrees six minutes and five seconds to the left from the pr~cedlng course a distance of one thousand six hundred and sixty-four and thirteen one-hundredths feet to the westerly line of Lyon Street and the point of commencement, containing nine and ninetythree one-hundredths acres, more or less.

SEc. 2. The deed of conveyance authorized by the first section shall provide that the grantee--

( 1) shall not hereafter amend or rescind Ordinance No. 7531 (new series) duly passed by the board of supervisors o~ such city and county (permitting the United States to construct, maintain, and operate in perpetuity a spur track railroad); ·

(2) shall convey to the United States perpetual rights of ingress and egress across the property as now enjoyed by the United States;

(3) shall permit the use of the main building situated on the property described in section 1 of this act by the State' of California for National Guard purposes. In the event that the grantee shall fail to conform to such conditions, the deed of conveyance s;tiaU cease to be of force and effect and all rights enjoyed by the United States prior to the ~nactment of this act shall again accrue to the United States.

Mr. HENDRICKSON. Mr. President, I offer the amendment which I send to the desk and ask to have stated. It is to the same effect as the amendment which I sent to the desk in connection with Calendar 557, Senate bill 862.

Mr. KNOWLAND. Mr. President, I shall not object, inasmuch as the Senator from New Jersey has apparently offered such an amendment in connection with other bills, and says that he will offer such .an amendment to all similar bills.

The PRESIDING OFFICER. The amendment offered by the Senator from New Jersey will be stated.

The LEGISLATIVE CLERK. It is prOPosed to strike out the period in line 5 on page 4 of the committee amendment, and insert in lieu thereof a colon, and the following:

Provided, That such permission shall not be effective until the Governor of the State of California shall certify in writing to the Secretary of Defense that such land is needed by the State of California for the purpose of a site for a National Guard Armory and for training the National Guard for other related military purposes, and that such land is suitable for such purposes.

The PRESIDING OFFICER. The question is on agreeing to the amendment offered by the Senator from New Jersey [Mr. HENDRICKSON] to the committee amendment.

The amendment to the amendment was agreed to.

The amendment, as amended, was agreed to.

The bill was ordered to be engrossed for a third reading, read the third time-, and passed. COMM4-NDER EDWARD WHITE RAWLINS

The Senate proceeded to consider the bill (S. 780) for the relief of Commander Edward White Rawlins, United States Navy, which had been reported from the Committee on Armed Services with an amendment, to strike out all after the enacting clause, and insert:

That the Secretary of the Navy is directed to appoint a board of commissioned Naval and Marine Corps officers within 6 months of the date of approval of this act to review the records of commissioned officers on the active or retired list of the Regular Navy and Marine Corps who failed of advancement at any time between June 30, 1942, and August 7, 1947, to determin'e if there was any error, administrative delay, oversight, or injustice that caused the officer concerned to fail of an advancement in grade or rank which would otherwise have been made. The board shall consider all matters of record and receive new matter introduced by atfidavit, deposition or personal appearance of the officer concerned at his own request in order to determine whether or not any error, oversight, administrative delay, or injustice operated to the disadvantage of the otficer concerned and caused a failure of advancement otherwise due. ·

SEC. 2. Upon the determination by the board that an error, oversight, administrative delay, or injustice occurred that substantially prejudiced the officer concerned, the board shall consider, determine, and recommend the grade or rank to which the officer so prejudiced shall be advanced and the date of commission which should be issued in order to restore such otficer to· the pqsition on active duty or on the retired list which he would have occupied but for the error, over:sight, administrative delay, or injustice: Provided, That no advancement to a grade or rank higher than that of captain in the Navy or colonel in the Marine Corps shall be recommended by the board.

SEC. 3. The Secretary of the Navy shall review the recommendations of the board and, in any case approved by him, shall promote such officer, subject to the approval 'of the President in each case, to such grade or rank as the board may recommend and issue a commission with the date of rank recommended by the board. The approval or disapproval of the President in each case shall finally and conclusively determine the rights of otficers concerned: Provided, That no officer who is on the retired list on the date of approval of this act shall be placed on active duty by the operation of tlitl act.

SEc. 4. The pay and allowances of any such officer advanced to a higher grade or rank in accordance with the provisions of this act shall commence on the date of the approval of his case by the President, and shall be the pay and allowances of an officer of similar length of service in the grade or rank to which advanced. Officers advanced in accordance with the provisions of this act, if in excess of the authorized number of the grade to which promoted, shall be carried as extra numbers in that grade.

SEC. 5.' Officers on the active list advanced under the provisions of this act shall be promoted by the Secretary of the Navy only after establishing their fitness for promotion in accordance with sections 1493 and 1496 of the Revised Statutes.



The title was amended so as to read: "A bill to authorize the Secretary of the NavY to review the records of commis-

sioned naval offi.cers who failed of advancement during th~ war, and for other purposes."

REPORTS CONCERNING PROCEEDS OF . SALE& OF CONDEMNED MATERIAL

The Senate proceeded to consider the bill CS. 1'990) to amend section 429, Revised Statutes, as amended, and the Act of August 5, 1882, as amended, so as to eliminate the requirement of detailed annual reports to the Congress concerning the proceeds of all sales of condemned material, which had been reported from the Committee on Armed Services witn an amendment, on page 1, a~ter line 6, to strike out:

SBC. 2. The last sentence of section 2 of the Act of Augl.Jst 5, 1882 (22 Stat. 296), as amended (34 U. S. C. 544), is hereby further amended by deleting therefrom the words "in detail" where they appear therein.

And insert a new section 2, so as to make the bill read :

Be it enacted, etc., That the last sentence of section 429, Revised Statutes, as amended (5 U.S. C. 466), is ~ereby further amended by deleting therefrom the words "or materials" and "and materials" where they appear therein.

SEC. 2. The sixth sentence of section 2 of the act of August 5, 1882 (22 Stat. 296), as amended (34 U.S. C. 544), is amended to read. as follows: "It shall be the duty of the Secretary of the Navy an;riually to file with the Committees on Armed Services in the Congress information as to the proceeds of all · sales of materials, stores and supplies, made under the provisions of this act, and the expenses attending such sales."



The title was amended so as to read: "A bill to amend section 429, Revised

• Statutes, as amended, and the act of August 5, 1882, as amended, so as to substitute for the requirement that detailed annual reports be made to the Congress concerning the proceeds of all sales of condemned naval material a requirement that information as to such proceeds be filed with the Committees on Armed

. Services in the Congress." ELIMINATION OF PREMIUM PAYMENTS IN

PURCHASE OF GOVERNMENT ROYALTY OIL

The bill CS. 1647) to eliminate premium payments in the purchase of Government royalty oil under existing contracts entered into pursuant to the act of July 13, 1946 (30 U. S. C. sec. 192), was announced as next in order.

Mr. LANGER. Mr. President. I object, by request, to the consideration of this bill.

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

Mr. O'MAHONEY subsequently said: Mr. President, when Calendar 561, Senate bill 1647, was called, objection was made by the Senator from North Dakota [Mr. LANGER] on behalf of the Senator from Vermont [Mr. AIKEN]. I have consulted both those Senators since that time, and I understand that their objection has been withdrawn.

Mr. AIKEN. Mr. President, reserving the right to object, I am glad to have the

1949 CONGRESSIONAL RECORD-SENATE 8917_ Senator from Wyoming P-iake an explanation of the bill. The reason I objected was that I did not know what the bill was, because when I reached this Chamber, I found that instead of having the bill files transferred here, they had been transferred to our omces. For that reason, I asked to have action on the bill held up.

I am willing· to listen to the explanation of the Senator from Wyoming, of course.

Mr. O'MAHONEY. I ask unanimous consent that the Senate recur to Calendar No. 561, Senate bill 1647.

Mr. AIKEN. May we have the explanation first?

Mr. O'MAHONEY. I ask that the Senate return to the bill, so that I may make the explanation.

Mr. AIKEN. Very well. The PRESIDING OFFICER. Is there

objection? There being no objection, the Senate

proceeded to consider the bill <S. 1647) to eliminate premium payments in the purchase of Government royalty oil under existing contracts entered into pursuant to the act of July 13, 1946 <30 U. S. C., sec. 192), which had been reported from the Committee on Interior and Insular Affairs, with amendments, on page 1, line 7, after the numerals "1946", to strike out "(30 U. S. C., sec. 192)" and insert "(60 Stat. 533) "; on page 2, line 2, after the word "the", to strike out "refiner" and insert "refinery"; and on page 2, after line 4, to insert:

SEC. 3. The provisions of this act shall apply to all existing contracts for the purchase of Government royalty oil entered into after the approval of said act of July 13, 1946, and prior to the approval of this act, irrespective of whether a determination of preference status was made in connection with the award of sucll contracts, but shall not apply to any such contract which subsequent to its award has been transferred, through the acquisition of stock interests or other transactions, to the ownership or control of a refinery ineligible for a preference under said act of July 13, 1946, and the regulations in force thereun der at the time of such transfer.

SEC. 4. The Secretary of the Interior, upon application by any refiner holding a contract within the purview of this act, and upon a showing of cause satisfactory to the Secretary may, in his discretion, terminate any such contrai:t ln whole or in part.

SEC. 5. No provision of this act shall be const rued as affecting the right of the Sec.retary of the Interior to cancel for cause any contract for the purchase of Government royalty oil in accordance with the terms thereof.

So as to make the bill read: Be it enacted, etc., That in the interest of

encouraging and assisting small-business enterprise in the oil-refining industry no premium payments now required to be made under existing contracts entered into pursuant to the act of July 13, 1946 (60 Stat. 533), to purchase Government royalty oU shall hereafter be paid.

SEC. 2. Any premium payments made under existing contracts between February 1, 1949, and the effective date of this act shall be credited to the account of the refinery making such payments and shall be applied in payment of Government royalty oil purchased under such contracts.

SEC. S. The provisions of this act shall apply to all existing contracts for the purchase of Government royalty oil entered into after the approval of said act of July 13, 1946,

and prior to the approval of this act, irrespective of whether a determination of preference status was made in connection with the award of such contracts, but shall not apply to any such contract which subsequent to its award has been transferred, through the acquisition of stock interests or other transactions, to the ownership or control of a refinery ineligible for a preference under said act of July 13, 1946, and the regulations in force· thereunder at the time of such transfer.

SEc. 4. The Secretary of the Interior, upon application by any refiner holding a contract within the purview of this act, and upon a showing of cause satisfactory to the Secretary, may, in his discretion, terminate any such contract in whole or in part.

SEC. 5. No provision of this act shall be construed as affecting the right of the Secretary of the Interior to cancel for cause any contract for the purchase of Government royalty oil in accordance with the terms thereof. '

Mr. O'MAHONEY. Mr. President, let me say that in 1946 a law was enacted to provide that small refiners not having their own sources of crude petroleum should have a preferred right to purchase Government royalty oil at the market price. That was the understanding of the Committee on Public Lands, which re6ommended the passage of the bill.

However, in the administration of that law the royalty oil was sold at a premium, and in some instances it was sold for a period of 2 or 3 years. The passage of time and the drop in ~he price of crude oil have made . some of these contracts very burdensome to the small nonintegrated refiners for whose benefit the law was enacted.

This amendmen~ merely provides that those premiums shall be canceled. It provides, however., that if any such contract, let on a premium bid, has been assigned to any refiner who does not qualify as a small refiner, the forgiveness of the premium shall not operate.

Mr. AIKLl\T. Mr. President, will the Senator yield?

Mr. O':rA:AHONEY. I yield. Mr. AIKEN. I am interested in the

Senator's use of the word "premium." Mr. O'MAHONEY. That was a price

above the market price. Mr. AIKEN. But I underst.md that

the royalty oils were pu·~ up for bids. Mr. O'MAHO~-EY. That is correct. Mr. AIKEN. I further understand

that the small independent refiners and the cooperatives found themselws unable to. get the royalty oil--

Mr. O'MAHONEY. Unles~ they bid up to the price the big fellows put on.

Mr. AIKEN. That is .correct; and the big fellows would bid well above the market price, in order to keep the little fellows from getting the 0il. Is that what the Senator from Wyoming means by his use of the word "premium"?

Mr. O'MAHONEY. That is what I mean by "premium."

Mr. AIKEN. In other words, more than the oil was worth on the market; is that the Senator's meaning?

Mr. O'MAHONEY. Well, it was a price that people were willing to pay at that time of great demand for crude oil.

Mr. AIKEN. To keep someone else from getting it?

Mr. O'MAHONEY. That is correct. In my judgment, it defeated the purpose of the original act.

Mr. AIKEN. Will this bill correct that situation, so that the small independents and the cooperatives really will have a chance to get the Government oil?

Mr. O'MAHONEY. Yes; the royalty oil, under the new procedure, under authority of the old act, will not be sold at a premium. This measure is for the relief of the small refiners who have made these very burdensome contracts.

Mr. AIKEN. Let me ask how the oil will be sold under the provisions of this measure.

Mr. O'MAHONEY. It will be sold under regulations issued by the Secretary. of the Interior, which do not include premium prices.

.Mr. AIKEN. Is the Senator from Wyoming very sure that the small independents and the farm cooperatives will have a chance to get some of this oil?

Mr. O'MAHONEY. Nothing in this bill has anything to do with future contracts, let me say. Future contracts will be let under the regulations . which have been announced by the Secretary under the act of July 13, 1946.

This bill merely undertakes to relieve the small independent refiners from the payment of premiums which they were unable to pay. Enactment of the bill has been recommended by the Small Business Committee.

Mr. AIKEN. This bill will not have the effect, will it, of doing away with the premiums which the big companies were willing to pay, and still leaving the small fellows where they are now?

Mr. O'MAHONEY. The original act never called for a premium, and I think I have convinced the Secretary of the Interior that that is the fact, and that premium prices will not be called for in the future.

Mr. AIKEN. I expect and hope that the Senator from Wyoming will have better results than I was able to secure in convincing the Department of the Interior that the small people should have some royalty oil. That is what I hope.

If the Senator from Wyoming thinks th!s measure will not make the situation any worse and will not make the cha.nces of the little fellow any worse, I shall have no objection to having the bill acted on at this time.

Mr. O'MAHONEY. The little fellows want this bill passed.

Mr. AIKEN. They are all little fellows when they want a bill passed, of course.

Mr. O'MAHONEY. They are named in the report, may I say to the Senator.

Mr. WHERRY. Mr. President, I should like to ask a question. Did the Senator from Wyoming say that the Small Business Committee wants this bill passed, or did he say that small-business men want the bill passed?

Mr. O'MAHONEY. I said the Small Business Committee, at the time, wanted such action taken. That occurred before the special committee ceased to have effect. This was partially a result of the findings of the Senate Small Business Commit tee of the Eightieth Congress.

Mr. WHERRY. That is correct.

8918 CONGRESSIONAL RECORD-SENATE JULY 6

Mr. O'MAHONEY. The Department of the Interior in October of 1948 discontinued the premium bid method of selling royalty oil, and adopted the lot drawing system.

Mr. WHERRY. I thank the Senator from Wyoming for that contribution. It is convincing evidence that we should have a Small Business Committee working every day in the Senate of the United States.

The PRESIDING OFFICER. The question is on agreeing to the committee amendments.

The amendments were agreed to. The bill was ordered to be engrossed


The title was amended so as to read: "A bill to eliminate premium payments in the purchase of Governm~nt royalty oil under existing contracts entered into pursuant to the act of July 13, 1946 (60 Stat. 533) ." TRANSFER TO ATTORNEY GENERAL OF

CERTAIN LAND AT CHILLICOTHE, OHIO

The bill <S. 1859) to tran::ifer from the · Administrator of Veterans' Affairs to the Attorney General of the United States for the use of the Bureau of Prisons, a certain tract of land located at Chillicothe, OhiO, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as fallows:

Be it enactea, etc., That the followingdescribed tract of land containing approximately three ·hundred seventy-nine and one- · tenth acres, more or less, including improvements, if any, now under control of the Administrator of Veterans' Affairs, ls hereby transferred to the possession, control, and jurisdiction of the Attorney General of the United States for the use of the Bureau of Prisons:

A plot of ground being at the western b.oundary of the United States Veterans' Administration Hospital holdings in Ross County, Ohio, and starting at U. S. Monument 168 thence south seventy-eight degrees two minutes forty-four seconds west for a distance of six hundred seventy-four and thirty one-hundredths feet to U. S. Monument 169, thence south eighty-two degrees two minutes thirty-two seconds west for a distance of two thousand thre~ hundred twenty-eight and three one-hundredths feet to U.S. Monument 175, thence north fortytwo degrees fifty-six minutes thirty-six seconds west for a distance of one thousand nine hundred eighty and sixty-five one hundredths feet to U. S. Monument 178, thence north thirty-four degrees six minutes fortythree seconds east for a distance of one thousand seventy-seven and thirty-five oneh•mdredths feet to U. S. Monument 180, thence north sixty-seven degrees ten minutes forty-two seconds west for a distance of six hundred and fourteen feet to U. S. Monument 182, thence north seventy-seven degrees fifty-seven minutes thirty-eight seconds · east for a distance of one thousand three hundred twelve and seventy onehundtedths feet to U: S. Monument 184, thence north ten degrees nineteen minutes thirty-two seconds west for a distance of eight hundred fifty-nine and six one-hundredths feet to U. S. Monument 186, thence north eleven degrees forty-eight minutes twenty-seconds west for a distance of five hundred seventy and twenty-9ne one-hundredths feet to U. s. Monument 188, thence north eleven degrees twenty-one minutes fifty-eight seconds west for a distance of one thousand seven hundred seventy and

eighty-seven one-hundredths feet to U. S. Monument 190, thence north sixty-eight degrees twenty-eight minutes fifty-two seconds east for a distance of two thousand four hundred fifty-one and eighty one-hundredths feet to U. S. Monument 193, thence on a bearing of north twelve degrees twelve minutes forty-seven seconds west in a southeasterly direction for approximately six thousand six hundred and thirteen feet to point of beginning, said tract now being occupied and used by the Federal Reformatory at Chillicothe, Ohio, and being a portion of the land described i:p. a permit dated March 20, 1928, executed by Frank T. Hines, Director, United States Veterans' Bureau, in favor of the aforesaid Bureau of Prisons.

SEc. 2. The transfer provided for in this act shall be effected without reimbursement or transfer of funds.

BILL PASSED OVER

, The bill <S. 1498) to amend the Natural Gas Act, approved June 21, 1938, as amended, was announced as next in order.

Mr. LANGER. Mr. President, I object, by request, to the consideration of this bill.

The PRESIDING OFFICER. The bill will be passed over. TRANSFER OF CERTAIN VESSELS FROM

RECONSTRUCTION FINANCE CORPORATION TO FISH AND WILDLIFE SERVICE

The bill <H. R. 4252) to transfer the trawlers Alaska and Oregon from the Reconstruction Finance Corporation to the Fish and Wildlife Service was considered, ordered to a third reading, read the third time, and passed. PATENT IN FEE TO LEO FARWELL GLENN

The Senate proceeded to consider the bill <S. 520) to authorize and direct the Secretary of the Interior to issue to Leo Farwell Glenn, a Crow allottee, a patent in fee to certain lands, which had been reported from the Committee on Interior and Insular Affairs with amendments, on page 1, line 8, after the words "east half", to insert "east half west half west half east half"; and on page 2, line 2, after the word northwest", to strike out "quarter" and the comma, and insert "quarter", so as to make the bill read:

Be it enacted, etc., That upon application in writing, the Secretary of the Interior is authorized and directed to issue to Leo Farwell Glenn, Crow allottee No. 3234, a patent in fee to the following-described lands in the State of Montana: West half west half, section 26; east half east half, east half west half east half, east half west half west half east half section 27; north half northeast quarter, north half south half nprtheast quarter, section 34, township 3 south, range 27 east; and the west half southeast quarter section 30, west · half northe$l.st quarter, northwest quarter southeast quarter, lots 6, 7, and 8, section 31, township 4 south, range 27 east, Montana principal meridian, containing eight hundred and eighty acres.



SWAN ISLAND ANIMAL QUARANTINE STAp:ON

The bill (H. R. 3717) to repeal the act of July 24, 1946, relating to the Swan Island Animal" Quarantine Station, was considered, ordered to a third reading, read the third time, and passed.

MRS. LORRAINE MALONE

The Senate proceeded to consider the bill (S. 507), for the relief of Mrs. Lorraine Malone, which had been reported from the Committee on the Judiciary with an amendment, on page 1, line 6, after the words "the sum of" to strike out "$3,500" and insert "$2,000", so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money· in the Treasury not otherwise appropriated, to Mrs. Lorraine Malone, of Gallup, M~Kinley County, N. Mex., the sum of $2,000, in full satisfaction of her claim against the United States for compensation for personal . injuries sustained by her as a result of a collision, approximately 4 miles east of Safford, Graham County, Ariz., on November 13, 1944, between an aut.omobile driven by her and a United States Army truck, which had been parked in the nighttime on the pavement of United States Highway No. 70: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. ·

Mr. McCARRAN. Mr. President, in the bill as printed there is a typographical error. It will be noted from the re• port of the committee that the committee recommended payment of $2,000. The bill calls for $3,500. It should read "$2,000." The committee am~ndment was not printed in the bill.

I understand that the Senator from New Mexico [Mr. CHAVEZ] wishes to offer an amendment to the committee amendment.

Mr. CHAVEZ. Mr. President, as the bill was reported by the committee it would provide for a payment of $2,000 to this good lady for her injuries. My amendment is to strike out ''$2,000" and insert in lieu thereof "$5,000."

My amendment is based upon the merits of the case itself. I ask Senators to follow closely this explanation.

Mrs. Malone is a lady from the State of New Mexico. She was injured through the negligence of a soldier of the United States Army. On page 2 of the report of the committee headed by the Senator from Nevada [Mr. McCARRAN] we find the fallowing language:

The War Department found the facts to be that the "sole proximate cause of the collision was the negligence of the Army driver" and that "the evidence does not establish that the claimant was guilty of negligence which caused or contributed to the collision."

The committee believe that Mrs. Malone is entitled to recover for her injuries, and the only question remaining is the amount that should properly be allowed to her.

Her injuries consisted of (in addition to shock) the following:

(a) Fractured dislocated right ankle, with a laceration over the lateral malleolus. Both the medial and lateral malleoli were fractur~d, necessitating the application of a plaster-of-paris cast. The i:eport of the War Department Indicates that over an extended period of time different casts were applied, and some 3 months after the accident she was permitted "to use one crutch and start

1949 CONGRESSIONAL RECORD-SENATE 8919 walking on level ground." According to the statement of Dr. Brayton, as late as January 1949-

This happened in 1944-it is stated that a ganglion has occurred on the bottom of Mrs. Malone!s foot, caused by her foot and leg having been placed 1n a plaster-of-paris cast, and that "this ganglion wm cause pain and inconvenience in walking until removed."

(b} Dislocations of the second and third ribs, causing pain in the right shoulder and chest.

(c) Deep cut on forehead, "involving all of the layers of the scalp down to the periosten extending from the lateral margin of the left eyebrow, across the forehead an inch and a half above the right eyebrow, approximately 4 inches .. "

In addition to the seriousness of this injury (by reason of its location) and the extreme pain and suffering that necessarily accompanied it, she has been terribly disfigured. A scar of 4 inches in length immediately above her eyebrow lines crosses most of her forehead. There is in the files of the committee a picture of Mrs. Malone showing how prominent the scar appears.

The War Department paid a total of $236.10 on account of her medical ·and hospital expenses actually incurred.

Now the committee says that 10 percent more than she would be allowed for the injuries is to be paid to the doctor.

I read further from the report: The War Department feels that $2,000

would constitute a fair and reasonable settlement for all of the damages sustained by her as a result of this accident for which she has not · heretofore been compensated.

So the committee was considering whether the proper figure was $2,000 or $3,500. The bill which I originally introduced provided for compensation for this good lady in the amount of $3,500. Later on, when I received the reports from the War Department and the doctors and the neighbors of this lady, I told the Senator from Nevada that I would try to have the amount increased to $5,000.

The PRESIDING OFFICER. The time of the Senator from New Mexico has expired.

Mr. CHAVEZ. Mr. President, inasmuch as this is a most meritorious case, I ask unanimous consent that the rule may be suspended for a few minutes, so as to permit me to complete the statement and explanation I have been making.

The PRESIDING OFFICER. Is there objection? The Chair hears none. Without objection, consent is granted.

Will the Senator state the additional time he wishes to have?

Mr. CHAVEZ. About 5 minutes. The PRESIDING OFFICER. With

out objection, that much additional time will be allowed the Senator from New Mexico.

Mr. CHAVEZ. Mr. President, I read further from the report:

Two thousand dollars, or three thousand five hundred dollars, or any other figure, is entirely arbitrary. There are no absolute standards which would justify any figure over any other. On February 28, 1949, the sponsor of the bill, Senator CHAVEZ, submitted an amendment he intended to propose, the effect of which would be to · raise the amount to be paid ta Mrs. Malone to $5,000.

The committee has concluded that $2,000 is the absolute minimum which should be paid.

That conclusion was arrived at by reason of the fact that the War Department, headed by Secretary of the Army Royall, on the basis of the information received, stated that that would be fair and reasonable compensation for a woman who has been disfigured for life.

I appeal to the Senate in all sincerity that when we are talking about appropriating millions and billions of dollars, we should give very earnest consideration to this good woman, from my State, who the War Department states was injured as a result of the negligence of the driver of a vehicle owned by the War Department.

So, Mr. President, I ask that the Senate do justice to this good woman and agree to the amendment providing tnat she be paid $5,000. -

The PRESIDING OFFICER. The question is on agreeing to the amendment of the Senator from New Mexico to · the committee amendment.


The PRESIDING OFFICER. The question now is on agreeing to the committee amendment as amended.

The · amendment as amended was agreed to.

The PRESIDING OFFICER. If there be no further amendment, the question is on the engro~sment and third reading of the bill.

The bill <S. 507) was ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Lorraine Malone, of Gallup, McKinley County, N. Mex., the sum of $5,000, in full satisfaction of her· claim against the United States for compensation for personal injuries sustained by her as a result of a collision, approximately four miles east of Safford, Graham County, Ariz., on November 13, 1944, between an automobile driven by her and a United States Army truck, which had been parked in the nighttime on the pavement of United States Highway No. 70: Provided, That no part of the amount appropriated in this Act in excess of 10 percent thereof shall be paid or delivered to ·or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

P. S. COOK CO.

The Senate proceeded to consider the bill <S. 563) for the relief of the P. S. Cook Co., which had been reported from the Committee on the Judiciary with amendments, on page 1, line 6, after the word "sum," to strike out "of" and insert "not exceeding"; in the same line, after the figures "$2,545.76", to strike eut "in full satisfaction of the claim of such company against the United States for reimbursement for losses sustained" and insert ·"which the · Public Housing Commissioner certifies, after such audit

as he deems advisable, to be the amount of losses sustained by such company" ; and on page 2, line 6, after the word "Administration", to insert "and such payment shall be in full satisfaction of all claims of such company against the United States for reimbursement for. such losses", so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the P. S. Cook Co., of Lincoln, Nebr., the sum not exceeding $2,545.76, which the Public Housing Commissioner certifies, after such audit as he deems advisable, to be the amount of losses sustained by such company in performing its cost-plus-fixed-fee subcontracts for plumbing and heating on Federal · Public Housing Authority projects Neb.-V-25136 (Blair-, Nebr.), Ia.-V-13148 (Red Oak, Iowa), and Ia.-V-13112 (Shenandoah, Iowa), which losses were caused by increased labor costs, no adjustment for which was allowed by the Public Housing Administration, and such payment shall be in full satisfaction of all claims of such company against the United States for reimbursement for such losses: Provided, That no part of the amount appropriated in this· act in excess of 10 ·percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary not withstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.


for a third reading, read the third time, and passed. SPECIAL QUOTA IMMIGRATION VISAS FOR

CERTAIN ALIEN SHEEP HERDERS-BILL PASSED OVER

The bill <S. 1165) to provide relief for the sheep-raising industry by making special quota immigration visas available to certain alien sheep herders was announced as next in order.

Mr. HENDRICKSON. Mr. President, reserving the right to object, I should like to ask several questions of the distinguished Senator from Nevada in regard to this bill.

Mr. McCARRAN. I shall be glad to answer if I can.

Mr. HENDRICKSON. Is it not true that the bill violates the principle of immigration and obligates the future quotas?

Mr. McCARRAN. It obligates future quotas, but in-no wise violates the law, so far as I know.

Let me say to the Senator that this matter has been up before. We asked -for a report from the Department of Justice on this bill, and we have the report. In it no objection is made.

I invite the Senator's attention to this matter with extreme consideration, because the Judiciary Committee held hearings on this bill in the most centrally located part of the sheep-raising industry of the West, and there we had sheep raisers from various sections of the country-from Utah, from Idaho, from Nevada, and we would have had them from other places had they not been engaged either in shearinp- or lambing at the time.

8920 CONGRESSIONAL RECORD-SENATE JULY 6.

At the hearings they begged the committee to try to get this bill through, and said 'that if this bill or a similar bill was not enacted, the industry would be even more ha.rd hit than it has been, because of the utter impossibility of getting ·herdsmen for the sheep that are grazed on the open public domain.

It must be remembered that this bill relates to the group of agricultural industrialists who use the open public ·domain and pay a fee for the use of it. They are charged each year so much per head a month during the graZing season for the use ·of the open public domain. There are no fences. There, is nothing to hold the herds except the herders, and they must be men who are trained in that particular line of work. They must be industrious, they must be honest, they must be painstaking. Otherwise, hundreds of thousands of dollars would be lost in a very short time. It is easy to lose a bunch of sheep on the open public domain, and when that happens, there is a. terrific loss, for various reasons. I hope the Senator from New Jersey will not object to this bill, because of the utter necessity for it in the sheep-raising industry. I hope it may have the Senator's approval.

Mr. HENDRICKSON. Mr. President, I have the greatest sympathy for the sheep industry, but it seems to me that this clearly is special legislation for the benefit of one industry alone. As I understand, there are in some of the displaced persons camps over 5,000 sheep herders. The Senator is asking that a certain number be selected to come into the United States under special legislation. That seems to me to violate the principles of sound policy.

Mr. McCARRAN. Let me say to the Senator, it is either a matter of doing this, or something of this nature, or destroying an industry that is now doing a great part toward sustaining this Government.

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

Mr. HENDRICKSON. Mr. President, we might have had legislation to permit silversmiths to enter the country. We need them very badly. I object, Mr. President.

The PRESIDING OFFICER. On ob.;, jection; the bill will be passed over.

The clerk will state the next bill on tlie calendar.

The LEGISLATIVE CLERK. A bill (S. 1394)-

Mr. WATKINS. Mr. President, if I may be recognized, I want to make an observation to the Senator from Nevada. After he made his statement about the impossibility of getting the native people of the States of the West to do the sheep herding, I had no objection. I was not objecting to the bill, and· I was in hopes the Senator from New Jersey would withdraw his objection. We have many bills relative to families who are brought into the United States from time to time. So far as I can see this bill is no different in principle from other bills of similar character. I see no reason why there should be an objection, if the industry needs these people. It needs them now. I may say they will not become citizens. They are only .admitted for a special purpose at this time, a

thing which I think has been done repeatedly.

The PRESIDING OFFICER. Does the Senator request the Senator from New Jersey to withhold his objection? Otherwise, the Senator would be out of order, unless he did so.

Mr. WATKINS. Mr. President, I am speaking on my own time. The next bill has been called.

Mr. McCARRAN. Mr. President, . I appeal to the Senator from New Jersey. There is no more important bill on the calendar than this one. Today thousands of people throughout the western section of the country are appealing to us to take action to enable them to get help, in order to save their industries. This is a most important bill.

The PRESIDING OFFICER. Does the Senator from New Jersey withdraw his objection?

Mr. HENDRICKSON. I am extremely anxious to be courteous in this matter, but I feel that the bill ought to go over until the next calendar call, and until we can investigate the matter very thoroughly.

The PRESIDING OFFICER. On objection, the bill will be passed over. MONROE KELLY, REAR ADMIRAL, UNITED

STATF.s NAVY, RETIRED ·

The bill <S. 1394) for the reiief of Monroe Kelly, rear admiral, United States Navy, retired, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted, etc., That the Secretary of the Treasury ls authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Monroe Kelly, rear admiral, United States Navy, retired, the sum of $289.03, which sum represents reimbursement for expenses incurred by him for the storage of his household effects at T:Qe Hague, The Netherlands, for the period June 7, 1940, to April 1, 1946, the said Monroe Kelly being on duty as United States Naval Attache and Naval Attache for Air at the American Legation, The Hague, The Netherlands, when the German forces invaded the Low Countries on May 10, 1940, was unable because of such invasion to accomplish the return of such household effects when ordered by the .Navy Department to return to the United States: Provided, That no part of the amount appropriated in this act in ex<;less of 10 percent thereof shall be paid or delivered to or received by any agen:t or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions ')f this proviso shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

ESTATE OF WILLIAM WALTER SEE

The bill <S. 1924) for the relief of the estate of William· Walter See, was considered, ordered , to be engrossed for a third reading, read the third time, and passed, as f qllows: -

Be it enacted, etc., That the Secretary of the Treas~;ry is anthorized and directed to pay, out of any money in the Treasury n~t otherwise appropriated, to the legal representative of the estate of William Walter See, deceased, late of Norwalk, Calif., the sum of $5,561.30. The payment of such sum shall be in full settlemen": of all claims against the United States on account of the

death . of the said William Walter See which occurred when a United "1tates Navy airplane crashed into the barn in which he was ·workin<;, on September 3, 1943, at Norwalk, Calif.: Provided, That no part of thf" amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this clr,im, and the same shall be unlawful, any contract to the contrary notwithstanding. Ar1"/ person violating the provisions of this act shall be de.emed ·-guilty of .a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

NEVADA COUNTY, Cb.LIF.

The bill <H. R. 52) for the relief of Nevada County, Calif., was considered, ordered to a third reading, read the third time; and passed.

VICTOR R. BROWNING & CO., INC.

The bill <H. R. 599) for the relief · of Victor R. Browning· & Co., Inc., was an· nouhced as next in order.

The PRESIDING OFFICER. Is there objection? ·

Mr. HENDRICKSON. Mr. President, reserving the right to object, in the light of the adverse ruling of the General Accounting Office in respect to this bill, I should like an explanation for the benefit of the Senate.

Mr. McCARRAN. Mr. President, the purpose of the proposed legislation is to pay the sum of $15,100 to Victor R. Browning & Co., Inc., in full settlement of all claims against the United Stat.es under contract No. NOY-3461, entered into by Victor n. Browning & Co., Inc., with the United State's Government, Bureau of Yards and Docks of the Navy Depart: ment, contracting for and providing for the construction of crane equipment for delivery to the NaV,v Yard at Charleston, S. C. The claimant requested remission of liquidated damages, apparently on the basis of the fact that part of the delay involved was·caused by the Navy and the other part by factors beyond the claimant's control. Thereafter, the Navy Department released the accrued liquidated damages under the authority of the First War. Powers Act and Executive Order 9001. The Navy Department believed that the claimant was equitably entitled to relief but as later pointed out in an exception filed by the General Accounting Office, the above act and Executive order granted no authority to remit the damages as the contract was completed prior to the enactment of this legislation.

In view of 'the General Accounting Office's exception, the Navy has since regarded the $15,100 as having been erroneously paid .to the Browning Co. and has applied other sums due the Browning Co. in satisfaction of this indebtedness.

The claimant was awarded other Gov- . ernments contracts. One of them was No. NOY-13698, which, at the time of the Navy Department's report, was not completed. The Navy has withheld amounts due claimant on this contract No. NOY-3461.

Reports were requested from the Navy Department and the Gen·eral Accounting Office . . The Navy Department in its report which is appended and made a part of this report recommends that the bill pass. The report of · the General Accounting Office is adverse.

1949 CONGRESSIONAL RECORD-SENATE 8921 The PRESIDING OFFICER. Is there


Mr. HENDRICKSON. I withhold any objection, Mr. President.

There being no objection, the Senate proceeded to consider the bill CH. R. 599) for the relief of Victor R. Browning & Co., Inc., which had been reported from the Committee on the Judiciary, with amendments, on page l, line 8, to strike out "13698" and insert "3461"; and on page 2, line 3, after "South Carolina", to insert a comma and ''which was withheld from payments otherwise due the Victor R. Browning & Co., Inc., under contract numbered NOY-13698."

The amendments were agreed to. The PRESIDING OFFICER. Is ' the

wo.rd "dated", in line 9, page l, to be stricken?

Mr. McCARRAN. The date was· unavailable when the bill was introduced. The word ''dated'' and the comma· which follows it should be stricken.

I move that as an amendment. The PRESIDING OFFICER. The

question is on agreeing ·~o the amendment offered by the Senator from Nevada.

The amendment was agreed to. The amendments were ordered to be



CLAIM OF MRS. OTEEN FOXWORTH

The bill (H. R. 703) conferring jurisdiction upon the United States District Court for the Eastern District of South Carolina to hear, determine, and render judgment upon the claim of Mrs. Oteen Foxworth was considered, ordered to a third reading, read the third time, and passed. RELIEF OF CENTRAL BANK, ASSIGNEE OF

JOHN C. WILLIAMS

The bill m. R. 1009) for the relief of the Central Bank, a California corporation, as assignee of John C. Williams, an individual operating under the fictitious name and trade ~tyle of Central Machine Works, of Oakland, .Calif., was considered, ordered to a third reading, ·read

:the third time, and passed. RAMON G. HUNTER AND ARTHUR

NANCETT

The bill m. R. 3017) for the relief of i.:tamon G. ~unter and Arthur Nancett was considered, ordered to a third reading, read the third time, and. passed.

ESTATE OF MANUEL GRAULAU vELEZ

The bill (H. R. 3313) for the relief of the estate of the late Manuel Graulau Velez was considered, ordered to a third

· reading, read the third time, and passed. IGNACIO COLON CRUZ

The bill (H. R. 3320) for the relief of Ignacio Colon Cruz was considered, ordered to a third reading, read the third time, and passed.

ESTATE OF RAFAEL REBOLLO

The bill m. R. 3323) for the relief of the estate of Rafael Rebollo was consid

. ered, ordered to a third reading, read the · third time, and passed.

ERWIN F. EARL

The bill (H. R. 3720) for the relief of Erwin F. Earl was considered, ordered to a third reading, read the third time, and passed.

RAY G. SCHNEYER AND DOROTHY J. SCHNEYER

The bill CH. R. 4373) for the relief of Ray G. Schneyer and Dorothy J. Schneyer was considered, ordered to a third reading, read the third time, and passed.

LOUIS BROWN The bill <H. R. 4559) for the relief of

Louis Brown was considered, ordered to a third reading, read the third time and passed.

ROBERT A. ATLAS The bill <H. R. 4807) for the relief of

Robert A. Atlas was considered, ordered to a third reading, read the third time and passed.

GLORIA ESTHER DIAZ AND OTHERS The bill CH. R. 3321) for the relief of

Gloria Esther Diaz, Lydia Velez, and Gladys P. Prieto was considered, ordered to a third ·reading, read the third time and passed.

CLAIM OF JOHN E. P:ARKER The bill (H. R. 596) to confer jurisdic

tion upon the Court of Claims to hear, determine, and render judgment upon a certain claim of John E. Parker, his heirs, administrators, or assigns, against the United States, was considered, ordered to a third reading, read the third time, and passed.

CARLTON C. GRANT AND OTHERS

The Senate proceeded to consider the bill m. R. 578) for the relief of Carlton C. Grant and others, which had been reported from the· Committee on the Judiciary, with amendments, on page 2, line 2, after the word "Thompson", to insert ''Ollie Marine"; and in line 14, after "North Carolina", to insert "W. N. Ma ..

. :r:ine, ' of Route 2, Wilmington, N. C." The amendments were agreed to. The amendments were ordered to be


The bill was read the third tinie and passe~. ,

PATENT IN FEE TO JOHN GRAYEAGLE

The bill (S. 1361) to authorize and direct the Secretary of the Interior to issue to John Grayeagle· a patent in fee to certain land was announced as next in order.


Mr. WILLIAMS. Mr. President, may we have an explanation of the bill?

Mr. O'MAHONEY. Mr: President, in the absence of · the Senator from Oklahoma, I may state that this is one of numerous bills which have been reported from time to time by the Committee on Interior and Insular Affairs, without division, permitting the Secretary of the Interior to convey to Indians lands which have been allotted to them by law.

Mr: WILLIAMS. May I ask the Senator from Wyoming on what ground the Department of the Interior objected to the bill?

Mr. O'MAHONEY. I am not sure that the Department objected.

Mr. WILLIAMS. It is my understanding that the Department objected to this bill.

Mr. O'MAHONEY. I do not have that report before me.

The PRESIDING OFFICER. Is the Senator from Delaware objecting?

Mr. WILLIAMS. I am reserving the right to object.

Mr. O'MAHONEY. The Bureau of the Budget has advised me that there was no ·objection to this report; but I find the Senator is correct in that there was an adverse report by the Secretary of the Interior. The Secretary refers to the fact that the grantee and his wife own, including the land described in the bill, approximately 2,690 acres of inherited land, some of which is in scattered tracts, and at the present time the grantee and his son are grazing 77 cattle on a part thereof and on leased lands. He says further:

In line with the rehabilitation . program • • •, they will need approximately 2,700 acres to graze 90 head of cattle. Continued encouragement .ir1 being given to the · development of herds of this size, which offers .the best possible results considering the available resources on the reservation and the needs of the Indians.

I can only say, Mr. President, that this bill, with several others dealing with Indian matters, was ref erred to the subcommittee of which the Senator from Oklahoma was chairman. I see the Senator is now in the Chamber--

Mr. WILLIAMS. Mr. President, in view of the explanation the Senator has made, I withdraw any objection.

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

There being no objection, the bill <S. 1361) to authorize and direct the Secretary of the Interior to issue to John Grayea.gle, a patent in fee to certain land, was considered, ordered to be engrossed for a third reading, read the third-time, and passed, as follows:

Be it enacted, etc., That, upon application in writing, the Secretary of the · Interior is authorized and directed to issue· to : John' Grayeagle, of Bullhead, S. Dak., a ·patent in fee to the following-described lands allotted to"him in the State ·of South-Pakota: The southeast quarter of section 23, township 21, range 25; the west half of section 23, township 21, range 25.

SUMMARY OF COMMUNIST CRISIS IN CHINA

Mr. · _McCARRAN. · Mr. President, in view of the fact that I must leave the Chamber: I ask unanimous consent, out of order, that I may be permitted to insert in the RECORD, as a part of my remarks, a letter from Maj. Gen. Claire L. Chennault with reference to conditions in China and his summary of the present Communist crisis in China. I ask that the entire matter be printed in the RECORD as a part of my remarks.

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

United States Senate, Washington, D. C. .

DEAR SENAT0R McJJARRAN: Because Of the importance of the Communist conquest ot

8922 CONGRESSIONAL RECORD-SENATE JULY 6 China to the welfare of the United States, I am taking the liberty of addressing a mimeographed copy of my notes on the China situation to you.

As you know, I have been in intimate observation of the China situation for more than 12 years. I believe . that the information dontained in these notes is correct and that the recommendations as to our course of action are both sound and economicalf The report was prepared by me in my ca-

. pacity as a private citizen of the United States and is presented to you solely because I believe the communization of China gravely threatens the peace and security of our own country.

Trusting you will find these notes useful, Iam,

Yours most sincerely, C. L. CHENNAULT,

Major General, United States Army, Retired.

SUMMARY OF PRESENT COMMUNIST CRISIS IN ASIA

A. PRESENT SITUATION

1. Red conquest of China far advanced Almost half of China's territory and two

thirds of its population have today been ponquered by the Communists. In many areas not yet conquered the authority of the cen·tral government has almost completely evaporated~ the morale of its troops is at a dangerously low ebb and the resistance which the Communists are encountering south of the Yangtze has so far been little better than token resistance. Unless effective re·sistance can be organized soon in the south.. ern and western provinces, all China will eventually fall to the Communists-the proc·ess taking just so long as the Red troops need to march south and extend their s.Upply lines.

2. Communist China. means Communist Asia

When Cblna is completely overrun by the Communists., tbe Communist conquest of all Asia wm inevitably follow.

(a) As to French Indochina, the New York Times as early as March 25 of this year reported that the Communist guerrillas in Yunnan were already fighting in cooperation with the Communist-dominated Vi.et Minh under Moscow-trained Ho Chib Min. Bup-

. ported by an all-Communist China, the Viet Minh will inevitably overwhelm the precarious capacity of the French to defend their position.

(b) In Thailand there 1s a strong native underground Communist movement which will become overwhelmingly powerfUl with a Red China and French Indochina to support it.

(c) In Burma the Communists already control wide areas. This country has a long common frontier with China. On May B the New York Times reported that the Burmese Government had doubled its frontier guards in an effort to prevent Chinese and Burmese Communists from joining forces. Doubling the Burmese frontier ·guards will not provide an e1fective barrier if Yunnan Province is conquered by the Communists. Whether the ha.rd-pressed Burme>e Government can tak..e effective defensive measures in any, case 1s doubtful.

(d) . It ls well known that the British are just holding their own in the Malay Peninsula and that large-scale troop operations have been going on there for some time.

There can be no question but that all of southeast Asia will rapidly go Communist once China. has fallen. Already it is reported that the first confederation of Communists in China, French Indochina and Burma has been set up. When China falls, only in India and Pakistan can the nonCommunist world hope to make any serious resistance, and of those two highly disturbed countries the best that can be said is th.at prospects are uncertain.

3. A Communist Asia means the loss of the · Pa._cific islands ·

Almost as certain as the communization of the Asiatic mainland, is the -communization of the dependent island chains, . the Netherlands East Indies, the Philippines, and finally the Japanese Archipelago.

(a) With a Communist Asia at hand the Indonesian Republic will have no choice but to look to it for the means to realize its aspirations for independence.

(b) In the Philippines the recent murder of Mme. Quezon anll her daughter less than 100 miles from Manila is testimony of the Sl:)riousness of the Communist-led Huk· rebellion in Luzon.

(c} As to Japan, the dilemma will be simple. The cold fact of her complete economic dependence on the mainland of Asia will drive her Into the Communist Asiatic system (as this same dependence drove her to set up the greater etlst Asia coprosperity sphere before the war) , or else we must ourselves undertake to feed Japan and supply her with raw materials. To do this would mean our colonizing Japan in the most ruthless way. We are not ruthless enough by temperament nor are our means sufficient for such a task. Japan will therefore inevitably ·follow the rest of Asiatic countries into the new great Soviet-Asian empire. General MacArthur in his public statements makes it clear that he holds this view, i. e., that Japan must go Communist if Asia goes Communist.

. 4. Inevitable chain reaction

The loss of China sets off a chain rea.ctlon that may take months or even several years to accomplish. The. point is that once China is lost, all of the Asiatic mainland and islands will inevitably ' go Communist.

B. THE C0MMUNIST OBJECTIVES IN ASIA

1. Chinese Communists are real Communists

. The ~ Chinese Communist leaders are orthodox Communists, whatever may be the ideological dilution among the rank and file o! the movement. The leaders are ' the men who count, the men who control the army, the police power, and all of the machinery of coercion. This is clear fr:om their

. repeated public statements and from the testimony and reports of American correspondents who have recently come out of Communist China. A. T. Steele of the New York . Herald Tribune and Andrew Both of the Nation have both recently come out of Communist China and are both agreed on this point. The - attached excerpt (attachment A) from Roth's article appearing in the April 30, 1949, issue of the left-wing Nation is particularly significant in its conclusion that .. the Chinese party ts unquestiona]Jly an orthodox Communist Party of the Leninist-Stalinist variety." 2. The Chinese Communists will stay Com

munists for a long time In the long run-a long run to be measured

in decades or centuries-the Communist dynasty in China may be diluted., subverted, or corrupted by power, as its imperial predecessors were undermined in the long run.

·But we can't afford to watt for centuries. We have to deal with an immediate problem, and ·We can't count on slow historical forces to solve it :for us. Both Steele and Roth and other competent observers are agreed that any tendencies toward Titoism in · the Chinese· Communist movement will take many years to develop.

The Kuomintang Party, whatever its :faults may be·. 1s the only organized political party in all of Chinese history which has been consisten.tly friendly to Americans. During the years of its control o! the Government, American interests in China have increased and expanded greatly. In those areas where we allow the Communists to seize control from the Kuomingtang or other non-Communist groups it may be many gen-

erations before p9wer can be returned to the hands of those friendly to Americans.

3. Objectives of the Chinese Communists The Chinese _ Communist leaders have

stated their objectives many times. They are plain for all to read. Henry Lieberman, 1n the New York Times for April 2.4, 1949, has summarized their immediate objectives as follows:

'"(1) · Complete defeat of the Kuomingtang and the unification of all China under their (the Communists') control. , "(2) Establishment of a Communist-dominated coalition government oriented toward t~e Soviet Union and lined up behind Russia in the cold war.

"(3') Reconstruction and industrializ~tion of China."

In addition to these must be added: "(4) Expansion of Communist control to

all Asia." This last objective has been elaborated

by Jen Pi-Shih, member of the centri:µ committee of the Chinese Communist Party, as follows~· · "The victory of the Chine~ revolution will break the imperia!ist chain in the east. he continued. Influenced.' by the Chinese revolution, several hundreds of millions of people in southeast Asia are already waging a heroic struggle.

"He said that even if the imperialists provoke war, the peoples' democratic forces in the world are sw:e to vanquish the imperialist forces." (Reported by Christian Science Monitor, .April 27, 1949.) ·

4. Communism's ultimate objective-world revolution

Transcending all immediate objectives, th.e ultimate objective of world communism, including Chinese communism, ts world revolution. In the words of General Clay, who from close-hand experience knows more about communism in action than most people: '

"The Communist Party and. the Communist world movement bas a fixed objective. That objective 1s world domJnation through revolution. It is a long-range objective. That objective will never change because if it did communi_sm would die." (Reported in Washington Times-Herald, May 2, 1949.)

C. WHAT COMMUNIST ASIA MEANS TO THE

• UNI'l'ED STATES

1. Our position would be desperate

The communl.zation of Asia would be a tragic disaster for the United States, a disaster far outweighing the emporary· surcease In Europe w:hich will come from . the lifting of the Berlin blockade. In bis Boston speech Winston Churchill called the Chinese Communist advances to that date "the worst disaster since our victory." If they are permitted to complete their conquest, our position will become desperate. A glance at the implications for the United States of a Communist Asia wm show why this is so.

z. Military efject:r

Militarily we will confront an .Asia which has been converted by this country's most implacable enemy into an arsenal and base

·of attack. Our key cities, industrial centers, and military installations on our west coast will lie open and helpless to surprise assault by long-range plane and submarine, with no . protection but the ocean-and we learned at Pearl Harbor that an ocean is no protection

·at all. On the other hand, the key cities of the Communist world will be protected by

·thousands of miles of Communist-held Asia throughout which we will have no bases, no foothold for our troops or Air Force-. In 1ts military consequences alone a Communist Asia would upset so overwhelmingly in favor

· of -the Communists the present precarious balance between the east and west, that In itself it would m8.ke wnr almost taevitable. We could no more accept a position in which our basic security was so threatened

1949 CONGRESSIONAL RECORD-SENATE 8923 than world communism could fall to press its great advantage.

3. Economic effects Economically, Asia's markets and sources

of strategic materials would be denied us. The Communists might permit a carefully controlled trade, but only such as would enable them to receive machinery, materials, and munitions of war which they need for their eventual and inevitable attack upon us-arms which they would some day throw back at us as the Japanese at Pearl Harbor threw back at.us the scrap iron which we had so obligingly furnished them.

D. THE CHOICE BEFORE THE UNITED STATES

The United States still bas for a short time a choice of action. At present we have three possible courses before us:

1. We can continue our present policy of inaction. This will guarantee the communiza tion of China and of all Asia. This course we ,cannot afford.

2. We can attempt to appease the Communists. We have tried this before, and it has never worked. It did not work with Hitier. A policy of appeasement ignores the openly admitted, repeatedly demonstrated Communist drive for world domination.

3. Finally, we can attempt at this late hour to develop and implement a policy designed, not to drive the Communists out of th·~ China they hold (it is far too late for that), but to contain the Communist advance and to hold them where they are. This we can do with the materials at hand and without overstraining our resources.

E. WHAT WE HAVE TO WORK WITH

1. Non-Communist China-Our biggest asset On China's western :-,nd southern periphery

there lies a vast area where effective resistance to the Communist advance can yet be organized and where that advance can be held and contained. Included in this area are some 150,000,000 people, for the most part hardy mountaineers with a tradition of warlike defense of their native provinces against all invaders. This area is shown in any map of China. Briefly, it begins with the Mohammedan Provinces of Ninghsia, Kansu, and Tsinghai in the extreme northwest. See attached New York Times article of May 2, 1949. The leaders of these Provinces have kept their country free of both Japanese and Communists and invaders and have been deservedly feared by both. In their long march in 1926 the Communists attempted to settle in Kansu ·but were driven out after pitched battles and forced in the end to take up their positions in barren Shensi. South of these northern Provinces is the rich, highly populated basin of Szechwan, an area irrigated by impassable mountains. Szechwan has never been taken by conquest since before Kublai Khan. Southwest of Szechwan is Yunnan, which occupies perhaps the most important strategic position in Asia, with its long frontiers bordering on both Burma and French Indochina. Yunnan is high mountain country. It can be defended easily and, if held, will seal off the Communist advance from southeast Asia. East of Yunnan is Kweichow, a high rugged Province which can be defended. Finally, further east along the southern coast of China are the Provinces of Kwangsi and Kwangtung, areas with a firm tradition of independence and resist-ance to invasion. -

These Provinces can with a minimum of military supply and economic aid be turned into an efficient belt of resistance. · Both the people and their leaders are prepared to resist the Communists and will in any case resist whether we help them or not. But what we can give in aid will make the difference between a hopeless and an effective resistance. It will provide the indispensable means, and, more important, the indispensable hope of success.

2. SurP,lus arms available in Pacific We have available in the Philippines and

on the Pacific islands stores of surplus and obsolescent war materials and equipment which alone would go far toward arming the resistance of non-Communist China.

3. Financial aid Finally, we can afford-because we must

afford-what it will cost in the taxes of our people to make this aid effective. I estimate that to arm properly the military resistance of this free China will cost about $350,000,000 a year. In addition, some economic aid will be necessary. On a minimum basis, however, the job can be done for less. I estimate that the total cost of our aid, including both military and economic assistance, "an be kept as low as $200,000,000 a year provided that. all aid is administered economically.

F. WHAT WE MUST DO

1. Hold the Communists If we are to take steps now toward halting

and containing communism in China, it must be on the basis of a positive, aggressive, and flexible policy designed to support and give effect to the latent resistance that already exists in the free areas of China's periphery. 2. Strengthen economy of non-Communist

China We must not only give the necessary mili

tary support, we must also give the economic support required to raise the standard of life in the areas of non-Communist China and to set them on the road to recovery and rehabilitation. Resistance will not be of any lasting effect unless these areas can be developed by such aid so that they will show by yardstick comparison that what the Chinese people everywhere want in terms of peace, better livelihood, and free institutions can be achieved better outside of than under communism. Our long-run hope must be based upon the proper development of these yardstick areas. In the short run, of course, no development is possible unless the military defense is secure.

Main highways enter this enormous area from the east; one extending from Sian to Lanchow in the north and one runs from Linchow, Kwangsi, through Kweiyang, capital of Kweichow, to Chungking on the north and to Kunming in the southwest. Neither of these highways has the capacity for sufficient tonnage to support an invading army large enough to conquer the defending provinces-if the defenders are armed adequately.

The islands of Formosa and Hainan should be included in this defense zone in order to contain communism on the continent and to protect our sea and air lanes of communications in the western Pacific as well as our approaches to Indochina and anti-Communist west China.

This great western zone, plus the two major · islands, Formosa and Hainan, can be organized and held at minimum cost, as a cordon sanitaire to protect Indochina, Siam, Burma, and all the remainder of Asia and the islands of the Pacific from the wave of communism which is certain to engulf them if all of China is communized.

The Japanese spent several m1llion dollars in development work on Hainan Island in order to obtain such badly needed items as iron ore, fish, timber, sugar, rice, and fruit. They obtained coal from the rich mines along the northeast coast of Tonkin. The products of the sanitary zone are now urgently required by the Japanese in order to rehabilitate their industry. Formosa can supply aluminum, coal, alcohol, sugar, vegetables, fruits, timber, rice, and coal. Hainan Island can supply iron ore, other ores, timber, fish, and fruits. West China can supply tin, wolfram, antimony, wool, bristles, hides, tung oil, eggs, feathers, and furs. Tonkin can supply coal, rice, and timber. In fact, Japanese

industry might be almost wholly supplied with essential raw materials-except petroleum products-from this non-Communist sanitary zone.

In exchange for these raw materials and foods Japan can furnish manufactured goods, machinery, tools, and steel. The movement of this trade would occupy a considerable portion of the Japanese merchant marine and would provide work for many seamen and other workers. The establishment of this trade between Japan and non-Communist China under American supervision would contribute a great deal to the rehabilitation of both areas and would relieve Japan of the necessity for trading principally with Communist Asia.

Fortunately, the military aid required for holding this sanitary zone is not great. The items most needed are rifles, machine guns, bazookas, light mortars, and pack artillery with ammunition. Some motor transport and signal communications equipment will be required. A small air task force for reconnaissance and army would add a great deal to the effectiveness of the defense.

Economic aid should be coordinated with military aid to increase crop production, improve transport communications, and rehabilitate and expand light industries. Much has already been accomplished in this western area to establish family and community industrial enterprises. Relatively small irrigation projects wm increase the productive farm area a great deal. Commercial fertilizers and improved seeds are needed.

3. American supervision Fmally, we must make sure this time that

we do not repeat the errors of the past by giving aid without proper supervision. We must make sure that anything we give is accompanied by competent American personnel to see that our help is used for the purposes intended. The leaders of nonCommunist China are too desperate to refuse us any such reaso"nable conditions and we have a right to ask for them. American supervision is a condition under which Marshall plan aid to Europe is granted and the Chinese wm accept it as well.

G. SUMMARY

The communization of China will constitute a disaster ' to the United States of a magnitude without precedent. in all of our history. We wm be deprived of all the fruits of our victory in World War II and we will be confronted with the necessity for engaging in another great war in order to protect our freedom and the freedom of the people of the Pacific. Despite the gravity of the situation, China is being communized rapidly and all of China may be communized within a short time unless positive, constructive measures are taken quickly to prevent the further spread of communism.

1. After China is communized, the remainder of Asia and the islands to the south and east wm be vulnerable to rapid communization. There are no natural barriers to the advance of communism from China to Indochina, Siam, Burma, and thence to Malaya, India, Indonesia, and the other islands of the western Pacific.

2. The communization of China immediately and of all Asia eventually are prejudicial to the best interests of the United States, both now and in the future.

3. The United States should take steps without further delay to assist the nonCommunist Chinese to resist the advance of communism into Formosa, Hainan Island, and western China, including the Provinces of Ningsia, Kansu, Tsinghai, Sinkiang, Szechwan, Kweichow, Kwangsi, Kwantung, Yunnan, and Sikang.

These steps should include: (a) Military aid · under the direction and

supervision of a military mission.

8924 CONGRESSIONAL RECORD-SENA TE' JULY 6. (b) Economic aid coordinated with the·

military aid to increase agricultural production, rehabilitate and expand local industry, rehabilitate and expand transport communications, and other measures to raise the standard of living of the people.

(c) Encouraging and exchange of products between Japan and non-Communist China.

[From the Nation of April 30, 1949] THE CHINESE REVOLUTION

(Excerpt from article by Andrew Roth) Chinese Marxism has both molded the

forces of nationalism and agrarian revolt and been molded by them. Its policies have been substantially modified by conditions in the Chinese countryside, but the Chinese party is unquestionably an orthodox Communist Party of the Leninist-Stalinist variety. Like other parties of this type, its motto ls "Moscow can do no wrong." The haste with which Chinese Communist papers denounced Anna Louise Strong after Radio Moscow had accused her of being a spy was almost indecent. She had spent the past quarter century eulogizing the Chinese Communists, but they turned against her over-night. •

The discipline enforced in the party is no mean accomplishment in a country in which family discipline is virtually the only kind discernible. Its 3,000,000 puritanical zealots may well become the hard core around which fiabby China will be unified for the first time in a century. That the party ls governed from the top ls apparent from the number of questions which officials have to refer to their superiors and from their frequent ignorance of the reason for decisions. When the foreign correspondents were silenced last February, nobody knew for certain why the leadership had taken this step.

[From the New York Times of May 2, 1949]' CHENNAULT HAILED BY CHlNA MOSLEMS

TROOPS IN REVIEW AT NINGHSIA. TOLD To BE PREPARED TO FIGHT COMMUNISM

(By Walter Sullivan)

NINGHSIA, CHINA, April 5.-0ne thousand broadswords whirled in the sharp desert sunlight and 1,000 voices shouted, "Kill!" as the climax of a military demonstration today welcoming Maj. Gen. Claire L. Chennault to this Chinese Moslem stronghold.

[General Chennault, who has returned to the United States since this dispatch was written, has been invited to give Congress his views on American aid to the Chinese Nationalists.]

On a giant parade ground, comparable in size to Red Square in Moscow, 12,000 cavalrymen and infantrymen of Gen. Ma Hung-kui passed in review. They were part of the Moslem armies that guard the gateway to northwest China.

Afterward the troops massed in front of the Chinese Moslem general and his guest, former head of the American "Flying Tigers," to hear the oratory.

SEES FUTURE STRUGGLE

General Chennault is now president of the Civil Air Transport, an air line in China, of which he is also the principal owner. He told the troops of the growing world battle against communism.

"The time will come, perhaps in the not so distant future," he said, "when you will Join again with the Americans, British, and French to resist these forces which would destroy your liberty."

"We love peace," he continued, "but while there is communism there ls no peace." He included the Dutch and Italians among those who he hoped would fight together "against this threat to the world." He told the sol'Uers that they must maintain their high

standard of training for their share of this same struggle.

General Ma ls ruler of Ninghsla Province as well as of its troops. This city, his capital, seems as well disciplined as his troops.

Mr. ANDERSON. I yield. Mr. WILLIAMS. Is it true that the

bill proposes to write off a $73,000,000 deficit of the Corporation?

Mr. ANDERSON. If it does, I know nothing about it.

In startling contrast to most Chinese cities, the streets and sidewalks are smooth and completely free of refuse. Houses by decree are uniformly faced with gray brick.

TWO REDS BURIED A.LIVE

Mr. HOEY. That amount has already · been written off. This bill does not do that.

General Ma proudly claims that no Communist agents dare penetrate his camp. The last two caught, he says, were discovered after VJ-day and · were buried alive.

General Ma's troops are regarded as amorig the best in China. Their equipment is superior for troops so far from the modern world.

Infantry battalions carried light machine guns and rapid-firing rifles as well as regular rifles. Companies of horse-drawn mountain guns and other small field pieces rolled by. There were about a dozen brass bands in the line of march, all playing slightly off key.

The two sons of General Ma, who bold the top military posts under their father, took prominent roles in the show. One of them, who commands the cavalry, galloped in competition with his junior officers, past a series of red balls balanced on poles, trying to shoot them off with their rifles.

The lavish welcome given Mr. Chennault and his Chinese wife is significant. His air line is probably the most important link between these armies and the outside world. Ninghsia's supply line skirts the Communists at several points and its future is uncertain.

BILL PASSED OVER

The bill <H. R. 3825) to amend the Federal Crop Insurance Act, was announced as next in order.

Mr. WILLIAMS. Mr. President, I ask that the bill be passed over.


Mr. ANDERSON. Mr. President, I wonder if I could clear up the possible objection of the Senator. I have received objections with reference to language which I think was inadvertently omitted from the bill. There is an amendment--

Mr. WILLIAMS. I would withhold my objection if the Senator from New Mexico wishes to make an explanation. However, I think I should have to continue the objection, because I am objecting by request. If the Senator wishes to put his explanation into the RECORD, I shall be glad to have him do so.

Mr. ANDERSON. There was objection made that the words "while in the field" wer.e not inserted in the bill, and it left the impression that the Federal Crops Insurance Corporation · would have authority to insure all sorts of crops, after they had been harvested. That was a very substantial invasion of the ordinary field in which private insurance companies had been operating. It was called to my attention by a representative of the United States Chamber

· of Commerce and others, and I told them · that I would discuss the subject with the distinguished Senator from North Carolina [Mr. HOEY] and perhaps we would agree to carry into the conference the words "while in the field." I think that would save the objection which has been lodged against the bill so far.

Mr. WILLIAMS. Mr. President, will the Senator yieid?

Mr. WILLIAMS. Mr. President, I shall have to ask that the bill go over, because the' Senator who asked me to object is not present. ·

The PRESIDING OFFICER. The bill will be passed over. AMENDMENT TO INSTITUTE OF INTER

AMERICAN AFFAIRS ACT

The Senate proceeded to consider the bill <S. 1250) to .. amend the Institute of Inter-American Affairs Act, approved August 5, 1947, which had been reported from the Committee on Foreign Relations, with amendments, on page 2, line 3, after the word "specific", to insert· "contract", and in line 8, after the word "exceed'', to strike out "$50,000,000" and insert "$25,000,000", so as to make the bill read:

Be it enacted, etc., That, in order further to strengthen friendship and understanding among the peoples of the America Republics and to enhance their common welfare, the· Institute of Inter-American Affairs Act (Public Law 369, 80th Cong., 1st sess., 22 U. S. C., sec. 281) is hereby amended in the following particulars.

·SEC. 2. Section 14 of the Institute of InterAmerican Affairs Act is revised to read as follows:

"SEC. 14. (a) The Institute shall have authority, in entering into contracts under section 3 (c) of this act, to make contracts,

.within the limits of funds appropriated or specific contract authorizations hereafter granted ~o it, for periods of not to exceed 5 years in any one case.

"(b) There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may from time to time be necessary to carry out this act, but not to exceed $25,000,000 for the period ending June 30, 1955: Provided, That the appropriations herein authorized shall be in addition to appropriatfons made pursuant to authorizations granted in Public Law 369, Eightieth Congress.

"(c) This act may be cited as the 'Institute of Inter-American Affairs Act'."

SEC. 3. Section 3 (a) of the Institute of Inter-American Affairs Act is revised to read as follows:

"(a) Shall have succession until June 30, 1955."

The amendments were agreed to. Mr. HENDRICKSON. Mr. President,

reserving the right to object--The PRESIDING OFFICER. Is the

Senator objecting to the bill as amended? Mr. HENDRICKSON. Reserving the

right to object, I wonder if the distinguished Senator from Connecticut [Mr. McMAHON] would submit to a question?

Mr. McMAHON. Certainly. Mr. HENDRICKSON. Is there any

reason why the term of the commitment could not be cut down to 3 years at a cost of $15,000,000, rather than a term of 5 years at cost of $25,000,000?

Mr. McMAHON. The Senator will note that we are cutting the amount from $50,000,000 to $25,QOO,OOO. The .5-year term is quite necessary, because the

1949 CONGRESSIONAL RECORD-SENATE 8925 ,

nature of the program is such that the work must be done in advance if we are to receive the maximum advantage from the program contemplated by the bill. All the testimony indicated that if we did not give them 5 years within which to carry forward the work, we would- seri- . ously harm the program and would not receive the benefit which we think we will receive by this expenditure of money.

I may say to the Senator that the benefits which have come from the Institute of Inter-American Affairs have have been very great indeed during the past 2 years, particularly with relation to the peoples of South America and their agricultural production. This is the only program we are operating in cooperation with the South American Republics. It is a fine gesture of good will. For reasons with which the Senator is familiar, the program is of particular benefit to us in maintaining good relations and good will with the South American Republics.

Mr. HENDRICKSON. I take it the committee was unanimous in that view.

Mr. McMAHON. The committee was unanimous. It gave the subject very extended consideration and very serious attention. As the Senator can see, we did reduce the amount, because we felt that was the best we could do.

Mr. HENDRICKSON. I thank the Senator.

The PRESIDING OFFICER. The question is on engrossment and third reading of the bill.

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

PURCHASE OF AUTOMOBILES BY DISABLED VETERANS

The bill <S. 2115) to authorize payments by the Administrator of Veterans' Affairs on the purchase of automobiles or other conveyances by certain disabled veterans, and for other purposes, was announced as next in order.

Mr. WILLIAMS. Mr. President, reserving the right to object, may we have an explanation of the bill? I should particularly like to know how much it will cost.

Mr. PEPPER. This bill was reported unanimously by the Committee on Labor and Public Welfare. The automobiles are not subject to a levy of credit against the veterans, because obviously they are i:ntended for the personal use of the veterans. With that minor exception, this bill is the identical bill reported from the Committee on Labor and Public Welfare and passed by the Senate in the Eightieth Congress.

In two respects it is an extension of the present law which was passed in 1944. The 1944 act provided that the Government could pay up to $1,600 for the purchase of an automobile for a veteran who had lost the use of, or lost as far as the ankle, one or both feet. The present bill extends it to the loss of use of or the loss of one or both hands, and the loss of vision of veterans to a degree amounting to practical blindness.

Except for those two categories, it is exactly the same as the present law. I should say that the law expired on the

30th of June. The committee has held hearings on the matter, heard amputees, peard the testimony of veterans as to how they were inconvenienced in trying to ride in public vehicles because of the loss of one or both hands and by not having good vision so they could look after themselves. After considering the matter, it was felt by the committee that it should report to the Senate the same bill reported to the Eightieth Congress, and that the Senate should pass practically the same bill passed by the Eightieth Congress.

Mr. WATKINS. Mr. President, will the Senator yield?

Mr. PEPPER. I yield. Mr. WATKINS. What is the esti

mated cost? Mr. PEPPER. The estimated cost is

approximately $16,000,000, to accommodate approximately 10,000 veterans.

Mr. WATKINS. When this amount is spent, will other veterans then come in, in addition to those provided for in the bill?

Mr. PEPPER. ·Of course, there are from time to time additional veterans who complain, by virtue of amputations in hospitals, of loss of the use of or loss of the members as described in the bill, but let the Senator recall that all of these are service-connected disabilities, and only those.

Mr. WATKINS. That is what I wanted to know.

Mr. PEPPER. There will be no inclusion into the class provided for of any veteran except one who sustains an amputation in a hospital as the result of a war injury.

Mr. WATKINS. I have no objection. The PRESIDING OFFICER. Is there

objection to the present consideration of the bill.

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

Be it enacted, etc., That, subject to the conditions hereinafter set forth, the Administrator of Veterans' Affairs is authorized and directed to provide or assist in providing an automobile or other conveyance, by paying on the purchase price of such automobile or other conveyance not to exceed $1,600, including equipment with such special attachments and devices as the Administrator may deem necessary, for each veteran of World War II who is entitled to compensation under the laws administered by the Veterans' Administration for any of the following:

(a) Loss or permanent loss of use of one or both feet;

(b) Loss or permanent loss of use of one or both h ands;

(c) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/ 200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/ 200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye.

SEC. 2. The benefits of section 1 shall be granted under the following conditions:

(a) That under such regulations as the Administrator may prescribe the furnishing of such automobile or other conveyance, or the assisting therein, shall be accomplished

by the Administrator paying the total purchase price, if not in excess of $1,600, or the amount of $1,600, if the total purchase price is in excess of $1,600, to the seller from whom . the veteran is purchasing under sales agreement between the seller and the veteran.

(b) The United States shall not be liable for the repair, maintenance, or replacement of any automobile or "other conveyance provided under the provisions of the first section of this act and shall not be liable to any person by reason of any damage caused by the use of such automobile or other conveyance.

(c) No veteran shall be entitled to receive more than one automobile or other conveyance under the provisions of this act; and no veteran who has received or may receive an automobile or other conveyanc;:e under ihe provisions of the paragraph under the heading "Veterans' Administration" in the First Supplemental Appropriation Act, 1947, shall be entitled to receive an automobile or other conveyance under the provisions of this act.

{d) The benefits provide . in this act shall . not be available to any veteran who has not made application for such cenefits to the Administrator within 3 years after the effective date of this act, or within 3 years after the date of the veteran's discharge from the armed forces if the veteran shall not be discharged until on or after said effective date.

(e) Any automobile or other conveyance furnished any veteran pursuant to this act shall be exempt from the claims of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever.

(f) After enactment of this act, any automobile or other conveyance heretofore furnished any veteran under the provisions of the paragraph heading "Veterans' Administration" in the First Supplemental Appropriation Act, 1947, as amended, shall be exempt from the claims of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever.

. COTTON MARKETING QUOTAS

The bill <S. 1962) to amend the cotton marketing quota provisions of the Agricultural Adjustment Act of 1938, as amended, was announced as next in order.

Mr. WILLIAMS. Mr. President, by request, I ask that the bill go over.

Mr. MILLIKIN. Will not the Senator withhold his objection?

Mr. WILLIAMS. I withhold the objection.

Mr. MILLIKIN. I ask that my colleague make a statement about the bill.

Mr. JOHNSON of Colorado. Mr. President, I desire to call up an amendment we have to the bill pertaining to wheat a.creage, but if the Senator is going to insist on the bill going over, I doubt if our amendment would cure his objection to it.

Mr. WILLIAMS. I am objecting to the bill by request. If the Senator will submit his amendment I will see if I can get the matter straightened out. I suggest that the bill go to the foot of the calendar.

The PRESIDING OFFICER. The bill will go over. CREATION OF STANDING COMMITTEE ON

SMALL BUSINESS

The resolution <S. Res. 58) to amend the Senate rules by creating a standing committee on small business, was announced as next in order.

8926 CONGRESSION'AL RECORD-SENATE JULY 6 Mr. O'MAHONEY. Let the resolution

go over. Mr. PEPPER. Mr. President, will the

Senator withhold his objection for a moment?

Mr. O'MAHONEY. I do. Mr. PEPPER. Mr. President, I am not

one of the authors of the resolution, but my colleague, the junior Senator from Florida [Mr. HOLLAND], is one of the authors of the resolution, and it was reported from the Committee on Rules and Administration by the minority leader, the Senator from Nebraska [Mr. WHERRY]. Neither my colleague nor the minority leader happens to be on the floor of the Senate at the present time and Senators might wish to debate the resolution. It merely sets up a committee on small business as one of the standing committees of the Senate. Due to the fact that we have heretofore had a reluctance to create such a special committee, jurisdiction of the subject had been, tacitly, recognized as in the Committee on Banking and Currency. It was generally felt, however, when we discussed the matter, that small business was of such a broad nature, and there are so many ramifications, it would probably be desirable to set up a committee on small business among the regular committees. Many of us have an acute interest in the problems of small business.

Mr. O'MAHONEY. Mr. President, my objection was made because neither the minority leader nor the majority leader· was present upon the floor. I know there has been a great deal of discussion about the creation of such a committee, and I felt it would be desirable to have the resolution go over until the two leaders were present.

Mr. PEPPER. Very well. The PRESIDING OFFICER. The res

olution will be passed over. Mr. WHERRY subsequently said: Mr.

President, I ask permission to return to Calendar No. 596, Senate Resolution 58, and that the action taken be reconsidered.

The PRESIDING OFFICER. Does the Senator want the order putting the resolution over to be set aside? ...

Mr. WHERRY. I should like to ask what the objection was to this very meritorious measure.

Mr. O'MAHONEY. I made the objection because of the absence of the majority leader and the minority leader, and both having appeared on the floor now~- -

Mr. WHERRY. The Senator has no objection?

Mr. O'MAHONEY. I ask that the resolution be proceeded with.

The PRESIDING OFFICER. Without objection, the order will be set ·aside, and the resolution will be considered, if there is no objection.

Mr. LUCAS. Mr. President, I shall have to object. I regret very much, but the Senator from Illinois will be compelled to object.

Mr. WHERRY. Mr. President, I am sorry the Democratic leader blocks this small-business bill. I shall not take up the time of the Senate, but I should like to have the report which accompanied

the resolution printed in the RECORD. It is very constructive at this point as a part of my remarks.

There being no objection, the report • <No. 5~8) was ordered to be printed in the RECORD, as follows:

The Committee on Rules and Administration to whom was referred the resolution ( s. Res. 58) to amend section (1) of rule XXV of the standing rules of the Senate by the establishment of a Committee on Small Business, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

The resolution provides for the creation of a standing Committee on Small Business, composed of 13 Senators, to which shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the problems of American small business enterprises. It shall be the duty of such committee to study and survey by means of research all the problems of American small business enterprises, and to obtain all facts possible in relation thereto which would not only be of public interest, but which aid the Congress in enacting remedial legislation.

There has been opposition to the reestablishment of a special committee on small business based primarily on arguments-

1. That special committees are deemed by some Members of the Senate to be in violation of the spirit of the Reorganization Act;

2. That a special comm1ttee does not have legislative authority and cannot act directly on legislation for small business, once its studies and investigations on a subject have been made.

· These two objections do not apply to the - establishment · of a standing Comm1ttee on Small Business.

The numerous problems of small business fall within the jurisdiction of practically every committee in the Senate. Tllese problems include taxation and finance, interstate and foreign commerce, growth of concentration in industry, antitrust legislation, education and labor, Government and armed services procurement, and trade inspired by foreign econom1c programs and policies. These problems, generally diversified and oftentimes highly specialized, call for prompt investigation and remedial legislation. This can best be accomplished speedily and efficiently by a standing committee charged especially with the duty of providing assistance to small business enterprises.

Your comm1ttee envisions that the work of the Committee on Small Business will include, but not be limited to, the study and 1n vestigation of-

1. Supply and distribution of basic mate-· rials with particular reference to whether or not independent small business is obtaining its fair share of such materials under existing or future distribution methods and patterns;

2. Policies of Federal Government departments, agencies, and corporations with respect to inclusion of independent small business in their present programs and future planning with pariicular,reference to the procuren:ent activities . of such departments, agencies, and corporations;

3. Prices charged for materials needed and utilized by independent small business to determine whether they are fair and equitable 1n relation to prices charged their larger competitors;

4. Pressures of vertically and horizontally integrated combinations to eliminate independent small business in the American industrial productive and distributive system;

5. Inabillty ·or both new and old independent small business to adequately finance itself from its own earnings due to tax structure and effect of such tax structure on the merger movement;

6. Participation of independent American small business in foreign-aid programs and adequacy of representation of independent American small business by diplomatic and consular officials abroad;

7. Development of programs to adequately insure independent small business a fair share of raw and finished materials and services on and from public-owned mineral resources, forest services, irrigation and reclamation projects;

8. Development of a sound program to safeguard the place of independent small business in the American economy.

Since the expiration of the former Special Committee on Small Business, there has been no one Senate committee to consider and recommend legislation regarding the economic problems of small business, although almost every one of the standing committees of the Senate is in one way or another concerned with problems vitally and directly affecting small-business enterprises. The number and importance of the problems peculiar to small business warrants the establishment of a standing committee which will give full time and attention to the solution of these problems and which has authority· to recommend remedial legislation to the Sen-ate. '

Three million six hundred and fifty thousand small-business concerns in the United States are owned and operated, on the average, by 2¥2 persons each. This constitutes a total of 9,125,000 persons, or 92 percent of our entire economy. These concerns employ about 65 percent of all commercial and industrial wage earners and produce about 45 percent of our entire output. The former Special Committee on Small Business was in existence from October 1940 until January 31, 1949. Its expiration has resulted in the discontinuance of specialization on smallbusiness problems 1n the Senate; a service which your committee believes is of great value to this large part of the Nation's economy.

Therefore, the Comm1ttee on Rules and Administration recommends the establishment of a Standing Committee on Small Business as provided for by Senate Resolution 58.

Mr. WHERRY. Mr. President, if we cannot have action on this resolution on the call of the calendar, I ask the distinguished majority leader if we cannot have the resolution taken up for consideration at some later date. There is much interest in the subject. The resolution provides for a permanent standing committee dealing with small business. If the resolution cannot tie agreed to on the call of the calendar I believe it should be taken up for consideration at an early date.

Mr. LUCAS. I understand how the Senator from Nebraska feels about a measure of this kind. When it comes up for consideration there will be considerable discussion of it. The Senator from Montana [Mr. MURRAY] introduced a measure earlier in the session, which was referred to the Committee on Banking and Currency, and he will probably want to substitute his measure for this one, when it is considered. The Senator from. South Carolina [Mr. MAYBANK} has already appointed a subcommittee of the Committee on Banking and Currency which is dealing with small business at the present time. No doubt he will want to be heard when the measure comes up for consideration. The Senator from South Carolina is not now present in the Senate Chamber.

1949 CONGRESSIONAL RECORD-SENATE 8927 I might say for the benefit of my dis

tinguished friend, the Senator from Nebraska, that we had this matter up before our policy committee some time ago, and that committee was unanimously in opposition to the appointment of a standing committee for small business.

Mr. WHERRY. Will the distinguished majority leader say whether the policy committee took a position respecting the so-called Murray measure?

Mr. LUCAS. No. The committee, as I recall, took no position either on the Murray measure or upon the other measure which is being considered by the Senate Committee on Banking and Currency. But I anticipate that when the matter comes up for consideration there will be quite a little debate upon it. I will say to my friend from Nebraska that there is a possibility that we can take it up before Congress adjourns. I will not guarantee that. I might, however, be persuaded by the relentless logic of my friend from Nebraaka to ask that it be brought up for consideration later on.

Mr. WHERRY. I thank the majority leader for even that much assurance. It has been demonstrated time and time again that what we need in the United State.; Senate is a small business committee as a permanent standing committee. I only hope the majority leader will give consideration to the measure, and at least permit it to be brought up for consideration, so arguments . can be presented for and against it, and so the Senate can take. definite action one way or the other before the present session of Congress is concluded.

Mr. LUCAS . . I will say to the Senator from Nebraska that there is a tremendous amount of interest in this matter. 'I'he Committee on Banking and Currency is very much concerned about it. I know that the Senator from Montana [Mr. MURRAY] and the Senator from Florida [Mr. PEPPER] and other Senators are interested in having a sort of special committee, such as we had in the past, of which the distinguished Senator from Nebraska was chairman. They hope that such a committee can be set up. So I imagine there would probably be 2 or 3 days of debate on the resolution.

The PRESIDING OFFICER. On objection, Senate Resolution 58 is passed over.

RESEARCH IN FAMILY ASPECTS OF CHRONIC ILLNESSES

The concurrent resolution (S. Con. Res. 17) providing for expansion and intensification of public-health research on the family aspects of chronic illnesses, was considered and agreed to, as follows:

Resolved, etc., That it is the sense of the Congress that research on the familial aspects of chronic illness and investigation of pract ical methods of furnishing family health services should be expanded and intensified, and that the United States Public Health Service should extend its activities toward t his end.

The preamble was agreed to. AUREOMYCIN, CHLORAMPHENICOL, AND

BACITRACIN OR ANY DERIVATIVE

The bill CH. R. 3151) to amend the Federal Food, Drug, and Cosmetics· Act

of June 25, 1938, as amended by providing for the certification of batches of drugs of aureomycin, chloramphenicol, and bacitracin, or any derivative thereof, was considered, ordered to a third reading, read the third time, and passed. NATIONAL EMPLOY THE PHYSICALLY

HANDICAPPED WEEK

The joint resolution (H. J. Res. 228) authorizing an appropriation for the President's Committee on National Employ the Physically Handicapped Week, was announced as next in order.

Mr. HENDRICKSON. Mr. President, may we have an explanation of the joint resolution?

Mr. PEPPER. Mr. President, the Senator from Montana [Mr. MURRAY] reported the joint resolution from· the Committee on Labor and Public Welfare, but he does not happen to be on the fioor, and as I am a member of the committee, I shall be very glad to give any explanation I can of it.

A long while ago the President recommended the establishment of a committee to aid in obtaining employment for physically handicapped citizens of our country. The committee consists, I believe, of 275 individuals and 165 organizations. The committee, of course, needs some personnel to coordinate the activities of so large an organization,· and in addition to these private members, the governors of States, the mayors of cities, and all kinds of public and private organizations are cooperating splendidly -in a joint enterprise to try to devise means by which the physically handicapped, veterans ·and civilians, may find opportunities for gainful employment. The bill provides for only $75,000 a year, which the President recommended should be made available for personnel, and for some little printing and telephone calls, and the like, to aid this splendid private committee in finding gainful employment for these handihapped citizens.

Mr. HENDRICKSON. I thank the Senator.

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

There being no objection, the Senate proceeded to consider the joint resolution, which was ordered to a third reading, read the third time, and passed. JOINT RESOLUTION AND BILL PASSED

OVER

The joint resolution CS. J. Res. 2) proposing an amendment to the Constitution of the United States providing for the election of President and Vice President, was announced as next in order.

Mr. LANGER. By request, I ask that the joint resolution go over.

The PRESIDING OFFICER. The joint resolution will be passed over.

The bill CS. 2085) to amend the Employment Act of 1946, with respect to the Joint Committee on Economic Report, was announced as next in order.

Mr. LANGER. By request, I ask that this bill go over.


PURCHASE OF LAND FROM THE THREE AFFILIATED TRIBES OF FORT BERTHOLD RESERVATION, N. DAK.

The Senate proceeded to consider the joint resolution <H.J. Res. 33) providing for the ratification by Congress of a contract for the purchase of certain Indian lands by the United States from the Three Affiliated Tribes of Fort Berthold Reservation, N. Dak., and for other related purposes, which had been reported from the Committee on Interior and Insular Affairs with amendments.

The amendments were, on page 1, after line 2, to strike out:

That, subject to the additional terms and • conditions hereinafter set forth in sections 2 to 11, inclusive, whlch are made a part of this ratification, the following contract by and between the United States of America and the Three Affiliated Tribes of the Fort Berthold Reservation, N. Dak., entered into on May 20, 1948, pursuant to the provisions of the War Department Civil Appropriation Act, 1948 (Public Law 296, 80th Cong.), 1s hereby ratified by the Congress, to wit:

"CONTRACT BY AND BETWEEN THE UNITED STATES AND THE INDIANS OF THE FORT BERTHOLD RESERVATION AS PROVIDED FOR BY PUBLIC LAW 296, EIGHTIETH CONGRESS, FmsT SESSION "This contract, made and 'entered into this

20th day of May, 1948, by and between the United States of America, hereinafter called the 'Government,' represented by the Chief of Engineers, United States Army, and the Three Affiliated Tribes of the Fort Berthold Reservation, N. Dak., hereinafter called the 'tribes,' with the approval of a majority of the adult members of said tribes, witnesseth that:

"Whereas, an item in the Wa~ Department's Civil Appropriations Act, 1948 (Public Law 296, 80th Cong., approved July 31, 1947), appropriating funds for 'Flood Control, General,' provides:

"'Garrison (North Dakota) Reservoir: For acquisition of the lands and rights therein within the taking line of Garrison Reservoir which lands lie within the area now established as the Fort Berthold Indian Reservation, N. Dak., including au elements of value above or below the surface thereof and including all improvements, severance damages and reestablishment and relocation costs the sum of $5,105,625, which said sum is included in the total allocated under this act

. for the said Garrison Reservoir and which shall be deposited in the Treasury of the United States to the credit of the Three Affiliated Tribes of Fort Berthold Reservation, to be subject to withdrawal and disbursement as herein provided. This amount is made available subject to the following conditions subsequent and in the event the said conditions are not complied with then this amount shall lapse and be thereby null and void. Said conditions subsequent are:

" 'That a contract between the United States and the said Three Affiliated Tribes shall be negotiated and approved by a majority of the adult members of said tribes and ·enacted into law by the Congress, providing for the conveyance of said lands and interests and the use and distribution of said fund and that disbursements from said fund shall be made forthwith in accordance with said approved contract and act of Congress.

" 'That said contract shall be submitted to the Congress on or before the 1st day of June 1948: Provided, however, That, notwithstanding said contract or the provisions of this act, the said Three Affiliated Tribes may bring suit in the Court of Claims as provided in section 24 of the act of August 13, 1946, on account of additional damages, if any,

•

'8928 CONGRESSIONAL RECORD-SENATE JULY 6 alleged to have been sustained by said tribes by reason of the taking of the said lands and rights in the said Fort Berthold Indian Reservation on account of any treaty obligation of the Government or any intangible cost of reestablishment or relocation, for which the said tribes a.re not compensated by the said $5,105,625.'

"No, therefore, the parties hereto do mutually agree as follows:

"ARTICLE I .

"The tribes, notwithstanding this contract, reserve to themselves all their rights and privileges to pursue further their claims against the government by filing suit in the Court of Claims in accordance with Public Law 296 or by petition'ing Congrei;:s for additional relief legislation, or both.

"ARTICLE ll

"The lands to be taken or acquired by the United States under this contract, to be hereinafter referred to as the "Taking Area", are described as follows:

"Part A-Within reservation boundaries "Beginning at the Northwest corner of

Section 6 Township 150 North, Range 93 West oi the 5th ;p. M.; thence Ea.st to the West sixteenth line; thence South to the East and West quarter line; thence East· to center of said section; thence South to South quarter corner; thence East to the."

And insert in lieu thereof the following:

That, upon acceptance of the provisions of this act by a majority of the adult members of the Three . Affiliated Tribes. of the Fort Berthold Reservation, all right, title, and interest of the said tribes in and to the lands constituti:p.g, the Taking Area described in section 15 (including all elements of value above or below the surface) shall vest in the United Stat.es of America. .

SEC. 2. 'fhe fund of $5,105,625 appropriated by the War Department Civil Appropriation Act, 1948 (Public Law 296, Eightieth Congress), snall not lapse into the Treasury as

. provided therein, but shall be available for disbursement un,der the qirection of the Commissioner of Indian Affairs, Bureau of Indian Affairs, United States Department of

_the Interior (hereinafter called the ''Commissioner") for the following purposes:

(a.) Payment for tribal and allotted In. dian lands and improvements, . including heirship interests, and values above and below the surface, within the Taking Area;

(b) Costs of, relocating and restablishing the members of the tribes who reside within the Taking Area; and

(c) Costs of relocating and reestablishing Indian cemeteries, tribal monuments, and shrines within the Taking Area.

Any unexpended balance remaining fro:r.1 the said fund of $5,105,625 after the completion of the purposes set forth in subsections (a), (b), and (c) shall remain in the Treasury to the credit of the tribes.

SEC. 3. To the extent that $5,105,625 is insufficient to accomplish the purposes set forth in subsections (a), (b), and (c) of section 2, other funds appropriated for the construction of the Garrison project shall be used to complete the accomplishment of such purposes.

SEC. 4. There is hereby established a board of appraisal which shall consist of one member designated by the Secretary of Agriculture, one :tnember designated by the Secretary of the Interior, and one member designated by the Chief of Engineers. It shall be the duty of the board to prepare an appraisal schedule ·of the tribal and individual allotted lands and improvements, including heirship interests, located within the Taking Area. In the preparation thereof the board shall determine the fair value of the land and im

. provements, giving full and proper weight to the following elements of appraisal: Value of any tract of land, whether full interest or

partial interest, including value of standing timber, mineral rights, and the uses to which the lands are reasonably adapted. Upon completion of the said schedule of appraisal it shall be submitted .to the Chief of Engineers.

SEC. 5. Upon receipt of such schedule of · appraisal by the Chief of Engineers, he shall transmit to the tribal council the schedule of appraisal in its entirety and such portions of the said schedule to individual Indians as relate to their respective · interests.

· The tribal council and the interested individual Indians shall have 90 days from the date of receipt of such schedule of appraisal in which to present to the Commissioner their objections, if any, for consideration and action thereon.

- .. SEC. 6. The right of the tribes and of the allottees and heirs of allottees to accept or reject the appraisal covering their respective property is reserved to them. Upon the rejection of the appraisal affecting the lands or the respective interests, the Department of the Army shall institute proceedings in the United States District Court for North Dakota for the purpose of having the just compensation for such .property judicially determined. Any judgme~t entered against the United States in such proceeding shall be - charged against the said fund of $5,105,625.

SEC. 7. ln all proceedings instituted in accordance with section 6 of this act, individual members of the tribes may request the Commissioner of Indian Affairs to designate attorneys of the Bureau of Indian Affairs to represent them.

SEC. 8. The amount determined to be due the individual allottees and other individual Indians shall be deposited to the credit of such individual Indians in their individual Indian money accounts.

SEC. 9. The tribes and the members thereof may salvage, remove, reuse, sell, or other-

. wise dispose of all or any part of their. improvements within the taking area without any deduction therefor in the appraisal schedule to be prepared by the Commissioner, subject to the condition that the district engineer,. Garrison district, may not enter for the purpose of clearing the said improvements until at least October 1, 1952, and subject further to the condition that the . district engineer shall serve notice of such purpose at least 3 months prior thereto.

SEc. 10. The tribes and the members thereo~ shall have the.privilege of cutting timber and all forest products and removing sand and gravel, and may use, sell, or otherwise dispose of the same until at least October 1, 1950, without any deduction therefor in the appraisal schedule to be prepared by the Commissioner, subject to the condition that the said date may be adjusted to a later date by the Chief of Engineers on the request of the Commissioner, and subject to the further conditions that the district engineer, Garrison district, shall serve notice of clearing at least 3 months prior thereto. ·

SEC. 11. The tribes and the members thereof may remove, sell, or otherwise dispose of lignite until such date as the district engineer, Garrison district, fixed for the impound.ment of waters.

SEC. 12 . . The district engineer, Garrison district, will give notice at least six months in advance of the date on or after which impoundment of waters may begin, and no damage for loss of life or property due to impoundment of waters on or after the date specified in said notice may be claimed. · The date established by such notification will not be earlier than October 1, 1952. , SEC. 13., In additior.i to the $5,105,625 appropriated by the War Department Civil Appropriation Act, 1948 (Public Law 296, Eightieth Congress), the further sum of $4,000,000 shall, upon acceptance of the provisions of this act by the tribes, be placed to the credit

. of the tribes in the Treasury of the United States, which sum shall be in full satisfaction of (1) all claims, rights, and demands of said

tribes arising out of this act and not compensated for out of the said $5,105,625, and the additional sums, if any, specified in section 3; (2) and of all other rights, claims, and demands of said tribes of any nature whatsoever existing on the date of enactment of this act, whether of tangible or intangible nature ·and whether or not cognizable in law or equity; (3) and of any and all claims, rights, or demands arising out of the treaty with the United States of September 17, 1851 (11 Stat. 749), or any other treaty (including any unratified treaty) or agreement prior to the approval and acceptance of this act.

SEC. 14. The fund of $5,1Q5,625, appropriated by the War Department Civil Appropriation Act, 1948 (Public Law 293, Eightieth Congress) , and the fund provided for by section 13 of this act shall bear interest at 4 percent per annum from the date of acceptance of this act uIJ.til disbursed. No part of either of such funds shall be used

' for payment of the fees or ·expenses of any agent, attorney, or other representattves of any individual Indian tribe.

SEc. 15. The Taking Area is described as follows:

PART A-WITHIN RESERVATION BOUNDARIES

Beginning at the Northwest corner of Section 6, Township 150 North, Range 93 west of the 5th P. M.; 'thence East to the West sixteenth line; thence South to the East and West quarter line; thence East to center of said Section; thence South to South quarter corner; thence East to the.

On page 61, after line 2, to strike out: ILARTICLE Ill

"Section 1. ·The fund of $5,105,625 shall be subject to disbursement under the direction of the Commissioner of Indian Affairs, Bureau of Indian Affairs, United States Department of the Interior, .hereinafter called the 'Commissioner', for the following purposes:

"(a) Payment for tribal and allotted Ind~an lands and improvements, including heirship interests, and values above and below the surface, to be taken for the Garrison Project;

"(b) Costs of relocating and re-establish. ing the members of the tribes who ·reside

within the Taking Area of the Garrison Project; and

"(c) Costs of relocating and re-establishing Indian cemeteries, tribal monuments, and shrines within the Taking Area of the Garrison Project.

"Section 2. The cost of relocating and reestablishing government owned buildings,

. facilities, roads and bridges will be paid fr9m appropriations made Ol' to be made for the construction of Garrison Reservoir, and funds for these purposes may, in the discretion of the Chief of Engineers, be transferred to the CommL~sioner for expenditure.

"Section 3. No portion of the said fund of $5,105,655 shall be expended by any agency of the government for any expense or cost incurred by it in carrying out the terms of

. this contract. "Section 4. Any unexpended balance re

maining from the said fund of $5,105,625 after the completion. of the purposes set forth in subsections (a), ( b), and ( c) of Section 1 of this Article shall remain to the credit of the tribes.

"Section 5. Lands ana improvements belonging to any church, mission, missionary society or to any person not a member of the tribes are excluded from this contract and no part of the fund dealt with in this Article shall be used to pay ·for the same.

"ARTICLE IV

"Section 1. The Commissioner shall have prepared an appraisal schedule on an individual tract basis of the tribal and allotted lands and improvements, including ·heirship interests, located within the Taking Area. In the preparation thereof, he shall det ermine

1949 CONGRESSIONAL RECORD-SENATE 8929 the fair market value of the land and improvements, giving full and proper weight to the following elements of appraisal: damage suffered by partial taking of any tract of land, value of standing timber, mineral rights, and the uses to which the lands are reasonably adapted. He shall also have the said schedule of appraisal submitted to: the Chief of Engineers for approval.

"Section 2. Upon approval by the Chief of Engineers, the Commissioner shall transmit to the Council the schedule of appraisal in its entirety and such portions of the said schedule to individual Indians as relate to their respective interests. The Council and the interested individual Indians will have ninety days from the date of transmittal in which to present to the Commissioner their

·objections, if any, for consideration and ac-tion thereon. ·

"Section 3. The right of tp.e tribes and of the allottees and heirs of· allottees to accept or reject the appraisal covering their respective property is reserved to them. Upon the rejection . of the appraisal affecting the lands or the respective interests, the Department of the Army shall institute proceedings in the United States District Court for North Dakota for the purpose of having the just compensation for such property judicially determined. Any judgment entered agai;nst the United States in such proceedings shall be charged against the said fund of $5,105,625.

"Section 4. In all proc.eedings instituted in accordance with Section 3 of this Article, individual members of the tribes may request the Commissioner of Indian Affairs to designate attorneys of the Bureau of In_dian Affairs to represent them.

"ARTICLE V

"Section 1. The administrative responsibility for the removal, relocation, and re-establishment of the members of the tribes shall be vested in the Commissioner. The Commissioner shall prepare a plan of remo·val, together with the estimates of cost, and submit the same to the Chief of Engineers. Upon approval by the Chief of Engineers, the plan and estimates shall be transmitted to the Council and on approval by it 'the C<;>mmissioner shall carry out such plan. The plan shall include but shall not be restricted

· to the cost of transporting to their new lbcations members of the tribes, their household goods, farming equipment, livestock and other property, the cost of constructing fences and of developing domestic and livestock water supplies on the residual reservation as it may be extended, and the cost of disman-. tling, transporting, and reerectiligsalvageahle buildings and imp·rovements. · ·

"Section 2. The · Chief of Engineers shall promptly submit to the . Commissioner ·a schedule showing the approximate time of clearing the right-of-way of. the Garrison project within the taking area · of .the Fort Berthold Reservation. Thereafter the .Chief of Engineers and the Commissioner shall ·at

. least annually review the sched\lle · of removal to decide upon any changes· proposed by either party. The Chief of Engineers shall, however, have final authority to determine any necessary chang-es required -to be made in the schedu.le. T.he schedule shall provide for systematic and orderly clearing of the right-of-way by succession of segments.

"ARTICLE VI

"Section 1. The Commissioner shalI prepare a plan, together with cost estimates, for the relocation and reestablishment of tribal monuments, shrines ann other -tribal facilities, and for the disinterment and reinterment of all bodies within the Taking Area, designated by the Council, allottees, heirs, and churches, and submit the same to the Chief of Engineers. Upon approval of

- the plan and cost estimates by the Chief of Engineers the Comttiissiqner shall transmit the same to the Council and upon approval

by it, the Commissioner shall carry out such plan.

"Section 2. New sites for the reestablishment of monuments, shrines, private burials, and cemeteries shall be acquired out of the proceeds from the taking of present sites within the Taking Area. Titles to the new sites shall be of like character as exist for the sites acquired by the United States within the Taking Area.

"Section 3. Responsibility for carrying out the plan provided for in Section 1 of this Article shall be undertaken, insofar as practicable, by the interested churches, heirs, allottoos, Council, or keepers of a particular ' shrine. The removal plan shall provide for · the employment of Indians and for tribal and religious ceremonies. The Commissioner, however, is authorized and directed to assume any responsibility not assumed by any other interested party or parties.

"ARTICLE vn "The amount determined to be due the

tribes for tribal lands and interests under the terms and conditions of this contract shall be held in trust by the United States for said tribes and may be used to acquire such other·lands or other tribal property, or for such other purposes, as may be determined by the Council with the approval of the Commissioner. " All lands thus acquired shall be held by the United States in trust for the benefit. of the tribes as other tribal lands and shall be inalienable and nontaxable until otherwise provided by Congress, notwithstanding any other restrictions on the purchase of land under any other law.

"ARTICLE VIII

"Section 1. The amount determined to be due the individual allottees and other individuar Indians shall be deposited to such individual Indians in their Individual Indian Money Accounts and shall be available for expenditures under the terms of this contract.

"Section 2: Under regulations of the Secretary of the Interior or his duly authorized representative, the Superintendent of the

· Fort Berthold Reservation may authorize the disbursement of funds deposited in the Individual Money Accounts of non-resident members of the tribe and of such other members who, in his opinion, do not require supervision over such funds. Expenditures may be made from the accounts of individual

· Indians whenever necessary and desirable . for the purchase of new lands, homes, or other property for such Indians. · -

tion for livestock, an1 shall be accompanied by one or more maps upon which the areas required for grazing shall be delimited. .upon approval of the plan by the Chief of Engineers, the grazing areas delimited for the use of reservation livestock shall be permanently reserved to the tribes and the members thereof, and may n.ot be reduced or changed thereafter except with the consent of the Commissioner and approval of the Council. The Council may promulgate Rules and Regulations for the utilization of the areas so reserved.

"Section 2. In the preparation of the grazing area plan, provided for in Section 1 of this Article, the Commissioner shall, upon the advice of the Chief of Engineers, eliminate any feature which would interfere with

. the operation of the Garrison Project, but no reservation of land below the taking line of Garrison Reservoir for park, recreational, or wildlife conservation within the Fort Berthold Reservation shall operate to interfere with the prior right of the tribes and the members thereof· to the grazing areas delimited by the Commissioner and approved by the Chief ·of Engineers, notwithstanding the provisions of Section 4 of the Flood Control Act of December 22, 1944 (Public Law No. 53'4, 78th Congress) as amended or supplemented by Section 4 cf the · Flood Control Act of July -24, 1946 (Public Law No. 526, 79th Congress) . ·

'!Section 3. The Council will cooperate with the government and with the State of North Dakota in the conservation, development, and utilization of the wildlife resources within the Taking Area. The hunting and .trapping rights of the tribes and the members thereof, as presently established, are expressly reserved to them, and the Council will'have the right to issue licenses in accordance with tribal regulations. The tribes and the members thereof will be entitled to fish in Garrison Reservoir under such Rules and Regulations as ·the Chief of Engineers may establish, but they shall not be required to pay any license fee therefor.

"Section 4. The right is reserved ·to the tribes for use by its members, under such terms and conditions as shall be determined upon by the Council and in accordance with plans approved by the Chief of Engineers, to establish , boat harbors, wharfs, and recreational areas . within ' tile Taking Area, provided that service and dock privileges shall not be made available to non-members of the tribes witb,in the ·Taking Area of the Reservqir located wit.bin the exterior boundaries of the re·~ervation except in accordance with regulations and schedules of rates approved -- by ther tribes with the concurrence

· or. appro.val of the Chief of Engineers. · "ARTICLE XI

"Section :' . . Title to new land acquired with the prqceeds deposited, to 'the credit of the allottees or heirs shall be taken in the . name

.. 9~ tp.~ United States in trust for the in,divici.ual Indians entitled thereto, and shall be

- nonalienable · and nontaxable until otherwise provided by Congress.

"ARTICLE IX

,"Section 1. Upon the approva1: of this contract by the Council and by a ll}ajority of the adult members of the tribes and its enactment into law, it is, and shall be held

"Section 1. The tribes and · the · ·members thereof may salvage, remove; reuse, sell, or otherwise dispose of all or any part of their

.. improvements within the Taking Area with, r out ~my deducfion ther~~9r in . the ~ppraisal

. to be a relinquishment and conveyance -to the Government of all lands, rights, and interest$ within the Taking Area by the tribes as to tribal lands and by the allottees and h_eirs -as to allptj;ed_ lands,. and no further relinquishment or instrument of conveyance shall be required to extinguish the Indian's interest in and to such lands· and rights and to vest the title in the United States.

"ARTICLE X

"Section 1. With two years from the date of this contract the Commissioner, with the approval of the Council, will transmit to the Chief ol Engineers a plan for the grazing of livestock between the taking line and the actual water line of the Garrison Reservoir within the residual Fort Berthold Reservation. The said plan shall be based upon the fullest development ot the residual reserva.-

-schedule to be prepared by the Commissioner, subject to the . condition that the District Engineer, ' Garris9n District, may ·not enter for the purpose of clearing tlie said improvements until at least October 1, 1952, and suh.:. ject further· to the condition that the District Engineer shall serve notice of such purpose at least three months prior thereto.

"Section 2. The tribes and the members t_hereof shall have the privilege of cutting timber and all forest products and removing sand and gravel, and may use, sell, or otherwise dispose of the same until at least October l, 1950 without any deduction therefor in the appraisal schedule to be prepared by the Commissioner, subject to the condition that the said date may be adjusted to a later date by the Chief of Engineers on the request of the Commissioner, and subject to the· -further condition that the District Engineer, Garrison District, shall

8930 CONGRESSIONAL RECORD-SEN.ATE JULY 6 serve notice of clearing at least three months prior thereto.

"Section 3. The tribes and the members thereof may remove, sell, or otherwise dispose of lignite until such date as the District Engineer, Garrison District, fixes for the impoundment of waters.

"Section 4. The District Engineer, Garrison District, will give notice at least six months in advance of the date on or after which impoundment of waters may begin, and no damage for . loss of life or property due to impoundment of waters on or after the date specified in said notice may be claimed. The date established by such notification will not be earlier than October 1, 1952.

"ARTICLE XII

If, in the future, sub-surface values are discovered within the Taking Area, which if known at this time would increase the value of said area, and said values are reduced to money, then the tribes shall be entitled to have paid to them a royalty of one-eighth of the money received for the oil and gas extracted after the ratification of this agreement. Said royalties to be deposited to the tribal funds, or paid to allottees or heirs as their interests now appear.

"ARTICLE Xlll

"This agreement has been reached upon the understanding that it was the intention of Congress that the entire reasonable cost of accomplishing the purposes set forth in subparagraphs (a), (b), and (c) of Section l, Article m, should be paid from appropriations made or to be made for the construction of Garrison Reservoir; and that if the $5,105,625 now available ls insufficient to meet such reasonable costs as approved by . the Chief of Engineers, such additional sum or sums as may be necessary therefor will be made available from appropriations for construction of Garrison Reservoir.

"ARTICLE XIV

"No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

"ARTICLE XV

"This contract shall not become effective until it has been ratified by a majority of the adult members of the tribes, by the Council of the tribes, and on behalf of the United States by the enactment into law by the Congress. _ "In witness whereof, the parties hereto

have executed this contract as of the day and year first above written.

"Witnesses: "The United States of America: By R. -A.

Wheeler, Lieutenant General, Chief of Engineers, United States Army; Rachel Morris; Joseph W. Kimbel; The Three Affiliated Tribes of Fort Berthold Indian Reservation: By George Gillette, James Hall, Sr., Mark Mahto, George Charging, Sr., Joseph Packineau, Levi Waters, Earl Bateman, Leo Youn~ Wolf, Rufus Stevenson, JBS, James Baker, Allan G. Harper, J. B. Smith, Ralph H. Case, John G. Hunter, D'Arcy McNickle, Members of the Tribal Business Council.

"I, Mark Mahto, certify that I am the Secretary of the Tribal Business Council of the Three Affiliated Tribes named as a party to this contract, and that George Gillette, James Hall, Sr., Mark Mahto, George Charging, Joseph Packineau, Levi Waters, · Earl Bateman, Leo Young Wolf, Rufus Stevenson,

· James Baker, who signed this contract on behalf of said tribes constitute the duly elected and qualified Tribal Business Council.

· "In witness·vthereof, I have hereunto am.xed my hand this 20th day of May, 1948.

"(SEAL] "MARK MAHTO, Secretary. "We, Mark Mahto, Secretary of the Tribal

Council of the Three Affiliated Tribes of the Fort Berthold Reservation, and Ben Reifel, Superintendent of the Fort Berthold Indian Agency, hereby jointly certify that 625 adult members of the said tribes have signified their approval of the foregoing contract consisting of 44 pages numbered 1 to 44 by affixing their signatures to papers bearing the legend 'We approve the contract with the United States relating to lands affected by Garrison Reservoir', which papers are on file in the office of the Fort Berthold Indian Agency. We further certify that the signatures on said papers represent a majority of the adult members of the said tribes, the total number of adult members as of this date being 960.

"MARK MAHTO, Secretary. "BEN REIFEL, Superintendent.

"I concur: May 20, 1948. "J. A. KRUG,

"Secretary of the Interior."

SEC. 2. That there is hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $3,000,000 for the establishment of a Land Readjustment Fund which shall be administered by the Secretary of the Interior or his duly authorized representative. The fund shall be operated for the benefit of the Indians of the Three Affiliated Tribes in consolidating their land holdings and in purchasing land for needy members thereof. The fund shall be operated for a period of 10 years from the date of the appropriation act ~:herefor and at the termination of said period of 10 years any balance remaining therein shall revert to the Treasury, and all lands acquired by the fund which have not been deeded in trust to members of the Three Affiliated Tribes shall be held by the United States in trust for the Three Affi.llated Tribes and shall be nontaxable and nonalienable until otherwise provided by Congress.

SEC. 3. That the sum authorized to be appropriated by section 2 of this joint resolution shall be used to bring about the consolidation of Indian allotted and tribal lands

. into economic use units. The Secretary of the Interior or his duly authorized representative is authorized to acquire by purchase or exchange any allotted, inherited, or unrestricted lands, interests in lands and improvements, located in the Fort Berthold Reservation. Lands so acquired by purchase or exchange for the Indians will be taken in

. the name of the United States in trust for the tribes or individual Indians, and lands so acquired by the tribes may be sold to or exchanged with members of the Three Affiliated Tribes. These lands shall have the same status as other tribal lands and be subject to existing laws relating to sales or exchanges, and shall remain nontaxable and nonalienable until otherwise provided by Congress. Proceeds derived by members of the Three Affiliated Tribes for lands taken for the Garrison project may be used to purchase lands acquired by the tribe with land readjustment funds. The tribal authorities may make assignments of land to needy members of the tribes 1n the manner provided by existing law.

SEC. 4. To compensate adequately the Three Affiliated Tribes and the individual members thereof for any and all claims which they may have for breaches of their treaty with the United States of September 17, 1851 (11 Stat. 749), by reason of the construction and operation of G.arrison Dam and Reservoir project, North Dakota; for the disregard or abrogation of section 5 (e) of article VI of the constitution and bylaws of the said Three Affiliated Tribes of the Fort Berthold Reservation, adopted in accordance with sec-

tion ·l6 of the Indian ·Reorganization Act of June 18, 1934 (48 Stat. 984); for the disruption of ·the economic, social, religious, and community life of the said tribes; for reduclng the said tribes to the condition of displaced persons; for the destruction of the basic industry of the sald tribes; for the intangible costs of relocation and the reestablishment of a sound economic base for the futu:re of said tribes and their adjustment to the new fields of endeavor to be created by the construction and operation of Garrison Dam and Reservoir, none of which is covered by or compensated for by the appropriation nade by said act of July 31, 1947, and which is not covered by or compensated for in the contract hereinbefore set out, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $6,500,000, and when said sum shall have been appropriated it shall be credited to the Three Affiliated Tribes in the Treasury of the United States and draw interest at the rate of 4 percent per annum, and shall be available for expenditure by the Tribal Council of the said Three Affiliated Tribes of the Fort Berthold Reservation with the approval of the Secretary of the Interior or his duly authorized representative.

SEC. 5. When electric power ls available from the Garrison Dam, there is hereby reserved and set aside a block of power of 20,000 kilowatts for sale and distribution by the Three Affiliated Tribes for use of such power on the residual Fort Berthold Reservation as it may be extended. This block of power shall be delivered at such point or points on the reservation and at such voltage as may be determined by the Secretary of the Interior. Payment shall be made for the power actually used at the lowest whole· sale rate or rates, applicable to the same class of service, made available to other customers receiving electric power from the Garrison .Dam power plant. The transmission and distribution system necessary for the delivery of such block of power to the customers of the said Three Affiliated Tribes shall be constructed from time to time as needed by the said tribes, with funds made available therefor by the United States without cost to the said tribes, and there is hereby authorized to be appropriated from time to time such sums as may be required for the construction of the said distribution system to make available to the customers of the said Three Affiliated Tribes the block of power herein reserved to them. The rates for the sale of the power by the Three Affiliated Tribes shall be subject to approval by the Secretary of the Interior. Until such time as the said Three Affiliated Tribes shall require all of- the electrical power reserved to them, any amount in excess of that actually required by the said Three Affiliated Tribes shall be available to the Secretary of the Interior for sale or disposition off the Fort Berthold Reservation as extended.

SEC. 6. That, under the direction of the Secretary of the Interior, there shall be made complete investigations as to the feasibil· ity of providing irrigation for any Indian individual tribe or tribal trust lands within the residual Fort Berthold Reservation as it may be extended, including any such lands acquired in the future. Any trrigation works and related facilities which, on the basis of such investigations, the Secretary of the Interior· determines to be feasible are hereby authorized to be constructed, maintained, and operated under his direction. The facilities thus provided for the irrigation of Indian lands shall be not less favorable to the Indian lands than for nonIndian lands provided with such irrigation facilities, and the cost assessable against the land properly chargeable as an irrigation cost shall not be more than the cost of providing similar facilit.ies to other lands receiving benefits from the Garrison Dam. The

1949 CONGRESSIONAL RECORD-SENATE 8931 repayment of the share of the cost to be borne by the Indian lands shall be subject to the terms and conditions of other laws applicable to Indian lands, including the act of July 1, 1932 ( 47 Stat. 664, 565).

SEC. 7. The fund of $5,105,625, appropriated by Public Law 296, Eightieth Congress, for compensation to the Three Affiliated Tribes shall bear interest at 4 percent per annum in the Treasury of the United States, from May 20, 1948, and the interest shall likewise be credited to the Three Affiliated Tribes. The said tunds shall be and remain nontaxable.

SEC. 8. In no event shall any portion of the fund of $5,105,625 and any or all fllllds appropriated under the authority of this joint resolution become liable, payable, or subject to any debt or debts of tbe Three Affiliated TPibes and the members thereof contracted prior to the passage of this Joint resolution, except debts to the United States or the Three Affiliated Tribes.

SEC. 9. The foregoing conditions and requirements, and the funds made available and those authorized to be appropriated in this joint resolution, when accepted by the Tribal Business Council of the Three Affiliated Tribes and appropriated, shall be in complete and final settlement of all the tights, interests, and claims whatsoever of ~he Three Affiliated Tribes and the members thereof against the United States by reaeon of the construction of the Garrison Dam and Reservoir project, North Dakota: Provided, That no funds authorized in this act shall be made available to the Three Affiliated Tribes or their members until the Secretary of the Interior has received ?-0 appropriate resolution adopted by the tribal council and approved by a majority of the adult members of said tribes as accepting payment authorized by this act as full, complete, and final settlement of all rights, interest, and claims whatsoever of the Three Afllliated Tribes and the members thereof against the United States by reason of the construction of Garrison Dam and Reservoir project, North Dakota.

SEC. 10. It is hereby recognized that the royalties provided for in article XII of the contract shall apply to all minerals, including oil and gas, as therein dealt with.

SEC. 11. There is hereby authorized to be .appropriated, out of any money in the Treasury not otherwise appropriated, such sums as are required to carry out the conditions, provisions, and requirements of this joint resolution.

SEC. 12. Lands or interests in lands acguired pursuant to article VII or article VllI of the contract set forth in section 1 of this joint resolution may be sold to or exchanged with the Three Affiliated Tribes or members thereof, or may be exchanged with pther persons, in the manner now or hereafter authorized by law for the sale or exchan~e of lands owned by such Tribes or members thereof.


engrossed and the joint resolution to be read a third time.

The joint resolution was read the third time and passed.

The title was amended so as to read: "Joint resolution to vest title to certain lands of the Three Affiliated Tribes of the Fort Berthold Reservation, N. Dak., in the United States, and to provide compensation therefor."

BILL PASSED OVER

The bill <H. R. 165 > to authorize the American River Basin development, Calif., for irrigation and reclamation, and for other purposes, was announced as next in order.

XCV--563

Mr. HENDRICKSON. By request, I ask that the bill go over.

The PRESIDING OFFICER. The bill will be passed over. QUITCLAIM OF PROPERTY TO MISSIS

SIPPI STATE COLLEGE

The Senate proceeded to consider th.e bill <H. R. 3680) to authorize the Secretary of Agriculture to quitclaim 51Ao acres of land in Washington County, Miss., to the Mississippi State College.

Mr. MORSE. Mr. President, may we have an explanation of the bill?

Mr. STENNIS. Mr. President, the Senator from Montana CMr. MURRAY] is not in the Chamber at the time, and, as I am familiar with the bill, I shall try to explain it.

I call the attention of the Senator to the report on the bill. In 1934 Mississippi State College deeded two small parcels of land, of which the parcel concerned in this bill was one, to the Secretary of Agriculture, for the purpose of erecting thereon an experimental gin, and have a place to house the personnel who would be connected with it. The gin was erected on a small piece of land, but the houses have never been constructed on the 5.1 acres. The idea of constructing the houses has been abandoned, and although the original deed contained a provision that the land should revert unless used for that purpose, nevertheless two pieces of land are included in the same deed, and it is thought this bill is necessary in order to make the title clear. There is a letter from the Secretary of Agriculture in the report. No money consideration was involved. It was a donation to the Government in the beginning.

Mr. MORSE. Mr. President, the State of Mississippi transferred the property to the Government in the first instance for a specific purpose but the Federal Government abandoned that purpose. I understand that the Federal Government has not spent any money on this property; is that correct?

Mr. STENNIS. The ~enator is entirely correct.

The PRESIDING OFFICER. The question is on the third reading of the bill.

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

COTTON MARKETING QUOTAS

Mr. WILLIAMS. Mr. President, a few minutes ago I obj\:!cted when Senate bill 1962, Calendar No. 595, was reached on the call of the calendar. I now withdraw my objection, and ask that the Senate return to that bill and consider it.

The PRESIDING OFFICER. Is there objection to the present consideration of Senate bill 1962?

There being no objection, the Senate proceeded to consider the bill <S. 1962) to amend the cotton-marketing-quota provisions of the Agricultural Adjustment Act of 1938, as amended. which had been reported from the Committee on Agriculture and Forestry with an amendment, to strike out all after the enacting clause, and insert: ·

That sections 342 to 350, inclusive, of the Agricultural Adjustment Act of 1938, as amended, are amended to read as follows:

"NATIONAL MAltKETING QUOTA

''SEC. 342. Whenever during any calendar year the Secretary determines ( 1) that the total supply of cotton for the marketing year beginning in such calendar year will exceed the normal supply for such marketing year by more than 8 percent, or (2) that such total supply is equal to or greater than such normal supply and that the price of cotton at the beginning of such marketing year is 9(} percent of parity or less, the Secretary shall proclaim such fact and a national marketing quota shall be in effect with respect to cotton during the marketing year beginning in the next calendar year. The secretary shall also determine and specify in such proclamation the amount of the national marketing quota in terms of the number of bales of cotton (standard bales of 500 pounds gross weight) adequate, together with ( 1) the estimated carry-over at the beginning of the marketing year for which the national marketing quota is proclaimed and (2) the estimated imports during such marketing year, to make available during such marketing year a normal supply of cotton. The national

·marketing quota for any year shall be not less than 10,000,000 bales or 1,000,000 bales less than the estimated domestic consumption plus exports of cotton for the marketing year ending in the calendar year in which such quota is proclaimed, whichever is the smaller. Such proclamation shall be made not later than October 15 of the calendar year in which such determination· is made.

"REFERENDUM

"SEC. 343. Not later than November 15 following the issuance of the marketing quota proclamation provided for in section 342, the secretary shall conduct a referendum, by secret ballot, of farmers engaged in the production of cotton in the calendar year in which the referendum is held, to determine whether such farmers are in favor of or opposed to the quota so proclaimed. If more than one-third of the farmers voting in the referendum oppose the national marketing quota, such quota. shall become ineffective upon proclamation of the results of the referendum. The secretary shall proclaim the results of ~my referendum held hereunder within 30 days after the date of such referendum.

"ACREAGE ALLOTMENTS

"SEC. 344. (a) Whenever a national marketing quota ls proclaimed under section 342, the Secretary shall determine and proclaim a national acreage allotment for the crop of cotton to be produced in the next calendar year. The national acreage allotment for cotton shall be that acreage, based upon the national average yield per acre of cotton for the 5 years immediately preceding the calendar year in which the national marketing quota is proclaimed, required to make available from such crop a supply of cotton equal to the national marketing quota: Provided, That whenever during any calendar year a national marketing quota is not proclaimed f.or cotton for the marketing year beginning in the next calendar year and the total supply of cotton for such marketing year is equal to or in excess of the normal supply, or if the Secretary determines that farm acreage allotments are necessary for the effective operation of the price-support program with respect to the crop produced for marketing in such marketing year, the Secretary shall determine and proclaim a national acreage allotment for such crop on the basis of the foregoing proVisions, using a national marketing quota computed as provided in section 342, and apportion such national allotment among States, counties, and farms pursuant to the provisions of this part.

"(b) The national acreage allotment for cotton for 1953 and subsequent years shall be apportioned to the States on the basis of the acreage planted to cotton (including the

8932 CONGRESSIONAL RECORD-· SENA:TE JULY 6 acreage regarded as having been ·planted to cotton under the provisions of Public Law 12, 79th Cong.) during the five calendar years immediately preceding the calendar year in which the national marketing quota is proclaimed, with adjustments for abnormal conditions of production during such period.

"(c) The national acreage allotments for cotton for the years 1950 and 1951 shall be apportioned to the States on the basis of a national acreage allotment base of 22,500,000 acres, computed and adjusted as follows:

"(1) The average of the planted acreages regarded as planted under the provisions of Public Law 12, 79th Cong.) in the States for the years 1945, 1946, 1947, and 1948 shall constitute the national base; except that in the case of any State having a 1948 planted cotton acreage which is . less than · 50 percent of the 1943 allotment,' the average of the acreage planted (or regarded as planted)' for the y~ars 1944, 1945, 1946, 1947, and 1948 shall constitute the base for such State and shall be included in computing the national base; to this is to be added (A) the estimated additional acreage for each State required for small-farm allotments under subsection (f) - (1) '9f this sect;_ion; (B) the acreage required as .a result Of the State adjustment provisions Of paragraph (2) of this subsection; (C) the additional acreage required to determine a total national allotment base of 22,500,000 acres, which additional acreage shall be distributed on a proportionate basis among States receiving no adjustment under paragraph. (2) of this subsection.

"(2f Notwithstanding the pi:ovis.ions 'or paragraph ( 1) ,cf this suo.se.ction, the acreag~ · allotment base for 1950 and 1951 for any State (on the .basis of a national acreage allotment base of 22,500,000 acres) shall not be fess than the larger of (1) 95 percent .of the average acreage actually planted to cotton in the State during the years 1947 and 1948, or (2) 85 percent of the 1,tcreage planted to cotton in the State in 1948.

" ( 3) If the national ac_reage. allotment for 1950 or 1951 is more or less than 22,500,000 acres, horizontal adjustpients shall be made percentagewise by States so as to reflect the ratio of the national acreage ·allotment for 1950 and 1951 to 22,500,000 acres. - · ·

" ( d) The national acreage allotment for · cotton for 1952 shall be· apportioned to States on the basis of the acreage planted to cotton (including _the acreage regarded as having been planted to cotton under the provisions of Public · Law 12, 79th Cong.) during the years 1946, 1947, 1948, and 1950, with adjustments for abnormal conditions of production during such period.

. "(e) The State acreage allotment for cotton shall be apportioned to counties on the same basis as to years and conditions as is applicable to the State under subsections .(b), (c), and (d) of this section: Provided, That the State committee may reserve not to exceed 10 percent of its State acreage allotment (15 percent if the State's 1948 planted cotton acreage was less than half of its 1943 allotment) which shall be allotted for the purpose of adjustments, either in such i;:ounty apportionments or in farm ·acreage allotments, for trends in acreage, for abnormal conditions of production, other unusual conditions, and to remedy injus-tice and hardships.

"(f) The county acreage allotment, less not to exceed the percentage provided for in paragraph 3 of this subsection, shall be apportioned to farms on which cotton has been planted (or regarded as having been planted under the provisions ·of Public Law 12, 79th Cong.) in any one of the 3 years immediately preceding the year for which such allotment is determined on the following basis:

" ( 1) There shall be allotted the smaller of the following : (A) 5 acres; or (B) the

highest number of acres planted (or regarded as planted} t o cotton in any year of such 3-year period;

"(2) The remainder shall be allotted to farms other than farms to which an allotment has been made under paragraph (1) (B) so that the allotment to each farm under this paragraph together with the amount of the allotment to such farm ulfder paragraph ( 1) (A) shall be the prescribed percentage (which percentage shall be the same for all such farms iri the county or administrative area) of the acreage, during the preceding year, on the farm which is tilled annually or in regular rotation, excluding from such acreages the acres devoted to the production of sugarcane for sugar; ·sugar beets for sugar; wheat,, tobacco, or rice for market; peanuts picked and· threshed; wheat or. rice for feeding to lives.tock for market; or lands determined to be _ q~voteg primarily to orchards or vineyards, and nonir1·igated lands in irrigated areas-: Provided, howeiier, That if a farm would be allotted under 'this · paragraph an acreage together with the amount of the allotment to such farm under paragraph (1) (A) in excess of the largest acreage planted (or regarded as planted) to cotton during any of the preceding 3 years, the acreage 1jtl\otment for-such farm shall not exceed sucli largest acreage so planted (or regarded as planted) in any such year. -

"(3) The county committee may reserve not in excess of· 10 percent of the county allotment ( 15 percent .. if the Starte's . 1948 planted cotton acreage was less than :half its 1?43 allotment) which sh_alJ be :used. for (A) establishing.allotments for farms which were i_?.either ,Used nor regardeq as· Used for COttOJ\ . productiOn during any of'"the' 'tliree calendar

· years· immediately ' preceding _.,.tlle 'yE!itr ror which·the ·allotment is made, .oil the basis of• land, labor, and equipment available for the production of cotton, crop-rotation pra~tices; an~ the soil and other physical facilities affecting the production of cotton; and (B) making adjustments of the farm acreage allotments established under paragraphs (1) .and · (~) of this . subsect~on SQ as to est~blish allotments "'.hic_h· are fair antl equitable · in relation to 'the factots set forth in this paragraph .and abnormal conditions of -'production on ·such farms ··· _. ~ · " · : "(g) Notwithstan.~ing-the Jol.'..eg~ing . provi- .sions of this section-

" ( 1) State, county, and farm acreage allotments arid yields for cotton shall. be established without reg~d to the acreage planted to cotton or to yields in 1949, and in establishing such allotments and yields the period of years required to be used shall be selected where 1949 is within any such period by substituting for 1949 the year immediately preceding the period which would otherwise be used .

"(2) In determining cotton production history under the terms of Public Law 12, Seventy-ninth Congress, whatever acreage is 'regarded' as having been planted to cotton because of the production of war crops or because the owner or operator was serving in the armed forces shall be taken into account in establishing farm, county, and State allotments. The Secretary shall require that adequate and proper administrative safeguards ~nd statistical controls be placed into effect to prevent as far as possi'l:?le ai:iy unreason~ble or inequitable. distribution of such cotton acreage credits . under J;>ublic Law 12, Seve~ty-ninth Congress, to any .farm, county, or State.

"(3) For any farm o~· which the acreage planted to· cotton in any year is less than the farm acreage allotment for such year by not more than the larger of 10 percent of the allotment or one acre, acreage equal to the farm acreage allotment shall be deemed. to be the acreage planted to cotton on such farm.

" .( 4) For any year any part of the acreage allotted to individual farms in aily county

whieh it is r determined by the Secretary through ·the· county committee will not be planted to cotton in the year for which the allotment is made shall be deducted from the allotments to such farms and shall be apportioned in amounts determined to be fair and reasonable to farms in the same county receiving allotments which are inadequate and not representative in view of the past production history of cotton on such farms: Provided, That this paragrfl,ph shall not operate to raise the cotton acreage of any farm above 60 percent of the acreage on such farm which is tilled annually or in regular rota.tion, as determined under regulations prescribed ·by the Secretary. < " ( 5) "If the acreage planted to cotton on any farm is less than the smaller of (A) 90 percent of the farm, acreage allotment, or (B) the acreage allotment less one acre, for two· successive years, the' acreage allotment next established for such farm shall be reduced by the average amount (expressed as a percentage) of such deficiency, unless the owner or operator of the farm had indicated in writing to the county committee not later than a date set by the committee his intention not to plant the full acreage allotment and had released for that year the unused acreage to tlie committee for reallocation to other farms in the county: Pro-1?ided, That if th~ acreage planted to cotton on sucl:i farm is ·less than 'the smaller of ('A) or (B) for 1 three successive 'years, the allotment next established for such farm shall be reduce'd as provided by this paragraph, without' regard to whether the owner or operator has given any such iD;dication• or. relea.se. · "(~) ,In apportio~ing the co.unty allot~ent

_ am_ong the f~r;ms within,t{le county, the Sec~ retary, through the local committees, shall take into consideration different cbnditions within separate administrative areas within a county if any exist, including types, kinds, and productivity of the soil so as to prevent discrimination among the administrative areas of the co:unty. - "(h) Notwithstanding any ot1fer' provislon!l of this i;;ection, the allotment established, 'or Which' WOU.ld have been establish~d, for any farm acquired in 1940 or thereafter for nonfarming purposes by the United States or any .State or agency tP.ereof shall be placed in an allotment pool and shall be used only for establishing allotments for farms owned or acquii:ed by the owner of the farm so acquired by the United States, State, or agency thereof. ·The allotment so made for any farm, including a farm which was not used for cotton prod-uction during any of the three calendar years immediately preceding the year for which the allotment is made, shall compare with the allotments established for the other farms in the same area which are similar for the past acreage of cotton, taking into consideration the character and adaptability of soil and other physical facilities affecting the production of cotton. Allotments established pursuant to this subsection shall not affect the allotments for other farms in the county and the acreage allotted to farms in the county shall be increased to the extent . of such allotments.

" ( i) Provisions of this section shall not apply to any cotton acreage which is leased or owned by a Federal or State agency and farmed by such agency for research purposes.

"(j) Notwithstanding any other provision of this act, State and county committees shall be required to make available for inspection by owners or operators of farms receiving cotton acreage allotments all records pertaining to cotton acreage allotments and marketing quotas.

"(k) Notwithstanding· any other provision of this section or of Public Law 28, Eightyfirst Congress, there shall be allotted to each State for which an allotment is made under this section not less than the smaller of (A) 4,000 acres or. (B) the highest acreage planted (or regarded as planted} to cotton in any

1949 .- C-ONGRESSIONAL_,RECO'RD-_ -SENAT~ 8933 one of· the three calendar years (including 1949 if such year would be included but for the provi'sions of such Public Law 28) immediately preceding the year for which the allotment is made.

. ''FARM-MARKETING QUOTAS

"SEC. 345. (a) The farm-marketing quota for cotton for any farm for any marketing year shall be an amount of cotton equai to the sum of- ·

" ( 1) the normal production or the actual produ~tion, whichever is the greater, pf the farm-acreage allotment; and ·

"(2) the amount of cotton on hand at the beginning of the _marketing year· which could have been marketed free of penalty in the previous marketing year.

"(b) In . any marketing year in which marketing quotas are in effect, cotton produced from_ acreage planted in the calendar year in which such marketing year begins shall be subject to quotas even though it is ·marketed prior to the date on which such marketing year begins.

"PENALTms

"SEc. "346. (a) Any farmer who, while -farm-marketing quotas are in effect, markets cotton in excess of the farm-marketing quota for the marketing year for the farm on which such cotton was produced, shall be subject to a penalty on the excess so marketed at a rate per pound equal to 50 percent of the parity price per pound for cotton as of ·June 15 prior to the beginning of such marketing year.

"(b) The Secretary may require payment of the penalty upon a proportion of each lot of · cotton marketed equal to the proportion which the acreage planted to cotton in excess of the farm acreage allotment is of the total acreage planted to cotton on the f;:i,rm. If cotton is carried over from a previous crop, for purposes .of computing the proportion of the cotton on which penalty will be collected

. when marketed, the total amount of cotton carried over and the proportion thereof which would have been subject to penalty if marketed in the immediately preceding marketing year shall be converted to acreages on the basis of the normal yield for the farm for the year in which the cotton was pi;oduced and such acreages shall be included

. in the total acreage of cotton on the farm and in the amount thereof which is in excess of the farm-acreage allotment, respectively.

. If the person required to collect the penalty fails to collect such penalty, such p_erson shall be jointly and severally .liable with the farmer for the amount of the penalty. All funds collected pursuant to this section shall be deposited in a special deposit account with the Treasurer of the United States and such amounts as are determined,

. in accordance with regulations prescribed by the Secretary, to be penalties incurred shall be transferred to the general fund of the Treasury of the United States. Amounts collected in- excess of determined penalties shall be paid to such producers as the Secretary determines, in accordance with regulations prescribed by him, bore the burden of the payment of the amount collected. Such special account shall be administered by the Secretary and the basis for, the amount of, and the producer entitled to receive a payment from such account, when determined in accordance with regulations prescribed by the Secretary, shall be final and conclusive.

"(c) The person liable for payment or collection of the penalty shall be liable also for interest thereon at the rate of 6 per centum per annum from the date the penalty becomes due until the date of p:;i.yment of such penalty.

"EXTRA LONG STAPLE COTTON

"SEC. 347. (a) Except as otherwise provided by this section, the provisions of this part shall not apply to cotton, the staple of which is one and one-half inches or more ln length or to extra long staple cotton which

is pro~uced from a pure strain of Pima, . S. X. P. American-Egyptian, Sea Island, or othe~ similar varieties of extra long staple cotton designated by the Secretary of Agriculture when such varieties are produced in the irrigated cotton-growing regions of the United States or other areas which the Secretary designates and4 defines as being suitable for . the production of such varieties.

"(b) Whenever. during any calender year not later -than October 15, the Secretary deter"'lines that the total supply of cotton of the varieties covered by this section for the marlr.cting year beginning in such calendar year wm exceed the normal supply for such marketing · year by more than 10 per centum, the Secretary shall proclaim such fact and a national marketing quota shall be in effect with respect to such varieties of catton during the marketing year beginning in the next calendar year. When so proclaimed, such quota shall be submitted to a referendum of growers of extra long staple cotton in the designated extra long staple cotton areas pursuant to section 343 and apportioned and· administered in the same manner as provided in this part for cotton other than extra long staple cotton."

SE~. 2. (a) Section 302 (e) of the Agricultural Adjustment Act of 1938, as amended, is amended to read as follows:

"(e: Appropriate adjustments may be made in the support price for any commodity for differences in grade, type, staple, quality, location, and other factors. Such adjustments shall be madf: in such manner that the average support price for such commodity in each marketing year will, on the basis of the anticipated incidence of such factors be equal to the level determined as provided in this section !or such marketing year, except for cJtton, the support for which will be made on the basis of. sevenetghts Middling s_pot cotton on the ten markets designated by the Secretary with appropriate adjustments for grade, type, staple, quality, location, and other factors."

(b) Notwithstanding the provisions or section 202 (a) of the Agricultural Act of 1948, the amendment made by subsection (a) of this section shall continue to be effective after such section 202 (a) becomes effective.

SEC. 3. (a) The amendments to the Agricultural Adjustment Act of 1938, contained in subsections (a) , ( d) , and ( e) of section 201 of the Agricultural Act of 1948 s~all, insofar as they relate to cotton, become effective upon the enactment of this Act.

(b) Sections 205 and 207 (c) of the Agricultural Act of 1948 are hereby repealed.

(c) Paragraph (9) of Public Law 74, Seventy-seventh Congress, is amended by striking out "cotton and."

Mr. JOHNSON of Colorado. Mr . President, on behalf of myself and my colleague from Colorado [Mr. MILLIKIN], I now offer an amendment to the committee amendment.

The PRESIDING OFFICER. The amendment will be stated.

The LEGISLATIVE CLERK. At the end of the bill it is proposed to add a new section, as fallows:

SEc. 348. Notwithstanding any other provision of law, the farm acreage allotment of wheat of the 1950 crop for any farm which contains areas which cannot feasibly be converted from production of wheat to production, during the calendar year 1950, of other reasonably remunerative annual cash crops shall be not less than that acreage obtained by multiplying the greater of-

(A) the acreage seeded for the production . of wheat of the 1949 crop in such areas, or

(B) the average acreage seeded for the productio...l of wheat of the 1948 and 1949 crops in such areas, by the percentage which the national acreage allotment for the 1950 crop of wheat is of

j;he national acreage seeded for the production of wheat of the 1949 crop. If the allotment to any county is insufficient to provide for such minimum allotments and for fair and reasonable allotments to the ot her farms 'in the county, the Secretary shall allot such county such additional acreage (which shall be in addition to the county, State, a.rid natiqnal acreage allotmel'._lts otherwise provided for) as may be necessary in order to provide for such minimum and fair and reasonable allotments.

Mr. JOHNSON of Colorado. Mr. President, the language of the amendment is a little bit hard to comprehend at first blush. I will state what the amendment provides. There are acreages which have been in wheat production which cannot be converted to the production of any other cash' crop. For 1950 there are these acreages, and for one crop year only the amendment proposes that such acreages as cannot be converted to any other cash crop shall not be reduced more than the national average. That is what the amendment provides. I sincerely hope that those in charge of the bill will be able to accept the amendment.

Mr. MILLIKIN~ Mr. President, I should like to join in the remarks of my distinguished colleague, the senior Senator from Colorado. .we have a very unusual situation in Colorado. Follow.;. ing the encouragement of the Government we broke sod in a vast area in eastern Colorado and put it into wheat. We understand that the wheat-acreage allotment will be reduced f ram say 22 to 27 percent. Taking that together with the operation of the allocation formula which now exists, our wheat acreage in Colorado will be reduced from 60 to 70 percent. That would be a cataclysmic thing in the economy of Colorado. It happens due to the 3-year formula within the 10-year formula. The workings of that formula, together with the national average reduction brings about that harsh result. The money that is represented by the wheat-acreage cuts that will come to us unless we have this temporary relief will prostrate the towns of eastern Colorado which depend on wheat production. It will have an enormous effect on the whole agricultural economy of our State. -

As the senior Senator from Colorado [Mr. JOHNSON] has pointed out, the operation of the agricultural formula does not do much harm in old-established States which hav~ diversified crops, because they can shift from one -crop to another. In eastern Colorado we cannot do that. Generally speaking we cannot shift into any alternate cash crop for next year.

I may say that western K9.nsas has somewhat the same problem. Wyoming has the same problem on a smaller scale. New Mexico has a small spot of · that trouble. Oregon, Washington, and Montana are affected by the same problem.

All we are asking is that we give the veterans and others who have gone out there and established their homes be:. lieving they were in a business that was encouraged by the Government a fair chance to get themselves readjusted to the new trend in our affairs. We are not really taking anything out of the hide


of ·Nheat growers in other States, because generally speaking they can shift into other crops. Our wheat growers in eastern Colorado cannot shift into other crops that will yield cash next year.

As I said before, if we do not get this relief, and if the national acreage reduction is made as we anticipate, from 22 to 27 percent, we shall. have a wheat . acreage reduction in Colorado of from 60 to 70 percent~ which is a loss. which no other State would .have. Wheat ' is a very important crop in Colorado. I hope we may have favorable consideration by the Senate of this amendment.

Mr. LUCAS. Mr. President, will tQe Senator yield? ·

Mr. MILLIKIN. I yield. . Mr. LUCAS: I do not quite understand

the Senator's last. statement. How can that happen?

Mr. MILLIKIN. It happens in this way: Under the 1938 Agricultural Adjustment Act there is a 10::.year period formula under which we work out reductions in ·; acreage. ·· That· has witl;lin· it a 3-year formula. The two : p~rts of the formula ·· are worked together. The ·3-year formula takes account of the last 3 years of production. In ·those 'last 3 years . we had ·a great rise in -wh.e·at production, .due to breaking up the sod. T_aking the formula as a whole, it reduces our acreage by 32 percent,' ac_co.rding to one estimate, an!} -44 ·percent according to ~another. Adding to_· ihat the" acreage national reduction which will · be made over the country-and it 'is estimated that the average reductiOn which the Secretary of Agriculture is expected to announce shortiy will be between' 22 and ·, 27 percent-:-in Colorado .our whe_at production will be ··hit_ to ·the extent of 60, -or 70 ·percent. Tpe same thing will happen in western Kansas, and possibly to a smaller ·degree in "some . of

· the ·othe( States. · · , · ' . Mr. · AIKEN. Mr. President, will · the

·Senator yield? · · · ··· Mr. MILLIKIN. I yield.

·!\{r. AIKEN. I · should· like to say to the Senator ·from Colorado , that abaut 2 months · ago . this body passed · and sent to the House a bill which, if approved by the Congress, would undoubtedly entirely eliminate wheat quotas next year. Under the present law we can have on hand as a carry-over a crop of about ·l,450,000,000 bushels of wheat.

The bill ; which passed the Senate unanimously and went to the House provides for setting forward to this time ·the new definition of "total supply" · which is contained in title II of the 1948 Agficultur_al Act. That would permit a carryover in crop of roughly-and not too roughly-1,656,000,000 bushels. If the

·Senator can persuade the House to approve the bill which passed 'the Senate, I think we shall be able to avoid wheat ·quotas of any kind next year.

Mr. MILLIKIN. I wish I were able ' to do so. ·

Mr. President, I should like to make one further point.

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

Mr. MILLIKIN. :i: ask unanimous consent to speak for one more minute.

Mr. THYE. Mr. President, I yield my Vermont [Mr. AIKEN], which has to do time to 'the Senator. · with ·the possibility that thete may not

The PRESIDING OFFICER. The Sen- be wheat allotments at all next year, can ator cannot yield time. be obtained. -I feel that it is regrettable

Mr. LUCAS. Mr. President, the Sena- that we have a ·wheat amendment on a tor from Minnesota. cannot yield time. purely cotton acreage bill, but I recogI make the paint of order against it, as nize that the problem is acute. So long a matter of parliamentary procedure. as the .Senator from Nebraska, the Sena-

Mr. WHERRY. Mr. President, I ask tor. from .Minnesota, and the Senator unanimous consent that I may ask the from North Dakota: understand that this distinguiShed Senator from Colorado a amendment might drastically cut their question about wheat quotas? .· wheat acreage-and the Senator from

The PRESIDING OFFICER. Without . Oklahoma. [Mr. THOMAS] also under-objection, it is so ordered. stands it...:...1 am very happy to .have the

Mr. WHERRY. Would the observa- amendment go to conference. I do not tion · which has: been made by the dis- think there is any danger in it, because I tinguised ·senator apply also to the. re- doi.tbt very much if the conferees would ductiori of acreage, in western Nebraska? accept it ih this form. I have a great

Mr: MILLIKIN: · Wherever · there are cieal of sympathy. with the -problem of arid lands which can be used only fol" the two distinguished Senators from Colwheat, arid wherever ·it is . not possible orado. So far as I am concerned; I am t_o go into a cash crop next year,' it would willing to accept the amendment and apply. send the bill to conference.

Mr. WHERRY. As the Senator knows, Mr. JOHNSTON of South Carolina. in the section of N~braska lying close to Mr. President, I think we should have Colorado, and in western· Kansas, the this statement in .. the .RECORD: We held same·conditiori.s apply .as in Colorado. hearings on-cotton quotas, and worked - Mr. MILLIKIN. : 'l'he same condftions ·daf ,after day on -that problem:- We ·ar·

apply in western Nebraska, western Kan- ;rived at what we thought was a worksas, Washington, · Oregon, Montana~ and able bill so far as cotton is concerned. parts of Wyoming and New Mexico. So far· as wheat is concerned, neither the

Mr. WHERRY: I linderstand· -about. subcommittee nor the full committee is the io:..year forrimla ·and the 3-yea·r able at. this Ume ·to say whether what is formula .working together: AS I undei<- . proposed is right or wrong. However,'in stand the. point is that if in: addition a ·order to .expedite matters at this time, ·1 natioaal re~action of from . 22 to 25 per.- Jqink ·we should . adopt the ·pending cent were made in ther.adeage allowed amendment ·and let it go to the House. for whe1:1,t, there would· be:a reduction.in The House can hold hearings on the subthat area, percentagewise, almost as "ject and decide what would be for the great as the reduction in Colorado. ·best interests of the ·wheat growers:.

Mr. MILLIKIN. :: presume the figures .. Mr. LANGER. Mr. President, will the would come out about the same. Under Senator- yield for a-question? one.estimate we. would have a 32-percent · ·Mr. MIILIKIN. I yield. reduction under· the formula, .and· ·under · · Mr .. LANGER. Does this amendment another· estimate· 4:4 percent~ So if we apply only .to Coioraao? --add t(> that the national reduction of _Mr. -MILLIKIN-. This ame.ridment ap-between 22-: and 27 percent, adding·it for ·plies to ,Colorado . . It applies · also to ·a · exampl,t). to the estim~te ·of 44 ·percent, ·part .. of western··Nebraska-, · and· weitern the total ;reduction. might run a's high as ·Kansas.:. I am-told that it has~ some· ap'-7-0 percent. . · plicatiOn :in Washingtvh and Oregon; · . Mr .. · WHERRY .. ~ This ·· amendment . an.d small ·application in Wyoming ·and-would give relief for this-year; .: · ·New ·Mexico. ·.. · ~ Mr. M~IKIN·. · IMs ·iimi.te~.to ·l ·year. · . ·Mr. ·THYK . Mr. President, the senior

?vJ,r. -WHERRY. · S'o- that ~those ·W-ho ·SenatoF from North Dakota [Mr. LANG-ER] want to change over to·· ~ ··cash crop · asked whether ·the amendment would would not be· penalized. affect Colorado alone. The reflex would

Mr. LUCAS. Mr. President, I should ·affect ·au; the -wheat -growing States in ·like to ask the able Senator ·from Colo- the µnion. The only reason I do not rado if this amendment,-which seems~to ·make objection·at this time is that 1·am me to be extremely-important, was sub- willing to have -the amendment go to ·mitted to the Committee on Agriculture conference. As the senior Senator from and Forestry.? · Vermont [Mr. AIKEN] · says-, there is a

·Mr. MILLIKIN. We did not have time possibiUty· that no wheat quotas will be to do so. The Committee on Agriculture needed in the calendar year 1950. If that and Forestry made its report on this bill · is tlie case, no harm will be done. on the day w~en tqa c ·olorado people The- PRESIDING OFFICER. The came here and advised · us of the situa- question is on agreeing . to the amendtion. ·we made special inqUiry to · see ment to the committee amendment ofwhether we could get before -the com·- fered by the senator from Colorado [Mr. mittee in time. Also we have had the JOHNSON] for himself · and his colleague question up with the Secretary of Agri- [Mr. MILLIKIN]. culture, in the hope of getting adminis- The amendment to the amendment trative relief. The Secretary of Agri- was agreed to. · culture has stated that we should not The amendment as amended was count on administrative relief. agreed to.

Mr. ANDERSON. Mr. President, I am The bill was ordered to be engrossed not at all happy about this amendment, for a third reading, read the third time, but I feel that perhaps we should take it and passed. · to conference and see if the relief sug- The title was amended so as to read: gested by the distinguished Senator from "A bill to amend the cotton and wheat

1949 CONGRESSIONAL ~ECORD-SENATE • ' .• .. • .. •.. '···" ,,_-·-.!. ~ . .'I_ ·- •• J ..... : • •

8935. : IP #J•'

marketing quota provis~ons of the Agri:cultural Adjustment Act of 1938, as amended:" · · SALE OF CERTAIN LANDS TO CONSOLI-.

DATE THE" DESERT ·LABORATORY EX- . PERIMENTAL AREA AND RANGE EXPERIMENT STATION

The PRESIDING OFFICER. The clerk Will state the next measure on the calendar.

The bill <H. R. 3982) to authorize the Secretary of Agriculture to sell certain JanfJs to the Sisters of St. Joseph in Arizona, Inc., of Tucson, Ariz., to consolidate the Desert ·Laboratory Experimental Area of the Southwestern Forest and Range Experiment Station, and for other purposes, was announced as next in order.

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

Mr. HENDRICKSON. Mr. President-,' reserving the right to object, I note that under section 1 of this:bill the Secretary· of Agriculture 1s· authorized to sell 16 acres of land under his jurisdiction, in· tne· county of Pima, Ariz., at a price or prfoes not less than the appraised value thereof. · .

· Apparently we are in the process of es-· tablishihg · some fixed standard for the sale ·or Government property. " ·

The . 'PRESIDING OFFICER. . Does· the Senator object to the present con-sideration of the bill? ·

Mr. 'HENDRICKSON. I am not objecting at this time, but I" am simply· won'dering whether· the sponsor of the' bill would object"to ·an amendm~nt which' would carry out the stan~ard whic~ has. been suggested'by the distinguished Sen-' ator from Oregon. · ..

The PRESIDING OFFICER: Is there objection to the present <?.onsideration of ·the bill? · · · · ·

' There being no objection, the Senate· processed to. conside_r the .bill: . ,

Mr. HENDRICKSON. Mr. President; I off er the ·amendment, which I serid to the desk and ask. to have stated. . .

The PRESIDING OFFICER. The amendment wm be stated. ·

The LEGISLATIVE CLERK. On page 1, in line 8, after the word ''than"' it ~s proposed to insert ''50 ·per centum of".; .. and after the word "appraised", it is proposed to insert "-fair markeL" ·

The PRESIDING OFFICER. The question is on ·agreein~ to the amendment· of the Senator from New Jersey. ·

The· amendment was agreed to. - · ; The PRESIDING OFFICER. . j The

question ls on the engrossment of the amendmen.;· and the tlifrd reading of the bill.

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. · · TIMBER ACCESS ROADS FQR NATIONAL

FORESTS

The Senate proceeded to consider the joint resolution -{S. J. ·Res. 24) to provide for a suitable and adequate system of timber access roads to and in the forests of the United States,· which had. been reported. from the Committee on Agri-

culture and Forestry with amendments on page 3, line 13, after the word "trails", to strike out "within" and insert "for"; in line 20, after the word "annually", to insert "beginning with the fiscal year ending June 30, 1951", and on page 4, line 4, after the word "expended.", to insert "The authorization in section 3 of the Federal-Aid Highway Act of 1948 for forest development, roads and trails for the fiscal year ending June 30, 1951, is hereby canceled.", so as to make the joint resolution read:

ResolVed, etc., That it ls declared to be the policy of the Congress to provide for a suitable and adequate 'system of timber access .roads to and in the forests under the jurisdiction of the Secretary of Agriculture and . the Secretary of the Interior, in order to obtain the benefits hereinbefore enumerated, and for such other roads and trails as are necessary for the protection and adminis-, tration of these forests and for the utilization of the resources thereof other than timber. .

SEC. 2. The Secretary of Agriculture and the Secretary of the Interior are hereby. authorized to survey, construct, reconstruct, and maintain such roads and trails for the forests under their respective· jurisdictions as they deem necessary to effectuate the foregoing poiicy. The authority contained in this joint resolution .is in addition to, and not in substitution for, the authority of existing law,

SEC. 3. For the purpose of carrying out the provisions' of this joint resolution, there ls hereby authorized to . be appropriated $30,-000,000 annually beginning with the fiscal year ending June 30, 1951, of which $25,000,-000 is authorized to be appropriated to the Secretary of Agriculture and $5,000,000 is authorized to be appropriated to the Secretary of the Interior, which amounts shall be available until expended. The authorization. in section 3 of the Federal-Aid Highway Act of 1948 for fore~t development, roads and trails for the fiscal -year ending June 30, 1951, ls hereby canceled. ·

The amendments were agreed to. Mr. CAIN. Mr. President, reserving.

the right to object, I am strongly inclined to believe . that there are sound reasons for not taking action at this time on the joint resolution <S. J. Res. 24), but because I may not have understood the bill fully, and its intentions, l should deeply appreciate an explanation from my friend the junior Senator from Oregon [Mr. MORSE].

Mr. TAFT. Mr. President, I do not like to object, but it seems to me a bill which· authorizes $30,000,000 a year for all' time to come ought to have more con_. sideration than can be given it on the Consent Calendar. I have the same .feeling about the next bill, Calendar 608, which is House bill '2296, which proposes to appropriate $1'7,000,000 a year. If we mean anything when we talk about economy, I think we· should seriously consider bills which add so tremendously to the general cost of the Government. I do not object, but in any event, I should like to have the Senator explain the bill. '

Mr: MORSK Mr. President, will the Senator withhold his objection until I at least can make an explanation of the joint resolution?

Mr. TAFT. I withhold the objection temporarily.

Mr. MORSE. Mr.· President, I wish to say to my good friend from Ohio and also to my good friend from Washington that

if we mean anything by our pleas for economy,. t~n this is the type of legislation to pass. It is this type of legislation that will produce real economy in · the handling of Government property. What this legislation proposes to doand it will be noted from the committee report that it is reported favorably by both the Depa14tment of Agriculture and the Department of the Interior-is to make available for those departments for the building of access roads into Government timber, a total of $30,000,000 annually until adequate access roads· have been built. It should .be noted that the committ'ee amendments which I am• glad to accept, provide for $12,500,000· in this bill added to the existing $17,500,-000 proVided for in another bill previously passed, expendable for the year 1950-51.

The report of the committee and the subcommittee, under the able chairmanship of the Senator from Minnesota [Mr. THYEJ, conducted, as the record will show, very exhaustive and exceedingly fine hearings on this bill. On page 2 of the committee report, I think we have all the argument that is needed in supportof this bill. It says:

Officials of both departments testified that· the stumpage value of Government-owned· timber is increased when the Government itself builds the access roads, and cor--· respo~dingly decreased when . the cost or access-road construction is imposed on the timber operator. This · arises. out of the method employed by the departments whereby all of the costs lncldent to ·getting· the timber to · the mill are taken· into con-· sideration in evaluating the stumpage and· establishing the ·minimum bid price . . Under this system:, the Government ultimately pays. the cost of road construction whether it is. built by the Government or by the timber operator.

I digress from the report to point out that, when the roads are -built by the Government which owns the timber,. they can be built in a manner and according to methods that will serve two other purposes in addition to the pri-· mary purpose of having roads ·which enable lumbermen to· get in and cut the timber. Such access timber roads as are provided for in this bill are roads that

. also can be built from the standpoint of fire prevention in our national forests, and roads also that can be built from the standpoint· of making greater use of our n·ational forests for ·recreational and tourist purposes. The value of such roads for fire prevention and recreational purposes are, of course, a part of the great value of our national forests to the people of the country. However, if our national forests are going to be properly supervised for recreational and fire-prevention purposes I submit that the jurisdiction over the road-building program· ought to be ieft with the Federal Government. The ·report goes on to say:

A number of advantag.es are derived by the Government when it builds ~ccess roads to timber to be marketed. ·

Where the Government has to call upon the timber operator to build the access road, large acreages of timber usually must be offered to indu,c~ bic;iding. - ..

Let us be perfectly frank about the opposition to this · bill, Mr. President. The only opposition which will be found

8936 CONGRESSIONAL RECORP-.. SENATE in the country so far as economic groups are concerned to this bill of mine are from some of the large timber companies. Some of the large timber companies want to get an advantage over the small timber operators, because if these roads are to be built by the timber operators it is necessary to permit bids on large tracts of land, in order to make it .worth while for the large timber companies to build the roads. Therefore the drive on the part of some large timber companies against my bill is part of a squeezing out and freezing out play aimed at discouraging small lumber operators from bidding on Federal owned stumpage. We have here again a faceto-face fight with the old monopolistic problem that confronts us in respect to so many facets of our natural resources. It is a repetition of the old familiar attempt of powerful big business trying to squeeze out the little operator. I ·want to say that what we ought to make certain of is that these roads are going to be built by the Federal Government, not only to protect our national forests from the -standpoint of fire and to bring greater revenue to our Government from the standpoint of recreation and tourist income, but also in order to insure the small operator that he is going to get an even break and a fair opportunity when it comes to bidding on national timber. The committee could not have stated it any clearer than it has. Thus, the committee in its report, goes on to say:

Because of the cost illvolved in road construction, and the large acreages of timber that must be offered, only the large operators are in a position to bid. On the other hand, when the Government builds the roads, the timber can be marketed in small tracts, permitting small operators to participate in the bidding. An official of the Department of Agriculture submitted information showing that, when the timber is made accessible by Government construction of roads, as a general rule more operators bid, and the sale price is generally higher, resulting in additional revenue to the Government.

In other words, · the little fell ow gets his chance. We have in my State, for instance, small communities that are dependent, as far as their major employment is concerned, upon the small mills located in those communities. What problem are they confronted with today, Mr. President?

These small mills are confronted with the situation where they cannot get timber unless they are able to enter into satisfactory contractual relations with the Federal Government on a sustained yield basis. ,

Mr. KILGORE. Mr. President, will the Senator yield? - The PRESIDING OFFICER. The time of the Senator from Oregon has expired.

Mr. MORSE. I want to say, Mr. President, if the objective-and I hope it is the objective-of the Congress of the United States is to promote sustained yield policies in the handling of national forests, then I am offering today a bill that will be highly conducive to developing a sustained yield program. I am talking about a problem that is not limited to the great Pacific Northwest. I

am talking about a problem of vital concern in Louisiana and Georgia and North and South Carolina, in fact in every State in which there is located a great national forest.


Mr. MORSE. I ask unanimous consent to take three more minutes for · an explanation on the RECORD of this very vital matter.

The PRESIDING OFFICER. Is there objection?

Mr. WHERRY. Mr. President, I believe the rule has been maintained, and we should not violate it. I may ask the Senator a question, however, in my time, and .then I think the Senator can use his 3 minutes in answering my .question. Does this bill involve access to the hinterlands, to the timberlands located in the interior? Is that the idea?

Mr. MORSE. It proposes to make it possible for the Federal Government to build its own roads into its own forests, so that we ·can save the tremendous losses of timber that we are now su:fier.ing, as the following paragraph of the report shows, I may say to the Senator from Nebraska, in answer to his question.

Mr. WATKINS. Mr. President, will the Senator yield for a question?

Mr. MORSE. I should like to answer this question first, after which I shall be happy to yield.

Mr. WATKINS. I may object to the consideration of the bill. I merely

· wanted a question answered. I wanted to know if this question had been discussed at all with the Subcommittee on Public Roads of the Committee on Public Works. If it has not been, I certainly shall object to its considera,tion.

Mr. MORSE. The Senator from Minnesota [Mr. THYE], the ch_airman of the committee, can advise me as to that.

Mr. THYE. It has not been discussed with the Subcommittee on Public Roads. However, I should like to hear the junfor Senator from Oregon's remarks relative to his reply to the question asked by the Senator from Nebraska.

Mr. MORSE. I can answer it very quickly and very briefty by letting · the committee report speak for itself, I may say to the Senator from Nebraska. Mark this language:

A planned Government program of timberaccess road construction will permit more etllcient harvesting practices, by enabling the Departments to market ripe timber now inaccessible. Much of this timber is dying or rotting on the ground. The Secretary of Agriculture estimates that timb'er in the national forests ls dying or rotting at the rate of approximately 2,000,000,000 board feet annually.

The program will permit the cutting of timber from Government-owned forests to be increased to the full sustained-yield capacity. The Secretary of Agriculture estimates the annual sustained yield from national forests can be increased 2,000,000,000 board feet over and above the present cut of 4,000,000,000 board feet, or an increase of 50 percent. At $7 per thousand board feet, this represents an annual increase of revenue of $14,000,000 from national forests alone. Much of this timber ls going to waste because it ls now inaccessible.

The PRESIDING OFFICER. The Senator's time ~as expired.

Mr. WHERRY. Mr. President, has my time expired r The Senator was answer-.ing in my time. ·

The PRESIDING OFFICER. The Senator has already answered. · Mr. · WHERRY. Has my 5 minutes'

time expired? The PRESIDING OFFICER. The

Senator has not yielded 5 minutes. Mr. WHERRY. I asked the Senator to

answer the question · in my time. I ·believe that is proper parliamentary practice.

Mr. President, a parliamentary inquiry.

The PRESIDING OFFICER. The Senator ·wm state it.

Mr. WHERRY. If I ask a ·question of the distinguished Senator from Oregon, does he not have a right to answer the question within not to exceed 5 minutes' time?

The PRESIDING OFFICER. The Senator from Nebraska gave the 'Senator from Oregon 3 minutes, and he has used more than that amount of time. The two Senators together have used more than 5 minutes .

Mr. THYE and Mr. WATKINS addressed the Chair. . The PRESIDING OFFICER. The

Chair recognizes-the Senator·from Minnesota.

Mr. THYE. Mr. President, I want to make the comment that I am a member of the subcommittee which gave · study to the joint resolution. I think it is an excellent resolution and that it provides for a nectssary function. I think the junior· Senator from Oregon has ably stated it. I wish -to associate myself with the Senator from Oregon and I highly approve what he has stated with reference to the resofotion. If I have any time, I yield it to the Senator from Oregon.

The PRESIDING OFFICER. Under the rules, the Senator cannot yield time.

Mr. THYE. If the Senator from Utah lMr. WATKINS] would like to ask me a question, I should like to ref er it to the Senator from Oregon ..

Mr. WATKINS. Mr. President, I should like to be recognized on my own time.

The PRESIDING OFFICER. The Senator from Utah is recognized.

M_r. WATKINS. Mr. President, reservmg the right to object, I desire to call attention to the fact that we have a Committee on Public Works, anj there is a subcommittee of that committee which has to . do with public roads. There is a very comprehensive road program~ As I remember, it includes roads connected with forests. A year· ago legislation was enacted which had to do with what are called access roads. I think the entire road program should be integrated and handled in sach manner that we may know what is being done at all stages. I have great sympathy with the objectives of the resolution, but I do not know how it fits in with what we have been doing. I now object.

The PRESIDING OFFICER. The · joint resolution will be passed over.

Mr. CAIN. Mr. President, I wish to spea.k ,in my own right on the subject, if I may.

1949 CONGRESSIONAL RECORD-SENATE 8937 The PRESIDING OFFICER. The

Chair recognizes the Senator from Washington.

Mr. CAIN. Mr. President, I wish to make several observations, within the 5-minute rule, regarding Senate Joint Resolution 24.

I want to say with reference to what the very distinguished Senator from Oregon has said about it, that I share his sympathy toward the building of access roads into virgin timber stands; but I suggest to thoughtful Members of the Senate that the resolution will not carry out the very worth while and constructive objectives which the Senator from Oregon, the Senator from Minnesota, and other Senators have in mind. Like some other Senators, I have studied thoroughly the report which was attached to Senate Joint Resolution 24, and against that study I wish to pose my questions. If there are constructive answers to those questions, the joint resolution should be adopted. If the questions receive incomplete or inadequate answers, the resolution should not be adopted. My first question is as follows:

Why is it proposed to provide a permanent annual authorization of $25,000,-000 a year for the Department of Agriculture, when the Department itself has estimated that it needs only $100,000,000 over a period of five years, or an average of $20,000,000 a year for a system of primary access roads? The branch roads used for logging on individual timber sales are to be built by the operators, according to the Department of Agriculture.

I do not know why we propose to provide a continuing permanent authorization of $25,000,000 annually for a governmental executive agency which has not asked for it and which, by inference, certainly does not need it at this time.

My second question is as follows: Why should not any such authoriza

tion as is here proposed require that the Department of Agriculture and the Department of the Interior justify the specific road-construction projects they propose in their annual request for appropriations? Why should there not be provision for public hearings on each road proposed to insure that the roads are necessary and that they are not arbitrarily selected.

A few moments ago the Senator from Oregon referred, with some distress, which I share, to the fact that approximately two billion feet of timber were rotting in the Pacific Northwest every year. It is for that reason that access roads ought to be constructed. No Member of the Senate knows why they are capriciously placed where they do not result in carrying the rotting or overripe timber out of the forests.

My third question is as follows : Why should the authorization for the

construction of access roads, now fixed at $17,500,000 for the next two fiscal years, 1950 and 1951, under the Federal Highway Act of 1948, be increased to $30,000,-000, when the Department of Agriculture has not been able to convince the Bureau of the Budget or the Committee on Appropriations that it could effec-

tively use much more than half the present authorization?

l take it that most of the Members of the Senate know that against the authorization of $17,500;000 for the fiscal year 1950, the. Senate Appropriations Committee has provided $10,748,000.

My fourth question is as follows: The report of the Senate Committee

on Agriculture and Forestry indicates that with a system of access roads which can be constructed with this authorization of $25,000,000 a year for the Department of Agriculture, an additional $14,-000,000 of revenue can be obtained from the sale of national forest timber. What kind of business management would spend $30,000,000 a year to get $14,000,-000 additional revenue, one-fourth of which must be paid to the counties in which the timber is located, and $2,000,-000 of which would be required for selling expense?

I have not found a satisfactory answer to this very reasonable question.

My last questior: is as follows: Looking at the report of the Secretary

of the Interior on this bill, I observe that he states his need is for $3,000,000 a year for 3 years, or a total of $9,000,000 for the construction and maintenance of forest roads and trails on Indian forest lands, and an additional $2,000,000 a year for 7 years for new construction and maintenance of access roads for the Bureau of Land Management of the Department of the Interior, yet this joint resolution proposes to authorize annual appropriations of $5,000,000, not for 3 years nor for 7 years, but on a permanent basis, with no limitation whatever. Why should there not be a limitation of the total to the stated needs of the Department of the Interior?

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

Mr. MORSE. Mr. President, rese.rving the right to object, I should like to make a few brief comments on the statement of the Senator from Washington.

The comments of the Senator from Washington [Mr. CAIN] set forth objections to my bill which I have heard before. Similar arguments have been advanced by some of the large timber companies of the country. They show a determination on the part of those companies to obtain national-forest stumpage at the lowest possible price irrespective of the best interests of the Govern-

. ment or the small operator. I want to say that I think the time has

come when we should practice conservation of our natural resources by seeing to it that access roads are constructed into our forests in order to prevent spoilage and that the sale of stumpage is opened to bids by all operators, large and small. We should insist that nationalforest stumpage sold under the strictest of cutting supervision to those operators who are willing to pay the American people the fairest price for what, after all, is a natural resource belonging to all of the American people.

Mr. President, as I understand one of his questions, the Senator from Washington talks about having before us a blueprint as to where these roads are to

be built before we vote any funds for access timber roads. I have confidence that the Department of Agriculture and the Department of the Interior, which have jurisdiction and supervision over national fores ts, will make an economic and efficient expenditure of these funds, if we make them available, so that we can get the rotting and dying timber, which belongs to the people of this country, out of our national forests to the economic advantage of our country. I am confident that these two departments can be trusted to build the roads where they are needed in order to promote a maximum conservation of our forests.

I say that the record is perfectly clear before the committee. In answer to another one of the questions raised by the Senator from Washington, I reply that the Department of the Interior and the Department of Agriculture have endorsed the bill. They have made perfectly clear in their statements before the subcommittee that the money sought could be expended to the advantage of the conservation of our national forests. In fact a reading of the reports . of the Department of Agriculture and the Department of the Interior on this bill will disclose adequate answers to the major implications of the questions asked by the Senator from Washington.

Mr. President, I am going to talk for the moment about some of the need for timber conservation in my State, because I know where the opposition to my bill is coming from in my State. It is coming from some of the large timber operators, because they know that I stand for real conservation of the national forests. They know that I know the difference between their talk about sustained yield and their actual cutting practices. It is most unfortunate that some operators have raped our national forests to the devastating extent that has occurred in the Pacific Northwest. Go out there and look at the havoc that has been wrought because some of the great private timber operators of this country have not followed a scientific program of sustained yield. Of course, the record is perfectly clear against those operators who are talking about sustained yield these days but who are not practicing sustained yield. They are anxious to prevent .as much Government conservation control over our forests as they can. They are opposed to my bill because it is basically a conservation bill .

My bill is a bill that will give to the Department of Agriculture and to the Department of the interior the leverage they need over the great timber companies of this country in order to make sure that we can have a true sustainedyield program. But if we do not build the roads into the national forests we are playing right into the hands of those great timber companies which want to. continue to do what has been done in years gone by in the State of the Senator from Washington.

Go through Washington and see what the timber rapists of the country have done to the fine stand of timber that once grew in the State of Washington. They made their millions by mowing

8938 CONGRESSIONAL RECORD-SENATE JULY 6 down the trees that really belonged to future generations of Americans. In the name of private enterprise they exploited the natural wealth of our timberlands which should have been scientifically tree farmed for the benefit of all of our people for generations to come. They now claim to be in favor of a sustained-yield program, but they are quick to oppose .such a bill as this one, which will promote a scientific tree-farming program. Too many of our large lumber operators want to be free to do just about as they please with both Federal-· owned timberland and private-owned timberland. They should not be allowed to get by with it, because in a very real sense all timberland, private as well as · public, is stamped with a public trust and a paramount public use. Not all lumbermen share the selfish point of view of those in the industry who oppose my bill. However, thos·e who do want to exploit the national forests should not be allowed to succeed with their program. They are not going to do it in the State of Oregon without having the energetic and continued opposition of the junior Senator from Oregon. I am going to make a fight for scientific forest conservation, and I serve notice on the 'lumber interests of my State today that I am going to fight for a fair sustained-yield program in my State. The cut-down and get-out policy must be stopped in our forests. We must insist upon putting a stop to the plans of those who seek to weaken Federal control of our forests so that they can cut down and devastate for immediate huge profits one of the finest natural resources of my State, namely, the national forests.

The bill I am offering today is a bill which will help check them, and they know it. It will give the small operator in my State the chance he needs to bid on Government timber, and give the American taxpayer a fair return for his stumpage. .

Mr. President, I am making a plea here today for true conservation of our national f crests. Here is a bill which is only part of the answer, but it is part of the answer. It is a bill which will help conserve the national forests of this country, and result in a scientific sustained-yield program.

Let those who oppose me in my State on this bill get ready for the fight, because I will take it to them in the campaign of 1950.

Mr. CAIN. Mr. President, a parliamentary inquiry. Is the junior Senator from Washington permitted to have the :floor again?

The PRESIDING OFFICER. The Senator can make only one speech on a bill, and he has spoken on the first bill.

Mr. CAIN. I take it that the junior Senator from Washington is now addressing himself to the second bill.

The PRESIDING OFFICER. The two bills are interrelated, are they not?

Mr. WHERRY. Mr. President, a parliamentary inquiry.

The PRESIDING OFFICER. The Senator will state it.

Mr. WHERRY. The distinguished Senator from Washington did speak on Calendar 608, H. R. 2296, for 5 min-

utes. I suggest to him that after that bill is disposed of, he can address the Senate for 5 minutes on another bill.

Mr. THYE. Mr. President, the question before the Senate at the present time is on Calendar No. 608, House bill 2296. That bill was reported to the calendar yesterday by the senior Senator from Minnesota for the Senator from Florida [Mr. HOLLAND]. The report has not been printed, and for that reason I request that the bill go over, because I think the legislation is of such importance that all Senators should have the committee report· before them.

The PRESIDING ·OFFICER. Objection being heard, the bill will be passed over. TRANSFER OF MANAGEMENT OF CERTAIN

PUBLIC LANDS TO FORT SILL INDIAN SCHOOL, OKLAHOMA

The bill (S. 2086) transferring management of certain public lands from the Agriculture Department to the Fort Sill Indian School in Oklahoma for agriculture uses, was announced as next in order. .

Mr. CAIN. Mr. President, with reference again to Senate Joint Resolution 24, I should like to call the attention of the Senate to what I believe to be a fact, namely, that the Federal .Highway Act of 1948 provided an annual access- . roads authorization of $17,500,000 for a 2-year ·period: Senate Joint Resolution 24, on the oth~r hand, would provide an annual authprization Qf $30,000,000 for the same purpose, that of building access roads almost in perpetuity.

I have listened with c.onside:r;:able re~spect and certainly with attention to ·the remarks of the junior Senator from Oregon, and I am rather enthusiastic over his willingness and desire to fight about this issue of access roads within the Northwest. All I want to suggest to the junior Senator from Oregon is that when he has a bill which in the opinion of the junior Senator from Washington is soundly and constructively conceived, it will be a great pleasure for me to assist him in the fight.

He raised the question of what are the plans for the building of access roads by either the Department of Agriculture or the Department of the Interior. If anyone cares to give more than a casual scrutiny to the report to which the junior Senator from Oregon has several times referred, he will find in a letter over the signature of Secretary Krug, of the Department of the Interior, with reference to the Bureau of Land Management, that their plans for access roads have not yet been agreed upon. All that is desired by me, and a good many others who think as I do about the access roads problem is to have a plan laid before competent, responsible committees of the Senate, which can first be understood and agreed upon by those committees, and then by t:t.e Senate. I think I am not stating other than a fact when I say that no such plan has been presznted to any standing committee of the Senate.

When we bear in mind that the Bureau of the Budget and the Committee on Appropriations have thus far in recent years not seen fit, on the basis of testimony whicJ::i has been off~red, to~~=-

propriate more than $10,000,000 for the building of. access roads throughout the Nation, I think that until such time as we have greater reason to know that there is a comprehensive, solid plan for the future, it would not be wise or reasonable for the Senate or for the Congress to approve the legislation in that regard which happens to be before it.

I wish to add one more word, which causes me distress, partly because I do not know how right I am. Last year the Department of Agriculture and the Department of the Interior spent some ten million of the taxpayers' dollars to build access roads. In the report beforf us they tell us that millions and millions of board-feet are being destroyed because of the Department's inability to get into virgin stands of timber and take it out before it rots;

It seems to ·me logical to conclude that if $10,000,000 has been spent for access roads in 1949, the money has no·t been entirely spent as it ought to have been spent, or at least enough of it was not earmarked to . get out the rotting timber to which the Senator from Oregon has addressed himself.

I defy any Senator to secure a satisfactory answer as to where . and how those moneys were spent last year and the year before to accomplish the purpose believed in so strongly by the Senators from Oregon and Washington.

The PRESIDING OFFICER. The time of the Senator from Washington has expired. ·

Mr. MORSE. Mr. President, reserving the right to object, I shall not take the full 5 minutes on the bill. I only wish to say in reply to the Senator from Washington [Mr. CAIN] that I personally have inspected some of those access roads that have been built with funds ~ previously appropriated.

The PRESIDING OFFICER. The Senator is speaking on the bill now under consideration, S. 2086?

Mr. MORSE. I shall speak under the 5-minute rule on my own bill objected to a few minutes ago. I will be very glad to take the Senator from Washington this summer to some of those access roads in our section of the country. The

·money has been spent very wisely, Roads have been built to take out Government-owned timber which otherwise would have been wasted.

I want to say to the Senator from Washington that, of course, I think it is to be presumed that neither the Department of Agriculture nor the Department of the Interior is going to spend any money in the future for any road that is not needed. But if the Senator from Washington wants to attach to my bill an amendment which places a time limitation on it, that is perfectly acceptable to the junior Senator from Oregon.

What I am pleading for is that we faca the fact that we have a serious problem of forest conservation in America. There is no denying the fact that today we are cutting our timber at a rate four times greater than we can grow it. I say we cannot in fairnes.s to future generations of Americans justify that waste of our natural resources. Therefore it comes

1949 CONGRESSIONAL RECORD-SENATE; 8939 down to a scientific handling and planning of our national forests. . For . the ~ake of what is right and fair to future generations, Mr. President, let us not oppose in this session· ·of Congress· the passage of a bill so essentially needed, ill my opinion, to conserve the national forests, and so essentially needed in order to bring great timber ·companies under reas'onable control.

The PRESIDING OFFICER. Is there objection to the present consideration ·of Senate bill ~086? .

There t>eing no objection, the bill .<s. 2086) transfering management of certain public lands from the Agricuiture Department to the Fort Sill Indian School in Oklahoma for agricultural uses, was considered, ordered to be engrossed for a third reading, read· the ihird time, arid p~ssed .• as follows: '

Be it enacted, etc, That the following-described tract -of public land: rpie north half of the south half. of sectiqn ~9. ~ownship 2 north, range 11 west, Indian meridian, Comanche County, Okla., being a part of t:he li'ort 8111 Indian School reserve; and fi:mnerly transferred to the Department of Agriculture for use as a dry-farming experimental station, ls hereby, together with all buildings, improvements, and appurtenances,. transferred back to the said Fort Sill Indian School for . use in connectiOn with the agriculture training prograJA of such institution. . ' ' BEN:\!!FITS · FOR· ANNUITANTS WHO RE-

TIRED · PRIOR TO APRIL l; 1948-BILL PASSED OVER

Mr. LUCAS. Mr. President, as I 'understand, "the Senate will' now return ·to Senate bill 8'78, Calendar No. 294, under the unanimous-consent agree-ment. ·

The PRESIDING 'oFFICER. The bill will be stated by title for the in'formation of the Senate. ·

The LEGISLATIVE CLERK. A bill (S. 878) to provide ·certain benefits for annui

. tants who retired under the Civil Service Retirement 1\ct of May 29, 1930, prior to April 1, 1948.

Mr. · WILLIAMS. Mr. President, reserving the right to object; will the Sen~tor from South Carolina ~Mr. Jo~STON] make an explanation of the biH?

Mr. JOHNSTON of South Carolina. In 1948 Congress passed a bill giving to ·annuitants who retired prior to .April 1, · 1948, a choice of $300, or a 25-percent increase in what they were drawing, whichever happened to be the smallest amount. At that time there was inserted in the bill a provision according to the annuitants the right to waive that increase in their annuity and give to their survivors a right to draw 50 percent of what they wer.e receiving in event of their death. 01;1ly a very few exercised that right. To be exact approximately 1 out of 20 elected the survivorship benefit. The reason was because those who were on the retired payrolls received such a small amount that they could not afford to give up the additional immediate increase in ¥iew of the existing high cost of living.

This bill gives to them the right to this survivorship benefit· in addition to the cost of living increase. At the same ·ttme bear in mind that in the bill we passed in 1948 we gave to those retiring after April 1, 1948, the right to the sur-

vivorship benefits, providing they contributed to the fund for this right. This contribution is 10 percent of their annuity plus three-quarters of · 1 percent for each year the wife 1s under 60 years of age.

Mr. WILLIAMS. Mr. President, will the Senator· yield?

Mr. JOHNSTON of South Carolina. I yield.

Mr. WILLIAMS. I should like to ask the· Senator from South Carolina whether or not he has made any appearance before the Appropriation Committee requesting it to appropriate the necessary amount of money to provide for the increase in cost. I read in· the report of the Committee on Post Office and Civil Service that an appropriation of $157 ,-000 ,000 will be· needed to take care of the increase provided by the bill.

Mr. JOHNSTON of South Carolina. I wm say that such an increase in appropriation is not immediately necessary. It will be necessary over a period of 20 years. Of course for some years, the amount will be high. The increase the first year will be about $6,000,000. During the highest years the amount will probably be $15,000,000 or $20,000,-000. For a period of 20 years it will probably be necessary to pay out approximately $150,000,000.

The PRESIDING OFFICER. The time of the Senator from South Carolina has expired.

Mr. WILLIAMS. Reserving the right to objec~ ·

The PRESIDING OFFICER. The tim~ of the Senator from De~aware has also expired.

Mr. WILLIAMS. Has my time ex-pir~d? ·

Mr. TAFT. Mr. President-The PRESIDING OFFICER. The

Chair :recognizes the Senator from Ohio. M:r. TAFT. I should like to read from

the report of the Committee on Post Office and Civil Service, as follows:

As heretofore stated, the benefits provided by this bill are purely a gift from the Gove.rnment costing approximately $157,000,000. In view of the c9st involved, the Commission is constrained to recommend adverse action.

On that basis, I object. The PRESIDING OFFICER. On ob

jection, the bill will be passed ·over. · Mr. WHERRY subsequently said: Mr.

President, I should like to return for a moment to Calendar No. 294, Senate bill 878. I want the RECORD to show that it was upon the request · of the junior Senator from Nebraska that Calendar 294 was included among the bills which were to be called for consideration this afternoon. Apparently the distinguished senior Senator from Ohio [Mr. TAFT] feels that the appropriation involved, amounting ·to $157 ,000,000, ]s so large that the bill should be debated on the fioor of the Senate. He has a perfect right to take that position.

However, I suggest to the distinguished majority leader that there is great demand for consideration of the bill: If there is an opportunity to' consider it, or if he can so plan the program, I think it 1s a bill which should receive the attention of the Senate in debate as early "RS possible.

Mr. LUCAS. I thank the Senator from Nebraska for his statement. The Senator ·from Ohio seriously objected to tl:ie bill ·because of the great amount of money involved. I presume he did so .on the basis of economy. I now find my good friend from Nebraska urging that the-majority leader bring the bill up f6r consideration at the earliest possible time. Certainly his suggestion will have a great· deal of weight with me. It is interesting to. find the Senator from Ohio and the Senator from Nebraska disagreeing once in a while upon the subject of economy.

Mr. WHERRY. Mr. President, will the Senator yield?

Mr. LUCAS. I.yield to my good friend, the. Senator from Nebraska.

Mr. WHERRY. Mr. President, I am sorry the Senator has begged the question. I feel that he will agree with me that a Senator has a perfect right to ask that each and every Senator have his day in court, and that in sci' doing he should not be indicted as being either in opposition to or in conformity with the position of the Senator from Ohio.

I wish to say for the RECORD that I have objected to tbese bills three or four times, and have don.e so, as minority leader, in behalf of other Senators: I wish the RECORD to be clear in that respect. InasmuGh a,.1? there 1~ a great deal of interest in these bills, I think those who are inter~~ted iri tl~em :should have a ffght to ask for · ~heir consideration. It seem$ that there is a great deal of dispute about the matter . . My sympat:tiies have· been with these· people. Xf the bills have merit, when applied over a period of years, I do not think they shouLQ. be rejected solely in the interest of economy. _

Mr. JOHNSTON of South Carolina. Mr. President, will the Senator yield? . Mr. LUCAS. I yield. ,

Mr. JOHNSTON of South Carolina . Mr. President, I should like to add to what the minority leader has said. We must remember that last year we changed the law considerably and changed the amount that these people would receive, and also changed the amount they had to pay. Last year we changed from 5 percent to 6 percent the deduction to be made from the salaries of Government workers for this purpose. At . that time, in working out the provisions in regard to what they would receive, a great many inequities crept into the law. I think the members of the Civil Service Committee agree with that statement. Now we are trying to work out some of the inequities which crept into the law last year, in order to give those people what they should receive.

We found that people have retired after they had been paying deductions of 3 ~ percent, but thereafter the deductions ·have been increased to 5 percent, and later to 6 percent. People who retired several years ago · were receiving very small amounts of money at that time, because they had not paid in very much money. Nevertheless, today, in view of the increased cost of living, we must give them some increase in pay• ments; and that is what has been attempted. This bill will help in that way.

Mr. LUCAS. Mr. President, I hope that in due course we may be able to


get this ·bill b~fqre ~J?.e ·s~ena~e-. I :regret - Mr. ·JOHNSTON of South Carolina: that objection is ~ade . to its considera- Yes. tion today.- However, inasmuch. as o'Q- Mr. WILLIAMS. In effect it is a 5-jection has been made, the bill must go percent increase? over. Mr. JOHNSTON of South Caro-

SURVIVORSHIP ANNUITIES TO WIDOWS lin~r. ~:LLIAMS. I 'should like to ask OF RETIRING EMPLOYEES AT A RE- the Senator from South Carolina, since DUCED COST this is a 5-percent increase to one

, Mt. LUCAS. Mr . . President; . under group of employees~ on what' basis· wer~ the unanimous consent agreement the · they operating when they limited this inSenate will now recur to Senate_ bill crease to married men only? . Under the 1440, Calendar No. 501. _ bill now before us, married women, sin. The PRESIDING OFFICER. The bill gle women, and single men would get no will be stated by title for the information additional benefits. Married · men alone of the Senate. would get an increase in survivorship

The LEGISLATIVE CLERK. A bill <S. 6enefits, while all other typ~s of em-1440) to amend the Civil Service Retire- ployees· ~r~ exclude<J. ;i: wa$ . wondering ment Act of .May 29, _193o; ·as amended, how tlie','Senator justif;ies this apparent so as to provide for payment of annuities discrimination since. all employees reto widows of retired empleyees without gardless of their m~rital .status contribreduction in the annuities of such em- ute exactly the same to the fund. ployees. . · Mr. JOHNST0N of South Carolina.

Mr. HENDRICKSON. Mr: President, We did not mean to exclude them, but reserving the right to object, will the that was in the law-- · distinguished Senator from South Caro- · Mr. WILLIAMS. No. I should like to Jina gi've U1? an explana~ion . of the bill? .. point out to . the ·· Semitor . from South · The PRESIDING OFFICER. .· If the ·caroiina that under the faw they are Chair understands correctly,_ when a all subject to a deduction of 10 percent; Senator asks a questiOn, or asks for an but as it is now this· bill ·provides that explanation, the time is charged to h~m. only married men shall g~t an additional . Mr. HENDRICKSON. ! only ·make · · 5 percent . . · · ; · . · ·

one reservation, Mr. President. I reserve Mr. JOHNSTON of South Carolina. I the right to object. · · ,. . . ·: agree with the Senator; but some meni-

The PRESIDING OFFICER. The bers of the committeee and some mem-. Senator ·who has the floor calls for . .an· bers' of the subcommittee thought there explanation. He called for an explana- should· be a distinction, because the bus .. tion from the Senator from South Caro- band should provide for hiS widow, but Jina, and the explanation will be made that it was not necessary for a wife' to in his tiMe. · , . provid.e for her husband in very many · Mr. LUCAS. Mr. President, a parha- cases. mentary inquiry. · The PRESIDING OFFICER. The

The ?RESIDINQ-, OFFICER. . Th~ time o( the Senator , from New _Jersey Senator will st'ate it. · · · · lias expired. · · · · · Mr. INCAS. Has · ahy Senator ob- Mr. WILLIAMS. -Mr. President, has jected to t~e bill? the Senator from South ·Carolina been

The PRESI,D~G .. oFnCER. No. recogriized in his own right? . . The ~Senator from New Jersey reserves · · The · PRE.$IDING OFFICER. The the right to object. . Senator froni South Carolina has not

Mr. JOHNSTON of South Carolina. been . recognized. /Fhe Senator from Mr. President, answering the question South Carolina was called. upon to an'of the Senator from New Jersey I should swer questions, and he consumed f.he like to say that the bill as originally time of the Senator from New Jersey.

.introduced would .cost_ approximately Mr. JOHNSTON of South Carolina. $25,000,000. At the suggestion of the Mr. President, I shall be glad to answer Senator from New Jersey and others, I any questions. asked the Civil Service Commission to The PRESIDING OFFICER. The estimate what a bill would cost that time of the Senator has expired . . would simply decrease the present 10 Mr. WILLLIAMS. Mr. President, I do percent payment to 5 percep.t. not think my time has expired. I was

We found that by doing that it would only asking the Senator from , South reduce the· cost from $25,000,000 to ap- Carolina a question. proximately $9,000,000. The Commis- The PRESIDING OFFICER. The sion was against the bill in its original Chair recognized the Senator from New form, but after we agreed upon ~he 5 Jersey [Mr. HENDRICKSON], and he asked percent, and asked for the information permission to ask the Senator from I have just .m~ntione9, the_ Commission 'South Carolina some questions. The ·recommended favorable action on the Senator from South Carolina was anbill, that is with the 5-percent deduc- swering questions in the time of the Sen-tion. ator from New Jersey . .

Mr. WILLIAMS. Mr. President, will The Chair recognizes the Senator from the Senator yield? Delaware.

Mr. JOHNSTON of South Carolina. I Mr. WILLIAMS. Mr. President, I yield. want to be recognized in my own right.

Mr. WILLIAMS. Do I understand car- The PRESIDING OFFICER. The rectly that in effect the bill provides a Senator objected, and gained recogni.5-percent increase in the annuity of .tion thrpugh opj~cting, ·those men who have elected· to take the Mr. WILLIAMS. N:o. , ·survivorship benefits under the present . · Mr. WHERRY. Mr. President, I suglaw? gest that the distinguished Senator from

Delaware perll).it -the Senator from South Carolina to use his 5 minutes now. ·1 think he can answer the questions which have been asked.

The · PRESIDING OFFICER. The Chair did not understand whose 5 minutes the Senator referred to.

Mr. WILLIAMS. Mr. . President, a parliamentary inquiry ..

The PRESIDING OFFICER. The Senator will state it.

Mr. WILLIAMS. When did I request the floor? · The PRESIDING OFFICER. The Senator~from Delaware rose and objected when the bill was called. . . Mr. WILLIAMS. No. The Chair is mistaken . . The Sena.tor from New Jersey' [Mr. ' HENDRICKso'Nl is the 'one who reserved the right to object to the bili. The Senator from Delaware did not rise · until · the middle of the speech of the Senator from- South Carolina, when I asked him a question.

The PRESIDING OFFICER: The Chair. m~y p~ mista}cen. .

Mr. WILLIAMS.· I have not used any of my own time. . '

Mr. JOHNSTON of South Carolina. Mr. President, I ask for the floor in my own right. ·· . · Mr. L'UCAS. Mr: President, I demand the regular order. Who has the floor?

The PRESIDING OFFICER. The Senator froni New-Jersey [Mr. HENDRICKSON] had ·the 'floor. ·

Mr. LUCAS. Who has the floor at the present time? . .

The PRESIDING OFFICER. The Senator fr.om Delaware [Mr. -WILLIAMS]. · Mr. WILLIAMS. No. I have not yet asked for the floor. I shall do so later. I think the Senator from South Carolina is asking for .it. . . . : · · . · Mr. LUCAS. - Mr. Presid_ent, a point o~ order.-·' · . ·The· PRESIDING OFFICER. · The Senator wilf state it. · - :Mr. LUCAS. The Senator from Delaware has not the floor. He cannot rise and discuss the bill. Some Senator ought to have the floor. I ask who has the floor. . . The PRESIDING OFFICER. The Chair recognizes the Senator from South Carolina. · The Senator from South Carolina asked for the floor in his own right.

Mr. JOHNSTON of South Carolina. Mr. President, on the call of the calendar I think it is customary for the chairman of the committee to try to explain the bill. At the same time, I am glad to answer any questions any Member of the Senate may wish to ask. So far as I am concerned, if there are any questions in regard to this particular bill, I shall be glad to try to answer them.

Mr. WILLIAMS. Mr. President, will the Senator yield?

Mr. JOHNSTON of South Carolina. I yield.

Mr. WILLIAMS. I was only asking the Senator from South Carolina what future action the committee planned to take to . clear up this apparent inequity, in that a 5 percent increase is being allowed only to married men. . Mr. JOHNSTON of . South Carolina. Mr. President,. we have another bill b.ef Qre the -subcommittee at the present time, of

.1949 CONGRESSIONAL. RECORD-SENATE • J • • - ~· "· • • - '- ~ ' .~. .." ~ I ! ·:: . ~ . r I . r .. ~ •

~.94.1 whicb we are making a study. We hope .to elimiri.ate this· inequity, ·if it is an inequity. Some seem to think it is not an ·inequity, because a husband sholild provide for his_ widow, but that it is not necessary for a wife to provide for her husband. The bill is tiefore the subcommittee at the present time.

Mr. WILLIAMS. Mr: President-The PRESIDING OFFICER. Does the

Senator frotn South Carolina Yield to the Senator from Delaware·? Mr~ WILLIAMS. Mr. President, I was

seeking the floor in my own right. · Mr. JOHNSTON of ·south Carolina.

Mr. President, I yield the :floor. · The .. PRESIDING OFFICER. The

Senator from Delaware is recognized. Mr. WILLIAMS. Mr. President, I

merely wish to point out that Senate bill 1440 has never been submitted to the Bureau of the· Budget to· determine the cost. It has been submitted to the CiVil Service Commission; and in its letter to the chairman of the committee the Commission states that it has not had time to get a report ffam the Blireau of the Budget on the bill.

If this bill is passed. as the Senator from South Carolina has pointed out~ in effect it will represent a 5-percent increase in the annuities of married men alone . . It woUld not increase the annuities of married women. It would not increase the annuities of siri.gle women or sihgle men. ·

There are instances in which married women working for the Governinent have di~~bled . _bu~pands .WbQ are .unable to work. The wife serv·es the Government for the same number of ·years as does the married man. She has just as much of an obligation, perhaps even more so, since she is a woman. · -Such a woman is asked, _under the law, to Pf\Y into the retirement fund exactly the same amount of money as does a married man. Her deductions are exactly the same as those of ,a married man. . I do not understand why a married man should draw more out of the fund than does a married woman. We hear a great deal of talk about equal rights. I do not understand why the conimittee reparted such a bill. I wonder if the Senator from South Carolina does not agree with me that it would be better to return the bill to the committee so that it can make the necessary .corrections in an over-all bill.

Mr. JOHNSTON of South Carolina. Mr. President, will the Senator yield?

Mr. WILLIAMS. I yield. Mr. JOHNSTON of South Carolina.

Mr. President, we have been holding hearings on that very question. The Senator from Louisiana £Mr. LoNGJ and I favor the amendment which the Senator from Delaware is discussing at the present time;_ but that is in another bill, and is not before the Senate for discussion at this time.

Mr. WILLIAMS. Ever since I have been ·a Member of the Senate we have been co.nsistently trying to enact retirement legislation piecemeal. I think the Senate should decide whether or not · we can afford to give a 5 percent over-all increase in annuities at this time. If we cannot, I do not think we should select one particular group and give it to them.

Mr. LONG. Mr. President, will the Senator yield? ·

Mr. WILLIAMS. I yield. Mr. LONG. The Senator from Dela

ware referred to the point. of unfairness to women. Under the proVisions of the bill a married man, because of the contribution he makes to the fund, would be better able to protect his wife, with Government assistance, than under the present law. Actually it is the woman who gets the benefit. and not the man, because the bill would enable the annuitant to elect to protect his wife in the event he should die. I have had some doubt · in my · mind as to whether the Federal Government should pay the expense of insuring the husband in the event a wife should die. The husband should be able to look out for himself. But I have never .had any objection to protecting a man's wjfe in the event the man dies. That would be the e1Iect of this bill.

The PRESIDING OFFICER. The time of the Senator from Delaware has expired. · - Is there objection to the present consideration of Senate bill 1440? ·

Mr. WIµ,L!AMS. ~r. President, I am not objecting to consideration ·of the bill. i ask that the bill be put to a vote and for the 'reasons stated r shall vote against it. · ·

The P~ESIDING OFFICER. Is there objection to the present consideration' of .the bill? :

There being no· objection, the Senate proceeded to consider the bill (S. 1440), to amend the Civil · SerVice Retirement Act of May 29, 1930, as amended, so as to provide for payinent of annuities to widows of retired employees without reduction . in the annuities· of such employees, which had been reported from the Committee on Post Office and Civil Service with an amendment, to strike out all after the enacting clause and insert:

That (a) subsection (b) of section 4 of the Civil Service Retirement Act or May 29, 1930, as amended, is hereby runended by striking out "90 per centum" and inserting in lieu thereof "95 pe:r centum."

(b) (1) The amendment made by this act shall take efl'ect as of April l, 1948, but no increase in annuity shall be payable by reason or such amendment for any period prior to the first-day of the first month which begins after the date of enactment of this act.

(2) Any officer or employee who .retired on or after April 1, 1948, and prior to the date of enactment. of this act under the provisions of section 1. 2, or 6 of the Civil Service Retirement Act o! May 29,.1930, as amended, and who did not elect a reduced annuity under section 4 (b) of such act, shall have a right to make such election at any time prior to the expirati.on of 3 months f.ollowing such date of enactment and to designate a wife to, whom he was married on the date of his retirement to receive an annuity as provided in such section after hiS death. The reduction in the annuity of an officer or employee maktng the election authorized by this paragraph shall take effect on the first day of the month following the month in which such election 1s received by the Civil Service Commission. ,


for a third reading, · read the third time, and passed.

. The title was amended so as to read: "A bill to amend section 4 of the CMl Service Retirement Act of May 29, 1930, as amended; so as to decrease the amount of reduction in the· annuities of' retired employees who elect to provide survivors' annuities for their widows."

CARL.PIOWATY AND W. J. PIOWATY

Mr. LUCAS. Mr. President, there is one more bill for consideration, under the unanimous consent agreement~ and that is Calendar No. 382, Senate bill 472.

The PRESIDING OFFICER. The bill ·will be stated by title for the information of the Senate.

The LEGISLATIVE CLERK. A bill (S. 478) for the relief of Carl Piowaty and w. J. Piowaty. · ·

·Mr. PEPPER. Mr. President, is there a request for an explanation of the bill?

Mr. WILLIAMS. Mr. President, I request an explanation. I withhold objection, if the Senator from Florida will ex-p1airi the bill. -

Mr. PEPPER. I sbali be. glad to do so·. Mr. President, this bill is unanimously

reported favorably by the Committee on Agriculture and Forestry. I believe the total -amount involved is less than $9,000; at any rate. I am. sure it is less than $10,000. The beneficiaries are two farmers in Florida.

The purpose of the bill is to relieve those two farmers from a liability they incurred to the Regional Agricultural Credit Corparation, in connection with planting beans as a war contribution, in 1943. during the war. The Regional Agricultural Credit Corporation made a loan of $4,225 to each one of these beari growers. It was made with the understanding-as in the case·o:f similar loans, similarly circumstanced-that there would be no liability on the part of the growers if in using the money adv~nced them under the loan they exercised good husbandry in the cultivation· and harvesting of the crop. . .

They planted the crop of beans. But in April 1943 a .. col~. snap occl,lrre(t and ruined the beans. That was the crop which was planted. by the use of thE Government's money.

Then thos~ farmers, u,sing ·their own money-an<i ~owing goqd faith. of course-planted al).other crop, without any cost to the Government. However, under the obligation they executed when the~ borro)Ved the money, .. the widerstanding was that any proceeds from the crop including any incentive payments, should go to the Government. ~ May 1943 the hot weather killed

the second crop. That shows the variety of our climate; I may say.

The result was that both these farmers: gave the Government every penny they received. from both crops, including the incentive payments the Government paid them. Neither of the crops yielded the amount of the Government loan. The Government sued these farmers for the balance due, although the Government got all the crop proceeds, including all the incentive payments the Government had paid the farmers, and includ-

. ing all . that they received from the crop they grew with their own money, as wen as everything they received for the crop they grew with the Government's money.

8942 CONGRESSIONAL RECORD-SENATE JULY 6 lar bill, Calendar 382, Senate bill 478, if I understand. correctly, and he .would be . entitled to 5 minutes. , ·, .

The. PRESIDING OFFICER. The Senator had the floor. ·The Chair never recognized the Senator from Florida.

Mr. WILLIAMS. Since we are -now operating under the system whereby if an explanation is requested, such ex-. planation is charged . against our time, thus _precluding my niaking any statement, my- only alternati:ve is to object. , Mr·. PEPPER. Mr. President, l should far rather tlie Senator would have the

When the Government.sued, a technical question was presented in court· as to whether the farmers had the certification of the county war board that they had used good husbandry. _ They did not have the certificate of the county war board, but it was proved by farmers living in that area that they did. use good husbandry, and it also was proved that the county war board never inspected these farms at all, although it did get a report from an agent whie;h it sent there, who reported that the farmers did not use good.husbandry . . However, Mr .. Pres:- . ident, it is to be noted that of the 50 farmers in the county who requested relief' these two farmers are the only ones who did not receive it. Furthermore, the testimony of . the. neighboring farmers was that these two. farmers did use good husb.andry in the planting and cultiv~a-

- time. · , ,

tion of their crop. . '. So the circuit court entered judgment

against these two farmers, in favor of ... the Government. . '

That judgment was ap:Pealeci to· the State supreme court · The State supreme court affirmed the ju(J~ent- o( the cir.cult court by a vote of 4 to 3. The four Supreme Cou1;t justices who ruled against the two ::-armers did so on · the technical ground that since t:P,ey did not actually have a. certificate of the county war board, even though they may have used good husbaildcy as a matter of fact, they could not obtain relief~

Here is what ·the ·state supreme .c.om:t said. in its opinion:

. Mr. WILLIAMS. I am.sorry to have .to ·object, without expressing to the Senator f ram Florida my reasons. - .. - The PRESIDING . OFFICER.. Objec

tion is heard. CREATION OF PROFESSIONAL AND SCI

ENTIFIC POSITIONS UNDER NATIONAL ADVISORY COMMITTEE FOR AERON~UTICS

Mr. LONG. Mr. President, I ask unan:. imous consent to return to the co11sideration' 0Cdalendar Order '309~ :Hou·se bill 20. . . ,. . . - '( "

-- Mr. WILLIAMS. Mr. President, since uncte'r the ruling of the present · presiding officer we carinot : ask for . an ex':' p!anatiori and then reply, I shall have to · object to· that, too. · :· The .PRESIDING- OFFICER- Objec':'· tion -is heard. · . · . · , ·:

Mr. WHERRY. Mr. President; I was about· to address the Chair, before the ~~jectio~ \V~~ i?acte.· ._ · It is conclusively shown that in the cases

now before U$, the respective farmers complied with every part of the contr~ct: . and in their endeafor in this regard, each loat considerably more money than the Govern.:. ment will lose when the balances claimed ~n th~se obligations are canceled.

REHABILITATI'ON OF NAVAJO AND HOPI - . . - - TRI~ES OF _-iNDI~S . .

Mr. President, it seems that these .farmers have acteci in good .· faith. - I do riot know ·why the agent did not cer~ tify in their behalf, but I know the evi.:. dence 1s not disputed that the county war board itself never laid eyes on that crop. , ·

. Therefore, it .s.eems to me that a -meri-. _to:dous case has been inade, and that .the

committee . has properiy reco.mmended that the bill be passed: I certainiY..hope the Senator . from Delaware· wili not interpose objection.

. The - PRESIDING OFFICER. The time of the Senator from Florida. has . expired . . -

Mr. WllLIAMS. Mr. President, while I have great respect for what the Senator from Florida has said in urging the adoption--


Mr. WILLIAMS. If my time has expired, Mr. President, I have no alternative other than to, object.

Mr .. PEPPER. Mr. President, a parliamentary inquiry, before the Senator objects, if I may.

Mr. WILLIAMS. All I have done was to ask for an explanation. . Mr. PEPPER. A parliamentary in-

quiry. . The PRESIDING OFFICER. The .

Senator froni Florida will state it. Mr. PEPPER. The Senator from Del

aware has not spokeri upon this :particu-

- Mr. WATKINS . .. Mr;·.President,. I ask unanimous consent to recur· to-Calendar 544, Senarte bill 1407. . . . . The PRESIDING' OFFICER. Tlfe bill wil-1 be stated. bf its title~ ·: '. ~ , . The LEGISLATiVE CioERK/ A bill.(S; 1407) to p·romote the rehabilitation of the Navajo and Hopi Tribes 'of Indians and the better utilization ·of the resources of the Navajo and Hopi- Indian Reservations, and for othen;>u:rposes:

Mr. WATKINS. I hope my-g-eod:ftiend froni Delaware ·wnr:not' make ari 'obiec.;.· Wm, and will give me an opportunity to take care of some of these·people we.have been pushing around · for years, the Navajo Indians .

. The PRESIDING OFFICER. Is there objection to the present consideration of · the bill? · . Mr. ' HENDRICKSON. Mr. President', reserving the right to object, · I merely want to call the Senate's attention to the fact that this · bill is going to cost the United States Government $90,000,000.

Mr. WATKINS. That is, in 10 years. I call the attention ·of the Senate to the fact that we passed a bill unanimously to pay $26,000,000 a year· for cultivating good relations with the South American Republics, and the Senator ·did not object to that, and $16,000,000 for the Arabs.

Mr. ·ANDERSON rose . The PRESIDING OFFICER. Does

the Senator from Utah yield to the Senator from New Mexico?

Mr. WATKINS. I yield for the purpose of an amendment. There has not been an .Qbjection. ·

_ The PRESIDING .OFFICER. Does .the ·senator from New Mexico rise for a question? - . .

Mr. ANDERSON. Yes. If the s 'enator will yield, I want to ask the Senator from Utah if it is not true that we have tried to protect this measure extremely well by adding a watchdog committee, which' .the Senator from Utah himself suggested. . If I may be permitted to do so, t want to send to the desk now an · amendment which I have presented, which would. change the membership of the watchdog committee to three mem.bers from the Committee on Interior and Insular Affairs of the Senate, and three members of the House committee.

The PRESIDING· OFFICER. Is there .objection tothe prese.nt considera~ion· of the bill? _ . · :

Mr. WILLIAMS. Mr. President, I withhold my objection, if .the Settator from Utah wishes to make an explana~ tion. _ . = · _ ·

Mr. WATKINS. I should like to make an explanation. _ Mr .. WILLIAMS. _ The Senator will be maki11g it iD, niy time, as I understand.

'Mr. WATKINS. I will have some time of p:iy ·own, 1;1.lso. . -· · · .The PRESIDING OFFICER. The un.derstanding of the Chair is that the Sen~ ator :obtained the _ floor by unanimous consent~ · · · · · · · · -- Mr. WATKINS: This measur~ is sim;.

. ilar ,to the measure which was passed by .the Senate fast year. -. It.was ·can·sidered in detail by a committee of which I was chairman, the Subcommittee ·an Indian Affairs. . ... .

. - -A very serious sitµatlon exists Qn the Navajo Indian ·Reservation in New Mexi_co ·and ·hi the Sf~te of 'Utah. Some 6l,: 000 Indians who· ar~ there are living in ·the .., depths of ·: poverty. We concluded a treaty~ with· them· nearly 80 -years ago, -in --which we-agreed -to do certain things . One. o( those _things .. was -_io ~ ·provide · a school . teacher and a school room for each 30 students. · At-the present . time some·· 14,000 Indian children are not ·1n school, -though we agr-eed to put them in schoot , We made a ~ave there recently fo -take care · Qi some 2:,000 oJ them .in -the_ Bushnell Military --Scho.ol. . - Mr.- President, in explaining this bill I should like to have the attention of the Senate, so.that Senators may understand the effect· of what we are asking to have done in this bill. The program has been worked out to rehabilitate these Indians, · to provide roads to help them get on the lan_d so_ they can become self-supporting, and to provide schools and industries for them so they can take care of them-

. selves and not be subject to public charity as they have been in the past 50 years.

It is true that · $30,000~000 is mentioned. The . bill passed last year left op'en the :amount under our treaty and under other rights. - We should provide for these Indians, who cannot help themselves. We put them on this reservation. It is true that they can be ·moved o1f, but they have no other . resources. They are not trained. They are not educated. Most of them cannot speak, read, or write the English language; so they are handicapped in whatever they are trying to do to make their own \l.~ay ·in the · world. This

1949 CONGRESSIONAL ,RECORD-SEN.A_TE 8943 assistance is long overdue. It should have been provided years ago.

The PRESIDING OFFICER. The Senator's time has expir.ed.

Mr. ANDERSON. Mr. President, I may say that I subscribe to what the Senator ·from Utah has said. I should like to add one word that he probably cannot say. He has been very much interested in this matter and has made a tremendous contribution toward it. The school facilities were not adequate. The Senator from Utah was instrumental in establishing the school at Bushnell, and that school is a fine and wonderful thing for the Navajo Indians.

The distinguished senior Senator from North Dakota [Mr. LANGER] is very familiar with the Navajo problem. He has been to the reservation and realizes the tremendous injustice which has been done these Indians. I hope the Senate will . take the step which, is needed adequately·· to ·protect them and which the Senator from Utah has proposed in his amendme'nt, which sets up a _watch-dog committee, so that the Congress will constantly be in touch with every action long before.it is taken. I hope we have support for it at this time. .

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

Mr. WILLIAMS. Mr. President, which bill is it?

Mr. WATKINS. It ts Order No. 544. Senate bill 1407.

Mr. WILLIAMS. Mr. President, since I have used my time---- ·

The PRESIDING OFFICER. Is the.r_e objection. to the present consideration of the bill i · , . ,

. There being no .objection, the Senate proceeded to consider the bill <S. 1407) to promote the rehabilitation of the Navajo and Hopi Tribes of Indians. and the better utilization of the resources of the . Nayajo and Hopi Indian Reservations, and for other purposes, which_ had been r'eported from the Committee _on Interior and Insular Affairs, with amendments, on page 3, line 8, after the word "measures'', to insert "either on or off their reservations"; and on page 7, after line s: to strike out section 9, as-follows:

SEC. 9. In the administration of the program authorized by this act, the Secretary of the Interior shall give consideration to recommendations made by the tribal councils of the Navajo and Hopi Tribes.

And insert in lieu thereof ·the following:

SEc. 9 (a) There is hereby established a joint congressional committee to be known as the Joint Committee on Navajo-Hopi Indian Administration (hereinafter referred to as the '"committee"), to be composed of two members of the Committee on Interior and Insular Affairs of the Senate to be &.J?pointed by the chairman thereof, and two members of the Committee on Public Lands of the House of Representatives to be appointed by the chairman thereof. A vacancy Ln the membership of the committee shall be filled in the same manner as the original selection. The committee shall elect a chair-man from among its members. ·

(b) It shall be the function of the comm1ttee to tnake a continuous study of the programs for the administration and reha"bilitation of the Navajo and J:Iopi Indian~. and to review. . the progress achieved in the . exe~utio.n .. o( s¥ph prog~i.i,ms. . . Upon requ_e~.t,

the committee shall aid the several standing committees of the Congress having legislative jurisdiction over any part of su'ch programs, and shall make a report to the Senate and the House of Representatives, frbm time to time, concerning the results of its studies, together with such recommendations as it may deem desirable. The Commissioner of Indian Affairs at the request of the committee, shall consult with the committee from time to time with respect to his activities under this act.

(c) The committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings; to sit and act at su·ch times and places, to require by subpena.. or otherwise the attendance of such witnesses and the production _ of such books, papers, .and documents, to administer such oaths, to take such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 25 cents per hundred words. The provisions of sections 102 to 104, inclusive, of the Revised Statutes shall apply in case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this subsection.

(d) The committee is authorized to appoint and, without regard to the Classification Act of 1923, as· amended, fix the compensation of such experts, consultants, technicians, and organizations thereof, and clerical and stenographic assistants as it deems necessary and advisable.

(e) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, to be disbursed by the Secretary of the Senate on vouchers signed by the chairman;

So as to make the bill read: Be it enacted, etc., That in order to further

the purposes of existing treaties with the Navajo Indians; to provide facilities, employment, and services essential in combating hunger, disease, poverty, and demoralization among the members of the Navajo and Hopi Tribes; to make available the resources. of their reservations for use in promoting a selfsupporting economy and self-reliant communities; and to lay a stable foundation on which these Indians can engage in diversified economic activities and ultimately attain standards of living comparable with those enjoyed by other citizens, the Secretary of the Interior is hereby authorized and di" rected to undertake, within the Jimits of t4e funds from time to time appropriated pursuant to this act, a program of basic improvements for the conservation and development of the resources of the Navajo and Hopi Indians, the more productive employment of their manpower and the supplying of means to be used in their rehabilitation, whether on or .off the Navajo and Hopi Indian Reservations. Such program shall include the following projects·:

1. Soil and water conservation and range and livestock improvement work.

2. Completion and extension of existing irrigation projects, and completion of the investigation to determine the feasibility of the proposed San Juan-Shiprock irrigation project. .

3. Surveys and studies of timber, coal, mineral, and other physical and human resources.

4. Development of industrial and business enterprises.

5. Development of opportunities for off.reservation employment and assistance in adjustments related to such employment.

6. Roads and trails. 7. Air transport facilities. 8. Telephone and . radio communications

systems. . 9. Domestic and stock water supply. °IO. Relocation and resettle.ment of Navajo

and Hopi Indians .

11. Establishment of a revolving loan fund. 12. Hospital buildings and equipment, and

other health conservation measures, either on or off their reservations.

13. School ·buildings and equipment, and other educational measures.

14. Housing and necessary" facilities and equipment.

SEC. 2. The foregoing program shall be administered in accordance with the provisions of this act and existing laws relating to Indian affairs, shall include such facilities and services a~ are requisite for or incidental to the effectuation of the projects herein enumerated, shall apply sustainedyield principles to the administration of an renewable resources, and shall be prosecuted in a manner which will provide for completion of the program, so far as practicable, within 10 years from the date of the enactment of this act. An account of the progress being had in the rehabilitation of the Navajo and Hopi Indians, and of the use made of the funds appropriated to that end under this act, shall be included in each annual report of the work of the Department of the Interior submitted to the Congress during the period covered by the foregoing pro-gram. _

SEC. 3. Navajo and Hopi Indians shall be given, whenever practicable, preference in employment on all projects undertaken pursuant to this act, and, in furtherance of this policy, may be given employment on such projects without regard to the provisions of the civil-service and classification laws. To the fullest extent possible, Indian workers on such projects shall recejve onthe-job training in order to enable them to become qualified for more skilled employ-: ment.

SEC. 4. The Secretary of the ln-f;erior is authorized under such regulations as he may prescribe, to make loans from the loan fund authorized by section 1 hereof to the Navajo Tribe, or any member or association of members thereof; or to the ·Hopi Tribe, or any member or association of members thereof, for such productive purposes as, in his judgment, will tend to promote the better utilization of the manpower and resources of the Navajo or Hopi Indians. Sums collected in repayment of such loans and sums collected as interest or other charges thereon shall be credited to the loan fund, and shall be available for the purpose for which the fund was established.

SEc. 5. Any restricted Indian lands owned by the Navajo Tribe, members thereof, or associations of such members, or by the Hopi Tribe, members thereof, or associations of such members, may ·be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, or business purposes, including the development or µtilization of natural resources in connection with operations under such leases. All leases so granted shall be for a term of not to exceed 25 years, but may include provisions authorizing their renewal for an additional term of not to exceed 25 years, and shall be made under such regulations as may be prescribed by the Secretary. Restricted allotments of deceased Indians may be leased under this section, for the benefit of their heirs or devises, in the circumstances and by the persons prescribed in the act of July 8, 1940 ( 54 Stat. 745; 25 U. S. C., 1946 ed., sec. 380). Nothing contained in this section shall be construed to repeal or affect any authority to lease restricted Indian lands conferred' by or pursuant to any other proyision of law.

SEC. 6. In order to facilitate the fullest possible participation by the Navajo Tribe in the program authorized by this act, the members of the tribe shall have the right to adopt a tribal constitution in the manner herein prescribed. Such constitution may provide for the exercise by the Navajo Tribe of any powers vested in the tribe ·or any

8944 CONGRESSIONAL RECORD-SENATE JULY. 6 organ thereof by existing law, together with such additional powers as the Congress has recognized to be proper for inclusion in the constitutions and charters of Indian tribes who desire to secure political and economic powers of self-government. Such constitution shall be formulated by the Navajo Tribal council with the approval of the Secretary of the Interior, and shall be effective upon adoption by secret ballot of the adult memQers of the Navajo Tribe in nn election, held under such regulations as the Secretary may prescribe, at which a majority of the qualified votes cast favor such adoption. Amendments of the constitution may be formulated and adopted in like manner.

SEC. 7. Notwithstanding any other provision of existing law, the tribal funds now on deposit or hereafter placed to the credit of the Navajo Tribe of Indians in the United

·States Treasury shall be available for such purposes as may be designated by the Navajo Tribal Council and approved by the Secretary of the Interior.

SEc. 8. The sum of $90,000,000 is hereby authorized to be appropriated for the purpose of carrying out the provisions of this act. Funds so appropriated shall be available for

·administration, investigations: plans, construction, and all other objects necessary for or appropriate to the carrying out of such provisions. Such further sums as may be necessary for · or appropriate to the annual operation and maintenance . of the projects herein enumerated are hereby also authorized to be appropriated. Funds appropriated under these authorizations shall be in addition to funds made available for use on the Navajo and Hopi Indian Reservations, or with respect to Indians of the Navajo and Hopi Tribes, out of appropriations heretofore or hereafter granted for the benefit, care, or assistance of Indians in general, or made pursuant to other authorizations now in effect.

SEC. 9. (a) There is hereby established a joint congressional committ ee to be known as the Joint Committee on Navajo-Hopi Indian Administration (hereinafter referred to as the "committee"), to be composed of two members of the Committee on Interior and Insular Affairs of the Senate to be appointed by the chairman thereof, and two members of the Committee on Public Lands of the House of Representatives to be appointed by the chairman thereof. A vacancy in the membership of the committee shall be filled 1n the same manner as the original selection. The committee shall elect a chairman from among its members.

(b) It shall be the function of the committee to make a continuous ·study o~ the programs for the administration and rehabilitation-of the Navajo and Hopi Indians, and to review the progress achieved in the execution of such programs. Upon ·request, the committee shall aid the several standing committees of the Congress having legislative jurisdiction over any part of such programs, and shall make a report to the Senate and the House of Representatives, from time to time, concerning the results of its studies, together with such recommendations as it may deem desirable. The Commissioner of Indian Affairs, at the request of the committee, shall consult with the committee from time to time with respect to his activities under this act.

(c) The committee, or any duly authorized subcommittee thereof, is authorized to hold such hearings, to sit and act at such times and places, to require by subpena or otherwise the attendance of ·such witnesses and

1 the production of such books, papers,

and documents, to administer such oaths, to t ake such testimony, to procure such printing and binding, and to make such expenditures as it deems advisable. The cost of stenographic services to report such hearings shall not be in excess of 25 cents per hundred words. The provisions of sec-

tions 102 to 104, inclusive, of the Revised Statutes shall apply in case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this subsection.

( d) The committee is authorized to ap--point and, without regard to the Classification Act of 1923, as amended, fix the compensation of such experts, consultants, technicians, and organizations thereof, and clerical and stenographic assistants as it deems necessary and advisable.

(e) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, to be disbursed by the Secretary of the Senate on vouchers signed by the chairman.

Mr. WHERRY. Mr. President, I did not quite understand the Senator from Delaware when he said his tfme was used. May I ask, as a parliamentary inquiry, whether the Senator used his 5 minutes?

The PRESIDING OFFICER. No; the Senator did not use it.

Mr. WILLIAMS. Mr. President, I understood I was using it in the same manner as I did before. I asked for an explanation of the bill.

The PRESIDING OFFICER. The Senator from Utah obtained the floor by unanimous consent. Is the Chair correct in that?

Mr. WHERRY. That is correct. The PRESIDING OFFICER. Does the

Senator from Delaware wish to be recognized for 5 minutes?

Mr. WILLIAMS. No. Mr .. HENDRICKSON. Mr. President,

I should like to make ~t plain that I withhold any objection.

The PRESIDING OFFICER. The question is on agreeing to the committee amendments.

The amendments were agreed to. Mr. ANDERSON. Mr. President, I

have an amendment which I send to the desk and request that it be stated.

The PRESIDING OFFICER. The clerk will state the amendment:

The LEGISLATIVE CLERK. On page 7, in line 16, it is proposed to strike out "two" and insert "three"; and in line 18, after the word "and'', to strike out "two" and insert "three."

Mr. WHERRY. Mr. President, in my own time, I should like to ask what these amendments do to the bill?

Mr. ANDERSON. I may answer the distinguished Senator by saying that the bill contains a provision for a watchdog committee. It provides for two members from the Committee·on Interior and Insular Affairs, and two members from the House committee.

Mr. WHERRY. What about the Committee on Appropriations?

Mr. ANDERSON. The matter comes to the Appropriations Committee.

Mr. WHERRY. What aboµt the membership of the "watchdog committee"? Is the Appropriations Committee represented?

Mr. ANDERSON. I may. say to the minority: leader, I took the language which the Senator from Utah put in the bill last year, and I have no objection whatever to a member of the Appropriations Committee being on the watchdog committee. I hope the distinguished minority leader will let this bill pass and leave it to the distinguished Senator

from Utah and other Senators to work it out in conference, in order to get whatever repr~sentation may be desired.

Mr. WHE~RY. I shall not object, on the representation made by_ the distinguished Senator, relative to the watchdog committee, but I think when we have a watchdog committee for a matter, which involves appropriations, members of the ·Appropriations Committee should be on it. They work continuously with authorizations and for appropriations. Later on, there will be requests for appropriations such as those requested for the roads talked about by the distinguished Senator from . Oregon, there will be authorizations in the Interior Department bill and we will have them in the Public Roads bill.· We have them in half a dozen different bills. Members of the Appropriations Committee have the information. I think that information would be very useful in connection with the authorizations for expenditures. : . I merely make this as a suggestion. I think the Appropriations Committee ought to be included.

The PRESIDING OFFICER. For the information of the Senator from New Mexico, who has submitted an amendment which has been stated, the Chair will announce that the committee am€ndment to which this amendment is proposed has been agreed to, and it will first be necessary to reconsider the vote by which the amendment was agreed to.

Mr. ANDERSON. I ask unanimous eonsent that the vote by which the amendment of the committee was agreed to be reconsidered.

The PRESIDING OFFICER. Is there objection? The Chair hears none, the vote is reconsidered, and the question is on agreeing to the amendment offered by the Senator from New Mexico to the committee amendment.


Mr. WATKINS. I send to the desk two ·amendments which I ask to have stated:

The PRESIDING OFFICER. The clerk will stat3 the amendments.

The LEGISLATI\E CLERK. In the committee amendment on page 7, line 18, after the word "thereof", it is proposed to insert "not more than two of whom shall be from the same political party";

· and on page 7, line 20, after the word "thereof", to insert "not more than two of whom shall be from the same political party."

The PRESIDING OFFICER. The vote by which the committee amendment was agreed to has already been reconsidered, and the question is on agreeing to the amendment offered by the Senator from Utah to the committee amendment.


The committee amendment as amended was agreed to.

The PRESIDING OFFICER. The question is on the engrossment and third reading of the bill. r

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

1949 CONGRESSIONAL RECORD-SENATE 8945 Mr. LONG. Mr. President, I ask unan

imous consent for the immediate consideration of Order No. 309, House bill 20.

The PRESIDING OFFICER. Is there o~jection?

Mr. WHERRY. Reserving the right to object, the objection which was made to the consideration of the bill under the unanimous-consent c-:tll was made by the distinguished senior Senator from Maine [Mr. BREWSTER]. I shall not object to retuming to consideration of the bill, because it is on today's calendar, · but I should like to have it strictly unders<~ood that if its consideration does not meet with the approval of the senior Senator from Maine, he may exercise the right to ask for reconsideration within the proper length of time after the session is concluded.

Mr. LONG. Mr. Presid1.;nt, I had understood and so assured the distinguished minority leader that the Senator from Maine had no objection. I have been told informally by somwne with whom he had discussed the matter, that he had no objection. If he has any objection whatever, I shall be glad to have action on the bill reconsidered at any time.

Mr. WHERRY. I am not questioning at all the statement of the Senator from Louisiana. All I want to do is to make the record clear. I have been unable to contact the Senator from Maine. While no doubt what the Senator from Louisiana has just stated is correct, I

. want to make it perfectly clear that I do not wish to prejudice in any way the rights of the Senator from Maine if he wants to ask reconsideration of the

, ~ction. Mr.. WILLIAMS. I withdraw my ob

jection, Mr. President. The PRESIDING OFFICER. Is there

.objection? There being no objection, the bill CH.

R. 20) to amend the act of August 1, 1947, as amended, to authorize the creation of ,lQ professional and scientific positions in the headquarters and research stations of the Advisory Committee for Aeronautics, was considered, ordered to a third reading, read the third time,. and passed.

INTERNAL SECURITY OF THE UNITED STATES

Mr. HENDRICKSON. Mr. President, at the last call of the calendar I objected to . the consideration of Order No. 418, Senate bill 595, relating to the internal security of the United States. Since that time I have made a further investigation, and I should like to withdraw my objection and have the bill considered. . The PRESIDING OFFICER. Is there objection?

.Mr. LUCAS. Mr. President, reserving the right to object, I do not believe we should go back to bills which were. not included in the unanimous-consent request. If we do, we may get into difficulty. I do not know_ a:p.ything about the · bill t:> which the Senator from New Jersey refers, but I think I shall be constrained to object.

Mr. "HENDRICKSON. I should like; to call attention to the fact that we have

. aiready passed two bills outside of the ·unanimous-consent agreement.

Mr. LUCAS. One was passed at the request of the Senator from Louisiana

[Mr . . LONG]. I shall have to object to the consideration of such bills from now on.

Mr. WHERRY. Mr. President, I join with the majority leader in stating that from now on I think we should not return to any bills outside of the unanimous-consent request.

Mr. LUCAS. I thank the Senator from Nebraska.

Mr. President. I want to make a brief observation while we are discussing the question of returning to bills on the calendar. It frequently happens that a Senator objects to a bill and later on some Senator who is also interested in the subject converses with the objecting Senator and gets the objecting .Senator to withdraw his objection, consideration is had, and , the bill is passed. There may be more than one Senator who objects to the bill; there may be three or four Senators objecting to it. It may be the only bill in which those Senators are interested. After one objection is made, the other two or three Senators will leave the floor on other business. They may go to a meeting of the Appropriations Committee, or to their offices, or downtown on some important appointment. Under the rules, of course, reconsideration can be had within the next 3 days. But sometimes the Senator who is objecting to the bill may overlook it, and later on he withdraws his objection. Perhaps the bill should go to the foot of the calendar and a quorum call be had in order that the interest of some Senator may not be jeopardized.

I am passing that suggestion on for whatever it may be worth. I have been present at times when I was ready to object to the consideration of a bill when some other Senator objected and I did not have to raise my objection. Perhaps if a Senator is not checking it very closely he may think the bill is on the calendar, and the next time the calendar ic called he will find it has been passed.

I am not sayin.; that I should like to have unanimous consent that a different course be followed, but I believe Senators should think about it.

COMMENTS ON NATIONAL HEALT.H PROGRAM

Mr. MORSE. Mr. President, I ask unanimous consent to have printed in the body of the RECORD as a part of my remarks an article written by the master of the grange of ,mY State, ~orton Tompkins, entitled "The Doctor.': I think Mr. Tompkins has raised very ably a challenge to the medical profession which I am sure the statesmen within the profession are willing and able to meet. I think Mr. Tompkins has made a contribution to the important discussion of health legislation now pending before the Congress;

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

THE STATE MASTER'S COMMENTS

(By Morton Tompkins) THE DOCTOR

There is no profession that reaches into the family and family life any more than the doctor. We may criticize him, we may

damn him, but when· we call him, we place explicit faith in him, and accept his diagnosis as being correct. He has reached into our lives and into the life of our family and has been built up in our esteem as more than an ordinary professional person, and we place the lives of ourselves and our .family into his hands.

By Virtue of this high regard, we do not like to think that he would allow himself to misinform us on public issues, but when I hear statements made by members of the medical profession that we have sufficient doctors and nurses to care for our people and that we have adequate hospital facilities, it makes me feel as though the persons making these statements are insulting the intelligence of the public. I am one who does not believe the question of communism and socialism is part of the issue. This "scare propaganda" is ill-becoming to the medical profession.

We know, and believe the medical profession knows, tha--t there are not sufficient doctors to take care of the needs of today. There are not sufficient trained nurses nor sufficient hospitals. I would be the last to deny that doctors hav·e in many cases contributed, and are contributing, their services without ·cost. I commend them for it. I know there are and have been members of the profession Who have made great cq_ntributions to the welfare of humanity and have sacrificed the opportunity to make great Drofits.

It would seem to me that the doctors now have a golden opportunity to propose a program which will reach into the home of every person in the United States which wlll assure these people that the best professional service is available to them and that every citizen can have and avail himself of this care even though he has no funds with which to pay the bill.

The health of the people of America· is a national responsibility. No one should be deprived of proper medical and hospital care because of their inability to pay for it.

· Over the years a number of plans have been proposed-usually by persons not members of the medical profession-to assure that every one would have such care. Without exception, these plans have been reviled by the leadership of the medical profession as being "socialistic" or "communistic." I say to the medical profession, if you don't like these other programs, then it is your turn to propose one--one that will do the job. And the time to do it is now.

TREATMENT OF COLORED DELEGATES TO NATIONAL CONVENTIONS AND CONFERENCES IN WASHINGTON, D: C.

Mr. MORSE. Mr. President, I ask unanimous consent to have printed in the body of the RECORD, as part of my

. remarks. a communication which I have received from Mr. Monroe Sweetland, Democratic national committeeman from . the State of Oregon, in which he asks me to raise with the Hotel Association of the city of Washington, D. C., his protest in regard to the fact that Negro 'delegates to nationai conventions and conf erenc_es held in Washington, D. C., are denied hotel service. Mr. Sweetland's communication speaks for itself. I am very happy to join with the Democratic · national committeeman of my State in his protest in regard to the h~ndling of colored delegates to national conventions and conferences held in the District of Columbia. In fact I am glad to use his letter as another apportunity to protest the unfair discrimination which Negroes are subjected to in the Nation's Capii;al.

.8946 CONGRESSIONAL. REqO~D-_ .SENATE JULY. 6 · There being no objection, the communication was ordered to be printed in the RECORD, as follows:

DEMOCRATIC NATIONAL COMMITTEE FOR OREGON.

WAYNE L. MORSE, Senate Office Building, ..

Washington, D: C. DEAR SENATOR MORSE: The years are going

by, and although hotel policy has· changed greatly in most other major cities of the Nation, the hotels in the Nation's Capital still cling to the ancient policy of prejudice and discrimination against Negro visitors. I know that you have done ~uch to try to improve the relationship between th~ races, but I wondered if you would forward my p:rotest against this situation to the officials of the Washington Hotel Association.

Would you please point out to those who set the policy of hotels in the Capital that

. their policy is a source of great i~conve.niei;i.ce and difficulty to. manY. of us 01:1t t}!rqu_gh t?e country when -we , cpip_e rto -W:ashillg~qn. · a~d we naturally resent it. I not only resent this policy as un-American and u.nwholesome, and for all the reasons based on decent rela·tionships among Americans in general ,- but .because it .handicaps our . work so badly whiie we are there. ·

This policy ~akes extremely diffic~lt tpe normal association with Government officials and personal friends wllo happ~n to-·be Negroes. If I wish- fo save .time by_ dOiJ?.g business over the lunch· table, as I always fry to do, we always ·have to consi~er whether there is a Negro or two in the conferenceif so we have to make special arrangements . . If there are Negro members of our del.egations on labor or religious or political problems, as there frequently are, •it, r·equires a whole set of special · arra;ngements to stay hear each ·other; to meet cir -eat together, -or c'arry on our regular activities while there. : In most cities outside the Deep South; as you know', hotels are· now ready to serve all tlelegates to conventions and all with· whom business is to be transacted, without. racial. discrimination. It is outrageous that this poli_cy is still tolerated by the proprie~ors in the Nation's Capital. · · Yours sincerely, with appreciation for your service in this matter. . . ·' MONROE SWEETLAND.

Mr. MORSE. Mr. President, I ask unanimous consent, also, to have printed 1n the body of the RECORD accompanying the communication from Mr. ·Sweetland, my letter to Mr. Frank E. Weakly, president of the Hotel Association of Washington, D. ~., in which I point out to Mr. Weakly the protest of the Democratic national committeeman from my ·state. 1 also point out in the letter that for the past several years I have att.ended' sev- · era! conferences at the Willard Hotel, in Washington, D. C., at which conferences there were in' attendance colored dele·gates. As I pointed out in my letter, I think the Willard Hotel is entitled to high commendation for the way in which it has handled this very difficult problem s.o far as hotel policies in the District of Columbia are concerned. As a Republi·can, I am always glad when I can join with a Democratic official in-support of ·any policy as basically sound and American as is the policy which Mr. Sweetland has recommended in his communication to me.

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

J.ULY 6, _1949, ~k F'RA~~ E. WE~~· , _ , ·

President, Hotel Association of Washington, D. C., Washington, D. C.

DEAR MR. . WEAKL y : - Enclosed is ' a letter which I have received from Mr; Monroe Sweetland, the Democratic national committeeman from Oregon. I, introduced a c.opy of the letter into the CONGRESSIONAL RECORD today with appropriate remarki;.

Although I fully appreciat~ the problen:s which Mr. Sweetland's letter raises for the r..otels in Washington, nevertheless, I think the premises which he sets forth in his letter are sound and unanswerable. During . the past couple of years I have attende<,l. .several conference dinners . at. ·the Willard Hotel where there also were' in attendance ·official delegates to the con-fere_nd~s· who were-. colored. I think the Willard Hotel is entitled ~o · high praise and commendation fdr tr..~ way it has handled such ,dinners. I sincerely hope that other hotels in the ·District will see fit to follow the suggestions set forth in Mr. Sweetland!s .. letter . ..

Sincerel.Y yours, WAYNE MORSE,

Unit.ed States Senator.

EXECUTIVE AGREEMENTS CONCERNING .... INTERNATIONAL 9IVIL AVIATION

· Mr. JOHNSON ·of Colorado. Mr. Pres.ident, I ask unanimous consent that a letter which I have received from th-e Civil Aeronautics Board· offering comments on ·senate bill 12, with reference to preventing the use of executive agree- . inents - concerning internatiqnal · civil aviation, ·be printed .. in- the body ·of·.-the 'RECORD f ollowin·g niy relharK:s . . ' - ·

There being ·no· objection, the .ietter was ordered to -be printed in the RECORD, as· follows: · ·'

crvn.· AERONAUTICS BOARD, . Washington, ·May 24, 1949.

Hon. EDWIN C. JOHNSON, Chairman,. Committee on Interstate

and Foreign Commerce, United States Senate, Washington, D. C.

NIY DEAR SENATOR: The Civil Aeronautics Board · considers "this legislation · (S. 12), which is designed to prevent the use of executive agreements concerning international civil aviation-to be quite unwise. Our opposition to the bill is based primarily upon the practical consideration that in effecting exchanges of operating rights the time element is often of extreme importance. To prohibit consummation of all international aviation agreements until ratified as treaties would seriously impede international aviation, -and would place the United States in a disadvantageous position in international bargaining for reciprocal rights. This is particularly true in instances requiring prompt action in which designated representatives of foreign governments may be empowered to take final action without such restrictions. · For the foregoing reason the Civil Aeronautics Board is opposed to enactment of the proposed legislation, but if enacted, the Board regards as necessary the inclusion _ of addi:tio!!al provisions specifically authorizing_ executive agreements of a temporary nature ·pending Senate approval · of appropriate treaties. .

Sincerely yours. JosEPH J~ O'CONNELL, Jr.,

· Chairman.

--RADIO COVERAGE

Mr. JOHNSON of. Colorado. - Mr. President, I ask unanimous consent that a letter written (1y me to Mr. Rosel Hyde, Acting Chairman, Feder.al Con?-mu_nica-

tions Commission, be printed in the body of the RECORD fallowing my remarks.

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

UNITED STATES , SENATE COMMITTEE ON INTERSTATE

AND FOREIGN COMMERCE, July 1, 1949.

Hon. ROSEL HYDE Acting Chairman, Federal

Commun£cations CommissiOn, Washington, D. c. ·

MY DEAR' CHAIRMAN HYDE: On .June 17, during the hearings on :S_. 1973 .• ¥r. Ward Quaal, representing the Clear Channel Broadcasting Service_, testified with respect to the ,.lack of adequate coyerage, in. his own town, Ishpemfng, Mich. The . purport of his testimony was that this section· is one or those so-called white· areas :\bout · which we have heard so much from the superpower lobby. You will recall· this witness stated that · the only possi-bility · for good radio -service•· in · the Ishpeming area,, w.ouJd come ·

· from clear-channel superpower stations . . , I have nev~r.· yet Qeen able . t9 learn the

exact geographical location of such "white areas" and his statements· aroused my curiosity, particularly when he asserted that daytime service in that ~rea was Slfch tha:t he could not pick -up t~e _proadcasts of the. qhicago Cubs' baseball · games. I immediat~ly ·made inquiry ·and· I find that Ishpeming receives "excellent" primary service· over a 40-mile area daytime aiid a ' g6od" servic~ 9;yer a 30-mile area nighttime ' as ' well as a. s~condary service over a 90-mile area daytime ·and · 50'-iriile . area nighttime- from -its 6WI1 ·1ocal station; WJPD. But-and this ts important-'-the area also recelves service from -14 other radio stations, · including network affiliates . of the 4 principal . networks. Sig_nitican,.tly,, of . these 14 · stations, 1, WDNJ, furnishes "excellent" primary service both day and night; · 4 -stations, WJMS, WGN, WMAQ; WBBM, furnish · "good" secondary service both day and .night; 6 stations, WJR, WCCO, KDKA, •;JLW, WBZ, WTAQ, furnish "goo.ct" . secondary s~ryice nigh~time; and 3

.stations, WMIQ, WIKB, . WHDF, furnish "faii" secondary service daytime: . '

-. , I still do not · kilow just what the Commission or the superpower · 1obby considers a "white area" to be but it seems obvious that in view of the ·grade and variety of radio service which the Ishpeming area receives that it is ;tiardly likely to be clas.sified as a "white area." It would appear to me that Mr. Quaal,)n )lis capacity as a paid lo_bqyist for the Clear Channel Broadcasting Service, sought to create the impression that because he could not hear certain baseball broadcasts, which happen to be the exclusive broadcast · of one nonnetwork Chica;go station, that the Ishpeming area was being denied adequate radio coverage and that it

· ~ould only secure such coverage from a clearchannel station operating with superpower. ·The facts indicate that this is ·a gross distortion and a bald misstatement. Also, the facts indicate that the. Ishpeming area receives a fine variety of coverage not only from

-two existing clear-char?-nel st.ations op~rating with 50 kilowatts, but also from a substantial number of additional stations operating with power ·considerably less than 50 kilo-

·watts. · · · Service to white areas is. the o~ly argu·ment which has been presented to Congress to justify superpower. I have been unable to locate any white .areas anywhere, and that is why I followed Quaal's testimony on this point. · Furthermore, if white-areas do exist the way to cure them is through the operation of additional regional stations and not by a system of radio broadcasting which does

1949 . CONGRESSIONAL RECORD-· HOUS-E 8947: violence and harm to the 'welfare of the country by implementing a monopoly. '.

I am writing you because I want the Commission to have the facts and not .be misled or bamboozled by the highly colored . assertions of the clear-channel lobby which, in my opinion, have neyer yet ·l:)een ·subjected to a cold, critical, objective scrutiny. The Commission, ')n tlie perfonn."ance of its duty under the act, owes the public interest that kind of analyses. -

Very sincerely yours, . EDWIN C. JOHNSON,

Chairman.

· Mr. McGRATH. Mr. President, with the understanding that we are in execu-tive session-- ·

Mr. Wf!ERRY. - We are in. legislative session.

EXECUTIVE SESSION

Mr. LUCAS. · .Mr. ,Presi~e~t. th~ call . of the calendar having been concluded,

' I understand the SeQate automatically returns to executive. session.

The PRESIDING OFFICER. Does the Sena.tor desire to make .a· motion to that effect? ..

Mr: LUCAS: I move that the Senate . tesume the consideration' of executive bu5iness. · · .. ' ·

The motion was _ agreed' .to, and , the Senate resumed the consideration of executive ·business. NOMINATION OF JAMES J:I. FLANAGAN TO

'. BE PUB:i:,.IC UTILIT-IES-.COMMISSIONER, . DISTRICT OF COLUMBIA

Mr. McGRATH: Mr. President, there is' on" the desk the nomination of Jam:es H. Flanagan to be a member of the Public· Utilities· Commission of · the District of Columbia, which I reported earlier tod'ay from the Committee on the District of Columbia. Mr. Flanagan has served in this office for two or three terms. I think this is-his third or·fourth appointment. His nomination is unanimously reported by the Committee on the District of Columbia. It so happens that his appointment expired as of a fixed date, and he does not hold over until his successor is appointed. Therefore his appointment expired on the 30th of June, and he has been serv~ng without pay. .

Mr. Flanagan is a splendid public servant of the District of Columbia, in the $10,000' class, so that each day's delay is costing him and his family some $30 or more. I ani ·sure there will be no objection to his confirmati_on, and for that reason I ask unanimous consent; out of order, that the nomination may be considered, and I ask the Senate to approve the nomination.

The PRESIDING OFFIC~R. Is there objection?

Mr. WHERRY. Mr. President, I point out to my distinguished colleag~e . from Rhode Island that only last night I objected to the c·onfirmation of Mr. Jess Larson, of Oklahoma, to be Administrator of General Services, not because I had any opposition to Mr. Larson, in fact, I helped two or three times to have his nomination brought up; but the routine procedure, as the Senator ·well knows, is to have nominations go on the calendar for a day so that each Senator may have a chance to see what nominations are on

XCV--56!1

the · calenaa·r, in order that they may lodge their objections, if they have any.

Many Senators have now left the Chamber. There is no objection whatever to Mr. Flanagan's nomination on my part. I take it the committee has reported the nomination unanimously, because the Senator has so stated, and 'if he is not confirmed, be wm lose another day's pay, and it would be unfortunate that that should happen. I shall not object if the Senator insists that the confirmation be had this evening, because I realize he iS making the request in good faith, and the chances are 99 to 1 that there would be rio objection tomorrow if the nomiriation ·went over. I point out, however, that such action disrupts the regular proceµure, and forecloses the right of a Senator '~'ho might desire to object.

I Wish to oblige the Senator from Rhode Island, and if he feels that confirmation should be had today, I shall not object, but as we go into the latter part of the session, I am inclined to insist that such matters be handled in the regular order, so as to give Senators on both .sides of the aisle opportunity to see who is nominated and who is confirmed.

Mr. McGRATH. Mr. President, I fully agree with what the Senator has said, but I would deem it a favor if he would let this nomination go through. I assure him I would not make the request except that I feel that Mr.. Flanagan is a · man who has been a wonderfully.faithful public servant, his nomination was delayed in the committee, and in a way I feel a_ per&onal responsibility, because of the fact that action was not taken before the 30th of June, making it necessary for him to serve without pay. If the distinguished minority leader will allow this nominati01i 'to go . through, I assure him I shall not make a request of this kind in the future, unless there shall be a very substantial reason.

Mr. WHERRY. I appreciate very much the attitude of the Senator, and, as I said, I shall not object; but I am reluctant, and I · am sure the majority leader will agree with me, because I think that we should follow the regular procedure ·at all times. I hope similar requests will not be made, as one was made last night. This is a District of Columbia appointment, and I . think in a little different category from Mr. Larson's, and, .so far. as I am concerned, the appointment may be confirmed.

Mr. LUCAS. The Senator from Illinois agrees with what the Senator from Nebr_aska has said as to the proper procedure to be fallowed. I will thank the Senator if he will not make objection in this case. If any Senator has objection tomorrow, there can be a motion to reconsider.

The PRESIDING OFFICER. Is there objection to the consideration of the nomination? The Chair hears none, and without objection, the nomination is confirmed, and the President will be imme-diately notified. •

- RECESS Mr. LUCAS. Mr. President, I move

that the Senate stand in recess until 12 o'clock noon tomorrow.

The motion was agreed to; and (at 7 o'clock and 5 mi_riutes p. m.~ . t_ll_e Senate,

in executive session, took a recess until tomorrow, Thursday, July 7, 1949, at 12 o'clock meridian.

CONFIRMATIONS

Executive nominations , confirmed by the Senate July 6 (legislative day of June 2)~ 1949: .

ADMl;rflSTRA'fOR OF GENERAL SERVICES

Jess Larson to be Administrator of Gen-eral Services.

PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF. COLUMBIA

.James H. Flanagan to be a member of the Public Utilities Commission of the District o! Columbia for a term of 3 years from July 1, 19'49. - ..

HOUSE OF REPRESENTATIVES ~EDNESDAY, JULY 6, 1949

· The House met at 12 o'clock noon. · · The Acting Chaplain, Rev. Jacob S.

Payton, o:t;rei:ed 'the f qllo~ing prayer:·

'God · of ·our fathers, who does regard righteousness as the chief glory of a nation, we . praise Thee for indicating this desired- goal to ·many 'generations. ~egin11ing here may the conviction spread across the land that national greatness cannot be maintai:ped without individual godliness. May heed be given to the solemn fact that-. freedom is perishable. Invest, therefore, all persons iµ positions of governmental responsibility with adequate · vigilance and fidelity. . Met here J.n this temporary place where

Members are obliged to accommodate themselves to changed surroundings, forbid that anyone should stoop to accommodate his convictions to any false or unworthy thing. This day may such honor and devotion mark the deliberations of these legislators as to make their services acceptable in Thy sight, O Lord, c;mr strengt~ · and our re~eemer. Amen. · The Journal of the proceedings of yesterday was read and approved. AMENDING CERTAIN PROVISIONS OF THE

INTERNAL REVENUE CODE

Mr. LYNCH. Mr. Speaker, I ask unanimous consent to file a supplemental report from the Committee on Ways and Means on the bill <H. R. 5268) to amend certain provisions of th_e· Internal Revenue Code.

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

There was no objection. EXTENSION OF REMARKS

Mr. CHRISTOPHER asked and was given permission to extend his remarks in the Appendix of the RECORD and include an editorial from the Star-Journal of Warrensburg, Mo., and a letter in reply to the editorial.

Mr: LANE asked and was given permission to extend his remarks in the Appendix of the RECORD in two separate 'instances and in each to include extraneous matter.

Mr. BOGGS of Delaware asked and was given permission to extend his remarks in the Appendix of the RECORD~-·

8948 CONGRESSIONAL RECORD-HOUSE . JULY 6 Mr. MILLER of Nebraska asked and

was given permission to extend his remarks in the Appendix · of the RECORD and include an address by Mr. G. W. Lineweaver. SUBCOMMITTEE ON SCIENCE,_ HEALTH,

AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

Mr. WILSON of Oklahoma. Mr. Speaker, I ask unanimous consent that the Science, Health, and Commerce Subcommittee of the Committee on Interstate and Foreign Commerce be permitted to sit during general debate during the session of the House this afternoon.

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

There was no objection. SPECIAL SESSION OF CONGRESS NEEDED

TO BALANCE BUDGET

Mr. MILLER of Nebraska. Mr. Speaker, I ask unanimous consent to address the House ·for 1 minute and to revise and extend my remarks.

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

There was no objection. Mr. MILLER of Nebraska. Mr.

Speaker, I am introducing a concurrent resolution, which calls for Congress to meet in special session on November l, 1949, to take action on the recommendations of the Hoover Commission for the Reorganization of the Executive Branch of the Government, to take such other action as may be necessary or appropriate to eliminate unnecessary · government activities, and to bring the expenditures of the Federal Government into balance with its income. ·

Mr. Speaker, it becomes more and more apparent that the national income is falling. It is an accepted fact that unemployment is rising. At the same time the expenditures of government are going up. The budget as of J~y l, shows we are in the red $1,800,000,000; It may well be five or six billion in another year. It just does not make sense for the Government of the United States to continue spending at the rate we · are now spending~ when the national income is falling.

Every family, when its income falls, stops doing those things which they cannot afford. There are many things we would like for our families, and there are undoubtedly things we might like to have the Government continue to do, but, when we can no longer afford these activities, they should be eliminated. ~uch a special session . of Congr~ss

would naturally deal with all the phases of the Hoover Commission report and recommendations. It is my considered judgment that the present budget be re.:. duced five or six billion dollars without hurting a single vital function of government.

We should also consider the spending for the military and foreign-aid programs. If a firm peace is to be written, then certainly there is· no need of spending approximately $21,000,000,000 for military purposes and foreign aid.

If this resolution is adopted, it will be the first time the Congress has met with one purpose· in mind-that of eliminating unnecessary Government activities. The people of the country are economy minded. It is the plain duty of Congress to respect this demand and take vigorous action.

Mr. RICH. Mr. Speaker, will the gentleman yield?

Mr. M:LLER of Nebraska. I yield. Mr. RICH. Instead of having an extra

session of Congress we had better go home; then we do not spend any money. I think the quicker Congress gets out of here the better it will be for the couritry.

Mr. MILLER of Nebraska. I would like to have them here for one purpose and that is to cut out the useless activities of the Government.

Mr. RICH. I agree with the gentleman, but let us do that now, in the next week.

VACATION OF SPECIAL ORDER

Mr. JAVITS. Mr. Speaker, I ask unanimous consent that the special order which I have for today be vacated.

The SPEAKER. Is there objection to the request of the gentleman from New York? ·


Mr. MORTON asked and was given permission to extend his remarks in the Appendix of the RECORD and include an editorial from" the Louisville Times.

Mr. MANSFIELD asked and was given permission to extend his remarks in the Appendix of the -RECORD and include an editorial.

Mr. HARVEY asked and was given permission to extend his remarks in the Appendix of the RECORD and include an editorial:

Mr. HAGEN asked and was given permission to extend his remarks in the RECORD and include brief statements by Arland Brusven and Donna Pearson.

Mr. JAVITS asked and was given permission to extend his remarks in the Appendix of · the RECORD in three instances and include exfraneous matter.

THE 'BRANNAN PLAN

Mr. KEATiNG. Mr. Speaker, I ask unanimous consent to address the House· for 1 minute and to revise and extend my' remarks. -

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

There was no objection. Mr. KEATING. Mr. Speaker, the

board of directors of the American Farm Bureau Federation has adopted a resolution presenting the six principal reasons why it vigorously opposes the plan of the Secretary of Agriculture to give the farmers a hand-out and require deductions' from pay envelopes to m·eet part of everybody's grocery bill. ·

The reasons for the federation's opposition are said to be:

First, the only hope for fair income for farmers under the program would depend on Government hand-outs.

Second, the cost of the. program would be staggering.

Third, the price goals are fixed so high that it would result in a certainty of continuous and rigid controls of both production and marketing.

Fourth, the result of the plan would actually be low farm prices and-high food costs. - '

Fifth, the fair exchange concept of parity is discarded and a new and untried concept substituted for it.

Sixth, the entire farm program is thrown into the partisan political arena where it certainly does not belong.

The House Committee on Agriculture has favorably reported a bill calling for a trial run of this scheme relating to not more than _three farm products to be selected by. the Secretary of Agriculture. The corresponding committee of the other body, I understand, has under consideration ·a bill to give this program a try on hogs. In an illustration which the Secretary gave when his proposal was first made to Congress, a figure of $19 a hundred was used as the standard price for hogs. In a prepared ·statement to the committee on April 25, whe.n discussing the estimated cost of his new idea, the Secretary used $16.50 as the support . price for hogs. A drop of $2.50 a hundred in the price of hogs during a 3-week · period makes a difference of a little over half a billion dollars. To put it -another way, if this plan were in effect, the hog farmers alone in 3 weeks would be entitled to get twice as much as an entire year's cost of a slum clearance and hous- . Ing ·program for the entire Nation. I repeat these are just those who raise a single product.

The only alternative, of course, to national bankruptcy is to · create absolute . marketing quotas on hogs, cattle, paultry, grains, patatoes, and every other vegetable and fruit.

Under the plan every acre of the farmer's land, every head of his livestock, and, every movement of the farmer and each member of his family must be regimented according to the dictates of one of the thousands of land-subczars propased to be created to reward the faithful follow-. ers of the party line.

For this mess of pottage, the farmers in my area do not want to sell their birth-. right. '1 need hardly add that a corresponding lack of enthusiasm greets the prospect from the workers in factory and office who must foot the bill.

BALANCING THF,: FEDERAL BUDGET

Mr. CURTIS. Mr. Speaker, I ask unanimous consent to address the House for 1 minute and to revise and extend my remarks.

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

There was no objection. Mr. CURTIS. Mr. Speaker, our $5,-

000,000,000 foreign-aid program should be cut in half, and the conference report on the $19,000,000,000 housing bill should be voted down, as the first steps toward balancing the budget and stemming the tide of the Truman depression. .

The House of Representatives could consistently reject in conference the foreign-aid appropriations made earlier this year because the picture has drastically changed. Business · is on the

1949 CONGRESSIONAL RECORD-HOUSE 8949 downgrade, unemployment has reached 24 percent in some parts of the United States, farm income is down. All this has brought about a greatly reduced national income, which means a falling-off of Federal revenues and an increase in the n~-tional debt. ·

A solvent America, in a healthy economic condition, with the foreign-aid budget reduced by 50 percent, is a greater bulwark against communism than is a nation with an unbalanced budget, unemployment and depression, with probable insolvency and chaos. Reasonable economies in our domestic program cannot be effected so long as this Congress sends billions of dollars abroad.

The greatest blow that this Congress can strike for solvency and jobs is to reduce President Truman's request for these billions and deny authorization for his program of socialism.

An increase in taxes or failure to reduce our wartime excise taxes would be but a further bid for a depression.

EXTENSION OF REMARKS

Mr. McCORMACK asked and was given permission to extend his remarks in the Appendix of the RECORD. RELIEF OF FLOOD SUFFERERS IN WEST

VIRGINIA

Mr. BAILEY. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

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

There was no objection. Mr. BAILEY. Mr. Speaker, I have

asked for this time to explain to the Members of the House that my colleague from West Virginia [Mr. STAGGERS] has offered a resolution to provide funds for the relief of the flood sufferers in four or five counties of his district in eastern West Virginia. A small amount is asked, only sufficient for the relief needed in that :flooded area. I have just spent 2 or 3 days in that particular section and I may say that $25,000,000 would not replace the damage that has been done there.

I sincerely hope consideration will be given by the Members of the House to the request of the gentleman from West Virginia. '

THE CONDITION OF THE FEDERAL TREASURY

Mr. RICH. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

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

There was no objection. Mr. RICH. Mr. Speaker, I call your

attention to the Federal Treasury statement as of June 30. The Eightieth Congress on that date had a credit balance of $2,314,782,773.40. Now the "Eightyworst" Congress has a debit balance of $3,494,773,365.27.

So, you · see that this Eighty-worst Congress is almost $6,000,000,000 out of line as compare<l with the Eightieth Congress, and the only way you are ever going to get this thing straightened out now is to get a President who means

business wl_en he says we are going to. economiz~ in the operation of Government. Then he has got to have a Congress that is going to back him up, and unless you do ·~hat, this country is going · tc ruin. Somebody sent me this morning a rubber dollar. That is what you -are trying to do, but it will not stretch. We must cut our expenses by billions or ruin is coming to America. You can fool some of the time but you cannot fool the Nation long. Anyone who thinks you can keep up this deficit financing is just plumb crazy. It cannot be done and Congress and the President should recognize that fact .at once.

CONSENT CALENDAR

The SPEAKER. This is· Consent Calendar day. The Clerk will call the first bill on the Consent Calendar. PROVIDING FOR RESIDENT COMMISSION

ER FROM VIRGIN. ISLANDS

The Clerk called the bill <H. R. 2988) to provide for a Resident Commissioner from the Virgin Islands, and for other purposes.

Mr. DEANE. Mr. Speaker, I understand a· rule is being granted on this bill, therefore I ask unanimous consent that it be passed ove: without prejudice.

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

There was no objection. CONSOLIDATING PARKER DAM AND

DA VIS DAM PROJECTS

The Clerk called the bill <H. R. 2984) to consolidate the Parker Dam power project and the Davis Dam project.

There being no objection, the Clerk read the bill, as follows:

Be it enacted, etc., That for the purposes of effecting economies and increased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Par~erDavis project, Arizona-California-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this act shall be construed to alter or affect in any way . the Boulder Canyon Project Act (45 Stat. 1057), the Boulder Canyon Project Adjustment Act (54 Stat. 774), or the treaty between the United States of America and the United Mexican States, signed at Washington on February 3, 1944, relating to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Tex., to the Gulf of Mexico: Provided further, That nothing in this Act shall be construed -to alter or affect in any way any right or obligation of the United States or any other party under contracts heretofore entered into by the United States. .

SEC. 2. Funds heretofore appropriated for the Parker Dam power project, Arizona-California, and the Davis Dam project, ArizonaNevada, shall be consolidated and shall be and remain available for the purposes !or which they were appropriated.

With the following committee amendment:

Page 2, line l, after the,word "way'', insert "the Boulder Canyon Project Act ( 45 Stat. 1057), the Boulder Canyon Project Adjustment Act (54 Stat. 776) or."

The committee amendment was agreed to.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. FEDERAL INTERAGENCY COMMITTEE ON

RECREATION

The Clerk called the bill <H. R. 892) to a'utborize the establishment of a Federal Interagency Committee on Recreation.

Mr. BYRNES of . Wisconsin. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

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

There was no objection. BENEFITS OF ANNUITANTS WHO RETIRED

PRIOR TO APRIL 1, 1948

The Clerk called the bill <H. R. 4295) to provide certain benefits for annuitants who retired under the Civil Service Retirement Act of May 29, 1930, prior to April 1, 1948.

Mr. DEANE. Mr. Speaker, I understand a rule on this particular bill is being considered, and I therefore ask unanimous consent that it be passed over without prejudice.


There was no objection. OVERTIME TO EMPLOYEES OF BUREAU

OF ANIMAL INDUSTRY

The Clerk called the bill <H. R. 459) to authorize the payment of employees of the Bureau of Animal Industry for overtime duty performed at establishments which prepare virus, serum, toxin, or analogous products for use in the treatment of domestic animals.


Be it enacted, etc., That the Secretary of Agriculture is authorized to pay employees of the Bureau of Animal Industry employed in establishments subject to the provisions of section 157 of title 21, United States Code, for all overtime work performed at such establishments, at such rates as he may determine, and to accept from such establishments wherein such overtime work is performed reimbursement for any sums paid out by him for suqh overtime work.

With the following committee ' amend-ment: · ·

· Page 1, line 6, strike out "overtime" and insert "overtime, night, or holiday.'' .


The bill was ordered to be engrossed and read a tllird time, was read the third · time, and passed, and a motion to reconsider was laid on the table. READJUSTMENT OF MEDICAL_ SERVICE

CORPS PROMOTION LIST

The Clerk called the bill <H. R. 4449 > to provide for certain adjustments on the promotion list of the Medical Service Corps of the Regular Army.

Mr. CUNNINGHAM. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

8950 CON_gRESSIONA,L RECOR}),,-. HOUSE JULY. 6 . The SPEAKER. Is there objection to

the request of the gentleman from Iowa? There was no objection.

EXTEND BENEFITS OF CIVIL SERVICE RETIREMENT ACT

The Clerk called the bill <H. R. 3445) ti repeal the provisions of the ·Alaska Railroad Retirement Act ·of June 29, 1936, as amended, and sections 91 to 107 of the Canal Zone Code and to extend the benefits of the Civil Service Retirement Act of May 29, 1930, as amended, to officers and employees to whom such provisions are applicable.

Mr. FORD. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

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

There was no objection. MEDAL FOR VICE PRESIDENT ALBEN W.

BARKLEY

The Clerk called the joint resolution <H. J. Res. 188) .to provide for the coinage of a medal in recognition of the . distinguished services of Vice President ALBEN W. BARKLEY.

There being no objection, the Clerk , read the joint resolution, as follows:

Resolved, etc., That, in recognition of the · distir guished public service and outstanding contribution to the general welfare of ALBEN W. BJRKLEY, Vice President of the United States, the Secretary of the Treasury is authorized and directed to ca use to be struck and presented to Vice President ·ALBEN W. BARKLEY a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary·. There is authorized to be appropriated the sum of $2,500 to carry · out the purposes of this section.

SEC. 2. The Secretary of the Treasur.y is authorized and directed to cause duplicates in bronze of such medal to be struck and sold, under such :egulations as he .may prescribe, at a price sufilcient to cover ~he cost there0f (including labor). ·Thr. proceeds of the sale of such bronze medals shall be covered into the Treasury as miscellaneous recei.;>ts. ·


Page 2; line 5, after the perioa, strike out dowr.. to and including the word "receipts" ' on line 7, and insert "The proceeds· of the sale of such bronze medals shall be r.eim- . bursed to the appropriatioi;:i. then current for the expenditure of the Bureau of the Mint chargeable for the cost of the manufacture of medals."


The joint resolution was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. SISSETON-WAHPETON SIOUX TRIBE OF

. INDIANS

The Clerk called the bill (H. R. 3765) to promote the rehabilitation of the Sisseton-Wahpeton Sioux Tribe of Indians and better utilization of the resources of the Sisseton Reservation, and for other purposes.

Mr. CUNNINGHAM. Mr. Speaker, I ask unanimous consent "fliat the bill . be . passed over without prejudice.

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

There was no objection. SUPREME COURT OF THE UNITED STATES

The Clerk called the ·bill <H. R. 4948) relating to the policing of the buildings and grounds of the Supreme Court of the United States. .

Mr. MARCANTONIO. Mr. Speaker, I ask unanimous consent that · the bill be passed over without prejudice.

The SPEAKER. Is there objection to the request of the gentleman from New York? . There was no objection.

PETERSBURG NATIONAL MILITARY PARK, VA.

The Clerk called the bill <H. R. 4208) to add certain surplus land to Petersburg National Military Park, Va., to define the boundaries thereof. and for other purposes.


Be it enacted, etc., That the Department of the Army is hereby authorized and directed to transfer to the Department of the Interior, without reimbursement, two tracts of land, comprising 206 acres, more or less, situated on either side of Siege Road adjacent to Petersburg National Military Park, Va. Upon completion of such transfer, all lands, interest in lands, and other property in Fed- · eral ownership and under the administration · of the National Park Service as a part of or in conjunction with Petersburg National Military Park, in and about the city of -Petersburg, Va., and comprising 1,531 . acres, more or less, upon publication of the. description thereof in the Federal Register by the Secre- . tary of the Interior, shall constitute the Petersburg National Mllitary Park.


At the end of the bill add the following: "SEC. 2. The Secretary of the Interior is

further authorized to adjust the ·boundary of the Petersburg National Military Park through purchase, exchange, or transfer: Provided, That in doing so the total area of the park wm not be increased· and that such changes will become effective upon publication of the description thereof in the Federal Register by the Secretary of the Interior."


The bill was ordered to be engrossed and re.ad a third time, was read the third time, ·and passed, and a · motion to reconsider was laid on the table ..

LEASES OF IDAHO PUBLIC .LANDS

The Clerk called the bill <H. R 4943) . · to amend the act providing for the admission of the State of Idaho into the Union by increasing the period for which leases may be made of public lands granted to the State by such act for educational purposes.


Be it enacted, etc., That the second sentence of section 5 of the act entitled "An act to provide for the admission of the State of Idaho into the Union," approved July 3, 1890 (26 Stat. 215), as amended . by the act . of February 6, 1942 (56 Stai. 48, ch. 86), .is . amended by inserting after. the words "10 years," the words· "and in 'the case of an oil, gas, or other hydrocarbon lease, for as long thereafter as. such product is produced." ·

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

PANAMA RAILROAD COMPANY

The Clerk called the bill (S. 1168) to amend section 2680 of title 28, United States Code.

There being no objection, the Clerk read _the bill, as follows:

Be it enacted, etc., That section 2680 of . title 28, United States Code, is amended by adding at the end thereof the following new subparagraph:

"(m) Any claim arising from the activities of the Panama Railroad Company."

The bill was ordered to be read a third .time, was read the third time, and passed, and a motion to reconsider was laid on the table . .

MUSEUM AT ·.KL~AN, ALASKA

The Clerk called the bill .<H. .R. 2012) to authorize the erection and operation ·. of a muse.um at Klukwan, Alaska.

Mr. BYRNES of ·Wisconsin. Mt. Speaker, I ask unanimous consent that the bill be passed over without prejudice~

The SPEAKER. Is there objection to th.e request of the gentleman from Wisconsin?

Thel'.e was n<? objection. PALM BEACH COUNTY, FLA.

The Clerk called the bill (H. R. 2517> directing the Secretary of the Interior to convey certain land to J;>alm Beach County, Fla.

There being no objection, the Clerk read the bill, 1'.LS follows:

Be it enacted, etc., That notwithstanding the provisions of the act entitled. "An act to authorize the sale and disposition of the · abandoned tract or tracts of lands formerly used as a lifesaving station in Florida, and : . for other purposes", - approved .July S, 1926, and section 4 of the act entitled "An act to . : allow credit in connection with certain home"'stead entries for military or naval service rendered during World War Il", approved September 27, 1944, the Secretary of the Interior is hereby authorized and directed to convey to the county of Palm Beach, Fla., without consideration and on behalf of the United States, lots 4 and 5, section 5, township 41 south, range 43 east, Florida.

With the following committee amendment:"

Strike out all after the enacting ·clause and insert the following: "That the Secretary of the Interior is directed to sell and convey to the county of Palm Beach, Fla., certain . lands described as follows:

"All of lots 4 and .5, section 5, township 41 south, range 43 east, Tallahassee meridian, Flotida, as shown by plat approved April 18, 1855, except blocks 1 and 23, as represented by plat accepted December 28, 1927.

"SEc. 2. The land shall be sold at a price to be fixed . by the Secretary of the Interior through appraisal, or otherwise.

"SEC. 3. The patent issued under this act shall contain a reservation to the United States of all mineral deposits in the lands and of the right to prospect for, mine, and remove the same under applicable laws and under regulations to be established by the · Secretary.

"SEC. ·4. The act of July S., 1926 (4' Stat. 903) is hereby repealed.". ·

The committee amendment was agreed to. ·

1949 CONGRESSIONAL RECORD-, HOUSE 8951 -

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to recon- · sider was laid on the table.

SCHOOL LANDS IN WYOMING

The Clerk called the bill <H. R. 2678) . to amend section 5 of the act approved July 10, 1890, as amended, relating to the admissiOn into the Union of the State of Wyoming, so as to permit the leasing of school lands within such State for mineral purposes for terms in excess of 10 years.


Be it enacted, etc., That section 5 of the act entitled "An act to provide for the admission of the State of Wyoming into the Union, and for other · purpeses", approved July 10, 1890, as amended ( 48 Stat. 350), is hereby further amended by striking out the .words · "mineral leases including leases for exploration for oil and gas ·and the extractii:>n thereof for a term not longer than 10 years."

The bill was, ordered tq_ be ~ engro~sed and read a third time, wa~ ~ead the th~rd time, and passed, and a µiotion .to recon-, sider was laid ·on the table. . . · ·

· FORT mAGARA STATE PARK

The Clerk called the bill <H. R_: 4073) to provide for ' the conveyance to. the State of New York of certain. historic property situated within ,~Fort· Ni~gara State Park, arid for o_ther purpqses. , . · There · being no objeqtfon·; the· Clerk read: the bill, as"follows: I •

Be. it ~nactecL, etc:, That. th._e Secretary of the Interior. is authorized to . convey to the State of New York, -without consideration; for public use as a part of the Fort Niagara State Park, under such ~erms and conditions as the Secretary may d~em advisable, that certain tract . or · parcel of· -land and appurtenances thereon comprising t:P,e ~ather M11let Cross National Mol)um,ent. _'.J'he. national monument, upon co.~yeya~ce of such proR_erty to .· the State . ·of New York, is .abolished. · ·

· The bill was ordered to be engrossed and read a third time, was read~the third time, and passed, and a motion to recon-:. sider was laid on the table. · PUBLIC-SCHOOL FACILiTIES IN Kr.AMA~

· COUNTY, OREG. ' .

. The . Clerk called the bilUH. R. 4510) to provide funds f <_>r cooperation wit)l the school boara of Kl~math Cou_nty, Oreg., for 'the construction, extension, and improvement of public-school f acilities in Klamath County, Oreg., to be available to all Iildiari arid- non:.Indian children without discrimination. ·


Be it enacted, etc., That there is authorized to be appropriated, out of any funds in the Treasury not otherwise. appropriated, $150,000 for expenditure under the direction of the Secretary of the . Interior for the purpose of cooperating with the school board of Klamath County, Oreg., in the construction, extension, and improvement of publicschool facilities in Klamath County, to be available to all Indian and non-Indian children without discrimination: Provided, That architectural plans and specifications therefor shall be furnished by the local oftlcial~ without cost to the Federal Go:vernment and subject to the approval of the Commissioner of Indian Affairs: And provided further, That payment· for work in place should be made

monthly by the Indian Service on properly certified vouchers. ·

SEC. 2. Any amount . expended hereunder shall be recouped by the United States within a period of 30 years commencing with the date of occupancy of the building through reducing the annual Federal payments for the education of Indian pupils. enrolled 1n public, elementary, or high schools of the county or by the acceptance of Indian pupils in said schools without cost .to the United States; and in computing the amount of recoupment interest at 3 percent per annum shall be included on unrecouped balances.

With the following committee amend-ments: _

Page 2 lines 5 and 6, strike out "Commissioner of ;J:ndian Affairs" and insert "Secretary of the Interior or his duly authorized.· representative." · .

Page 2, line 8, strike eut "Indian Service" and insert "Secretary of the Int_erior or his duly authorized representative."

. . . The · committee amendments were

agreed to. . · . The bill was ordered to be engrossed

and read a third time, was read the third time, anti1passed, and a motion to·reconsider w~s- }a~d on the table. . -- - .. · COLORADO-BI_G THOMPSON PROJEc:r

·The. Clerk called the bill <H. R. 5134) to proxnote · dev~lopment in. cooperation with tb.e State of Colorado. of the fisl), wildlife, . and recreationah aspects of the Colorado,-Big Thompson. Federal recla• mation project. '. - .

The -SPEAKER.· Is there obj'ection tq the present c::onsidera't~on o_f the ~~II?_

Mr . . CUNNINGHAM. Reservuig the right to object, Mr . . spe~ker, may ~- inquire .of. the author of ~his bill, the gen::-. tlenian from Colorado [Mr. HILL] if he will explain i_~? I n:o~e fr<;>m 't.he· ~nfo~-: matiori. that w~ h~v~ tpere i_s n.othmg ,to t'ell liow much money it -will co.st. There is no report .fr.om the Bureau of .tP,e. Budget and .whatever moneY: is expended by the Government will n.ot b~' reimbursable. Wilrthe gentleman tell us how much money it .wiil cost? . · ·

Mr. HILL. l\4r_.· ~p_eaker,_I h!J.Ve ,the report on this .bill. ';['he cost for the J>~ginning:of this prog:ram .l~ th~ y~ar ~95!> is estimated at $71,60Q. Nothing_is to }?~ done until the year 1950. I would s~y that that is a rather high estimate and . do .not beli~ve it wm · cost that much. In other . words, this is the. beginning of a program which will ·put these .large lakes up in the mountains to use" for those who wish to use them for recreational opportunities. . They are go_ing to be tised anyway and if we do not have some direction and control' of the lakes and the areas a1;ound those lakes, we are always going to be in ·difficulty. This is the beginning of a systematic program of control and direction. I might say to the gentleman that the State of Colorado's Fish and Game Commission and the Governor are united in a program to cooperate with the Department ot the Interior in working a program for these recreational areas to the best interests of those who wish to use them.

Mr. CUNNINGHAM. Mr. Speaker, I withdraw my reservation of objection.

Mr. BYRNES of Wisconsin. Mr. Speaker, further reserving the right to object, the gentleman from Colorado ~tated that the cost in the first year

would be $71,000. That is, in 1950. I am inclined to believe that all too often we look only at the first insta.llment. I wonder whether the gentleman could advise the House as to what the annual cost is· estimated to ·be after 1950.

Mr. HILL. Under a cooperative program that is being planned under this bill it would be impossible because it would be a question of· the State and the fish and game commission and the Department of the Interior uniting on the type of program that is going ,to ,be put into effect. My gue .... s is -it does . not need · to cost even that much. Let me say that nothing can be done under this bill by the Department of the Interior which does not meet with the approval of the State fish and game commission· as well as the Oov.ernor of the State of Colorado. That is in the legislation and it is . in the report.

Mr. BYRNES· of Wisconsin. Am I correct in the understaridi_ng that if this bill shollld- pass, there is no · restriction upon: the amount of fu~ds tha~ are_ al!-. thcirized; at least by the . Congres.s, to be· Used ·in this activity, and that the~ only limitation from . t)len· on would' be . the· limitation placed~ in the appropriations bill or by the Committee on · Appropria:.._' tions? Is ·that correct? . . , · Mr; HILL. That is correct, b\l~ every· cerit will have. to be -justified before .the toinniittee· ori Appropriations if they are to receive any funds. · · :· Mr. BYRNES of Wisconsin. ·· Mr: Speaker', I ask unanimous consent that:. this bill go over without prejudice: . ·. · The SPEAKER. Is there objection to the. request of the gentleman fr~m Wi~-consin? ·

There was no objection. · HisTORI9 ~IT~ ACT

·. The Clerk called the bi111 ·m. _R. 5170). to further the policy enunciated· in the Historic Sites· Act (49 Stat. 666) .and to facilitate public participation in the pres-· ervation of sites, buildings, and objects · of national significance or. interest and prov-iding a national trust for · historic preserv.ation: - . .. . · - · ., · · - ·· · :,~The· SP.EAKER-. · Is· there-objection t-o

. the present consideration of · the bill? . ) Mr. WHITE .of Idaho. Mr. _Speaker;

reserving , the right to object, · Will the author of the bill explain it to the House.

Mr. PETERSON. Mr. Speaker, this bill is to carry out the purposes of. the HistoFic Sites ·Act and to allow for public participation. There are a large number of historic sites where even the ,Federal Government cannot step in and take over and should not, as a matter of fact. Thi; provides a method ·by which' the public can endow .and will, in many instances, make gifts. It will cost the Fed-

. eral Government. nothing. · Mr. WHITE of Idaho. Mr. Speaker, I

withdraw my reservation of objection. The SPEAKER. Is there objection to

the present consideration of the bill? There being no objection, the· Clerk

·read the bill, as follows: Be it enacted, etc., That, in order to fur~

ther the policy ~nunciated in the act of August 21, J.935 (49 Stat. 666), entitled "An act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national signiftcance, and for

8952 CONGRESSIONAL RECORD~HOUSE JULY 6 other·purposes,"·and to facilitate ·public participation in the preservation of sites, buildings, and objects of national significance or interest, there is hereby created a charitable, educational, and nonprofit corporation, to be known as the National Trust for Historic Preservation in ·the United States, hereafter referred to as the "National Trust." The purposes of the National Trust shall be to reeeive donations of sites, buildings, . and objects significant in American history and culture, to preserve and administer them for public benefit, to accept, hold, and administer .gifts of money, securities, or other property of whatsoever character for . the purpQse of carrying out the preseryation program, and to execute such other functions as are vested in it by this act.

SEC. 2~ ·The National Trust shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be an inhabitant and resident thereof. The National Trust may establish offices in such other place or places as it may deem necessary or appropriate in the conduct of its business.

SEc. 3. The affairs of the National Trust shall be under the general direction of a board of trustees composed as follows·: The Attorney General of the United States; the Secretary of the Interior; and the Director of the National Gallery of Art, ex officio; and not less than six general trustees who sh.all be citizens of the United States, to be chosen as hereinafter provided. The Attorney General, and the Secretary of the Interior, when it appears desirable in the ,interest of the conduct of the business of the board and to such extent as they deem it advisable; may, by written notice to the National Trust, designate any officer of their respective departments to act for them in the discharge of their duties as a member of the board of trustees. The number of general trustees shall be fixed by the Executive Board of the National Council for Historic Sites ·and Buildings, a corporation of the District of Columbia, and the general trustees first taking office shall be chosen by a majority vote of the members of the Executive Board from the membership of the National Council. The respective terms of office of the first general trustees so ch-0sen shall be as prescribed by the said Executive Board but in no ·case shall exceed a period of 5 ·years from the date of. election. A succe·ssor . to. a general trustee shall be chosen in the same manner as the original trustees and shall have a term expiring 5 years from the date of the expiration of the term for which his predecessor was chosen, except that a successor ch-0sen to fill a vacancy occurring prior to . the expiration of such term shall ·be chosen only for the remainder of that term. The chairman of the board of trustees shall be elec'. · d by a majority vote of the members of the board. No compensation shall be paid to the members of the board of trustees for their services as such members, but they shall be reimbursed for travel and actual expenses necessarily incurred by them in attending board meetings and performing other official duties on behalf of the National Trust at the direction of the board.

SEC. 4. To the extent necessary to enable it to carry out the. functions vested in it by this act, the National Trust shall have the following general powers: - (a) To have succession until c1issolved by act of Congress, in which event title to the properties . of the National Trust, both real and personal, shall; insofar as consistent. with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and b'ecome vested in the United States of .America.

(b) To sue and be sued in its corporate name.

(c) To adopt, alter, and use a corporate seal which shall be judicially noticed.

·· (d) To adopt a constitution and' to make such bylaws, rules, and regulations, not inconsistent with the laws of the United States or of any State, as it deems necessary for ·the administration of its functions under this act, including among other matter, bylaws, rules, and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the board of trustees. · ( e) To accept, hold, and administer gifts

and bequests of money, securities, or other personal property of whatsoever character, absplutely or on trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of the gift or bequest, the National Trust is authorized to sell, exchange, or otherwise dispose of and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property given or bequeathed to it. The principal of such ·corporate funds, together with the income therefrom and all other revenues re~ived by it from any source whatsoever, shall be placed in such depositories as the National ·Trust shall determine and shall be subject to expenditure bY. the National Trust for its corporate purposes. . (f) To acquire by gift, devise, purchase. or

otherwise, absolutely or on trust, and to hold and, unless otherwise restricted by ·the' terms of the gift or devise, to encumber. convey, or otherwise dispose of, any re.al property, or any estate or interest therein, as may be necessary and proper in carrying into effect the purposes of the National Trust.

(g) To contradt and make cooperative agreements with Federal, State, or municipal departments or agencies, corporations. associations, or· individuals, under such terms and conditions as it deems advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property ·used in connection therewith for public use. regardless of whether the National Trust has acquired title to such properties, or any interest therein. ·

(h) To enter into contracts generally and to execute all instruments necessary or appropriate to carry out its corporate p.urp0ses, which instruments shall include such concession contraqts, leases, or permits for the use of lands, buildings, or other property deemed desirable either to accommpdate the public or to facilitate administration:

(i:) To appoint and prescribe the duties .of such officers, agents, and employees as may be necessary to carry out its functions, and to fix and pay such compensation. to them for their services as the· National Trust may determine. ·

(j) And generally to do any and all lawful acts necessary or appropriate to carry o.ut the purposes. for which the National Trust is created.

S.EC. 5. In carrying out its functions under this act, the National Trust is authorized to consult with 'the Advisory Board on National .Parks, Historic Sites, Buildings, and Monuments, on mat1;ers relating to the selection of sites, buildings, and objects to be preserved and ·· protected pursuant hereto.

SEC. 6. The National Trust shall, on or before the 1st day of March in each year, transmit to Congress a report of its proceedings and•activities for the preceding calendar year, including the full and complete statement of its receipts and expenditures.

SEC. 7. The right to repeal, alter, or amend this act at any time is hereby expressly reserved, but no contract or individual right made or acquired shall thereby be divested or impaired.


Page 5, line 18, after the comma insert the following: " (except property within the ex-

terior- b-Oundarles of National Parks and ·~-tional Monuments)". ·

The amendment was, agreed to. The bill was ordered to be engrossed

and read a third time,· was-read the third time, and passed, and a motion to reconsider was lai9 on the table. · PAYMENTS' TO INDIANS OF CALIFORNIA

The Clerk called the bill <H. R. 1354) to provide for a per capita payment from funds in . the Treasury of the United States to the credit oL the .Indians of California.

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

There being no objectiQn, the Clerk read the bill, as follows:

Be it eriacted, etc., That, notWithstanding the proviSions of section 6 ·of the act approved May 18, 1928 ( 45 Stat. 602), as amended, the Secretary of the Interior, under such rules and regulations as he may pi:escribe~ is hereby authorized and directed, with all reasonable diligence and 'from time to time· as he is prepared to do so. to prepare and certify to the Secretary of the Treasury lists of the application number, name, and address of each enrollee of the· group known and identified as the Indians of California, Uving on June 30, 1948, whose name-appears on the roll prepared by him pursuant to the act approved May 18, 1928 (45 stat. 602), as amended by the act .approved April 29, 1930 (46 Stat. 25!}), ·and as amended .by the a.ct approved June 30, 1948 (Pub. Law 852, 80th Cong.). a.nd as provided by this act; and. before the completioJ1. of the revised roll prepared pursuant to the act approved June 30, 1948 (Public Law 852, 80th Cong.), and by this act, he shall include ·on such lists the names of · additional enrollees as he shall identily and find them qualified. Tue Secretary of the 'Treasury is hereby authorized and directed to pay · to each such listed person the sum of $150, out of funds in the Treasury of the United States to the credit of the Indians of California, on account of the judgment -rendered in favor of said Indians by the UniteCi State& Court of Claims on the 4th day. '-Of December 1944. Such sums shall be paid out of the accumulated interest and so much of the principal as may be necessary to accomplish such· payments. Such per caipita . payments shall be made directly -ta each enrollee, any restrictions of law to the contrary notwithstanding, except that payments due to adults under legal disabUity, ·or to minors, may be made, under such rules antl regulations as the Commissioner df Indian Affairs may prescribe, to trustees for, or legal guardians. of such adults; or minors, or to natural guardians where such trustees or leial guardians have not been appointed. The money paid to enrollees under thiS act shall not be subject to any lien or claim of any nature against any of such persons.

SEC. 2. That the. Secretary of the Interior is hereby a\Jthorized and directed to add to the official roll of the Indians of California the names of persons living on June 30, 1948, who have heretofore or may hereafter make application for enrollment in accordance with the provisions of the act approved May 18, 1928 (45 Stat. 602), as amended by the act approved April 29, 1930 (46 Stat. 259), and as amended by the .act approved June 30, 1948 (62 Stat. 1166), or as provided by this act: Provicled, That he shall on evidence _ presented, find that such per: &9DS are descendants ·of Indians Who were residing in the State of California on June .1, 1852. . ' ' . -

With the following committee amendments:

Strike out all after the enacting clause and insert "That section 7 of the act of May 18,

1949 CONGRESSIONAL RECORD-HOUSE 8953 1928 (45 Stat. 602), as amended by the act of April 29, 1930 ( 46 Stat. 259) , and by the act of June 30, 1948 (62 Stat. 1166), is hereby further amended to read as follows:

"SEC. 7. The Secretary of the Interior, under such regulations as he may prescribe, 1s hereby authorized and directed to revise t}le roll of the Indians of California,- as defined in section 1 of this act, which was approved by him on May 16, 1933, in the following particulars: (a) By adding to sa~d roll the names of persons who filed applications - for enrollment as Indians of California· on or before May 18, 1932, and who, although determined to be descendants of the Indians residing in the State of California· on June 1, 1852, were denied enrollment solely on the ground that they were not living in the State of California on May 18, 1928, and who were alive on June 30, 1948: (b) by adding to said roll the names of persons who are descendants of the Indians residing in the State of California on June l, 1852, and who are the fathers, mothers, brothers, sisters, uncles, or aunts of persons whose names appear on said roll, and who were alive on June 30, 1948, irrespective· of whether such fathers, mothers, brothers, sisters, uncles, or aunts were living in the State of California on May 18, 1928; (c) by adding to said roll the names of persons born since May 18, 1928, and alive on June 30, 1948, who are the children or other descendants of persons whose names appear on said roll, or of p~rsons whose names are eligible for addition. to said roll under clauses (a) or (b) of this section, or of persons dying befO"re June 30, 1948, whose names would have been eligible for addition to said roll under clauses (a) or ( b) of this section if such persons had been alive on June 30, 1948; . and (d) by· remov-· ing from said roll the names of persons who have died since May 18, 1928, and ·before June 30, 1948. Persons entitled to enrollment under clause (a) of-this section shall be enrolled by the Secretary of the Interior without further application. Persons claiming to be entitled to enrollment under clauses (b) or (c) of this section shall, within 1 year after the approval of this amendment, make an application in writing to the Secretary of the Interior for en·rollment, unless they have previouslY. filed such an application under . the amendmen~ to this sec.;. tion made by the act of June 30, 1948 ( 62 Stat. 1166). The Secretary of the Interior shall prepare not less than 500 copies of an alphabetical list of the Indians of California whose names appear on the roll ·approved on May 16, 1933, giving the name, address, and age at time of enrollment of each such enrollee, together with such other factual information, if any, as the Secretary may deem advisable as tending to identify each; enrollee, and shall distribute copies of this list to the various communities of California Indians. The Indians of California in each community may elect a committee of three enrollees who may aid the enrolling agent in any matters relating to the revision of said roll. After the expiration of' the period allowed by this section for filing appUcations, the Secretary of the Interior ·shall have 6 months to approve and promulgate the revised roll of the Indians of California provided for in this section. Upon such approval and promulgation, the roll shall be closed and thereafter no additional names shall be added thereto."

"SEC. 2. Notwithstanding the provisions of section 6 of the act of May 18, 1928 ( 45 Stat. 602, the Secretary of the Interior, under such regulations as he may prescribe, is hereby authorized and directed to distribute per capita the suin of $150 to each Indian of California living on June 30, 1948, who ls now or may hereafter be enrolled undElr sections 1 and 7 of said act of May 18, 1928, as amended by section 1 of this act. The Secretary of the Interior .i:nay, in

his discretion, make such distribution from time to time to persons ' on the roll of the Indians of California approved on May 16, 1933, as he identifies such enrollees, before the completion of the revised roll provided for in section 1 of this act. The Secretary of the Interior is hereby authorized to withdraw from the fund on deposit in the Treasury of the United States arising from the judgment in favor of the Indians of California entered by the _Court of_ Claims· on December 4, 1944, and appropriated for them by section 203 of the act of April 25, 1945 (59 Stat. 77), such sums as may be necessary tu make the per capita payments re- , quired by this section, including not to exceed $15,000 for t;lle purpose . of de~rayiI?-g the expenses incident to carrying out the provisions of this section. Such payments shall be made out ·of the accumulated· interest on such judgment fund and so much of the principal thereof as 1s necessary to complete the -payments. The money paid to enrollees pursuant to this section shall not be subject to any lien or claim of any nature against any of such persons, except for debts owing to the United States."

The committee amendment was agreed to. · ,

Mr. PETERSON. Mr. Speaker, f ask unanimous consent that -the mispelled word "tendnig" on page 5, line 14, be correctly spelled.

The ·SPEAKER. Without objection, it is so ordered.

There was no objection. The bill was ordered te be engrossed

and read a third time, was read the third ·time, and passed, ·· and a motion · to re• consider was laid on the table.

HOT SPRINGS NATIONAL PARK, ARK.

The Clerk called the bill <H. F.. 1726) to authorize. the Secretary of the In~ terior to convey to the city of Hot Springs National Park, Ark., a perpetual easement for the construction and operation of ~- water-main pipe line.

The SPEAKER. Is ther.e objection to the present C(Ol)sideration . of the bill? . There beirig no objectfon, the Clerk

read the bill, as follows: · , ~. · Be it enacted, etc., That the S~cretary of

the Interior is hereby authorized to grant and convey under such terms and conditions as he may prescribe, to the city of Hot Springs NationarPark, Ark., a perpetual easement for the construction, operation, maintenance, inspection, reconstruction, and repair of a 16-inch water-main pipe line in, under, and across a strip of land situated within the Hot Springs National Park, 15 feet in width, and 7¥2 feet on each side of the following described center line:

Beginning at a point on the park boundary, north forty-three degrees thirty-one minutes east, one hundred seventy-five apd five-tenths feet from monument numbered 163; thence north -seventy-seven degrees thirty-one minutes east, exactly two hundred and eleven feet; thence south forty-five degrees fiftysix minutes east, one hundred three and fivetenths feet; thence south one degree nine minutes east, exactly two hundred and fiftyseven feet; thence south sixty-nine degrees twenty-two minutes east, one hundred fortysix and three-tenths feet; thence south eighty-six degrees nine minutes east, one hundred ten and eight-tenths feet, thence south fifty-nine degrees no minutes east, one hundred seven and twenty-one one-hundredth11 feet a point on the park boundary eighty-thr.ee and eighty-one one-hundredths feet arc length on a curve of three hundred seventy-seven and six-tenths feet radius from monument numbered 168, south thirty-five

degrees nineteen minutes thirteen $econds east, ·eighty-three and sixty-five one-hundredths feet distant, situated in United States Hot Springs Reservation in Garland County, Ark.


Page 2, strike out lines 1 and 2, and insert "National Park, such water-main pipe line to follow, in general, the following-described line: Provided, 'Th.at any granter conveyance pursuant to this act shall be made subject to the right in the United States to require the city of Hot Springs to relocate without expense to the ·United States the s.aid water-main pipe line upon a determination by ·the Secretary of the Interior that the public intere_st requires such relocation."

The committee amendment was agreed to. _

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

The title was amended so as to read: "A bill to authorize the Secretary of the Interior to convey to the city of Hot Springs, Ark., a perpetual easement for the construction r.nd operation of a water-main pipe line."

A motion to reconsider was laid on the table. RARE AND PRECIOUS METALS EX~ERI

MENT STATION AT RENO, NEV. -

The Clerk called the bill <H. R. 2386) to provide for the establishment and operation of a rare and precious metals experiment station at Reno, Nev. ·

The SPEAKER. Is there objection to the present consideration of the oill?

Mr. CUNNINGHAM. Mr. Speaker, reserving the right to object, this bm is not covered in the program of the Presi-· dent. It has no c~earance with the Bureau of the Budget. Its total cost will greatly exceed the sum of $1,000,000.

Therefore, I ask unanimotis consent ·that . this bill .be passed over without

. prejudice. The · SPEAKER. Without objection,

it is so ordered. There was no objection. ADVISORY COMMITTEE ON INDIAN

AFFAIRS

The Clerk called the bill <H. R. 4755) to authorize the appointment of an Advisory Committee on Indian Affairs.

The SPEAKER. Is there objection to the present consideration of the bill? ~here being no objection, the Clerk

read the bill, as follows: Be it enacted, etc., That the Secretary of

the Interior is authorized to appoint a committee of not to exceed 11 members, to be known as the Advisory Committee on Indian Affairs, to consult and advise with him on matters pertaining to Indian affairs. The members of the committee shall serve without compensation. The Secretary of the Interior is authorized to pay the members of the committee traveling expenses and a per·· diem allowance in accordance with section 5 of the act of August 2, 1946 (60 Stat. 806), for attending meetings called by the Secretary of the Interior.


CONGRESSIONAL RECORD-- HOUSE JULY 6 SALARIES OF POSTMASTERS, OFFICERS,

AND EMPLOYEES OF THE POSTAJ.; SERVICE

The Clerk called the bill CH. R. 3383), to amend the act entitled "An act to reclassify the sala1'ies of postmasters, of:". ficers, and employees of the postal service; to establish uniform procedures for computing compensation; and for other purposes," approved July 6, 1945.


There being no objection, the Cler~ read the bill, as fallows:

Be tt enacted, etc., That the second sentence in section 5 of the act entitled "An act to reclassify the salaries of postmasters, of~ ftcers, and employees of the Postal Service; to establish uniform procedures for computing compensation; and for other purposes," approved July 6, 1945 (Public Law 134, 79th Cong., 39 U .. S. C. 856), as amended, is amended to read as follows: "Night ·work shal1 be defined as any work performed between the. hours of 6 o'clock p. m. and 6 o'clock a. m. and either standard or daylightsaving time shall be used, depending upon whichever time is observed where such night work is performed: Provided, That such differential for night duty shall not be included in computing any overtime compensation to which the officer or employee may be entitled."


At the end o~ the bill insert: , . "SEC. 2. Whenever any officer or employee

of the United States Government or of the municipal government of the District of Columbia ts entitled to extra compensation on account of services performed between or after certain specified hours· of the day or night, such extra compensation shall be computed on the basis of. either standard or daylight-saving time, depending upon which.: ever time is observed by 1aw, custom, or practice where such services are performed."


The bill was ordered to· be eQgrossed and read a third time, was read: the third time, and passed.

The title was amended so as to read: "A bill to provide that extra compensation for night work paid officers and employees of the United States shall be computed on the basis of either standard or daylight-saving time."

A motion to reconsider was laid on the table. SALARms OF POS'i'MASTERS, OFFICERS,

AND EMPLOYEES OIF THE POSTAL SERVICE

The Clerk called the bill CH. R. 1516) to amend the act entitled "An act to reclassify the salaries of postmasters, officers, and employees of the postal service;· to establish uniform procedures for computing compensation; and for other purpases," approved July 6, 1948, so as to provide annual automatic within-grade promotions for hourly employees of the custodial service.



Be it enacted, etc., That subsection (j) of section 14 of the act entitled "An act to reclassify the salaries of ~ostmasters, officers, and employees of the Postal Service; to establish uniform procedures for computing com-

pensation; and for other 'Purposes,'' approved July 6, 1945, as amended, is amended to read as follows:

"(J) Charmen and charwomen working part time shall be divided into four grades with hourly rates of compensation as follows:·

Per hour "Grade 1------------------------:.. ___ $1. 10

Grade 2---------------------------- 1.15 Grade 8---------------------------- 1.20 Grade 4---------------------------- 1.25

and shall be promoted successively at the beginning of the quarter following 1 year's satisfactory service in each grade to the next higher grade until they reach the fourt:Q grade." .

SEC. 2 .• This act shall become effective at the beginning of the quarter following the date of enactment.

With the following committee amend-ment: · -

Page 2, line 10, strike out after the word "effective" "at the beginning of the quarter following the date of enactment" and insert "July 1, 1949." _


The biil waiS ordered to be engrossed and read a third time, was read the third time, and passed.

The title was amended so as to read: "A bill to amend the act entitled 'An act to reclassify the salaries of postmasters, officers, and employees of the Postal Service; to establish uniform procedures for computing compensation; and for other purposes,' approved July 6, 1945, so as to provide annual automatic within-grade promotions for hourly employees of the custodial service."

A motion to reconsider was laid on the table. PRACTITIONERS . BEFORE ADMINISTRA

TIVE AGENCms .

The Clerk called the bill <H. R. 4446) to protect the public with ·respect to practitioners before administrative agencies.


Mr. CUNNINGHAM. Mr. Speaker, reserving the right to object, although this bill appears meritorious, it does change the rules of procedure for administrative agencies. I think the author of the bill should explain it before consent is granted.

Mr. WALTER. Mr. Speaker, will the gentleman yield?

Mr. CUNNINGHAM. I yield. Mr. WALTER. Mr. Speaker, the

measure under consideration is the result of a compromise worked out by representatives of the American Bar Association and the Certified Public Accountants Association. Very extensive hearings were held on this bill during the last 3 or 4 years. Last year the only objection interposed came from the Certified Public Accountants who were fearful that the.ii- practice before the Treasury Department would be interfered with. At the suggestion of the then chairman of the subcommittee CMr. GWYNNE], representatives of both groups got together and drafted language which, in the opinion of the accountants, protects their rights to practice before the Treasury Department.

Mr. HINSHAW. Mr. Speaker, will the gentleman yield?

Mr. CUNNINGHAM.- I yield. Mr. HINSHAW. I ·notice that in the

bill the · term "agency" exempts from it the Tax Court. Does that mean that CPA's can likewise practice before the Tax Court? .. ·· ·· ·

Mr. WALTER. It does; and it also means that the· nonlawyer practitioners before the several agencies can ·continue · in that practice. For example, veterans who are not lawyers can appear before the Veterans' Administration and before the Veterans' Appeal Board and· present claims ·of veterans; representatives of brotherhoods can continue in their practice of appearing before the several Government· -agencies having -to do with the railroad worke.rs. ·

Mr. · CUNNINGHAM. Does the bill have the approval of the American Bat Associati9n? . . .

Mr. WALTER. Yes; the bill was suggested by the American Bar Associa-tidn',;

Mr. CUNNINGHAM. ·Mr. Speaker, I withdraw my reservation of objection. "

Mr. HINSHAW. Mr. Speaker, will the gentleman yield?

Mr.WALTER.' . I yield. Mr. HINSHAW. Does the ' bill nave·

the approvat df the Certified Public Ac.;. couritants? · "

Mr. WALTER. · It now has their ap..; proval. It was unfortunate that when the report on the bill was printed we were not in receipt of a letter we have smee' received 'from the Certified Public Accountants' organization, in which' they state that they no longer have any objection to the bill but urge its speedy en~: actment.

The SPEAKER. . Further reserving the right to object, what does this bill do 'to accountants who have been practicing l;mt who are not certified . public 'accountants?

Mr. WALTER. It does not interfere in any way in the practice in which they have heretofore engaged. The Treasury Department is authorized to issue credentials to nonlawyer practitioners which wj.11 entitle them to continue in the practice they have heretofore engaged in.

Mr. MARCANTONIO. Mr. Speaker, will the gentleman yield?

Mr. WALTER. I yield. Mr. MARCANTONIO. I have received

quite . a number of letters protesting against this bill from various public accountants. I would like to have an opportunity to confer with these constituents of mine, and I am going to ask unanimous consent that the bill go over without prejudice.

Mr. WALTER. I should like very much to place in the hands of the gentleman from New York the letter of the president of the accountants' organization.

Mr. MARCANTONIO.' I do not know how the other New York accountants feel about this bill, but I do know that I have received letters in opposition to the bill from accountants in my district. I .should like the opportunity to check this matter with these people who are constituents of mine.

Mr. WALTER. I may say to the gentleman from New York that the writerof the· letter to which I have ref erred is

1949 CONGRESSIONAL RECORD~HOUSE 8955

from New York and is also the head of the New York organization.

Mr. DINGELL. Mr. Speaker, will the gentleman withhold his consent request?

Mr. MARCANTONIO. Yes. Mr. DINGELL. Reserving the right

to object, I would like to go into this particular phase of the situation: The lawyers are in agreement on the bill, and the certified public accountants have agreed that it should be passed immediately. The accountants about whom the Speaker. inquired, noncertified accountants who are today practicing, can continue to practice: but what about accountants of the highest type who have spent their- lifetime .in the business of accounting and who are .otherwise qualified? Can they be admitted? Or are they barred because they are not certified public accountants? .

Mr. WALTER. There is nothing in this bill that will interfere with the practice that the gentleman has in mind. Frankly, what we are driving at in this legislation are these "fi.xers" around the District of Columbia. Most of the business with the United States Government is done right here in Washington, and it was represented to our committee that there is a large group of _people· who pose as lawyers but who perhaps have ,only a little influence to sell; and it is that type of unscrupulous practitioner that we are trying to reach.

Mr. DINGELL. In other words, do you disqualify a noncertified public accountant if he is otherwise qualified, ethical, and able to practice before the Treasury in this type of case?

Mr. WALTER. I have answered that question four or five times; my answer remains the same.

Mr. DINGELL. That I am correct in my deductions?

Mr. WALTER. Yes. Mr. GROSS. Is not the Bar Associa

tion of the District of Columbia competent to deal with these posers and fixers?

Mr. WALTER. No; because a man may be disbarred in some distant State, come to the District of Columbia, and pose as a lawyer. He was once admitted to the bar. There is no way to prevent him from appearing before a commission. He is not a member of the bar of the District of Columbia, and, therefore, may not practice in the District of Columbia. He is not a member of the bar of the District of Columbia, therefore cannot practice in the District; but the commissions and the various Government agencies have no way of preventing that man from appearing. With the Credentials Committee that this bill sets up, everybody who is a professional in the rate-fixing profession or accounting or a lawyer applies for credentials and submits his admission to the highest court of the State in which he is a member or of the Treasury Department, and on that record he is permitted to practice in a particular field.

Mr. GROSS. What about traffic managers?

Mr. WALTER. They are protected under this bill, also representatives of chambers of commerce, boards of trade people and men of that sort who appear specially in proceedings in the District.

Mr. GROSS. Must they obtain credentials from anyone in order . to be able to appear.

Mr. WALTER. No; they do not have to unless they are appearing generally; but for the purpose of one hearing or where they appear casually representing the chamber of commerce of the ge.ntleman's home town before the Federal Communications Commission, for example, they w;ould be permitted to . appear for that purpose without any credentials whatsover.

Mr. GROSS. But you want to check up on that?

Mr. WALTER. This Credentials Committee ·of five will do that. ·

Mr. GROSS. But they are not required to have credentials.

Mr. WALTER. For one casual representation.

Mr. GROSS. How do .. you · know whether they make one or ·more appearances? . Mr. WALTER. It is a pretty simple matter to know whether one man is coming in day ·after . day without being admitted.

Mr. JAVITS. Mr. Speaker, will the gentleman yield?

Mr. WALTER. I yield to the gentleman from New York.

l\jr. ,JAVITS, Does the gentleman in-· tend to object. to the bill .going o.ver .s.o that it may have this complete scrutiny?

Mr. WALTER. No; and .I apologize because the letter did not get into the RECORD.

Mr. JAVITS. Then we can all take a better look at it. ·Mr. McCORMACK. Mr. Speaker, will

the gentleman yield? · Mr. WALTER. I yield to the gentle

man from Massachusetts. Mr. McCORMACK. The purpose of

this bill is to enable the agencies to apply a code of ethics?

Mr. WALTER. Certainly, similar to that which the courts apply

Mr. MARCANTONIO. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

The SPEAKER pro tempore <Mr. WHITTINGTON). Is there objection to the request of the gentleman from New York?

There was no objection. PERMITTING MINING ON PUBLIC LANDS

WITHDRAWN OR RESERVED FOR POWER DEVELOPMENT

The Clerk called the bill <H. R. 388) to permit the mining, development, and utilization of the mineral resources of all public lands withdrawn or reserved for power development, and for other purposes.


Be it enacted, etc., That this act may be cited as the "Mining Claims Rights Restoration Act of 1948."

SEC. 2. All public la11ds belonging to the United States now or hereinafter withdrawn or reserved for power development or power sites by statutory rights or otherwise shall be open to entry for location and patent of mining claims and mill sites for the mining development, beneficiation, removal, and utilization of the m ineral resources contained therein: Provided, That all power rights to such lands shall be retained by the United States.

SEC. 3. The location and use of mining claims and ·mm sites provided in section 2 Shall be entered into or continued at the financial risk of the individual party or parties undertaking such work and the 'aovernment of the · United States shall not be responsible or held liable or incur any liability whatsoever for the damage, dest ruction, or lor1 of any mining claims, mill sites, facilities installed or erected, income, or other property or investments resulting from the actual use of such lands or portions thereof for power development.

SEC. 4. All persons or other claimants who held unpatented mining claims on the lands cited in section 2 at ·the date of withdrawal or r.eservation of such lands, or who at any time filed claims in good faith subsequent to their withdrawal or reservation, not knowing such lands had been withdrawn or reserved, shall be allowed 1 year from the enactment of this act in which to refile or· otherwise reestablish their claims. Annual assessment work on unpatented mining claims shall be performed during the assessment year ·next following the refiling or reestablishment of such claims.

SEC. 5. Notwithstanding any other provisions of this act, all mining claims and mill sites or mineral rights located under the terms of this act or otherwise contained on the public lands cited in section 2 shall be used only for the purposes cited in section 2 and-no facility or activity shall be erected or conducted thereon for other purposes.


Strike out all after the enacting clause and insert the following: "TP.at this act may be cited as the 'Mining .claims Rights Restoration Act of 1949.'

. "SEC. 2. All public lands belonging to the United States now or hereafter withdrawn or reserved for power development or power sites by statutory rights or otherwise shall be open to entry for location and patent of mining claims and ·mm sites for· mining development, beneficiation, removal; and utilization of the mineral resources: Provided, That ·all power rights to such lan.ds shall be retained by the United States . .

"SEc. 3. Prospecting and exploration for and the development and utilization of mineral resources authorized in this act shall be entered into or continued at the financial risk of the individual party or parties undertaking such work: Provi ded, That the United States, its permittees and licensees shall not be responsible or held liable or incur any liability whatsoever for the damage, destruc~ tion, or loss of any mining claim, mill site, facility installed or erected, income, or other property or investments resulting from the actual use of such lands or portions thereof for power development at any time where such power development is made by or under the authority of the United States.

"SEC. 4. The owner of any unpatented mining claim located on land described in section 2 of this act shall file for record in the United States district land office of the land district in which the claim is situated (1) within 1 year after the effective date of this act, as to any or all locations heretofore made, or within 60 days of location as to locations hereafter made, a copy of the notice of location of the claim; (2) within 60 days after the expiration of any annual assessment year, a statement as to the assessment work done or improvements made during the previous assessment year.

"SEC. 5. Nothing in this act contained shall be construed to limit or restrict the rights of the owner or owners of any valid mining claim located prior to the date of withdrawal or reservation.

"'SEC. 6. Notwithstanding any other provisions of this act, all mining claims and mill sites or mineral rights located under the terms of this act or otherwise contained on

8956 CONGRESSIONAL RECORD-· HOUSE -JULY 6 the public lands cited in section 2 shall be used only for the purposes cited in section 2 and no facility or activity shall be erected or conducted thereon for other purposes."

Mr. ENGLE of California. Mr. Speak-er, I offer an amendment. ·

The Clerk read as follows: Amendment offered by Mr. ENGLE of Cal

ifornia: Page 3, line 13,_ after the last_ words of section 2, strike out the period, insert a colon, and add: "Provided further, That locations made under this act within the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Grant Lands shall also be subject to the provisions of the act of April 8, 1948, Public Law 477 ( 80th Cong., 2d sess.) ."

Mr. ENGLE of California. Mr. Speaker, the purpose of this amendment is to make clear that this bill does not inter! ere with an act passed by the Eightieth Congress dealing specifically witli this question. It was unanimously adopted by our committee and approved by the Bureau of Land Management.

The SPEAKER pro tempore [Mr. WHITTINGTON]. The question is on the amendment offered by the gentleman from California [Mr. ENGLE] to the committee amendment.

The amendment was agreed to. The committee amendment as amend

ed was ·agreed to. The bill was ordered to be engrossed

and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. REFUND OF TAXES ILLEGALLY PAID BY

INDIAN CITIZENS

The Clerk called the bill <H. R 4353) to amend section 2 of the act of January 29, 1942 (56 Stat. 21), relating to the refund of taxes illegally paid by Indian citizens.


Be it enacted, etc., That section 2 Of the act of January 29, 1942 (56 Stat. 281), is hereby amended to read as follows:

"SEC. 2. That any person duly enrolled as a member of an Indian tribe who received in pursuance of a · tribal treaty or agreement with the United States an allotment of land w.hich, by the terms of said · treaty or agreement was exempted from taxation, or which by the terms of S"ection 6 of the act of Congress of May 27, 1908 (35 Stat. 312), was in the manner therein provided continued under the supervision of probate attorneys of the United states as the representatives of the Secretary of the Interior during the minority of such allottee, and who was required or permitted to pay any Federal income tax on the rents, royalties, or other gains arising from such lands tlUl'ing such tax-exempt period or on income from any allotment during the minority of the allottee, or any such person who has been erroneously or illegally taxed by reason of not having claimed or received the benefit of any deductions or exemptions permitted by law, and who has filed a claim or · claims for refund at any time or · times before January 29, 1944, shall be entitled to and shall be repaid such taxes so paid, with interest at 6 per centum from the date such taxes were paid, notwithstanding any previous rejection by the Treasury Department of any such claim or claims for refund theretofore filed upon the same or similar ground and notwithstanding any decision of the Treasury Department or of any court, it not being the policy or intention

ol the Government to invoke or plead · a statute of limitations or any other defense to escape the obligations of agreement solemnly entered into with its India;n wards, or prior to April 26, 1931, to exact for its own use and benefit an income tax from them while their property .continued under the supervision of the United States or during the minority of any such allottee: Provided, however, That in the case of the death of any enrolled member of an Indian t ribe any such taxes paid by him or on his account may in like manner be recovered by theperson -0r persons who would have received such money had it constituted a part of his estate at the time of his death. .

"That all acts and parts of act in conflict herewith are modified for the purpose, and only for the purpose, of carrying into effect the provisions hereof."


"That section 2 of the act of January 29., 1942 (56 · Stat. 21), 1s hereby amended to read as follows:

"'SEC. 2. That any person duly enrolled as a member of an lndian tribe who received in pursuance of a tribal treaty or agreement with the United States an allotment of land which, by the terms· of said treaty or agreement was exempted from taxation, or -restricted against alienation, or which by the terms of section 6 of the act of Congress of May 27, 1908 (35 Stat. 312), was in the manner therein provided continued under· the supervision of probate attorneys of the United States as the representatives of the Secretary of the Interior during the minority of such allottee, and from which land the restrictions have or have not been removed, and any such enrolled member of an Indian tribe who prior to April 26, 1931, had restricted money in the custody or control of the United States, and who was required or permitted to pay any Federal income tax on such lands or on the rents, royalties, or other gains arising from su~h lands during such restricted or tax-exempt period or on income from such restricted., funds while in the custody or control of the United States, or on income from any allotment during the minority of the allottee, or any such person who has been erroneously or illegally taxed by reason of not having claimed or received the benefit of any deductions or exemptions permitted by law, and who has filed a claim or claims for refund at any time or times before January 29, 1944, shall be entitled to and shall be repaid such taxes so paid, with interest at 6 percent from the date such taxes were paid, notwithstanding ariy previous rejection by the Treasury Department of any such claim or claims for refund theretofore filed upon the same or similar ground and notwithstanding any decision of the Treasury Department or of any court, it not being the policy or intention .of the Government to invoke or plead a statute of limitations or any other defense to escape the obligations of agreement solemnly entered into with its In.; dian wards, or prior to April 26, 1931, to exact for its GWn use and benefit .an income tax from them while their property continued under the supervision of the United States or during the minority of any such allottee: Provided, however, That in the case of the death of any enrolled member of an Indian tribe any such taxes paid by him or on his account may in like manner be recovered by the person dr persons who would have received such money hac'I it constituted a part of his estate at the time of his death.

" 'That all acts and parts of acts in conflict herewith are modified for the purpose, and only for the purpose, of carrying into effect the provisions hereof.' "


· The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to re

. consider was laid ox:i the .table. DISPOSAL OF SUBMARGINAL INDIAN

LANDS

The Clerk called the bill <H. R. 3275) to provide for the sale or other disposal of

· certain submarginal lands located within the l:loundaries of Indian reservations in the States of· Montana, North Dakota, and South Dakota.

Mr. BYRNES of Wisconsin. Mr. Speaker, I ask unan,imous consent that this bill be ·passed over without prejudice.

The SPEAKER pro tempore. Is there objection to the rEquest of the gentleman from Wisconsin?

There was no objection. PROVIDING ~ DECREE OF COMPETENCY

FOR . UNITED STATES INDIANS

The Clerk called the bill CH. R. 2724) to provide a decree of competency for Indians in certain cases.

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

Mr. MORRIS. Mr.'Speaker, reserving the right to object, I intend later to offer an amendment.

Mr. McCORMACK. Mr. Speaker, further reserving the right to object, is this a committee amendment?

Mr. MORRIS. I will say to the majority leader that technically it is not. The committee was not in session, but practically all the members of the committee agreed upon .it. I think it will definitely be satisfactory to every member of the committee. . Mr. McCORMACK. Having such in

tegrity in my friend, I believe that that is so.

Mr. CUNNINGHAM. Mr. Speaker, if the gentleman will yield; the ·suggested amendment has ·not been submitted to the objectors on this side of the aisle. I ask unanimous consent that the bill be passed .over without prejudice.

Mr. McCORMACK. Mr. Speaker, if the gentleman will withhold his i·equest, I ask unanimous consent that the further consideration of this bill. be placed at the end of th·e calendar in order that the gentleman from Oklahoma mlght confer with the objectors.

The SPEAKER pro tempore. Without objection, the bill is temporarily passed over. . .

There was · no objection. MILES CITY, MONT.

The Clerk called the bill CH. R. 3589) to convey to the city of Miles City, State of Montana, certain lands in Cust~r County, Mont., for use as an industrial site.

There being no objection, the Clerk read the bill, as fallows: -

Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, authorized and directed to convey by patent to the city bf Miles City, a municipal corporation organized and existing under the laws of the Stat..l of Montana, upon payment of a Just and reasonable consideration to be determined by the Secretary, the foll.owing tracts

1949 CONGRESSIONAL. RECORD-HOUSE' 8957 of public land in Custer County, Mont., to wit:

One hundred four and twenty one-hundredths acres of land, said land being more particularly described as follows:

Beginning at the intersection of the north right of way line of the Chicago, Milwaukee, Saint Paul and Pacific Railroad right of way with the section line between section 5 and section 6; thence north no degrees ten and one-half minutes east a distance of one thousand one hundred forty and forty-four one-hundredths feet, more or less, to rock m arking the corner comµion to sections 5, 6, 31 and 3?, township 8 north, range 47 east; thence north no degrees, fifteen minut~s east along the section line a distance of eight hundred eighty-seven and four' one-hundredt hs feet, more or less, to the witness corner for the meander of the south bank of the Yellowstone River; thence along the meander of the soutll bank of the Yellowstone River nort h sixty-seven degrees eight minutes east a distance of one thousand three hundred sevent y-one and forty-eight one-hundredths feet; thence north fifty-four degrees thirty minutes east a distance of one thousand eight hundred and forty-eight feet; thence nort h forty-four degrees no minutes east a distan ce of two hundred ninety-one and fifty-five one-hundredths feet, more or less, to the west line of the Miles City water plant tract ; thence south fifty-two degrees thirtyone min utes east a distance of seven hundred sixty-three and thirteen one hundredths feet, more or less, to the north right of way line of the Chicago, Milwaukee, Saint Paul and Pacific Railro.ad right-of-way; thence south forty-seven degrees sixteen minutes west along said right of way a distance of one hundred sixty-eight and three-tenths feet, more or less, to the Chicago, Milwaukee, Saint Paul and Pacific Railroad station 3204 plus 00; thence south forty-two degrees fortyfour minutes east a distance of fifty feet; thence south forty-seven degrees sixteen minutes west along the north right of way line a distance of three thousand and eight hundred feet, more or less, to the Chicago, Milwaukee, Saint Paul and Pacific Railroad station 3242 plus 00; thence north forty-two degrees forty-four minutes west a distance of fift y feet; thence south forty-:seven degrees sixteen minutes west a distance of six hundred and twenty feet, more or less; thence south forty-two degrees forty-four minutes east a distance of fifty feet; thenc·e south forty-seven degrees sixteen minutes west· a distance of three hundred thirty-six and seventy-eight one-hundredths feet, more or less, to point of beginning, and containing one hundred four and twenty one-hundredths acres, more or less.

Four hundred eighty-six and sixty-four one-hundredths acres of land, more or less, said land being more particularly described as follows:

Beginning at the quarter corner of section 5 and section 6, township 7 north, range 47, east, thence north forty-five degrees six minutes thirty-eight seconds west a distance of nine hundred eighty-one and one-tenth feet, more or less, to the south right-of-way line of the Chicago, Milwaukee, Saint Paul and Pacific Railroad right-of-way; thence north forty-seven degrees sixteen minutes east along said south right-of-way line a distance of two thousand eight hundred one and sixty-one one-hundredths feet, more or less, to the right of way jog; thence south forty-two degrees forty-four minutes east a distance of two hundred feet; thence north forty-seven· degrees sixteen minutes east along the south right-of-way a d~etance o;f two thousand four hundred eleven and fivetenths feet more or less, to boundary of tract grant ed to the city of Miles City for recreational and indu~trial purposes; thence south sixty degrees fifteen minutes east along the boundary of said tract a distance of one

thousand five hundred sixty-six and twelve one-hundredths feet, more or less, to the southeast boundary of said tract, which point is also the north right-of-way line of United States Higpways Numbered 10 and 12; thence south sixty-five degrees ten minutes east across said highway a distance of one hundred and ten feet to the south rightof-way of United States Highways Numbered 10 and 12; thence north twenty-four degrees fifty minutes east along said south right-ofway a distance of three hundred ninety-one and forty-five one-hundredths feet, more oc less, to the point of curve highway station 207 plus 73.2 · thence .along the south rightof-way line of United States Highways Numbered 10 and 12, along the arc of a circular curve through an angle of eight degrees twenty minutes and a radius of one thousand eight hundred and sixty feet (or chord length two hundred seventy and four-tenths feet north twenty-nine degrees no minutes east) to the intersection of said south highway right-of-way line with tract C; thence south sixteen degrees fifty minutes west along the west boundary of tract C, a distance of one thousand two hundred sixtyseven and twenty-nine one-hundredths feet, more or less, to monument numbered 3 of tract C; thence south seventy-three degrees ten minutes east a distance of one thousand seven hundred seventy-eight and ninetyseven one-hundredths feet, more or less, to the north right-of-way line of the Northern Pacific Railway; thence south forty-one degrees thirty minutes west along the north boundary of the Northern Pacific Railway right-of-way a distance of six thousand three and seventy-one one-hundredths feet; thence north forty-five degrees six minutes thirty-eight seconds west a distance of three thousand three hundred sixty-two and eighttenths feet, more or less, to the quarter corner of section 6 and section 5, the point of beginning, and containing five hundred one and eight-tenths acres minus fifteen and sixteen one-hundredths acres for highway right-of-way or a net acreage of four hundred eighty-six and sixty-four one-hundredths acres, more or less.

Eighty and eighty-two one-hundreds acres of land, more or less, said land being more particularly described as follows:

Beginning at a point on the south rlghtof-way line of th ;:, Northern Pacific Railway, said point being south forty-five degrees six minutes thirty-eight seconds east a distance of twelve and eighty-one one-hundreds feet from the quarter corner of section 5 and section 6, township 7, north, range 47 east; thence north forty-one degrees thirty minutes east along said south right-of-way line of the Northern Pacific Railway a distance of seven thousand one hundred seven and thirty-three one-hundredths feet, more or less, to the meander line of the west bank of Tongue River; thence south forty-one degrees no minutes east a distance of one hundred seven and eighty-three one-hundredths feet, more or less, to the witness corner for the meander corner on the west bank of Tongue River on the township line; thence south twenty-four degrees thirty-two minutes east along the meander line a distance of four hundred thirty and eighteen onehundredths feet, more or less, thence south forty-one degrees thirty minutes west parallel to the south boundary of "the Northern Pacific Railway right-of-way and at a distance of five hundred feet; therefrom for a distance of six thousand nine hundred forty-eight and one-tenth feet, more or less; thence north forty-five degrees six minutes thirty-eight seconds west a distance of five hundred and eighty-seven one-hundredths feet, more or less, to the point of beginning,' and containing eighty and eighty-two onehundredths acres, niore or less.

Said patents shall contain a reservation to the United States of all gas, oil, coal, and other mineral deposits as may pe found in

such lands and the right to the use of the lands for extracting and removing same.

SEC. 2. Upon conveyance of the above-described tracts the Secretary of the Interior ls authorized and directed to grant the city of Miles City an easement for right-of-way purposes to the following-described tracts of public land, to wit:

Beginning at a point on the southwesterly boundary of the proposed industrial site, said point being north forty-five degree six minutes thirty-eight seconds west a distance of eight hundred fifty-three and sixty-five onehundredths feet from the quarter corner of section 5 and section 8 in township 7 north of range 47 east of the Montana prinicipal merdian; thence southeasterly along the arc of a circular curve with a radius one thousand one hundred and fifteen feet through an angle of thirty-·one degrees twenty minutes, or an arc distance of six hundred nine and thirty-one one-hundredths feet, more or less, to the section line; thence south a distance of one hundred forty-five and thirtyfive one-hundredths feet, more or less, to the north right-of-way line of the Northern Pacific Railroad; thence :north forty-one degrees thirty minutes east along said north railroad right-of-way line to the present north highway right-of-way line; thence along the north highway right-of-way line to the intersection of the southwesterly boundary of the proposed industrial site.

Beginning at a point on the north right-ofway line of the Northern Pacific Railroad, said point being north forty-five degrees six minutes thirty-eight seconds west a distance of three hundred eighty-seven and eighty-nine one-hundredths fee_t from the quarter corner of section 5 and section 8; thence north fortyfive degrees six minutes thirty-eight seconds west a distance of two hundred twentyseven and seventy-four one-hundredths feet, more or less, to the· south highway right-of-· way line; thence southerly along the arc of a circular curve of a radius nine hundred and five feet along the south highway right-ofway line to the intersection of the north right-of-way line of the Northern Pacific Railroad; thence north forty-one degrees thirty minutes east along the north right-ofway line of the Northern Pacific Railroad a distance of two hundred fifty-six and ninetyfive one-hundredths feet, more or less, to the point of beginning.


Strike out all after the enacting clause and insert the following: "That the · Secretary of the Interior be, and he hereby is, authorized and directed to convey by patent to the city of Miles City, a municipal corporation, organized and existing under the laws of the State of Montana:, upon payment of a just and reasonable consideration to be determined by the Secretary, the following tracts of public land in Custer County, Mont., to wit: .

"Tract numbered 1. Beginning at a point on the north right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railroad opposite Chicago, Milwaukee, St. Paul & Pacific Railroad station 3243 plus 46.07, said point being south forty-five degrees fourteen minutes east a distance of seven hundred eighty-six and five one-hundredths feet from the rock marking the corner of sections 31 and 32, township 8 north, range 47 east, Montana principal meridian, and sections 5 and 6, township 7 north, range 47 east, Montana principal meridian; thence north forty-five degrees fourteen minutes west a distance of fifty feet; thence north forty degrees east a distance of six hundred feet; thence north twenty-one degrees fourteen minutes east a distanc: J of seven hundred thirty-eight and seven-tenths feet; thence north forty-seven degrees sixteen minutes east a ,jistance of two thousand seven hundred and eighty.feet, more or less, to the west line of the Miles

8958 .. CONGRESSIONAL. REQORD.-.. l!OUSE. JULY. 6. City water plant tract; thence south fifty:. two degrees thirty-one minutes east a distance of four hundred fifty-six and sixty. four one-hundredths feet, more or less, to the north right-of-way line of the Chicago, Mil• waukee, St. Paul & Pacific Railroad rightof-way; thence south forty-seven degre.es sixteen minutes west along said right-of-way a distance of one hundred sixty-eight and three-tenths feet, more or less, to the Chicago, Milwaukee, St. Paul & Pacific Railroad station 3204 plus 00; thencE! south forty. two degrees forty-four minutes east a distance of fifty feet; thence south forty-seven degrees sixteen minutes west along the north right-of-way line a distance of three thousand eight hundred feet, more .. or less, to th:e· Chicago, Milwaukee, St. Paul & Pacific Railroad station 3242 plus 00; thence north · forty-two degrees forty-four minutes . west a distance of fifty feet; . thence south fortyseven degrees sixteen minutes west a distance of one hundred forty-six and seven one-hundredths feet, more or less, . to the' point of beginning and containing thirtynine and seven one-hundredths acres, more. or less.

"Tract numbered 2. Beginning at a point on the south right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Rallroad opposite Chicago, Milwaukee, St. Paul and Pacific Railroad station 3243 plus 39.52, said point. b.eing south forty-five degrees fourteen minutes ·east a distance of nine hundred thirty-six and nineteen one-hundredths feet from the rock marking the corner of sections 31 and 32, township 8 north, range 47 east, Montana principal meridian, and sections 5 and 6, township 7 north, range 47 east, Montana principal meridian; thence north forty-seven degrees sixteen minutes east along the south · right-of-way line of Chicago, Milwaukee, St. Paul and Pacific Railroad a distance of nine hundred thirtynine and fifty-two one-hundredths feet, more or less, to tlie right-of-way jog; thence south forty-two degrees forty-four minutes east a distance of two hundred feet; thence north forty-seven degrees sixteen minutes east along the south right-of-way a distance of two thousand four hundied eleven and five-tenths feet, more or less, to boundary of tract granted to the city of Miles City for recreational and industrial purposes; thence south sixty degrees fifteen minutes east along the boundary of said .tract a distance of one thousand five hundred .sixty.six and twelve one-hundredths feet, more or less, to the southeast boundary of said tract, which point is also the north right-ofway line of United States Highways Numbered 10 and 12; thence south sixty-five degrees ten minutes east across said highway a distance of one hundred and ten feet to the south right-of-way· of United States. Highways Numbered 10 and 12; thence north twenty-four degrees fifty minutes east along said south right-of-way a distance of three hundred ninety-one and forty-five one-hundredths feet, more or less, to the point of curve highway station 207 plus 73.2; thence along the south right-of-way line of United States Highways Numbered 10 and 12, along the arc of a circular curve through an angle of eight degrees twenty minutes and a radius of one thousand eight hundred and sixty feet (or chord length two hundred seventy and four-tenths feet north twenty-nine degrees east) to the intersection of said south highway right-of-way line with tract C; thence south sixteen degrees fifty minutes west along the west boundary of tract C, a distance of one thousand two hundred sixty-seven and twenty-nine one-hundredths feet, more or.less, to monument numbered 3 or tract C; th~nce south seventy-three degrees ten minutes east a distance of one thousand seven hundred seventy-eight and ninety-seven one-hundredths feet, more or less, to the north right-of-way line of th~ Northern Pacific Railway.; thence south

forty-one degrees thirty minutes west along the north boundary of the Northern Pacific. Railway right-of-way a distance of six thousand two hundred sixty and sixty;.five onehundredths feet, more or less, to the intersection of the south right..:of-way line of the United States Highways Numbered 10 and 12 with the north right-of-way line of the Northern Pacific Railway; thence northeasterly along the arc of a circular curve radius nine hundred and five feet through an angle of thirty-four degrees forty-two minutes to the end of curve highway station 145 plus 43.1; thence north twenty-four degrees fifty· minutes east a distance of one thousand eight hundred four and seven-tenths feet; thence north forty-five degrees fourteen minutes west a distance of three thousand three hundred and thirty-five feet, more or less, to the point of beginning and containing three hundred forty-three and fift'y-six one-hundredths acres, less fourteen and sixty-seven one-hundredths acres for highway right-of-way, or three hundred twenty-· eight and eighty-nine one-hundredths acres, more or less. ·

"Tract numbered 3. Beginning at a point on the south right-of-way of the Northern Pacific Railway, said point being south fortyfive degrees six minutes thirty-three seconds east a distance of twelve and eighty-one onehundredths feet · from the quarter corner of section · 5 and section 8, township 7 north, range 47 east, Montana; principal meridian; ' thence north forty-one 'degreeli thirty minutes east along the south right-of-way line of the Northern Pacific Railway, a distance of five thousand one :hundred eighteen and sixty-seven one hundredths feet; thence south forty-eight degrees thirty minutes east a distance of five hundred feet; thence south forty-ene degrees thirty 'minutes west a distance of five thousand one hundred fortyeight and three-tenths feet; thence north· forty-five degrees six minutes thirty-eight seconds west a distance of five hundred and eighty-seven one-h~ndredths feet _to the point of beginning and containing fifty-eight and ninety-two one-hundredths acres; more or less.

"Said patents shall contain a reservation to the United States of all gas, oil, coal, and other mineral deposits as may be found in such lands and the right to the use of the lands for extracting' and removing same . .

"SEc. 2. Upon conveyance of the abovedescribed tracts the Secretary of the Interior is authorized and directed to grant the city · of Miles City an easement for right-of-way purposes· to the following-described tract of public land, to wit:

"Beginning at a point on the southwesterly boundary of the proposed industrial site, said point being south forty-five degrees fourteen minutes east four thousand forty-seven and eighty-one one-hundredths feet, more or less~ from the rock marking the corner of section~ 31 · and 32, towns:p.ip 8 north, range 47 east, and sections 5 and 6, township 7 north, range 47 east; thence south twenty-four degrees fifty minutes west parallel to the United States Highways Numbered 10 and 12 and one hundred feet at right angles thereto a distance of one thousand eight hundred eighty and eighty-six one-hundredths feet, more or less, to the end of curve highway station 145 pl'l.~s. 43.1; thence along the arc of a circular curve with a radius of one thousand one hundred and fifteen feet through an angle of thirty-six degrees fiftyfive and one-half minutes or an arc length of seven hundred eighteen and sixty-one onehundredths feet, more or less, to the section line; thence south one hundred forty-five and thirty-five one-hundredths feet, mox;e or less,, to the north r~ght-of-way line of .the Nor~hern Pacific R~ilway; thence north fortyone degrees thirty minutes east along said north raiJroad right-of-way line to the prese~t nqr~:p. pighway r!g!l_t-:of-way_ Jj.~~_; j;h_ence. along the north highway right-of-way line

to the intersection o! the southwesterly boundary of the proposed hidustrial site; thence north forty-five degrees fourteen minutes west a distance of one hundred six and thirty-seven one-hundredths feet to the point of beginning and containing ·fourteen and sixty-seven one-hul).dredths acres, more or less."


The bill was ordered to be engrossed. and read a third time, was read the third time, and passed, and a motion to reconsider ·was laid on the table. COOPERATION IN RECREATIONAL USES

OF LANDS -AND WATERS

The · Clerk called the bill <H. R. 4403 > to facilitate the administration by the. .Secretary of the Interior, in cooperation. with other Federal, State, . and local agencies, of the recreational . u~es of. lands and waters within .. ·reclamation, fi.ood-control, power, and other Fede~! reservoir projects.

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

Mr. WHITE of Idaho. Mr. Speaker,. reserving the right to object, I should· like to have an explanation of the "Qill.

Mr. PETERSON. The pur..pose of the bill, Mr . . Speaker, is to provide orderly· development, administration, and dis-. posal of recreational facilities witQ,in recreation, fi.ood-control, power, and oth-. er reservoir projects. This is in order to coordinate these. uses, instead of havipg. agencies fighting among themselves. It is to have one agency handling these different projects~ to set forth a formula~determined by . the. Congress. We· c,iid' provide an amendment because under the law certain projects are now handled by the Army englneers, We placed in the bill a specific exemption. of those types _of projects, so as .not · to have conflict between the two agencies. We also inserted a definite proyision with ref er-. ence to local groups, tf there should be local groups involved. -

Mr. WHITE of Idaho. The main object of this bill is to authorize the payment of fees for the use of recreational facilities on these Government projects?

Mr. PETERSON. That is not definitely set forth. Of course, in· some areas there are charges for boating and that sort of thing. In others there are not. Someday Congress may have to determine a definite policy with reference to charges. ' . ' Mr. WHITE of Idaho. This bill does provide for the collection of admission fees and charges for the use of recreational facilities on these projects and recreational areas?

Mr. PETERSON. They have that right at the present time under the present law and they do charge in some parks and recreational areas. This does not change that. The agencies can charge at the present tinie. This is m,erely try7 ing to coordinate and have an orderly handling of these facilities. I hope my friend will not object, because this is needed. It will prevent fighting between the various department's and allow co• operation. It is' .in line with the objec-.: tives the Congress arid the Committee on Public Lands have been working . on SQ lon.g." ~ · · - · · · · · · · ·

1949 CONGRESSIONAL RECORD-HOUSE. g959· Mr. WHITE of Idaho. I am opposed to

charging admission fees for . the ·use of recreational facilities in projects set up at public expense.

Mr. PETERSON. I am well aware of the gentleman's views along that line, and there is considerable merit to his views, but this will not change the law with respect to that. We are not making any provision in reference to that. I hope the gentleman will not object.

Mr. WHITE of Idaho. I withdraw my reservation of. objection, Mr.-Speak-er.

Mr. McGREGOR. Reserving the right to object, Mr. Speaker, I note the distinguished gentleman referred to the Army engineers. Did they appear before his committee with reference to this bill, and were there any objections?

Mr. PETERSON. They appeared and we took care of their situation.

Mr. McGREGOR. They are in accord with the b111?

Mr. PETERSON. They suggested the . amendment we included. on page 2: - ·Provided -further, That the provisions of this act shaU not apply to projects under the supervision of the .Department :of .the Army.. . ·

Mr. McGREG0R. · This . is satisfac-tory to them? · · · - Mr. PETERSON. This is satisfaetory to them. , Mr. BYRNES ·of - Wisconsin. Mr. .Speak.er, further reserving --th'.e right to ·object, I wonder· wheth~r the. gentleman from ·Florida could· advise us ·whetl)er or not it is contemplated that some' funds wiH be expended and tha~ som.e · ~ost will be incurred to the Federal Govern• ·ment by reason of the passage of this ·bill.

Mr. PETERSON. · No ·· more · than would. be · normally . · e~pended~ - · The areas are administered ·by· · ori-e agency or the other, ·anyway; ·at -the · present time, and we do not contemplate .any increase. In other words, there would. be one agen-cy ·instead of seve·rar agencies. ' Mr. BYRNES of Wisconsin. · It' is my understanding that this bill :does -call Jor an authorization of appropriation.

·Mr. · PETERSON. · That is r.ight. : :· · Mr .. B¥"RNES of Wisconsin. -·,The".gen·tleman ·says that is correct? · Mr: PETERSON. : That ls correct. · Mr. -BYRNES of Wisconsin. And there is no limitation .upon that author'izatfon, is that correct?

Mr . . PETERSON. The only - limitation is on the .functions which would be ·performed. -At the present time -those functions are performed by some of the agencies. In other . words, when you set up these areas, some particular agency handles it. Sometimes it might be the Corps of Engineers, and sometimes the Park Service, and sometimes even the Irrigation and ·Reclamation Service itself. But this will enable them to work out an agreement and it will cost no more money, and probably less, than if we had half a dozen agencies running around doing the same work.

Mr. BYRNES of Wisconsin. Can the gentleman advise why we have not received a report from the Bureau of the Budget on this legislation? . ·

Mr. PETERSON. The Bureau of the Budget has been rather slow in report-

ing on these various bills. They · have· waited a long time and we felt that this was needed because at the present time some of these areas have not a definite policy worked out. It is in accord, I will say, with what the Committee on Public Lands has been working on for several years to coordinate the activity rather than have half a dozen agencies· running the same work.

Mr. BYRNES of ·Wisconsin. Mr: Speaker, I am heartily in accord with the gentleman's purpose as carried out in this legislation. However, I think· it is a most unwise policy to have such bills as this on the Consent Calendar providing for an open-end authorization for appropriation, in additio.n to the fact that we have no report whatever from the Bureau of the ·Budget. Under such circumstances I must ask that the bill be passed over without prejudice.

Mr. PETERSON. Mr. Speaker,-! hope that my colleague will not ask that the bill go over without prejudice because it is really needed. It has been gone into thoroughly. by the _ committee and is a unanimous report by our committee. . Mr. DINGELL. Mr .. Speaker, will the

gentleman withhold his request.? Mr. BYRNES of Wisconsin . . Yes. Mr. DINGELL. · I should like to say

that my understanding of this bill is that there ·is nothing here that does. not ~iready exist in law, so'.far as a~thori.iatioµs · o+: appropriations .- are . concerned. -I mean ·this is ·ari esseritiaf pa-rt of this -pi:ogram. If you are going . to take any action whatsoever, you have to provide for an ~u~horization for _2.n approprjation, but it does not mean that it ad<is any additional api:>ropriations: You have to have authority ln connection with this -legislation; am· I~ correct?

Mr. PETERSON. - My · colleague is right. The authorizations which have been -passed at-different-times-exist for the different agencies -and -are more:· or less in line with the recommendati-Ons made by the Hoo.ver Commission to coordinate governmental .activities .. For ill:stance, the· Department of the Interior might. be runping one ,. activity. and ~he Irrigation. and Reclamation Department might be handling it or ·the Park Service might ·be handling it: . . .

This allows the Park Service -to work .out contracts as between - the tureaus. And you will have the departments .han·.dling the funds .which have already been appropriated, rather than have . addi-tional appropriations. It is necessary. to . carry this out, but there would be no other appropriations, and it would probably cost less in the long run.

Mr. BYRNES of Wisconsin. Mr. Speaker, as I said before, I certainly am in hearty accord with the objectives of the gentleman as proposed in this bill. However; I do think we must assure ourselves and take this slight precaution to know what we are doing as far as au-:thorizing .the expenditure of funds and not place the full burden of all these responsibilities on the Committee on Appropriations in connection with an appropriation bill. I think, certainly, since this is an open-end and a blanket authorization, we should at least have the views of th~ B:u~eau of the Budget on this legislation, and therefore I renew my

request that this bill be passed over without prejudice.

The SPEAKER pro tempore <Mr. WHITTINGTON). ' Is there objection to the request of the gentleman from Wisconsin?

There was no objection. · FUR LABELING

The Clerk called the bill <H. R. 5187) to protect consumers and others against misbrand~ng, false advertising, and false invoicipg of fur products and furs.

Mr; VAN ZANDT. Mr. Speaker,. re:. serving the right to object, I would-like to ask the author of the bill if this is the fur labeling bill that was . before us in the Eightieth Congress.

Mr . . O'HARA · o·f Minnesota. This bill has .· been amended tQ me.et some. of the criticism of the.industry. I do not mean to say that it meets the· satisfaction of ·all of the industry but -it was reported unanimously by the subcommittee and the entire Committee on Interstate and Foreign Commerce. It has been amended. --· Mr. ' VAN· ZANDT. ·Mr. Speaker, I would like to have· an opportunity to fur'- · their study this legisla:tion. I · ask unanl_m9us cons·ent that.it be passed o-ver with:. _out prejudice. '

The SPEAKER pro tempore. Is there :ohjectiOn to the r&tuest of the gentfoman from Penn.Sylvania· [Mr. VAN ZANDT]? · . . There was Iio o~jectiO~. _APPROP-RIATION FOR THE CITY OF POL-

.SON, ·MONT.

· The Clerk called the bill <H. R: 2869) to'· authorize' an ~appropriation .in aid of a system of drainage and sanitation for· the city of Polson, Mont. . · --The SPEAKER pro· tempo re' ... Is ·there objection-to the present J consideration ·of the b·m? · · , · . . · · - · _ . · · - ·There: being no objection, th~ Clerk

· read the bill, as follows: · . . B~ it . enacted; etc., That -th~re ls. hereby authorized to be appropriated, OUt . Of °'any ·fundS . in tlie · Treasury. not· otlierwlse "appropriated, the sum of $100,000 or so ·much ·the'reof ·as . may be ' rieces8ary ·for- the' repair and, rehabilitation · or. replacement of- the drainage structures of ·a system of drainage for· lands within and adjacent to the city of Polson, ' Mont., on the Fiathead · Indian Reservation, in sections 3, 4, 8, 9, and 10, township 22 north, range 20 west, Montana p'rlncipal meridian: Provided,· That the ·sa111 city or the residents in the affected area 'form a drainage-sanitation district and ' levy an ·assessment to provide additional funds to -eon vert the drainage lines in to a dual purpose system for drainage and sewer disposal pur-. p9ses and agree to take. title to the_ system and operate and maintain it in perpetuity.

SEC. 2. Nothing in this ac_t shall be construed as an admission of liab111ty on the part of the United States for damages that may be claimed by any property owner as resulting from seepage ·in the affected area.

With the following committee amend~ ment:

Page 2, at the end of the blll, insert· "and the drainage-sanitation district formed pursuant to section 1 hereof shall specifically agree to hold the United States harmless against any and all damage claims that may be asserted by property owners of the area."


sooo CONGRESSIONAL RE.CO~D-. HOUSE JULY 6 The bill was ordered to be engrossed

and read a third time, was read the third time, and pa_.ssed, and a motion to recon-sider was laid on the table. -BRIDGES ACROSS FRANKLIN CANAL AT

EL PASO, TEX.

The Clerk called the bill <H. R. 3285) authoriZing the replacement and reconstruction by the Bu'.reau of Reclamation

,of certain bridges across the Franklin Canal of the Rio Grande project of the Bureau of Reclamation, within the city of El Paso, Tex., and authorizing appropriation for tbat purpose.

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


Be it enacted, etc., That the Bureau of Reclamation is authorized to replace and reconstruct existing bridg~s acr~s the Fr~m):tlin Canal of the Rio Grande project of the Bureau of Reclamation at the intersections with said canal of Piedras Street, Raynor Street, Estrella Street, Stevens Street, Hammett Boulevard, Tobin Avenue, Val Verde Street, Eucalyptus Street, Graroa Street, and Boone Avenue in the city of El Paso, Tex., according to plans and specifications to be agreed upon between the Bureau of Reclamation, the Texas State Highway Depart'." ment, and ·the city of El Paso, Tex. Said reconstruction and replacement may be performed by the B.ureau of Reclamation by force account or by contract, or partly by force account, and partly by contract, or oy contract with the Texas Highway Depart-ment or the city of El Paso, Tex., providing for the payment to either of such agencies of the actual construction cost of such bridges.

SEc: 2. There is authorized to be appropriated the sum of $275,000 for the purpose

·of carrying out the provisions of secti~n 1 of this act, to be nonreimbursable, and to be available for all expenditures authorized by acts appllcable to tlie Bureau ot Reclamation.


Page l, line 7, after the word "Boulevard", insert "Tobin Place." - · ··

Page 1, line 8, after the word "Avenue", insert "Verde Avenue."

Page 2, line 5, insert after the word "Texas" the following: "Provided, That before any funds appropriated pursuant to the authority of this act are expended, the city of El P.i.so shall have bound itself to take over, operate, and maintain, without expense to the United States, such bridges as are reconstructed or replaced pursuant to the terms of this act together with all bridges heretofore constructed by the Bureau of Reclamation at points enumerated in that certain ,ordinance and deed passed and executed respectively on November 9, 1939."

Page 2, line 20, after the word "appropriated", insert "out of any moneys in the Treasury not otherwise appropriated." -

The committee amendments were agreed to.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to recon--sider was laid Qn the _table. · TAXATION OF' INDIAN LAND HOLDINGS

OF LODGE GRASS, MONT.

The Clerk called the bill CH. R. 5034) to authorize the taxation of Indian land holdings in the town of Lodge Grass,

Mont., to assist in financing a municipal water supply and sewerage system. ·


There being no objection, the cferk read the bill, as follows:

Be it enacted, eta., -That all Indian land (whether or not restricted land or land purchased with restricted funds of Indians) within the corporate limits of the town of Lodge Grass, Mont., in the Crow Indian Reservation, now or hereafter owned by, or held in trust for individual Indians or tribes of Indians, shall be subject to taxation to assist in financing the construction and maintenance of a municipal w.ater supply and sewerage system for such town.

With the following committee amend-ments: ·

Page l, line 3, after the word "whether", strike out the words "or ·not." ·

Page l, line 6, after the word "Reservation", strike out "now or."

Page l, line 6, after the word "hereafter", strike out the words "owned by, or held in trust" and insert. the word "acquired."


The bill was ordered to be engrossed and read a third time~ was read the third time, and passed, and a motion to reconsider was laid on the t~ble. FORT SUMNER IRRIGATION DISTRICT,

NEW MEXICO

The Clerk called 'the bill (S. 276) to authorize a project for the rehabilitation of certain works of the Fort Sumner irrigation district in.New Mexico, and for othe:r purposes. ,

·The SPEAKER. Is -there objection to the present consideration of the bill?· . ¥r. GUNNING~. ~r. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

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

There was no objection. PUBLIC IMPROVEMENTS IN ALASKA

The Clerk called the bill <H. R. 940) to authorize public improvements in Alaska, and for other purposes. ·

The SPEAKER. Is there objection to the present consideration· of the bill? · - Mr. CUNNINGHAM. Mr. Speaker, this bill calls for e~tirely too much money to be considered on the Consent Calendar. I am also advised that there is pending before the Rules Committee a request that ·a rule be granted on this bill.

I therefore ask unanimous consent that the bill be passed over without prejudice.

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

There was no objection. AMENDING CERTAIN PROVISIONS OF THE

INTERNAL REVENUE CODE

The Clerk called the bill <H. R. 5268) to amend certain provisions of the Internal Revenue Code.


Mr. CUNNINGHAM. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

The SPEAKER. Is there objection to the request of the gentleman from Iowa [Mr. CUNNINGHAM]?

There was n·o objection.

VERMEJO RECLAMATION PROJECT, NEW .MEXICO

The Clerk called the bill <H. R. 3788) to authorize the Secretary of the Interior to construct, operate, · and maintain the· Vermejo reclamation project, New Mexico.

The SPEAKER. Is there objection to the pre.sent consideration of the bili?

Mr. FORD. Mr. Speaker, I ask unanimo~s consent that this bill be passed over without Rrejudice.

The SPEAKER. Is there objection to the request of the Rentleman from -Michigan [Mr. FORD]?

There was no objection. INJ?IAN LIQUOR LAWS

The Clerk called the bill <H. R. 3282) to repeal certain acts of Congress, known as Indian liquor laws, in certain parts of Minnesota . .


M;r. CU:tjNINPH.A¥. _Mr. si)eaker, i ask unanimous consent that this bill be passed over without prejudice.

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

There was no objection. SURPLUS ARMY DEPARTMENT OWNED

MILITARY REAL PROPERTY AT FORT LOGAN, COL0.

The Clerk daiied the bill (H. R. 4548) to provide for the utilization as a national cemetery of surplus Army Dep·artment owned military real property at Fort Logan, Colo. · · ·

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

Mr. CUNNINGHAM. Mr .. Speaker, I ask unanimous consent that this bill be passed ·Over without. pr-ejudice.

The SPEAKER. Is there objection to the request of the gentleman fr.om Iowa?

There was no objection .. AMENDMENT OF MIGRATORY BIRD

HUNTING STAMP ACT

The Cle;rk called. the bill <S. 1076) to amend the Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat. 451; U. S. C. '718b), as amended.

Mr. McGREGOR. Mr. Speaker, upon the request of my colleague who cannot be with us today l ask unanimous consent that this bill may be passed over without prejudice.

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

There was no objection. AID TO STATES IN FISH RESTORATION

AND MANAGEMENT PROJECTS

The Clerk called the bill <H. R. 1746) to provide that the United States shall aid the States in fish restoration and management projects, and for other purpose_s.

Mr. BYRNES of Wisconsin. Mr. Speaker, I ask unanimous consent that this bill may be passed over without prejudice.

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

There was no_ objection. UNITED STATES ;MERCHANT MARINE

ACADEMY

The Clerk called the bill <H. R. 242) to provide tor the c'onf erring of the degree

1949 CONGRESSIONAL RECORD-HOUSE 8961 of bachelor of science upon graduat~s of the United States' Merchant Marine Academy.


Be it enacted, etc., That the act of May 25, 1933, as amended, relating to the conferring of degrees upon graduates of the Naval Academy, Military Academy, Coast _ Guard Academy, and _ Merc~ant .Mai:ine Aca_demy,_be amended to read as follows:

"The Superintendents of the United States Naval Academy, the United . States Military Academy, the United States Merchant Marine· Academy, and the United States Coast 'Guard Academy may, under such rules. and regulations as the Secretary of the Navy, the Secretary of the ' Army, the United States Maritime Commission, and the Secretary of the Treasury·, respectively, may. prescribe; c.onfer the degree of bachelor of science upon a:ll graduates of their respective academies,' from and after the date of the. accrediting of said academies.. On and after the date of the accrediting of the said academies the superintendents of the respective academies may, under such rules and regulations as the respective Secretarie.s, or the Maritime Commission, may make, confer _the degree of bachelor of science upon .such other Jiving graduates of the respective academies as shall have met the requirements of the respective academies for such degree.':

. The bill was ordered to be engrossed and read a third time, was read tP,e. third time, and passed, and a motiop .to recon-sider was laid 0-!1 t1:?-e ta'.ble. · EXTENDING TO COMMISSIONED OFF:ICERS .

OF COAST AND GEODETIC SURVEY PROVISIONS OF ARMED FORCES LEAVE AQT OF 1916

The Clerk called the bill <H. R. 2572) to extend to commissioned officers of the Coast and Geodetic Survey the provisions of the Armed Forces Leave Act of 1946.

Mr. CUNNINGHAM. Mi~. Speaker, ·re..: : serving the right to object, I shoul_d like to call upon the author or some member · of the committee to inquire abo"ut this bill · and to ask whether or not this' will ·have · the effect of extending the same privileges .to other employees of the Federal Government. I notice by reading the bill that members of the Coast and Geodetic Survey are to be given the same provisions in the matter of leave as the members of the armed forces. Does this act change the policy of the Government by opening the door and extending this privilege to other employees .of the Federal Government, giving them the same leave provisions as the members of the armed forces now have?

Mr. GARMATZ. No; it does not. Mr. CUNNINGHAM. Is the gentle

man sure of that? · Mr. GARMATZ. Yes; and I may say

that a similar bill passed the House during the last session of Congress.

Mr. CUNNINGHAM. Mr. Speaker, I withdraw my reservation of objection.


There being no objection, the Clerk read the bill, as follows: --

Be it enacted, etc., That the act of August 9. 1946 (60 Stat. 963), as now or hereafter amended, relating to the granting of annual leave and compensation for leave accumu- -lated in excess of 60 days on August 31, 1946, shall apply to commissioned officers of the -Coast and Geodetic Survey to the same extent and with the same relative conditions

as are provided therein for commissioned officers of the armed forces: Provided, . That the term "Secretary" as used in such Act shall mean, in the case of commissioned officers of the Coast and Geodetic Survey, the Secretary of Commerce: And provided ·turther, That in any case in which a commissioned officer of the Coast and Geodetic Survey on active duty on September 1, 1946, excepting officers on terminal leave on that date, had to his credit ·on August 31, 194.6, accumulated or accrued leave aggregating in excess of 60 days, sueh leave in excess of 60 days not· subsequently taken shall be settled and · compensated for in cash on the basis of the rate of· pay and allowances applicable to such omcer. on August 31, 1946, if application is made therefor to the Secretary of Commerce -Within 1 year "after the date of approval of this ac~ · · - SEc. 2. Funds appropriated .. by _ the ·act · of August 8, 1946 .(Public Law 663, 79th Cong.), to enable the President to carry out the provisions of the Armed ·Forces Leave Act of 1946, are hereby made available for carrying out the provisions of this act and may be allotted to the Department of Commerce by transfer to and merger with appropriations .thereof or otherwise, in such aµiounts as may be determined by the. Director of the Budget.

SEC. 3. The provisions of this act shall be ~ffective_ from August 9, 1946.

Th~ bill was ordered t~ be engrossed and read a .third time, was r.ead-the third time,, and passed, and· a motion·to rec_onsider was laid on the table. AGUA CALIENTE INDI~ · RESERV,A-TION,

CALIFORNIA

The Clerk ·calle-d the bill <H. R. 5310J fo -confer jurisdictio.n . on the State of California over the lands and residents of tl,le Agua Caliente· Indian Reservation in said State, and for other purposes ..

There being no objection, the Clerk read the bill, as follows: ·

Be it ·enacted, etc., That ~n and after ... Jc,nuary l, 1950, all lands located- on- the Agua Ca.liente Indian Reservation .in -the State of

· California, a:nd ·the Iil,diaJ!'. resi.de»-ts thereof, , shall be subject to the laws, civil and 'criminal, of the State of California, but nothing contained in this section shall be construed to authorize the alienation, encumbrance, or taxation of the lands of the reservation, or rights of inheritance thereof whether· tri- . bally or indiVidually owned, so long as the title to such lands is held in trust by the United States, unless such alienation, encumbrance, or taxation is specifically authorized by the Congress.

SEC. 2. ·Notwithstanding the allotment in severalty to Indians of the Agua Caliente Indian Reservation, and subject to the provisions of section 4 of this act, no valid and existing permit covering lands located on the · reservation, the terms of which have been fully m~t by the permittee, shall be terminated without ·the consent of the permittee prior to July 31, 1950.

SEC. 3. That when, and as may be desired, by the Agua Calievte Band as to unallotted land, and by an allottee as to allotted land, the following described land in said reservation may be leased, for the purposes indicated herein, and subject to the approval of the Secretary of the Interior, for a term not longer than 25 years, with an option to renew for a like period on a reasonable rental basis: ( 1) Sections 26 and 35, township 4 south, range 4 east, and section 2, township 5 south, range 4 east, San Bernardino base and meridian, for the development and maintenance of a golf course and country club; (2) lots 3, 4, 13, and 14 in section 14, township 4 south, range 4 east, San Bernardino base and meridian,-for the development and maintenance of a mineral spring spa, and an Indian

trading .post and museum; and .(3) sections 12, township 4 south, range 4 east, · and section 18, township 4 south, range 5 east, San Bernardino base and meridian, for the preservation, extension, and development, as a municipal airport for the city of Palm Springs, and as an aid to national security of the airport which was constructed and maintained by the Federal Government in its prosecution of Woi;ld War II. _

SEC. ·4. The city of Palm Springs .in Riverside County, Calif., with the approval of the Secretary of the Interior, and subsequent to an appropriate resolution adopted by the business committee of the Agua Caliente Band giving. approval, is hereby granted an easement 60 feet in width -for public use, and the widening and improvement of Indian Avenue · along and ·upon section 14, township_ 4 south, range 4 east, San Bernardino base and meridian; in said- city, said easement generally following and adjoining the west section line, but during its middle portion, ·for the isolation and preservationof the Indian Hot Springs and the palm trees in said area, the center line of said easement shall follow an arc having a radius of 1,270 feet, the center and most easterly portion of the arc being 140 -feet east of the quarter _section corner . of . s.aid . sec.tion. 14. Said city also is granted an easement for similar purposes along and upon the westerly 10 feet 'of said section 14, lying within . the

· arc. Said improvements shalli be made at· the expense of said city: Provided, That any holder of a valid permit covering land affected by the said· widening ,of Indian Avenue shall be entitled to. just compensation fro.m said city of Palm Springs for the. detri-. ment suffered; taking into consideration benefits deriving fr6m sucli improvement.

With the fOllowing committee. amend~ ments:

Page 2, line 4, following the .word "Notwithstanding", insert the words "any other provision of law or."

Page 2, line 11 through page 3, line 6, strike out all of section 3. _. .

Page 3, line 7, renumber. ~'SEC. 4" to read . "SEC. 3."

· Page 3, line 10; following .the word. "Band", insert the words "of Mission Indians._,..

. 'The committee amendments ·were agreed to. ,

The bill was ordered to be engrossed and read a . third time, was read the · third time, and passed, and a motion to reconsider ·was faid on t°p.e table. DiSTRICT COURT FOR THE TERRITORY

OF ALASKA

The Clerk called the bill (S. 70) to make effective in the District Court for the Territory of Alaska rules promulgated by the Supreme Court of the United States governing pleading, practice, and procedure in the district courts of the United States.


Be it enacted, etc., That a new section be inserted in the act entitled "An act making further provision for a civil government for Alaska, and for other purposes", approved June 6, 1900 (31 Stat. 321), as amended, im- · mediately following section 5 of title I thereof, to read as follows:

"5a. That the rules heretofore or hereafter promulgated and made effective by the Supreme Court of the United States under authority of title 28, United States Code, section 2072, or under authority of any other statute, regulating the forms of process, writs, and motions, and the pleadings, practice, and prccedure, in actions of a civil nature in -the district · courts of the United States, and regulating appeals therefrom, shall apply to the District Court for . the

8962 CONGRESSIONAL RECORD-HOUSE JULY 6 Territory of Alaska. and to appeals therefrom."


Insert the following new section at the end of the bill:

"SEC. 2. The first paragraph of section 2072 of title 28, United States Code, ls amended to read as follows: . "'The Supreme Court shall have the power to prescribe, by general rules, the forms of process, writs, pleadings, and motions, and the practice and procedure of the district courts of the United States and of 1;he District Court for the Territory of Alaska in civil actions.'"

· The committee amendment was agreed to.

The bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. FEES, EXPENSES, AND COSTS OF JURORS

The Clerk called the bill (S. 1042) relating to the payment of fees, expenses, and costs of jurors.


Be it enacted, etc., That the second, third, and fourth paragraphs of section 1871 of title 28 of the United States Code, entitled ''Judiciary and Judicial Procedures,'' are hereby amended to read as follows:

"For actual attendance at the place of trial or hearing and for the time necessarily occupied in going to and from such place at the beginning and end of such service or at any time during the same, $7 per day, except that any juror required to attend more than 30 days in hearing one case may be paid in the discretion and upon the certification of the trial judge a per diem fee not ex.ceeding $10 for each day in excess of 30 days he is required to hear such case.

"For the distance necessarily traveled to and from a juror's residence by the shortest practicable route in going to and returning from the place of service at the beginning and at the end.of the term of service and for all additional necessary dally transportation expense, 7 cents per mile, except that if daily travel appears impracticable, subsistence of $5 per day shall be allowed. Whenever in any case the jury ls ordered to be

· kept together and not to separate, the cost of subsistence during such period shall be paid by the United States marshal upon the order of the court in lieu of the foregoing subsistence allowance.

"Jury fees and travel and subsistence allowances provided by this section shall be paid by the United States marshal on the certificate of the clerk of the court, and in the case of jury fees in excess of $7 per diem, when allowed as hereinabove provided, on the certificate of the trial judge."

SEC. 2. The act entitled "An act relating to the payment of fees, expenses, and cost of jurors,'' approved June 25, 1948 (ch. 652, 62 Stat. 1016), is hereby repealed.


• Page 2, strike out all of line 22, and on page 8 all of lines 1 and 2.


The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. TRAVELING EXPENSE ALLOWANCES FOR

GOVERNMENT EMPLOYEE WITNESSES

The Clerk called the bill <H. R. 4875) . to amend title 28 of the United States

Code relating to travel expense allowances for Goverriment employee wit-nesses. .

There being no objection, the Clerk read the bill, as f ollowl):

Be it enacted, etc., That the first sentence of section 1823 (a) of title 28 United States Code, is amended by striking out "5 cents" and "$6" and inserting 1n lieu "7 cents" and "$9", respectively. ·

With the following committee amend-1

ment: Insert at the end of the bill the follow

ing: "Accordingly said section 1823 (a) of title 28, United States Code, is amended to read as follows:

" 'SEC. 1823. United States omcers and employees: · "'(a) Any omcer or employee of the United States or any agency thereof, summoned as a witness on behalf of the United States, shall be paid his necessary expenses incident to travel by common carrier, and if travel 1s made by privately owned automobile mileage at a rate not to exceed 7 cents per mile, together with a per diem allowance not to exceed $9 in lieu of subsistence under regulations prescribed by the Attorney General. Such expenses for appearing as a witness in any case involving the actiVity in connection with which such person is employed, shall be payable from the approepriation otherwise available for travel expenses of such omcer or employee under proper certification by a certifying officer of the department or agency concerned.',,


The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. POLICING THE SUPREME COURT BUILDING

AND GROUNDS

Mr. CELLER. Mr. Speaker, I ask unanimous consent to return to No. 227 on the Consent Calendar, and the immediate consideration of H. R. 4948 relating to the policing of the building and grounds of the Supreme Court of the United States.

The Clerk read the title of the bill. The SPEAKER. Is there objection to

the request of the gentleman from New York?

Mr. MARCANTONIO. Mr. Speaker, reserving the · right to object, the gentleman agreed to make a statement in reference to this bill.

Mr. CELLER. Mr. Speaker, all this bill does, I may say to the gentleman from New York, is to apply the same rules to the Supreme Court building and its adjoining grounds as are now applicable to the Capitol itself-no more and no less.

The SPEAKER. Is there objection to the request of the gentleman from New York? ·


Be it enacted, etc., That the Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as special policemen, without additional compensation, for duty in connection with the policing of the Supreme Court Building and grounds and adjacent streets.

SEc. 2. Public travel in and occupancy of the Supreme Court grounds is hereby restrict ed to the sidewalks and other paved surfaces.

SEC. S. It shall be unlawful to offer or ~xpose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, . alms, subscriptions, or contributions therein.

SEC. 4. It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf in the Supreme Court Building or grounds.

SEC. 5. It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds.

SEC. 6. It shall be unlawful . to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or deVice designed or adapted to bring into public notice any party, organization or movement.

SEC. 7. (a) In addition to the restrictions and requirements specified in sections 2 to 6, inclusive, of this Act, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds.

(b) All regulations promulgated under the authority of this section shall be printed in -one or more of the dally newspapers published in the District of Columbia, and shall not become effective until the expiration of 10 days after the date of such publication.

SEC. 8. Whoever violates any proVision of sections 2 to 6, inclusive, of this act, or of any regulation prescribed under section 7 of this act, shall be fined not more than $100 or imprisoned not more than 60 days, or both, prosecution for such offenses to be had in the municipal court for the District of Columbia, upon information by the United States Attorney or any of bis assistants: Provided, That 1il. any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than 5 years.

SEC. 9. The special police provided for ln section 1 of this act shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 2 to 6, inclusive, of this act, of any regulation prescribed under section 7 of this act, or of any law of the United States or of any State or any regulation promulgated pursuant thereto: Provided, That the Metro .. politan Police force of the District of co .. lumbia are hereby authorized to m ake arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme C5>urt or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds .

SEC. 10. In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of t he United States may suspend for such occasions so much of the prohibitions contained in sections 2 to 6, inclusive, of this act as may be necessary for the occasion, but only if responsible officers shall bave been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building

1949 CONGRESSIONAL RECORD-HOUSE 8963 and grounds and of persons and property therein.

SEC. 11. For the purposes of this act the Supreme. Court grounds shall be held to extend to the line of the face of the east curb of First Street NE., between Maryland Avenue NE. and East Capitol Street; to the line of the face of the south curb of Maryland Avenue NE., between First Street NE. and Second Street NE.; to the line of the face of the west curb of Second Street NE., between Maryland Avenue NE. and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street NE. and Second Street NE.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the able. DECREE OF COMPETENCY FOR UNITED

STATES INDIANS IN CERTAIN CASES

The Clerk called the bill (H. R. 2724) to pro Vi de a decree of competency for United States Indians in certain cases.


Be it enacted, etc., That any Indian who is a citizen of the United States and who wishes to be freed of the disabilities and limitations specially applicable to Indians may, upon reaching the age of 21, apply to any naturalization court for the area in which he resides for a "decree or judgment of competency." The court shall set a hearing date not less than 30 days nor more than 60 days from the day it receives the application; and under regulations adopted by the court notify the head of the local, county, or parish governmental unit; the local welfare department of State, county, and city government; the superintendent of the applicant's tribe; and the head of the tribal council or other governing body, if a member of a tribe, or the Commissioner of Indian Affairs; and any other persons the court considers appropriate.

SEC. 2. At the hearing the court shall examine the applicant and may require the persons who appear before the court to give testimony in the matter of the applicant's competency to the court in determining the applicant's competency. The United States attorney of the district, and the attorney for the county or parish, in which such court is situated shall be given an opportunity to appear at such hearing and to participate in the examination of the applicant and other witnesses. In determining competency, the court shall conside!" significant factors bearing upon the applicant's moral and intellectual qualifications and his ability to manage his own affairs. If the court finds the applicant competent, it shall issue a decree of judgment of competency, freeing him of all disab111ties, and limitations specially applicable to Indians; and the recipient shall no longer be entitled to share any of the benefits or gratuitous service extended to Indians as such by the United States, except as to such services as are required under the provisions of this act. In the event the court denies a decree or judgment of competency, the applicant may file a new application one year following the date of denial. Upon the entry of a decree or judgment of competency to any applicant, such applicant shall file a certified copy thereof with the Secretary of the Interior who shall maintain such copy as a public record.

The form of a decree or judgment of competency under this act shall be substantially as follows:

DECREE OF COMPETENCY Whereas --------------• a member of the

(name of applicant) ------------ Tribe of Indians, has made ap(name of tribe) plication to the ------------ for a decree of

(designation of court) XCV--565

competency under the provisions of the act of Congress approved ------------:

(date of enactment) Now, therefore, this court, upon considera•

tion of such application and the evidence submitted in support thereof, finds and hereby declares the said ------------------ to be

(name of applicant) fully competent and capable of transacting ------- own business and caring for ------(his or her) (his or her) own individual affairs.

Done in open court this ---- day of ------·

--------------------· (Name of Judge) Attest: ------------------·

(Clerk of court) SEC. 3. When presented with a decree or

judgment of competency, the Secretary of the Interior shall within 90 days give the applicant full ownership and control of the money and property held in trust for him as an individual Indian by the Secretary; issuing, in the case of land, appropriate patents in fee, certificates or orders, provided the Secretary may make such provisions as he deems necessary to insure repayment of money loaned to the applicant by the Federal Government or by the tribe. If the individual Indian who has been adjudged competent holds Jointly or in common with other heirs an undivided interest in land the Secretary may in his discretion partition such land or, if he deems partition impracticable may sell the land or any part thereof and shall pay to the Indian or Indians their appropriate share or shares of the net proceeds of the sale.

SEc. 4. After receiving -a decree or Judgment of competency, the applicant, if a member of a tribe, shall continue on the tribal rolls as a member of the tribe. Any Indian who has been adjudged competent as herein provided shall in no manner be deprived of his or her tribal rights or treaty ·benefits; and in no way shall he or she be alienated from any benefits or payments of funds which may accrue to the tribe, band, group, or ward of the Federal Government through settlement of claims as provided in section 12, Public Law 726, approved August 13, 1946 (60 Stat. 1049). In case of the death of any member, his or her share shall descend to the heirs in accordance with the inheritance laws of the State wherein the tribe is located.

SEC. 5. Any Indian born after the date of the enactment of this act, who is a citizen of the lT"lited States, and any child or parents, either of whom has been issued a decree or judgment of competency shall, upon reach.; ing the age of 21 years be free of all disabilities and limitations S,Pecially applicable to Indians.


Page l, line 6, strike out the words "to any naturalization court for the area in which he resides for a 'decree or judgment of competency'." and insert in lieu thereof the words "in the manner provided in section 2, for a 'decree or judgment of competency'."

Page 1, between lines 7 and 8, insert the following language:

"SEC. 2. (a) The applicant shall first make written application to the Secretary of the Interior. The Secretary shall, within 90 days from the day on which such application is received, after considering significant factors bearing upon the applicant's moral and in\..Jllectual qualifications and his ability to manage bis own affairs, either approve such application and issue a 'decree or judgment of compet~ncy', or disapprove such application. Any such 'decree or judgment of competency' shall be similar in form to, and shall have the same effect as, the decrees and judgments issued by courts pursuant to section 3 of this act.

"(b) It the Secretary of the Interior disapproves an application within the 90-day period prescribed in subsection (a) of this section, or if he fails either to approve or disapprove an application within such period, the applicant may then apply to any naturalization court for the area in which he resides for a 'decree or judgment of competency'."

Page 2, line 7, renumber "Sec. 2" to read "Sec. 3."

Page 2, line 11, after the period, insert the following new sentence: "No court costs or filing fees shall be required of the applicant."

Page 2, line 17, delete the words "moral and."

Page 3, line 1, following the word "application'', insert the words "pursuant to the terms of this act."

Page 3, line 5, delete the period at the end of line and add the following: "and a certified copy thereof shall be furnished the Indian without cost."

Page 3, line 9, renumber "Sec. 3" to read "Sec. 4." Strike out the words "When presented with a 'decree or judgment of competency•, the Secretary of the Interior shall" and insert in lieu thereof the words "Whenever the Secretary of the Interior shall issue, or be presented with, a 'decree of judgment of competency', he shall."

Page 4, line 3, following the first word "in", insert the word "allotted."

Page 4, line 8, renumber "Sec. 4" to read "Sec. 5."

Page 4, line 9, strike out the word "shall" and insert the word "may."

Page 4, line 17, strike out the period and the words "In case." Strike out all of lines 18, 19, and the words "wherein the tribe is located" on line 20. Insert in lieu thereof a comma and the words "by reason of a 'decree of competency' obtained under the provisions of this act."

Page 4: line 21, renumber "Sec. 5" to read "Sec. 6."


Mr. MORRIS. Mr. Speaker, I offer an amendment.

The Clerk read as follows: Amendment offered by Mr. MoRRis: Page 4,

line 16, before the period, insert a colon and add the following: "Provided further, That the Secretary may make such provisions as he deems necessary to protect the rights, interest, and investments of lessees and permittees in any such land."


and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. QUITCLAIM DEED OF PALACE OF FINE

ARTS TO COUNTY AND CITY OF SAN FRANCISCO

Mr. HAVENNER. Mr. Speaker, I ask unanimous consent for the immediate consideration of the bill <H. R. 5289) authorizing the Secretar J of the Army to convey certain lands to the city and county of San Francisco.


the request of the gentleman from California?


Be tt enacted, etc., That the Secretary of the Army is authorized and directed to conve7 by quitclaim deed to the city and county of San Francisco, subject to the conditions provided for in section 2 of this act, the following-described land in the city and county of ::l2n Francisco. State of California_

8964 CONGRESSIONAL RECORD-HOUSE JULY 6 together with all improvements thereon, included within metes and bounds, as follows:

Comrr.encing at a point on the westerly line of Lyon Street, distant thereon five and seventeen one-hundredths feet southerly from the northerly line of Bay Street, if extended and produced westerly, and running thence northerly along the westerly line of Lyon Street one thousand one hundred ninety-six and eighty one-hundredths feet; thence southwesterly on a curve to the left of six hundred and twelve feet radius, central angle one hundred and fifty-five degrees forty-seven minutes and fifty seconds, tangent to a line defl.ect'ed one hundred and two degrees six minutes and five seconds to the left from the preceding course a distance of one thousand six hundred sixty-four and thirteen one-hundredths feet to the westerly line of Lyon Street and the point of commencement, containing nine and ninetythree one-hundredths acres, more or less.

SEC. 2. The deed of conveyance authorized by the first section shall provide that the grantee-

( 1) shall not hereafter amend or rescind C.rdinance No. 7531 (new series) duly passed by the board of supervisors of such city and county (permitting the United States to construct, maintain, and operate in perpetuity a spur track railroad);

(2) shall convey to the United States perpetual rights of ingress and egress across the property as now enjoyed by the United States;

(3) shall permit the use of the main building situated on the property described in section 1 of this act by the State of California for National Guard purposes.

In the event that the grantee shall fail to conform to such conditions, the deed of conveyance shall cease to be of force and effect and all rights enjoyed by the United States prior to the enactment of this act shall again accrue to the United States. ·

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. CONVEYANCE OF NORTHERLY PORTION

OF FORT FUNSTON MILITARY RESERVATION

Mr. HAVENNER. Mr~ Speaker, I ask unanimous consent for the immediate consideration of the bill (H. R. 5328) authorizing the Secretary of the Army to convey certain lands to the city and county of San Francisco. -

The Clerk read the title of the bill. · The SPEAK:ER. Is there objection to

the request of the gentleman :from California?

There being no objection, the Clerk read the bill, as fallows:

Be it enacted, etc., That the Secretary of · the Army is authorized to convey by qu'itclaim deed to the city and county of San Francisco, for public park and recreational purposes, 42 acres of land, more or less, in the city and county of San Francisco, State of California, being that portion of the Fort Funston Military Reservation situated north of the northerly boundary of land heretofore transferred by the Secretary of the Army to the Veterans' Administration, the exact description of land to be conveyed to be determined by the Secretary of the Army. · SEC. 2. The deed of conveyance authorized by section 1 of this act shall provide as follows:

a. That the United States shall reserve to -itself the right to use and occupy for so long as is necessary all those living quarters and appurtenances thereto now located within the area to be conveyed, together with the free and fulL· right of ingress to and egress from said quarters.

b. That the city and county of San Francisco shall grant to the State of California the use, for a period of 99 years, of approximately 7 acres of the land herein provided for conveyance for the purpose of erection thereon by the State of California of National Guard facilities, and that the activities of the National Guard on such land shall not be of such nature as would, in the judgment of the Administrator of Veterans' Affairs, interfere with the care and treatment of patients in the Veterans' Administration hospital to be erected on lane! adjacent to the 42-acre tract referred to. in section 1 of this act: Provided, That the Administrator of Veterans' Affairs shall not preclude the following activities: (1) The construction of National Guard facilities; (2) the operation of motor vehicles; (3) the assembling, moving, or passage of uniformed personnel.

c. That there shall be reserved to the United States the existing water lines running through the property for so long as. the use thereof may be required.

That there shall be reserved to the United States, for use by the Veterans' Administration, a 25-foot easement along the easterly portion of the property, the exact location of which is to be determined by the city and county of San Francisco, the Department of

. the Army, and the Veterans' Administration. e. That there shall be reserved to the

United States such additional easements, of whatsoever nature, as may be determined necessary by the Secretary of the Army.

f. That there shall be reserved to the United States all interest in and to any oil, mineral, or fissionable material in said land.

g. For such other terms, conditions, restrictions, and reservations as the Secretary of the Army shall deem necessary to protect the interests· of the United States.

SEC. 3. In the event of breach by the grantee of any of the terms, conditions, restrictions, and reservations contained in said deed, or if the property authorized for conveyance by section 1 of this act is used for any purpose other than mentioned in this act .. then title to the property shall revert to the United States and, in addition, au improv~ments made by the city and county of San Francisco or the State of California shall vest in the United States without payment of compensation therefor. ·

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. READJUSTMENT OF MEDICAL SERVICE

CORPS PROMOTION LIST

Mr. BROOKS. Mr. Speaker, · I ask unanimous consent to return to Calendar No. 207 and for the immediate consideration of the bill <H. R. 4449) to provide for cel'tain adjustments on the promotion list ~f the Medical Service Corps of the Regular Army. .

The Clerk read the · title of the bill. The SPEAKER. Is there objection to

the request of the gentleman from · Louisiana?

There was no objection. Mr. DEANE. Mr. Speaker, I ask unan

imous consent that a similar Senate bill, S. 1688, be considered in lieu of the House bill.


There being no objection, the Clerk read the Senate bill, as follows:

Be it enacted, etc., That, notwithstanding any other provision of law, upon the date of enactment of this act the names of all Medical Service Corps promotion-list officers shall be rearranged on the Medical Service Corps

promotion list so that within each gi·ade their names shall appear in the order of their precedence determined by the total amount of service creditable to them for promotion purposes under existing law and in cases of an equal amount of such service, the officer with the greatest amount of continuous commissioned service on the active list of the Regular Army shall have precedence, and, in cases where this is the same, precedence shall be in accordance with permanent seniority standing as e~tablished at time of original appointment in the Regular Army, and in cases not covered by the foregoing, precedence shall be established by the Secretary of the Army: Provided, That in rearranging the officers on the promotion list as provided in this act no officer who has once failed of selection for promotion under the provisions of any section of the Officer Personnel Act of 1947 shall have his name advanced above that of any other officer who was considered at the same time and selected for promotion to the grade involved.

The bill was ordered to be read a· third , time, was read the third time, and passed,

and a motion to reconsider was laid on the table.

A similar House bill <H. R. 4449) was laid on the table . EXTEND BENEFITS OF THE CIVIL SERVICE

RETIREMENT ACT

Mr. FORD. Mr. Speaker, I ask unanimous consent to return for immediate consideration to the bill <H. R. 3445) to repeal the provisions of the Alaska Railroad Retirement Act of June 29, 1936, as amended, and sections 91 to 107 of the Canal Zone Code and to extend the benefits of the Civil Service Retirement Act of May 29, 1930, as amended, to officers and employees to whom such provisions are applicable.

The Clerk 'read the title of the bill. The SPEAKER. Is there objection to

the request of the gentleman from Michigan?

There was no objection. Mr. TRIMBLE. Mr. Speaker, I ask

unanimous consent that a similar· Senate bill CS. 1359) . be considered in lieu of the House b111.

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

. There being .no objection, the Clerk .read the Senate bill, as follows:

Be it en:acted, etc., That (a) the Alaska Railroad Retirement Act of June 29, 1936, as amended, is hereby repealed, and all officers

· and employees of The Alaska Railroad, Territory of ~laska, who are subject to the provisions of said act are hereby included within the terms of the Civil Service Retirement Act of May 29, 1930, as amended.

(b) Sections 91 to 107 (comprising article 2 of chapter 6) of title 2 of the Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), as amended (known as the Canal Zone Retirement Act), are hereby repealed, and all officers and employees of the Panama Canal and the Panama Railroad Company, who are subject to the provisions of such sections, are hereby included within the terms of the Civil Service Retirement Act of May 29, 1930, as amended.

SEC. 2. (a') The United States Civil Service Commission is hereby authorized and directed to ascertain the amount of the gross assets in the Alaska Railroad retirement and disability fund and the amount of the gross assets in the Canal Zone retirement and dis-ability fund, and to certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to transfer such

1949 CONGRESSIONAL RECORD-HOUSE 8965 amounts on the books of the Treasury Department to the civil-service retirement and disability fund.

(b) In the case of each officer or employee described in section 1 of this act, the United States Civil Service Commission shall credit to his individual account in the civil-service retirement and disability fund an amount equal to all deductions withheld from his salary and deposited or redeposited by him under the Alaska Railroad Retirement Act, as amended, or the Canal Zone Retirement Act, as amended, together with interest compounded on June 30 of each year at 4 percent per annum to December 31, 1947, and at 8 percent per annum thereafter to the effective date of this act, and credit shall be allowed for the purposes of . the act of May 29, 1930, as amended, for the period of service covered by said contributions.

SEC. 3. Section 2 (a) of -the act of May 29, . 1930, as amended, is further amended by adding at the end thereof the following: "In the case of ar_ officer or an employee of the Alaaka Railroad, Territory of Alaska, or an officer or employee who is a citizen of the United States employed on the Isthmus of Panama by tne Panama Canal or the Panama Railroad Company, the provisions of this subsection shall apply upon his attaining the age of 62 years and completing 15 years of service on the Isthmus of Panama or in the Territory of Alaska."

SEC. 4. Section 4 of· the act of May 29, 1930, as amended, is further amended by adding at the end·thereof the following new subsection (f):

"(f) In the case of _an officer· or employee retiring under the provisions of this act, who is a citizen of the United States, the annuity otherwise co:µiputed under subsection (a) of this section shall be increased by an amount equal to $36 multiplied by the number- of years of service rendered in the Territory of Alaska between March 12, 1914, and July l, 1923, either in the employ of the Alaska Engineering Commission or The Alaska Railroad, or on the Isthmus of Panama between May 4, 1904, and_ A~ril l, 1914, either in the employ of the Isthmiaµ Canal Commission or the Panama Railroad Company."

SEC. 5. Section 8 of the act of May 29, 1930, as amended, is amended by adding at the end thereof · a new paragraph as follows:

"In the case of any officer or employee who, prior to the effective date 'of this act, shall have been retired on an annuity under the provisions of the Alaska Railroad Retirement Act, as amended, the Canal Zone Retireme~t Act, as amended, or section 8 (b) of the act of June 16, 1933, the annuity shall· be increased effective April 1, 1948, by 25 percent or $300 whichever is the lesser: Provided, That each such annuitant may, prior to the expiration of 60 days following . the date of enactment of this paragrapJ;l. elect · to ·~etain bis or her present annuity, in lieu of the increased annuity provided by this paragraph, rig.me his wife or her husband to receive upon his or her death one-half of his or her present annuity but not to ex.ceed $600 per annum during the remainder of the lif~ of such survivor and upon. the . death of such survivor no further annuity shall be due or payable. Any such annuitant who shall have died between the effective date of this act and the expiration of the said 60-day period after the enactment of this paragraph leaving a surviving wife or husband shall be deemed to have named such wife or husband to receive an annuity as provided herein, but no such annuity shall become payable to such wife or husband prior to the date of en· actment of this paragraph. 'Except as provided 1n this paragraph, the provisions of this act shall not apply in the case of officers and employees of The Alaska Railroad, Territory of Alaska, or officers and employees of the Panama Canal or the Panama Railroad Company (1) retired prior ' to the ·effective

date of this act, or (2) separated prior to such date, in which case their refund or an· nuity rights shall be determined as though the Alaska Railroad Retirement Act and the Canal Zone Retirement Act had not been repealed: Provided, That there shall be deemed applicable as of July 29, 1942, to such officers and employees of the Panama Canal and the Panama Railroad Company, the provisions of the act of July 30, 1947 ( 61 Stat. 521), respecting the return of amounts deducted from compensation."

SEC. 6. Section 9 of the act of May 29, 1930, as amended, is further amended by changing the period at the end thereof to .a comma and adding the following: "or for any service rendered for the Panama Rail• road Company prior to January 1, 1924."

SEC. 7. (a) Except as otherwise provided herein, this act shall take effect as of April 1, 1948.

(b) Section 1 (c) of the a.ct of May 29, 1930, as · amended, shall apply as of July 1, 1947, to any person separated from employment within the coverage of the Canal Zone Retirement Act, as amended.

(c) The third paragraph of section 5 of the act of May 29, 1930, as amended, shall apply as of September 8, 1939, to any person who left employment within the coverage of the Alaska Railroad Retirement Act, as amended, or the Canal Zone Retirement Act, as amended, to enter the armed forces of the United States.

(d) The provisions of section 12 (c) of the act of May 29, 1930, as amended, shall apply as of February 28, 1948, in the case of any officer or employee within the coverage of the Alaska Retirement Act, as amended, or the Canal Zone Retirement Act, as amended, who shall have died subsequent to that date.

The bill was ordered to be read a third time, was read the third.time, and passed, and a motion to reconsider was laid on the table.

A similar House bill <H. R. 3445) was laid on the table. AMEND TITLE 28, UNITED STATES CODE,

SECTION 90

Mr. HOBBS. Mr. Speaker, I ask unanimous consent to return for imme~ diate consideration to the bill <H. R. 5287) to .amend title 28, United States Code, section 90, to ceate a Swainsboro division in the southern district of Georgia, with terms of court to be held at Swainsboro.

',I'he SPEAKER. There was no objection.

The Clerk read the bill as follows: Be it enacted, etc., That subsection (c) of

section 90, title 28, United States Code is here~y amended t~ read as follows:

"SOUTHERN DISTRICT

" ( c) The southern ~!strict comprises six divisions.

"(l) The Augusta division comprises the counties of Burke, Columbia, Glascock, Lin- · coln, McDuffie, Richmond, Taliaferro, Warren, and Wilkes. ·

"Court for the Augusta division shall be held at Augusta.

"(2) The Dublin division compiises the counties of Dodge, Johnson, Laurens, Montgomery, Telfair, Treutlen, and Wheeler.

"Court for the Dublin division shall be held at Dublin.

"(3) The Savannah division comprises the counties of Bryan, Chatham, Etnngham, Evans, Liberty, Screven, and Tattnall.

"Court· for the Savannah division shall be held at Savannah.

" ( 4) The Waycross division comprises the counties of Atkinson, Bacon, Brantley, Charlton, Coffee, Pierce, and Ware.

"Court foi: the Waycross division shall be held at Waycross.

"(5) The Brunswick division comprises the counties of Appling, Camden, Glynn, Jeff Davis, Long, Mcintosh, and Wayne.

"Court for the Brunswick division shall be held at Brunswick.

"(6) The Swainsboro division comprises the counties of Bulloch, Candler, Emanuel, Jefferson, Washington, Jenkins, and Toombs.

"Court for the Swainsboro division shall be . held at Swainsboro."


Mr. CASE of South Dakota. Mr. Speaker, I ask unanimous consent to extend my remarks immediately following the passage of H. R. 2724.

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

There was no objection. PRIVATE CALENDAR

The SPEAKER. This is the day set aside for the call of the Private Calendar. The Clerk will call the first bill on the Private Calendar.

MABEL H. SLOCUM

The Clerk called the bill <H. R. 1132) for the relief of Mabel H. Slocum.


Be it enacted, etc., That the Civil Service Commission is authorized and directed to pay, out of any money in the civil service retiremen.t .and disability fund, to Mabel H. Slocum, of Hyattsville, Md., the widow of Rob R. Slocum, formerly an employee of the United States Department of Agriculture, an annuity equal in amount to · the annuity which she would have been entitled to receive had the retirement of the said Rob R. Slocum become effective on January 31, 1944, and had .he elected in writing, at the time of such retirement, to receive a reduced annuity payable after his death to said Mabel H. Slocum, as surviving beneficiary.


CECIL L. HOWELL

The Clerk called the bill m. R. 1493 > for the relief of Cecil L. Howell. ·


. Be it enacted etc., That the Secretary of the Treasury is authorized · and directed to pay; out of· any money in the Treasury not other .. wise appropriated, to Cecil L. Howell, District of Columbia, the sum of $208.45. Such sum represents reim'bursement to the said Cecil L. Howell for repairing, at his own cost, the water line and street in front of his home: Prcvided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlaWful, any contract to the contrary notwithstanding. A:ny person violating the provisions of this act .shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceedin_g $1,000.

With the following committtee amend..: ment:

Page 1, line 4, strike ·out "any money in the Treasury not otherwise appropriated" and insert "funds of the District of Columbia,".

8966 ·coNGRESSIONAL RECORD-HOUSE JULY 6 The committee amendment was agreed

to. The bill was ordered to be engrossed

and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

LENORA FARWELL FRITZLER

The Clerk called the bill <H. R. 3667) authorizing the Secretary of the Interior to issue a patent in fee to Lenora Farwell Fritzler. ·


Be it enacted, etc., That the Secretary of the Interior is authorized and directed to issue to Lenora Farwell Fritzler, of Billings, Mont., a patent in fee to the followingdescribed lands on the Crow Indian Reservation, Mont. : The northwest quarter, the west half of the southwest quarter, and the west half of the west half of the southeast quarter in section 35; the west half, and the north half of the northeast quarter of section 26; the north half of the northwest quarter of section 25; the south half of the south half of section 23; and the south half of the southwest quarter of section 24, township 5 south, range 37 east, Montana principal meridian, containing one thousand acres.


~age 1, line 7, strike out "west" and insert "east."

Page 2, at the end of the bill, insert the following: ": Provided, That when the land herein described is offered for sale, the Crow Tribe, or any Indian who· is a member of said tribe, shall have 90 days in which to execute preferential rights to purchase said tract at a price offered to the seller by a prospective buyer willing and able to purchase."

The committee amendments were agreed to. .



The Clerk called the concurrent resolution <S. Con. Res. 21) favoring the suspension of deportation of certain aliens.

There being no objection, the Clerk rea'd the concurrent resolution, as follows:

Resolved · by the Senate (the House of Representatives concurring), That the Congress favors the suspension of deportation in the case of each person hereinafter named, in w:tich case the Attorney General has sus- · pended deportation for more than 6 months:

A-2185102, Acquavella, Antonio. A-4011166, Aiello, ·vincent. A-4011184, Aiello, Lucia. A-4453010, Aloia, Salvatore. A-7740785, d'Amonville, Emanuel Marie

Joseph Jean Francois. A-7740786, d'Amonville, Christian. A-4644994, Amoruso, Grazia (nee Grazia

Pasqua di Bisceglie) . A-37222899, Anderson, Asta Emily Regine,

or Asta Emilie Andresen (nee Ruud), or Asta Olafsen or Asta Andresson.

A- 1648169, Assuncao, Manuel Joao. A-5357948, Atha, Miles Milton. A-6664398, Baquera, Ernesto. or Ernesto

Vacquera or Ernesto Baquera Lozano. A-6669933 , Becerra-Gonzales, Jesus Ceria-

co. A-6727087, Becerra-Luna, Maria de la Paz. A-6264273, Bileca, Fanica (nee Shunda). A-6670872, Castaneda. Maria Dolores. A-6670871, Castaneda, Maria del Socorro.

A-2574948, Castellanos, Eduardo, or Eduardo Lara-Castellanos aka Eduardo Lopez.

A-4815632, Cutaia, Antonio, or Tony Ro-mano or Signor Cortez.

A-5142007, Dahl, Albert Guy. A-4681069, De Oliveira Manuel. A-9767908, Didyk, Eugeniusz, or Eugene

Didyk. A-2032071, Dimitrakis, Georgias, or Geor

gias Dimitrios Dimitrakis or George D. Dimitrakis.

A-6317358, Dix, Joan Nicolae (alias loan Nicolae Dix) .

A-3120753, Donakis, Angelo, or Evangelos Helidonakis.

A-4295490, Effrof, Edla Johanna Karjuner, or Edith Kari (nee Edla Johanna Karjunen) or Edla Johanna Virtanen or Virta or Stream.

A-7575699, Embiricos, Leonidas Nicholas. A-7750757, Engvik, Hans. A-4929077, Erdmann, Ernest August (alias

Ernst Erdmann). A-1330623, Fraser, Walter Frederick {alias

Walter Fraser, alias Walter Frazar). A--3176332, Fuchs, Fannie, or Fay (nee

Kalichman). A-1840024, Garza, Santiago. A-3634312, Gerardes, James A., or Deme-

trios Antoniou Gerardes. · · A-4795400, Glick, Simon Isaac (alias Simon

Gleek .or Simon John Gleek). A-4457666, Goldman, Annie. A-6758100, Gonzales, Juanita. A-6758101, Gonzales, Tomas. A-6-758102, Gonzales, Rosaura. A-5679140, Guerrero, Gloria Maria (nee

Jiminez y Jansen). . _ .l\-59.69421, Gurcke, Werner.

A-2181722, Hall, Henry Ellis. A-4535822, Heffron, Pearl (nee Pearl Shep

pard, alias Pearl Loftus, alias Pearl Venn). A-5655944, Hiltunen, Muisto Olavi {alias

Muisto Ola vi Vihko). A--3220432, Hoke, Abdul, or Abdul Hoque. A-6171122, Imperato, Annunziata. (nee Bru,.

nelli). , A-4365425, Isaac, Adolphus, or Sam Dolly. A-5568523, Johnk, William Hans, or Willi

Johnk. A-6375521, Kelsey, Alison Mary, formerly

Beaton. A-1505330, Kinnersley, Edward; Edward

Kinley. A-5927617, Kitchens, Eileen Patricia Ca

macho, or Ryder or Rider. A-9797134, Kourkoumelis, Gerasimos An

dreas. A-4745297, Kozigian, Shenorig (nee Hago

pian Shen orig Baboian, alls Siran Kozigian) . A--3578205, Kramer, Heinrich Emil, or

Henry Kramer. A--3482730, Kwan, Shih Tsun (alias Kwan

Shih Tsum or Steve Kwan) . A-5719776, Levinoff, Libby, or Libby Lee

(nee Libby Feinbrook). A-5719573, Levinoff, Elliott Ross (alias El

liott Ross Lee) . A-4197995; Madianitti, Guiseppe (alias

Joseph Madianitti). A-2366729, Mahler, Julius Arthur. A-5686325, Marek, Karel Antonio, or

Charles Antonio Marek or Karel Marek or Karel Demarchi.

A-1901066, Martinez, John Antonio, Juan Martinez; Jose Antonio Martinez.

55995/867, McKellar, Nettie Banks. A-2582942, Mendoza, Juan. A-2713177, Miah, Babu. A-5483484, Minatos, Magda, or Magda

(Magdalena) Bodnar (alias Katzarzyna Hirman).

A- 3716761, Muehl, George Paul, or George Muhl.

A-4792616, Muzumdar, Natverlal Thakordas.

A-1648893, Myrovitch, Dina (nee Schwartz) or Dina Myers or Ciubotarin.

A-1473785, Myrovitch, Sol, or Myrowitch or Myers.

A-3-993212, O'Connor, Margaret Blanch, or Margaret ·Miller (nee Thomas).

A- 4297753 , O'Neill, Ruby Florence (nee Rollins).

A-6261585, Papademetriou, Vasiliki (nee Lykomatis) .

A-6245752, Papageorge, Alexandra, or Alexandra Valasiou Evlogimenou.

A- 2443286, Pare, Lorenzo Joseph, or Lorenzo Joseph Perry.

A-2704508, Pasternak, Sophie, or Sophie Gorzelany or Catherine Gorzelany.

A--3171910, Patselas, Jacovos Pantelis, or Jacob Patseias or Jacob Loizos.

A-5542627, Pavlinik, Milan, or John Pauer (alias Pavlinic).

A-9632212, Pelcic, Nikola. A-5513435, Pereira, Jose Dias, or Jose or

Joe Dias. A-6684136, Peroulas, Demetrious Ioannou

(alias Demetrious John Peroulas). A-4284336, Petrolo, Francesco, or Frank. A-4661066, Pisani, Clemente. Salvatore·

(alias Salvatore Pisani or Salvator~Clemente Pisani).

A-490376(>', Poulsen, Poul Borge (alias Paul Poulsen). .. A-6343693, Procopis, Vas111k1 (nee VaslUke

.Dountas). A-4363045, Quintana, Benito, or Benito

Quintana Seara. A-6180043, Quintana, Enrique. A.:..6180042, Quintana, Belia. A-9512159, Rahaman, Abdul. A-5068980, Rizzardi, Giovanni. Lugi, or

John Louis Rizzardi. A-6505643, Roberts, Patrick Francis Wil-

liam, or Mickey Roberts. A-9610837, Roco, Alvaro. A-6459201, Rosa, Jorge Antonio de la. A-6610928, Salina, Isabel Maud (nee

Isabel Maud Greenough). A-4949886, Sanseverino, Guiseppe, or

Joseph Sanseverino. A-4428632, Scheinbaum, Abraham Louis,

or Abe English. A-5105914, Schjenken, Heleµ, or Nellle

Rogers. A-3761910, Schwartz, Edith Mary, or Edith

Mary Warry (nee Teams). A- 5953442, Scognamiglio, Ciro. A-4627147, Scott, Walter Clarence. A-4002534, Semaria, Charles, or Simaria

(alias Sabatai Semaria, alias Januarez Benni to or Juan Saurez).

A-5261007, Shever, Hanna Weston, or Anna Weston.

A-3385679, Shu, Enid Alicia. A-6409906, Siewierski, Michael, or Michael

Sedeski. A-6437559, Siewierski, Vera, or Vera Sedeski.

A-6437558, Siewierski, Anne Justine aka Sedeski.

A-6437557, Siewierski, Angeline Mary Siewierski aka Sedeski.

A-4587423, Simm, Arthur Primrose. A--3639654, Sugai, Penina Rita (nee Penina

Rita Cohen) . A-6552969, Sullivan, Wendy Kay. A-4368591, Tamm, Salme Alice. A-4076861, Tsangaris, Anthony or Antonios. A-2713770, Tschudi, Barbara, or Tschudy

(nee Treumpy) or Babette Tschudi. A-5138276, Tursich, Erminia (alias Herman

Yursich). A-2159905, Ulluh, Tomiz (alias Wasil Ali). A- 2734013, Vagianos, Angelos Michael. A-6690302, Valenzuela, Aurelio, or Aurelio

Valensuella. A- 6690304, Valenzuela, Tiburcio Benjamin,

or Benjamin Valenzuela or Benjamin Valensuella or Benjamin Valesuella.

A-6690303, Valenzuela, Jesus, or Jesus Valensuella.

A- 6409902, Vanderweerd, John. A-6331341, Wajntal, Mojzesz (alias Mark

Wein) . A- 7522626, Wing, Laura Mei-Lan Yee. A-7632267, Wong, Lin You, or Lin Yao

Huang. - A-6446635, Wong, Helen (alias Quang Tung {Tong) Marr or Mah or Helen Marr or Mar).

1949 'CONGRESSIONAL RECORD-HOUSE 8967 A-1379566, Zamudio-Lemos, Hilario. A-6239400, Zamudio-Soto, Ramon. A-5397099, Zeid, Fanny. A-5316226, Zeid, Max, formerly Zagdenwar. A-7501012, Zetting, Mary Theresa, or Rob-

ertson, Robinson, Smith.

The concurrent resolution was agreed to.

A motion to reconsider was laid on the table.


The Clerk called the concurrent resolution (8. Con. Res. 22) favoring the suspension of departation of certain aliens.

There being no objection, the Clerk read the concurrent resolution, as follows:

Resolved by the Senate (the Ho·use of 'Representatives concurring), That the Congress favors the suspension of deportation in the case of each person hereinafter named, in which case the Attorney General has suspended deportation for more than 6 n:i.onths:

A-9771331, Aase, Aksel. A-1609228, Arline, Mary Jean Hartley, or

Jean Hartley. A-1219242, Athansiu, George John, or

Georgios Athanasiu or Athanasiou. A-4854961, Attard, Emmanuele. A-3520682, Barreiros, Manuel Lopes, or

Manuel Lopes. . A-9658310, Blackstone, Harry Hyman. A-2914281, Blohme, Christian. · A-5439241, Bruck, Charlotte (nee Grosz). A-4523939, Buras, Kyriaki, or Kyreaki or

Kyreai Buras or Moskos or Prokopios (nee Panagaki).

A-9545512, Canoura, Jos~ Davila. A-3998473, Carreon, Juan. A-6619105, ·carrillo, Ramira, or Ramiro

Carrillo Ceniceros. A-3767452, Astorga, Marta Del Refugio, A-4608943, Cavanna, Santo. A-6261650, Car.tis, Maria (nee Papapan

giotou, or Maria Athansiou Papapangiotou. A-5916075, Donaghy, Patrick. A-4439870, Collins, Alice Mildred Eileen

(nee Copping). . A-6690300, Farkas, Stephen. A-6690301, Farkas, Edith (nee Edith Tama-

say-Czepan). . A-2970268, Franceschi, Sergio Constantino. A-7655442, Geerts, Arjen Johan. A-2801732, Granberg, Oscar Herbert. A-4121781, Gregorio, Giovanni. A-4103261, Guha-Thakurta, Leelabati, or

Leela Rodman or Ranu Devi. A-6214495, Gunn, Maria Lok. A-5796741, HaH, Ida Ruth (nee Dorfman). A-9706110, Hansen, Bjarne. A-6261538, Jianakas, Marika (nee :Papa

kostantinu aka Marika Giannakos) (nee Mary Johnson) .

A-4226353, Johnson, Albert Nathan. A-5780662, Jones, Edgar Robert. A-3469233, Kaminski, Stanley Geor~ (alias

Stanislaus Wladislaw Kaminski). A-3269191, Lausch, Eduard. A-6249442, Lekas, Alexandra or Alexandra

Lekkas (nee Bargi). A-6425302, Lopez-Garcia, Alfredo. A-619253~. Majia, Evangelina. A-6054209, Maletis, Mary, or Mary Maletiou

or Maria Pantelis or Maria S. Cholakedes. A-5172340, Marmorato, Pasquale or Patsy. A-6475719, Mary, Dorothy (nee Taylor

Simpson). A-5506972, Mcclave, · Mary Agnes . (nee

Spence). A-9632483, Miettinen, Kaarlo Vilho. A-6246458, Nazaretlan, Felice. A-6070328, Newgard, Esther (nee Gold

stein), alias Esther Haimovitch, alias Esther Katz.

A-5414622, Nimeth, Margaret (nee Margaret Barta) , alias Margaret Semon.

A-9740975, ·0lsen, Arnold Emmanuel (alias Arnold E. Olsen) .

A-4552326, Parsons, Robert Joseph, or Robert Parsons. ·

A-4264159, Perivolaris, Nicolaos or Lignos or Nick Peris or Pares or Nick John Peres.

A-3334747, Philpin, Bridget, or Bessie or Bridget Gallagher.

A-2970069, Pina, Francisco, or Joao Andrade.

A-6285765, Plevritis, Constantine Elias. A-6040048, Provo, Rose Marie, or Mary

Margaret French or Margaret Franche. · A-1670564, Reifenkugel, Helene, or Helene Bergstraesser.

A-2493860, Roberts, Irene, or Irene Gluck. A-1446003, Rodrigues, Joaquim, or Joaquim

Rodriguez. A-3183742, Rousku, Terho Otto. A-4873047, San, Wong Siu, or Mrs. Mary

Wong, or Wong Shee or Mrs. Chong (Cheung) or Wah Chuen.

A-2087806, Scialpi, Luigi, or Louis Scalpi. A-9513664, Sobkowiak, Jan. A-6645635, Spitzer, Blima (nee Hers). A-5368957, Tabah, Jacob (alias Charles

Belmonte). A-4875571, Tabah, Esther or Belmonte (nee

Mitrani). A-4677697, Hecht, Dora or Donna (nee

Tabah), or Belmonte. A-9561362, Tellefsen, Harold Stefanus. A5406230, Thomopoulos, Demetrios or

James, or James Moskos or James Thomas. A-6151164, Tracy, Maria Pacita. A-2755717, Tranoris, · Eleftheri .con.stan-

tinos. A-6345270, Tushinis, Maria. A-6659024, Vafias, Apostolos. A-6057885, Vincencio-Abogado, Antonio, or

Antonio Abogado Vicencio. A-9568998, Vlachos, Theodore, or Theodore

J. Blahos or Theodoros Vlachos. A-4587936, Weiss, Hilda Edith (nee B111-

1ng). A-5064038, Wheeler, Estefania (nee Bon

dad). A-6360238, Whittle, Robert Albert (for-

merly Anderson). A-6174003, Wojciech, Thaddeus. A-6174056, Kowalski, Stanley Hubert. A-7782660, Woodman, Flora Eileen Kath-

rine .(nee McDonald). . A-4928605, Zarate, Jacoba Petronella (nee

Fruin). '




The Clerk called the concurrent resolution (8. Con. Res. 40> favoring the suspension of deportation of certain aliens.

There being no objection, the Clerk read the concurrent resolution, as fol-lows: ·

Resolved by the Senate (the House of Representatives concurring), That the Congres:- favors the suspension of deportation in the case of each alien hereinafter named~ 1n which case the Attorney General has suspended deportation for more than 6 months.

A-5912573, Buschbell, Hans George Albert or Thomas Bell or Tommy Bell.

A-9670171, Elgesein, Olav Asbjorn or Elgesen.

A-9836680, Fox, W1lliam. . A-6334051, Katsimpas, Fokion (alias Fokion

Intzes alias Frank Katshnpas) • A-9644210, Nilson, Ragnar. A-9831301, Paps, Jan. A-6454899, Sarkiss, Marie (nee Marie

Takessian) . A-6049961, Chavolla, Jesus. A-6703246, Christie, Lewis George.

A-5886536, Costa-Ferrandiz, Ricardo. A-9541562, Gregorio, Jose Gomes. A-9777524, Intartaglia, Michele Antonio. A-9632484, Kugis, Janis Osvalds. A-6709421, McLean, Horace Josiah. A-9769285, Micouleau, Guy Jacques, or Guy

Micouleau. A-6374360, Salomonsen, Frede Therp, or

Ole Frede Therp Salomonsen. A-6746111, Theodorakis, James, or Dimi

trios Michael. A-6491799, Tsitsinopoulos, Roula (nee

Harlsmagoglou formerly Bolla) . A-6151590, Andersen, Helge Viggo. A-6702832, Delgado, Manuel, or Manuel

Delgado Hernandez. A-5719288, Di Filippo, Attillo Guiseppe.

(alias Attilio Guiseppe Difilippo alias Jack Di Filippo alias Di Filippo) .

A-6063721, Espinoza, Nicolas. A-6764661, Garbin, Stanko.

. A-9706006, Hamon, Albert Noel. A-7552259, Ignotus-Veigelsberg, Lily, or

Lily Ignotus (nee Berenyi). A-9566153, Kamstra, Gerardus Andreas. A-6703255, Lafayette, Benedict Wilberth. A-6294498, Lianopoulos, Georgios, or

George Anastase Lianopoulos. A-9745492, Matisons, Dimitrius, or Dimt

trius Matisons or Mike Matisons or Mijta Matisons.

A-6642394, Mesa, Jesus. A-6642393, Mesa (de) Ysidra Morales, or

Ysidra Morales. A-6315317, Mora, Jesus Antonio Beltran,

or Jesus Antonio Beltran or Francisco Beltran Mora.

A-9552697, Nilsson, Nils Erik Gunnar. A-9573925, Paap, Gijsbertus Eilheimus. A-1607205, Pajaczkowski, Theodore Niko-

dem. A-6267890, Pang, George (alias Pang

Wing). A-6639459, Philipou, Dimitrios (alias James

Phillips). A-9696268, Ricaux, Lionel Fernand. A-9610538, Ronning, Kristian Alf. A-9526246, Rosand, Ole Martinsen, or Ole

Anskar Martinsen Rosand. A-6255942, Schneider, Abraham, or Abra

ham Schneider Feldman. A-9759876, Sibilo, Johan Cesar.

A-6704359, Tallas, Elias Peter. A-6743673, De Torres, Maria Luisa Palos,

or Severa Palos. A-5881523, Drakopoulos, Ioannes, or John

Drakopulos. A-9836988, Fook, Cheng, or Tom Fook or

Cheng Fu. A-6364440, Friedenbach, Mateus. A-5971016, Herpmann, Eric Alfonse. A-6345769, Jassimides, Georgia (nee Voy-

adjoglou). A-6311453, Lissauer, Nanette Elisabeth, or

Elisabeth Elenbaas. A-6307257, Medina-Uriarte, Francisco. A-6171959, Mooney, Eftychia Toutoulys, or

Eftychia Petrou Modinos or Effie Mooney. A-6758541, Nanez, Everardo, or Everardo

Nanez-Gallardo. A-6758540, Nanez Mericia, or Mericia

Nanez-Ontiveros. A-6732250, Salloum, Hanna Elias (alias

John Elias Salloum). A-6658774, Shields, Hazel Winston. A-5919526, Sjogren, Leo Allan. A-1231356, Vakirdsis, Emanuel or Mike

Varkis. A-6090971, Vodarek, Anton. A-9581661, Wick, Hjordes Elise Olsen, A-6611814, Blanco, Refugio. A-5877886, Brackies, Elsie Alice Verna (nee

Elsie Hupchuk or Elsie Hipkins). A-4769437, Christopher, Norval. A-6379881, Dabbiero, Sara De Honestls Cag

giano (nee De Honestls) . A-6341304, Harris, Neil Guy Ridgway, or

Neill Harris or John Harris. A-9520275, Johnson, Albert. A-9799882, Leushkanoff, Alexander Alex

aich.

8968 CONGRESSIONAL RECORD-HOUSE JULY 6 A-5524752, Levin, Floresa. A-6569122, Mears, Wilfred Anthony (alias

Wlllie Mears) . A-6286426, Ornest, Saul Stanley. A-5870854, Phipps, Sarah Rebecca. A-5694935, Ramirez, Daniel, Daniel Ramirez

Reyes. A-6153759, Ramos-Suarez, Luis, or LuLs

Ramos-Flores. A-6075268, Rogers, Constancia Viola, or

Constancia Viola Robert. A-6596193, Sadez, Olga Genoveva. A-4436548,. Salguero-Martinez, Aristeo. A-6435630, Valenzuela, Lino. A-6361178, Westad, Borgild Eugenie Pat-

terson Sheipnes. -A-6550865, Collins, Petronella Dorothea

(nee Le Roux). · A-6438487, Hemmo, Emile, or Haviv Hem

mo. A-6407419, Iovine, Marcello. A-6232120, Johnson, Murie_l (nee Muriel

Bartlett) .· A-6678271, Pinedo-Valdez, Julian. A-7695210, Terboo, Arend Jan Hendrikus. A-6639352, Torres,. Jesus. A-6643321, Tor.res, de Luz Salinas. . A-5017267, Vigini, Giuseppe, or Joseph

Vigini. · A-6594747, Alatorre, Amado, or Amado De ·La Torre or Amado Alatorre Munoz.

A-5016270, Rabsatt, Ellice, Alexander. A-5932932, Rasbatt, Esridge Minovie (nee

Fahie). A-6284045, Spica, Giovanni Rosario, or

John Spica. A-6422507, Torres-Espinosa, Fidensio. A-6730881, Torres, Elisia Rojar, or Elisia

Rojas De Torres. A-9688512, Van Buren, Arend. A-6151257, Polo, Larry Nicholas, or Larry

Mitchell or Frank Wallace. A-6151395, Polo, Rubby Anne. A-6151396, Polo, Soffee Wallace. A-6040120, Salinas, Guadalupe Salinas.



EDMEA PACHO The Clerk called the bill <H. R. 1028)

to legalize the admission into the United States of Edmea Pacho.


Be it enacted, etc ., That the Attorn~y General is hereby directed to record the entry into the United States of Edmea Pacho at New York, N. Y., on November 5, 1947, as a lawful admission to the United States tor permanent residence for the purposes o1 the immigration and naturalization laws. The Secretary of State shall thereupon re• duce by one the immigration quota for Italy for the first year that such quota may be available.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. WILLIAM RIQHARD GEOFFR~ MALPAS

The. Clerk called the bill <H. R. 1038) for the relief of William Richard Geoffrey Malpas.


Be it enacted, etc., That the Attorney General be, and he is here by, authorized and directed to record the lawful admission for permanent i·esidence of William Rlc}Jard Geoffrey Malpas, as of May 2, 1945, the date on which he arrived at the port of San Pedro, Calif. From and after the date of the approval of this act, William Richard Geoffrey Malpas should _be deemed to be a lawfully admitted resident of the United States.


At the end of the b111 insert the following: "Upon the enactment of this act the Secretary of State shall instruct the proper quota-control omcer to deduct one number from the quota for Great Britain."

The committee amendment was agreed to. ·


ETHEL ROTH

The Clerk called the bill <H. R. 1447) for the relief of Ethel Roth.

There being no opjection, the Clerk . read the bill, as follows:

. Be it enacted, etc., That in the administration of the immigration laws Ethel Roth; a Hungarian national residing in Canada, shall,

·upon application at a port of entry into the United States, be admitted for . permanent

·residence as a ·returning immigrant without an immigration visa, provided she meets all

.the other requirements. ·of the immigration laws.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to re·consider was laid on the table.

MRS. SKIO TAKAYAMA HULL

The Clerk called the bill <H. R. 1679) for the relief of Mrs. Skio Takayama Hull.


Be it enacted, etc., That, notwithstanding any provision of law excluding from admission to the United States persons of races ineligible to citizenship, Mrs. Skio Takayama Hull, Japanese wife of Lovejoy Gordon Hull, a citizen of the United States and a veteran of World War I, shall be admitted to the

·united States for permanent residence upon application hereafter filed and without presenting an immigration visa or other travel documents, if she is otherwise admissable under the immigration laws. Upon the admission of the said Mrs. Skio Takayama Hull to the United States for permanent residence, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the Japanese quota for the first year such quota is available.


ELIZABETH AND LAWRENCE WONG

The Clerk called the bill <H. R. 1861) for the relief of Elizabeth and Lawrence Wong.

There being no objection, the Clerk read the· blll, as follows:

Be it enacted, etc., That the Secretary of State is authorized a;nd directed to cause immigration visas to be issued to Elizabeth Wong, the stepdaughter, and Lawrence Wong, the stepson, of Kwai Lun Wong, an American citizen and a resident of Honolulu, T. H., if they are found by the United States consul to whom application for visas are made to be ·admissible under the provisions of the Immigration Act of February 5, 1917, as amended (39 Stat. 874). Upon their admission to the United States, the Secretary of State shall instruct the proper quota-control ofllcer to deduct two numbers from the Chinese quota for the first year such quota 1s available.

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to recon.:. sider was laid on the table.

JOHN B. BOYLE

The Clerk called the bill <H. R. 2602) for the relief of John B. Boyle.


Be it enacted, etc., That, notwithstanding the· provisions of the eleventh category of

·. section 3 of the Immigration Act of 1917, John B . . Boyle, a native of Canada, may be .admitted into the U;nited States . for perma:nent residence if he is found otherwise ad

·missible under the provis1Gns of the immigration laws. · ·

With the ·following committee amend"merit:

Page 1, l~ne 4, after "191!7," insert ·"as .amended (39 _Stat. 87~78; 8 U. S. C. 136) ."

The committee amendment was agreed ·to. · ,

The bill was ordered to be engrossed and read a third time, was reaq the third time, and passed, and .a motion to recon-sider was laid on the table. -

CHARLES W. MILES ..

The Clerk called the bill <H. R. 2344) for the relief of Char.les W. Miles.


Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and directed to reimburse Charles W. Miles, of Union City, Tenn., in the sum of $1,000 representing the amount of a fine paid by him upon conviction of contempt of court for which offense he subsequently received a full pardon.


Page 1, line 4, after the word "to", strike out the remainder of the bill and insert in lieu thereof: "Pay out of any money in the Treasury not otherwise appropriated, the sum of $1,000 to Charles W. Miles, of Union City, Tenn., in full settlement of all claims against the United States as reimbursement of a fine paid by him upon conviction of .contempt of court for ~hich offense he subsequently recE:ived a full pardon: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deen:ed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."

The. committee amendment was agreed to.

·The bill was ordered to be engrossed and read a third time; was read the third time and passed, and a motion to reconsider laid on the table.

C. H. DUTTON CO.

The Clerk called the bill (H. R. 2608) for the relief of C. H. Dutton Co., of Kalamazoo, Mich.

There being no objection, the Clerk read ~e bill, as follows:

Be tt enacted, etc., That tbe Secretary of the Treasury is authorized and directed to pay, out of any mon(ly in the Treasury not otherwise appropriated, to the C. H. Dutton Co., of Kalamazoo, Mich., the sum of $4,200 representing the amount withl).eld by the

1949 CONGRESSIONAL RECORD-HOUSE 8969 United States from sums otherwise due the

·above . company i~ order to recover an ove~I .yment made by the United States on contracts Nobs-1188 and Nobs-1414 despite the fact that the same amount had theretofore been recovered as excessive profits under the Renegotiation Act: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or deli .. ered to or received by any agent or attorney on account of services rendered in connection with thJs claim, and the same shall be unlawful, any contra.ct to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdeµieanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.


MRS. FRANCES M. CARROLL

The Clerk called the bill CH. R. 3618) for the relie·f of the estate of Mrs. Frances M. Carroll, deceased, and Charles P. Carroll.


Be (t enacted, etc., That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated,· the sum of $12,500 to· the estate of Mrs. Frances M. Carroll, deceased, and to pay the sum of $22,500 to Charles P. Carroll in full settlement of all claims against the United States for the death of tlie said Mrs. Frances M . . Carroll and tor personal injuries, medical and hospital expenses, and future expenses sustained by Charles P. Carroll as a result of an accident involving a United States Army vehicle near Giessen, Germany, on November 10, 1948.


Page 1, line 5, strike out "12,500" and insert "5,000."

Page 1, line 6, strike out "to the estate of Mrs. Frances M. Carroll, deceased" and insert "to the legal guardian of Marcia Moss Carroll, a minor."

Page 1, line 7, strike out "22,500" and insert "14,859.24."

At the end of bill add ": Provided, That no part of the amount appropriated in this Act in excess of 10 percentum thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."



The title was amended so as to read: "For the relief of the legal guardian of Marcia Moss Carroll, a minor, and Charles P. Carroll." · ·


HELEN LOUISE OLES

The Clerk called the bill (S. 113) for the relief of Helen Louise Oles.


Be tt enacted, etc., That the Secretary of the Treasury is authorized and directed. to

pay, oµt of any money in the Treasury not otherwise appropriated, to Helen LoUise Oles, of Seattle, Wash., the sum of $5,000, in full satisfaction ·of her claim, other than !or property damages and for medical and hospital expenses, against the United States for compensation for personal injuries suffered and sustained by her as a result of an automobile accident which occurred on October 26, 1943, ·when the automobile in which she was riding on Unlted States Highway No. 10 in the State of Washington was struck by a tank-trailer being towed by a United States Army vehicle: Provided, That no part of the amount appropriated in this act ln excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on acc;:ount of services rendered in connection With this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and ·upon conviction thereof shall be fined in any sum not exceeding $1,000.

The bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

ARTHUR C. JONES

The Clerk called the bill (S. 275) for the relief of Arthur C. Jones.

Mr. POTIER. Mr. Speaker, I ask unanimous consent that this -bill be passed over without prejudice.

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

There was no objection. MRS. GERTRUDE H. WESTAWAY

The Clerk called the bill CS. 322) for the relief of Mrs. Gertrude H. Westaway, legal guardian of Bobby Niles Johnson, a minor.

There · being no objection, the Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary . of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Gertrude Westaway, legal guardian for Bobby Niles Johnson, a minor, of 522 South Front Street, Wilmington, N. C., the sum of •7.000. The payment of such sum shall be in full settlement of all claims against the United States on account of personal injury sustained by Bobby Niles Johnson as a result of being struck by an Army truck at Front and Ann Streets, Wilmington, N. C., on July 9, 1942: Provided, That no part of the amount appropriated in this ·act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.


GEORGE KRINOPOLIS

The .Clerk called the bill CS. 623) for the relief of George Krinopolis.


Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to George Krinopolla, of Waltham, Mass., the sum of $332.34, in full

satisfaction of his claim against the United States for compensation for accrued leave remaining to his credit at the date of his relief from active duty as a first lieutenant in the Marine Corps Reserve.

The bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. ·

JOHNW. CRUMPACKER

The C1erk called the bill <S. 1138) for the relief of John W. Crumpacker, commander, United States Navy.


Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to John W. Crumpacker, commander, United States Navy, the sum of $135.60, which sum represents the amount which it would have cost had shipment. been made at Government expense of certain of his household effects from Accomac, Va., to Michigan City, Ind., following the evacuation of, his dependents from TU.tuna, American Samoa, in January 1942: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by ·any agent or attorney on account of services rendered in connection 'with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.


MARION MILLER

The Clerk called the bill <S. 1167) for the relief of the estate of Marion Miller.


Be it enacted, etc., That the Comptroller General -0f the United States be, and he is hereby, authorized and directed to settle and adjust the claim or claims for paynient of the amount due the estate of Marion Miller, private, first class, Army of the United States, deceased, incident to his service in the Canadian Army which amount was paid to the United States by the Government of the Dominion of Canada, February 27, 1943, for his credit but which was erroneously paid by a United States finance officer to another individual of a similar name, and to allow in full and final settlement of the claim or claims not to exceed $59.58. There is hereby appropriated out of any money in the Treasury, not otherwise appropriated, the sum of $59.58, or so much thereof as may be necessary, for the payment of such claim or claims: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdeme.anor and upon conviction thereof shall be fined in any sum not exceeding $1,000.

The bill was ordered to be read a third time, . was read the third time, and passed, and a motion to reconsider was laid on the table.

HAYWARD 0 . BRANDON

The Clerk called the bill <S. 1266) for the relief of Hayward 0. Brandon.

8970 CON:GRESSIONAL RECORD-HOUSE JULY 6

Mr. SMITH of Wisconsin. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

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

There was no objection. MURPHY & WISCHMEYER

The Clerk called the bill <S. 1296) for the relief of Murphy & Wischmeyer.


Be it enacted, etc., That the Secretary ot the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to the firm of Murphy & Wischmeyer, of 911 Locust Street, St. Louis, Mo., the sum of $3,323.90, in full satisfaction of its claim !'1-gainst the United States for increased costs incurred in the performance of its architectural-engineering contract, No. WA-1064, dated January 5, 1942, with the Federal Works Agency, by reason of unavoidable delays on the part of other contractors in the construction and completion of the defense housing project at East Alton, Ill.: Provided, That I)O part of the amount appropriated in this act in excess of 10 perce·nt thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed gull ty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000.


MRS. GIOVANNA FOLLO DISCEPOLO

The Clerk called the bill <H. R. 5299) for the relief of Mrs. Giovanna Fallo Discepolo and her three children.


Be it enacted, etc., That (a) Mrs. Giovanna Fallo Discepolo, a natural-born citizen of the United States, born· in Bridgeport, Conn., on January 16, 1909, who lost citizenship of the United States by voting in an Italian election in 1946, may be naturalized by taking, prior to 1 year from the enactment of this act, before any diplomatic or consular oftlcer of the United States abroad, the oaths prescribed by section 335 of the Nationality Act of 1940, as amended.

(b) From and after naturalization under this act, Mrs. Giovanna Fallo Discepolo shall have the same citizenship status as that which existed immediately prior to its loss.


The title was amended so as to read: "For the relief of Mrs. Giovanna Fallo Discepolo."

A motion to reconsider was laid on the table. QUITCLAIMING CERTAIN PROPERTY AT

ENID, OKLA.

The Clerk called the bill <H. R. 5205) to quitclaim certain property in Enid, Okla., to H. B. Bass.


Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, authorized and directed to make and deliver a quitclaim deed to H. B. Bass in fee simple, insofar as any right, title, and interest of the United

States is concerned, in and to certain areas, hereinafter more particularly described, contiguous to the west half of· block 7 in Jonesville, an addition to the city of Enid, Okla., which latter property was conveyed by letters patent on March 17, 1947, recorded patent numbered 1121956, by the United States to the trustees of school district No. 57, Enid, Okla., and their successors in interest, pursuant to the act of April 13, 1946, entitled "An act to quiet title to certain school-district property in Enid, Okla." ( 60 Stat. 88) . Said areas are more particularly described as follows, according to the oftlcial plat of survey on file in the Bureau of Land Management for the town site of Jonesville, Okla., dated September 2, 1898, to wit: Seventeen feet abutting said west half of block 7 on the east and being the west seventeen feet of the alley in block 7 (vacated by the city of Enid, Okla.); fourteen and one-half feet abutting said west half of block 7 on the north and being the south fourteen and onehalf feet of L Street between the west half of block 7 and the west half of block 4 (vacated under the name of Walnut Street by the city of Enid, Okla.); and twelve and one-half feet abutting said west half of block 7 on the south and being the north twelve and one-half feet of K Street between the west half of block 7 and the west half of block fourteen (vacated under the name of Oak Street by the city of Enid, Okla.).

The bill was ordered ·to be engrossed and read a third time, was read the third time, and passed, and a motion to recon'sider was laid on the table.

COL. DAVID R. WOLVERTON

The Clerk called the bill <H. R. 588) for the relief of Col. David R. Wolverton, United States Army, retired.


Be it enacted, etc., That Col. David R. Wolverton, United States Army, retired, is hereby relieved of any and all alleged indebtedness due the United States as stated, or on account of any transactions referred to, in Certificate of Settlement No. US-15292 issued by the General Accounting Office under date of July 22, 1946, plus interest, or in any other statement of account against the said Colonel Wolverton for or on account of transactions forming the basis of indebtedness growing out of transactions referred to in said settlement of July 22, 1946.


MRS. KATHERINE GEHRINGER

The Clerk called the bill (H. R. 3598) for the relief of Mrs. Katherine Gehringer.


Be it enacted, etc., That the Secretary of the Treasury ls authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs. Katherine Gehringer, Egg Harbor City, N. J., the surn of $1,021.45. The payment of such sum shall be in full settlement of all claims of the said Mrs. Katherine Gehringer against the United States on account of personal injuries sustained on August 12, 1940, when she was struck by a Works Progress Administration truck at the intersection of Claudius Street and San Francisco Avenue, Egg Harbor City, N. J.


Page 1, line 10, strike out "Works Progress" and insert "Work Projects."

Page 2, line 2, after the word "New Jersey", insert "Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000."


The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to nconsider was laid on the table.

ALBERT M. LEWIS, JR.

The Clerk called the bill <H. R. 2475) to authorize and diiect tbe Secretary of the Interior to sell to Albert M. Lewis, Jr., certain land in the Sta~e of Florida.

There being no objection,, the Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of .the Interior, upon application in writing filed within 6 months: after the effective date of this act, is authorized and directed to convey to Albert M. Lewis, Jr., of Panama C'ity, Fla., fractional section 34, township 3· south, range 16 .west, Tallahassee meridian, Florida. Such conveyance shall be made upon the payment , within 1 year after the · effective date of this act, of a price to be fixed by the Secretary at not less than the fair value, as determined by the Secretary, of the land to be conveyed. The conveyance shall be subject to valid existing rights initiated under the public-land laws and shall- contain· reservations to the United States of (1) all fissionable source materials, upon the conditions and limitations prescribed by the act of August 1, 1946 (60 Stat. 755), and (2) all oil, gas, and other mineral deposits, together with the right to prospect for, mine, and· remove the same under such regulations as the Secretary of the Inter~or may prescribe . .


Page 1, line 6, after the comma following the word "Florida", insert the following: "that part of."

Page 1, line 8, after the word "Florida", strike out the period, add a comma and the following: "Not to exceed 21h acres, upon which is situated the house now held by the said Albert M. Lewis, Jr."

Page 2, line 1, strike out the words "shall be subject to valid existing."

:i;>age 2, line 2, strike out the :words "rights initiated under the public-land laws and."

Page 2, line 3, at the beginning of the line add "a"; strike out the letter "s" from the word "reservations" and also strike out the last three words, "all fissionable source."

Page 2, line 4, strike out the entire line. Page 2, line 5, strike out the following:

"the act of August 1, 1946 (60 Stat. 755), and (2)."

Page 2, line 7, after the word "under", add the following: "applicable laws and."



WILLIAM D. NORRIS

The Clerk called the bill (S. 40) for the relief of William D. Norris.

Mr. POTTER. Mr. Speaker, I ask unanimous consent . that this bill be passed over without prejudice.

1949 CONGRESSIONAL RECORD-HOUSE 8971

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

There was no objection. JULIA BUSCH

The Clerk called the bill <H. R. 660) for the relief of Julia Busch.

Mr. DOLLIVER. Mr. Speaker, I ask unanimous consent that this bill be passed over without prejudice.

The SPEAKER. Is there objection to the request of the gentleman from Iowa [Mr. DOLLIVER]?

There was no objection. CURTIS R. ENOS

The Clerk called the bill <H. R. 734) for the reUef of Curtis R. Enos.


Be tt enacted, · etc., That jurisdiction ts hereby conferred upon the United States District Court for the Eastern District of Texas to hear, determine, and render judg· ment upon, notwithstanding the lapse of time or any provision of law to the contrary, the claim of Curtis R. Enos against the United States, for title and possession of that certain tract or parcel of land in Houston county, Tex., described as "Tract Klq" in deed from Houston County Timber Co. to the United States of America, dated July 1, 1935, and recorded in volume 172, pages 1 and the following, of the Deed Records of Houston County, Tex., said tract being out of and a part of the -q. S. Patton Survey, Abstract 'No. 805, in Houston County, Tex., and being more particularly described as follows:

Beginning at corner 1 within the R. B. Patton Survey identical with the northwest corner of the Aley Moore 13-acre tract and the east corner of the Dave Franklin et al. tract a 134-inch iron axle for corner from which a 10-inch hickory marked X bears north 40 degrees east 0.31 <Chain distant, from this corner the fourth corner of the Maria J. Sanchez Survey, dated August 15, 1835, bears north 43 degrees 30 minutes west exactly 49 chains distance; thence south 7 degrees 30 minutes east with the lands of Aley Moore, 18.40 chains to corner 2, the southwest corner of the Aley Moore 13-acre tract and a northwest corner of the S. M. Holcomb land, a stake in an old road, witnessed by old bearing trees; a double pine snag marked X bears south 46 degrees east 0.24 chain distance and a 16-inch pine marked X bears south 78 degrees west 0.28 chain distant; thence south 10 degrees SO minutes east with the lands of S. M. Holcomb 25.50 chains to corner S a marked tree known as a water elm or ironwood for corner, witnessed by marked bearing trees on the left bank of Hickory Creek; thence westerly up and with the meanders of Hickory Creek common to the lands of S. M. Holcomb, exactly 72 chains to corner 4 a stake on the left bank of Hickory Creek, witnessed by marked bearing trees; thence north 1 degree 30 minutes west with the lands of Ned Franklin and in part with the lands of Dave Franklin et al. common to the R. S. Patton Survey and the Francis B. Conner Survey dated March 14, 1835, 27.90 chains to corner 5, a stake witnessed by two pine bearing trees; thence north 59 degrees east with the 1ands of Dave Franklin et al. within the R. S. Patton Survey 28.70 chains to the place of beginning, containing 89 acres of land, more or less; and the United States District Court for the Eastern District of Texas, Tyler Division, is hereby given jurisdiction to hear and determine such cause; and, in case -such suit be filed. service of citation or any other necessary processes shall be had upon the United States district attorney for said district, who shall

file an answer and defend said suit; such service shall have the same force and effect as made and provided in civil actions, and the ' laws and rules governing the trlal of civil actions in the United States district courts shall apply to the trial of all matters involved in said suit, and either of the parties shall have the right of appeal; and should the said Curtis R. Enos die prior to the filing of such suit or after said suit ls filed but prior to final judgment therein his said cause of action and the right to prosecute the same shall survive and pass

. to his heirs.

The bill was ordered to be engrossed and read a third time, was read the third t~me, and passed, and a motion to reconsider was laid on the table.

HAZEL L. GILF.s

The Clerk called the bill <H. R. 1105) for the relief of Hazel L. Giles.

Mr: POTTER. Mr. Speaker, I ·ask unanimous consent that this bill be passed over without prejudice

The SPEAKER. Is there objection to ~he request of the gentleman from Michigan [Mr. POTTER]?

There was no objection. MITSUO HIGA

The Clerk called the bill (H. R. 1864) for the relief of the legal guardian of Mitsuo Higa, a minor. ·

There being no objection, the Clerk read the . bill, 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, the sum of $5,247.10 to the legal guardian of Mitsuo Higa, a minor, of Waiaku; Hilo, 'i'. H., in full settlement of all claims against the United States for personal injuries, hospital and medical expenses for Mitsuo Higa sustained as the result of an explosion of a detonator on December 21, 1944, which had been left by fo.rces of the United States Marine Corps: Provided, That no part of the amount ap~ propriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or agents, attorney or attorneys, on account of services rendered in connection with said claim, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined ln any sum not exceeding $1,000.

With the following committee amend-ments: ·

Page 1, line 7, after the word "Hawaii'', insert "$5,000."

Page 1, line 7, after the word "Hawaii" tnsett "and the sum of "$247.10 to Hilo Sugar Co." •



The title was amended so as to read: "A bill for the relief of the legal guardian of Mitsuo Higa, a minor, and Hilo Sugar Co."


JACK McCOLLUM

The Clerk called the bill <H. R. 2091) for the relief of Jack Mccollum.


Be it enacted, etc., That the Secretary of the Treasury ts authorlzed and directed to

pay, out of any money in the Treasury not otherwise appropriated, to Jack McCollum of Van Alstyne, Tex., the sum of $5,995. Th~ payment of such sum shall be in full settlement of all claims of the said Jack Mccollum against the United States for personal injuries (including pain and suffering) and loss of earnings sustained by him as a result of a collision on June 12, 1944, between the taxicab in which he was a passenger and an Army truck at the intersection of Perrin Field Road and North Travis Street Road near Perrin Field, Sherman, Tex. No part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any; contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon convic .. tion thereof shall be fined in any sum not exceeding $1,000.

The bill was ordered to be engrossed a.nd read a third time, was read the third time, and passed, and a motion to re.;, consider was laid on the table.

ESTATE OF W. M. WEST

The Clerk called the bill <H. R. 2239) for the relief of the estate of w. M. West.


Be tt enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $10,000 to the estate of W. M. West, deceased, of Lake City, Tenn. The payment of such sum shall be in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 19 1938, when he was struck by a Civilian Con~ servation Corps truck a.bout 1 mile from Lake City, Tenn.: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be tined in any sum not exceeding $1.000 . .


Page 1, line 5, strike out "$10,000" and insert "$4,185.90."

Page 1, line 6, after the name "Tennessee", strike out ''The payment of such sum shall be in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 19, 1938, when he was struck by a Civilian Conservation Corps truck about 1 mile fr0m Lake City, Tenn.,•• and insert in lieu thereof ", in full settlement of all claims against the United States arising out of the death of the said W. M. West on October 20, 1938, from personal injuries sustained by him on October 19, 1938, when he·was struck by a Civilian Conservation Corps truck about 1 mile from Lake City, Tenn."



8972 CONGRESSIONAL RECORD-HOUSE JULY 6

SUSPENSION OF DEPORTATION OP CERTAIN ALIENS

The Clerk called Senate Concurrent Resolution 23, favoring the suspension of deportation of certain aliens.

There being no objection, the Clerk read the concurrent resolution, as fol· lows:

Resolved by the Senate (the House of Repre8'entatives concurring), That the Congress favors the suspension of deportation in the case of each person hereinafter named, in which case the Attorney General has suspended deportation for more than 6 months.

A-9561344, Abrahamsen, Arne, A-6233871, Acriche, Leo Abravanel or Leon

Acriche. A-5984018, Aguallo, Ofelia, or Ofelia

Aguayo. A-9748978, Ahmed, Mustafa Ali (alias Mus-

tafa Ali Achmed). A-5672802, Alter, Mollie (nee Malke Rubin-

stein). A-2457068, Aman, Eigene Vites. A-6195641, Amanatides, Erasmia, or Eras-

mia Sonikides. A-6655514, Anderson, Albert Lorenzo. A-6536080, Anjewierden, Dirk. A-6724309, Aranda, Miguel Angel, or Miguel

Aranda or Miguel Aranda•Tarango. A-3882033, Arnoso, Louis Varela. A-6526204, Asher, Vivian Catherine (nee

Jones). · A-1862941, Atkinson, Stanley Reid. A-9559565, Augustinius, Jose Herman. A-5919879, Back, Erik Nestor Ernfried.. A-4024370, Bain, Zacharias, or Zechariah

Bain (alias Zachirihi Bain alias Zacirihi Bain).

A-2495593, Bank, John. A-7592940, Baptiste, Emma Josefina (nee

Lujan Molina). A-4354716, Baur, Ludwig, or Ludwig Bauer. A-4188915, Bechara, Joseph Charles, or Jo

seph Bechara or Joseph Charles. A-2069293, Beckford, Percival. A-5342459, Bernier, Ann Claudine (nee De

Freitas). A-3121501, Betz Fred August, or Friederich

August Betz or Frederick August Bet_z or Fred Betz.

A-4826785, Bin, Anita (nee Toppazinnt). A-9666533, Blom, Jan Leendert. A-3081497, Boffa, Luciano. A-5309178, Bould, James. A-5971012, Bousses, Nicolaos Stamatiou. A-9769305, Bradley, John Hubert. A-5991350, Brandon, Bertha Emily (nee

Field). .. . A-1278361, Burrows, John James (alias

Jack Burrows). · A-6489021, Campbell, Alexander.

A-2817248, Candelora, Francesca (nee Zaf-fino). . · A-4743272, Castro, Mercedes, fo).'.m~rly Mercedes Alvarez (nee Mercedes Figueroa).

A-2022520, Chang, Mo Poon. A-7552570, Chang, Teresa Alfl.Y· A-5141080, Chaves, Faustino, or Faustino

Chavis or Faustino Chavez or Faustino · :cha vis Murillo. . A-2229390, Chinn, Yue Giro, or Gee Yen Gim or Yem Gim Gee or Yue Gim Gee or Yu Gim Chin.

A-2592334, Cohen, Moe Martin. A-1715256, Cohen, Sarah Iroff (alias Sarah

Iroff alias Sally Epstein) . A-6246598, Coltras, Marica. A-6303160, Contreras, Jose, or Jose Al-

manza Contreras. A-5117652, Corrao, Carlo. A-6069924, Cox, Silveria Pana. A-6663382, Cragg, George Robert. A-4377394, Cremades, Miguel (alias Miguel

Cremades Villarroya alias Mike Valencia). A-4335395, Cucksey, Anna Krebs, or Nita

Krebs. A-1164881, Daniels, Jean Rene (alias Jean

Rene Francois Daniels or Gaston Carle) • A-5668032, Darkovich, Peter Stoiche.

A-5971753, Davis, Gladys Ovilda Gladys, or Gladys Ovilda Georges.

A-3860479, Dedis, Pantelis John. A-5740896, De Flores, Reyes Valenzuela, or

Reyes Valenzuela or Reyes Valenzuela Flores. A-4150561, De Hernandez, Josefa Torres, or

Josefa Torres. A-2817560, Delgado, Jesus Maria. A-4691015, De Llaverias, Maria Catalina

(nee Evertsz). A-2767060, De Lucero, Manuela Avina, or

Manuela Avina. A-6063059, De Luzuriaga, Enrique Ruiz. A-6405944, Luzuriaga, Evelyne Patricia. A-6405945, Luzuriaga, Eugenio. A-1722409, Deneau, Harold Edward. A-5863272, De Saine, Adeline (nee Simp-

son). A-3802400, Di Gregorio, Paola or J;>auline

(nee .Onorato). A-4840700, Domenighini, Albert, or Aurelio

Domenighini; A-6261640, Domosiaris, Kalliopl. A-6212801, Domosiaris, Konstantinos or

coristaninos. A-5909782, Dos Santos, Joaquim Antonio. A-5982057, Doush, Joseph Harry. A-5296040, Doyle, Paulette Marie (nee

Briand). A-6755401, Dumitrescu, Radu.

. A-5455559, Duncan, Yeta, Rosemburz or Jetta Rosemburz De Mojica or Yeta Rosemburz De Mojica or Yeta Rosemburz.

A-6037097, Duncanson, Wentworth Eustace.

A-4647266, Erdos, Vincent or Vince. A-9651529, Eriksen, Magne, or Magne

Taranger or Magne Taranger Eriksen. A-5053925, Ertman, Einar Leopold Kon

stantin. A-5053923, Ertman, Ellen Alice (nee Sep

panen or Elli Alisa) . A-3974381, Escudero-Pascual, Nichols, or

Nicholas Ecudero. A-5209421, Fagervik, Carl Ingvald. A-3720405, Fantasia, Salvatore. A-2370108, Fantin, Teresa (nee Teresa

Pagura). A-3329048, Fazio, Pietro (alias Peter

Fazio). A-3788785, Fein, Anna (nee Ana Fish

man). A-5678327, Fisch, Meschulim, or Manny

Fisher. A-5415760, Flores, Angelina Nieto, or An

gelina Nieto. A-5415761, Flores, Eliseo, or Raphael

Trejo. · A-1473200, Ford, Thomas }francis. A-1615234, Fotenos, Stamatios (alias Steve

Fotenos) . - · A-5180485, Fragakis, Stavros Georgiou. A-5541925, Fuentes, Domingo. A-6666532, Galindo, Maria Teresp.. A-5238894, Gansz, Elisabeth Anna· Helene

or Elizabeth or Elibabeth Gansz (nee Scholz).

A-1216334, Gargiulo, Ph111ppo or Phillp. A-5220833, Gefl'ke, Fritz Herbert. -A-9769263, Gialourakos, Nicholas John

(alias Nicolaus Yialourakos or Nick Gialourakos). . A-6211352, Gittins, Alvin Loraine (alias Charles Gittens).

A-6211350, Gittins, Gwendolen Mary El11s. A-1500640, Gloor, Theresa, or Theresa

Koller (nee Schneider). A-9544853, Gomes, Raul Fonseca. A-3767333, Gonzalez, Pedro Arambula

(alias Pedro Arambula alias Pedro Gonzales alias Pedro Arambula Gonsalez alias Pedro A. Gonzalez).

A-6199843, Goodstein, Stella, or Stella Zweig (nee Esther Akselrad).

A-6757483, Goudsmit, Jeannette, or _Jeannette Smith.

A-3007301, Graeber, Adolf Paul, or Adolf Graeber.

A-1363182, Grant, Frank. A-6458400, Greaves, Gayle Louise, or

Gayle Louise Schluter.

A-4196849, Gripaios, Mabel (nee Birch). A-6277086, Hanvey, Evelyn Maria. A-2693302, Haroutunian, Constance or

Knarig Gazarosian or Knarig Keyaian or Connie Haroutunian.

A-2464397 Harrigan, Alice Mabel (nee Dickson).

A-6239763, Hermann, Liba Pourova. A-4947943, Hernandez, Mario Perez (alias

Mario Hernandez alias John Luis Pere~ Hernandez).

A-6267143, Holness, Gloriana. A-4887327, Holscher, Anton Karl. A-4963344, Hoogestraat, Herman Johann. A-2766922, Hopfeld, Heyneman Herman. A-2271554, Horn, Elmer Harry, or Elmar

A. Horn. A-7529293, Hsiang, Tso Ming, or Hisang

Tso Ming. A-2486359, Hsiang, Lan Ying Hsu (nee Lan

Ying or Lan Ying Hsu). A-4686786, Huang, I-Chen, or Huang 1-

Chen or Chen Huang or Huang Chen. A-6210416, Iriarte, Blancamadruga. · A-6042302, Janiszewski, Zofia, or Zofia

Mizera. A-1636675, Jimenez (de), Esperanza Mar- ·

garita Moreno, or Esperanza Margarita Jimenez Moreno.

A-3107724, John, Renee (nee Wan Lat Wong or Lai Wan Wong).

A-2559002, Johnsen, Arnst Henry, or Arnest Johnsen.

A-6167344, Jones, Sheldon William. A-7674176, Kaniel, Alte Feiga Rivka (nee

Kaplan). A-1326265, Karaffa, Joseph. A-3443887, Karsch, Gustav Adolf. A-4602439, Karusis, Constantinos, or Gust

A. Karousis or Constantinos Caroussis. A-6248971, Katsohi, Vasilike (nee Hassope

or Hassopis) . A-7606490, Ke, 1-Djen Ho. A-7606670, Ke, Ting Su. A-6406522, Keating, John Stanley. A-6193198, Kelly, Randi Erna Eleanor

(nee Nagell). A-9573408, Kingshott, John Horace Fred

erick Walter, or John Kingshott. A-5560625, Kiss, Louis. A-5686338, Kiss, Mary Josephine (nee

Kun). A-5952073, Klampfer, Alois, or Louis or

Alois Ibitz. A-6576269, Kornoff, Mary Dobrinin, or

Mary Dobrinin. A-5969606;. Kraij, Gjuro Nikola (alias

George Kralj) . _ A-346_2421, Krivec, Mike or Michael.

A-4755227, Laakso, Jalmar Kustaa, or Gust or Gus Laakso.

A-3136596, Leandro, Constantino. A-6186635, Lee, Ellen Sun (nee ·Ai-Ling

.Sun). A-4097955, Lehman, Ludwig.

. A-5341744, Lema, Mary Juliana, or Meeri Juliana Lema (nee Lundull). ·

A-7634421, Lu, Rosabel (nee Hsu). A-3415507, Lynch,· James Pa:trick.

. ·· A-2867817, Manguso, Guido (alias Guido Mancuso).

A-9540001, Manolakakis, Theodoros Emanuel, or Theodore Emanuel Manolakakis or Theodore Antone Emanuel.

A-5104652, Mantione, Rosario (alias Loverdi, Antonio, alias Colodio Senna alias Antonio ,Laverde).

A-9517528, Marmarinos, Grlgorios John, or Grigorios (Gregory) John Marmarinos.

A-5955493, Marmoratos, Gregorio Domenico, or Gregorio Marmorato.

A-3100503, Martinez, Ceferino, or Ceferino Martinez Garcia.

A-3591468, Mayr, Henry, or Ferdinand Mayr.

A-3589127, Mazelow, Lillian (alias Lily Mazelow, nee Kaplan).

A-4076891, Mazelow, William. A-6405631, McCallum, Elsa. A-5882989, Mells, Isidoros (alias Sederls

Melis or Mellis) .

1949 CONGRESSIONAL RECORD-HOUSE 8973 A-5990876, Meraz, Jose, or Jose Meraz

Andrade or Manuel Garcia or Jose Mirass or Jose Miras.

A-6365722, Meza, Esiquio ( allas Exequiel Meza).

A-4779627, Mihalka, Artur, or Arthur M. Maroth.

A-4561348, Milici, Joseph Catanese, or Charles Martin.

A-5690483, Moeller, Rudolph Christian. A-5780774, Friederichs, Agnes, formerly

Agnes Friederlchs Kniffke. A-6098940, Mollna, Margarita. A-6098941, Molina, Delta. A-6098942, Molina, Graciela. A-6098943, Molina, Heriberto. A-4818636, Moller, Paul Theodor, or Paul

Moller or Paul Miller. A-5568513, Montion, Juanita (alias Juanita

Lozano or Gomez). A-4881272, Moore, Mary Margaret (nee Wil-

ton, formerly Stevens). A-7724011, Mora(y), Manuel Ramon Garcia. A-3554834, Moser, Peter. A-3489800, Naftis, Matheos George (alias

Mathaios Georgios Naftis). A-1686562, Nagel, Erwin. A-9769308, Nicola, Primo. A-6199844, Nieves, Delia (nee Delia Fran

cisca Gonzalez Trigola or Delia Gonzalez y Pugula).

A-9524302, Nielsen, Svend Aage. A-6444886, Niemeyer, Elzo, or Dick Nie

meyer or Dick Van Hall. A-2824650, Onga, John Rodica, or Severino

Rodica. A-4656663, Orshingher, Umberto Vittorio

(alias Umberto Victoria Orsingher) . A-6171441, Pamphllis, Isabella (nee Mou-

ganni~). A-5414747, Panariello, Pietro. A-2036945, Pantring, Otto Wilhelm. A-4908373, Pappou, Asthanasios (alias

Athas Pappou or Athas Papou). A-2230076, Pavlis, Apostolos Paraskevas, or

·Charles P. Pavlis. A-6261580, Paykou, Alexandra nee. Galiuri;

Kall1s. A-6313070, Perez, Eduardo. A-5294203, Petroutsa, Eleftherios Pana

yiotou, or Edward Panayioutou Petroutsa. A-4866498, Phllippen, Peter Joseph. . A-5132908, Pinto, Jacinto, or Jacinto Pinto

Riquerme or Victorino or Francinto Pinto. A-3584354, Polatos, Vasilios, or William

Polatos or Polatos. A-6610940, Press, Doris, or Dora nee Hersco

vitch ·or Doris or Dora Hearst. A-6288530, Quintana-Lopez, Angel, or An

tonio Lopez Chintana. A-1993852, Rade, John Paul. A-6314073, Raptou, Eleftheria Apostolou

(nee Econo-piidis). A-5263521, Rasch, Heinz. A-9651792, Redo, Waclaw. A-2933966, Reichelt, Martha Luise. A-5182094, Reiswig, El"'ie Ruth, or , Elsie

Ruth Kukert. A-3273271, Reiter, John, or Johann Reiter. A-6199573, Resch, Walter. A-6698292, Rieger, Ingrid. A-6041092, Rios-Cardoza, Carmen (alias

Carmen Cardoza Rios) . A-6051086, Rios-Cuellar, Hermlnio (alias

Herminio or Herman Guellar Rios) . A-6041091, Rios-Cuellar, Juana (alias

Juana or Jenny Cuellar Rios) . A-6075212, Robb, Elvir.a (nee Camara). A-6624990, Rodriguez, Jesus, or Jesus

Rodriguez-Hernandez. A-5445641, Roeben, Richard Arthur Fred-

erick, or Richard Fred Roeben or Rosen. A-3711643, Rolla, Felice Francesco. A-4175237, Rollins, John. A-1490125, Rotondo, Giovanni or John. A-6088182, Rueda, William Henry, or

Guillermo Enrique Rueda. A-6083480, Rueda, Ana Maria. A-5399553, Rueger, Oscar, or Oskar Ruger. A-6220625, Sacorafas, Athanasia Constan-

tinau (nee Kapnia).

55860/943, Salmivaara, Laina Marthe. Maria, or Martha Lake.

A-5991510, Samuels, Armon, or Herman Murdock.

A-3167740, Schllling, Franz Xaver. A-6234223. Schou, Svend Aage. A-1768899, Scombulis Panagiotls Georgian,

or Peter Scombul or Panagiotis G. Scombulls. A-4405150, Sejfer, David, or David Seefer or

David Seifer Y Kiply or Kipin (alias David Sobol). ·

A-6093512, Shaik, Mohammed Ismail, or Batir Uddin (Udding).

A-4255673, Shannon, William Antonio or Con ton.

A-6436388, Shemroy, Margaret. A-7648407, Sjoberg, Arne Leonard Ivar, or

Arne Sjoberg or Arne Leonard Sjoberg. A-9769913, Small, Richard John. A-6078132, Snodgrass, Aurelia (nee

Aquino). A-5947407, Sodergard, Lars Verner · Aaron. A-9552911, Sonnevme, Wilhelmus Jo

hannes. A-6195011, Sotter, Despina, ·or Despina

Soteriou. A-5863250, Stathopoulos, George Constan

tine (alias George C. Stathis). A-4567264, Stamatopoulos, Panagiotes

George, or Peter G. Stamos. · · A-6171438, Stefanopoulos, Alexandra (nee

Zervos). A-9502898, Svenson, Sven Bertil, or Sven

Bertil or Bertil Svenson. A-4887710, Tachman, Louis, or Louis Leib. A-1916810, Tarwarter, Ruth r.ucille (nee

Ruth Lucille Burns). A-4814027, Thompson, Jane Kennedy Orr

or Jean. A-9656937, Tonseth, Elnar Gerhard. A-3465184, Traiko:ff, George Atanas, or

George A. Traikoff. A-5997606, Tromblay, Brigida Colango. A-1020274, Valensuela-Rivera, Nicolas. A-5953947, Vanterpool, Othelia Zephera, or

Othelia Zephera Maddox. A-6682322, Vidana, Jose. A-6268881, Villeneuve, Eleanor Rose (nee

Perrin). A-5367655, Vlattas, Philip Leonidas, or

Philipas Vlattas. A-3317688, Vrahatis, John Leonidas. A-5124778, Vukmanovich, Dusan (alias Ban

Bukas). A-3782648, Warmbold, Helen Martha, or

Helen Martha Winkler, Helen Altman, Helen Martha Heckendorf.

A-4491798, Wasmer, Joseph. A-6669931, Watson, Raymond. A-1386494, Wilkins, Ivan King. A-9783055, Wojcicki, Stanislaw. A-6178542, ·Yarbrough, Vera Petrovna (nee

Vera Petrovna Shebleva). A-4410248, Zaffino, Joseph or Giuseppe. A-2817247, zamno, Ratiaela Maria . (nee

Mannella). A-5870857, Zane, Irene . Hsu (nee Irene

Kingman Hsu) . A-6397729, Zanotelli, Giuditta Mengonl. A-2554473, Zavala, Pedro Reyes, or Pedro

Zavala-Reyes. A-4494003, Ziccardi, Kay (nee Neamonitis

or Katina Neamonitis or Papalambro or Pappalombris or Pappalombro).

A-4782964, Zuluaga, Angel (alias Angel Zuluaga Bidasolo).

With the following committee amendmen.ts:

On page 2, line 11, strike out the registra .. tion number and the name "A-5919879, Back, Erik Nestor Ernfried." ·

On page 9, line 13, strike out the registration number and the name "A-3415507, Lynch, James Patrick."

The committee amendments . were agreed to.

The resolution . was ordered to be read · a third time, was read the thir-0. time,

and passed., and a motion to reconsider was laid on the table.

SUSPENSION - OF DEPORTATION OF CERTAIN ALIENS

The Clerk called Senate Concurrent Resolution 24, favoring the suspension of deportation of certain aliens. .

There being- no objection, the Clerk read the. resolution, as follows:

Resolved by the Senate (the House of Rep'resentatives concurring). That the Congress favors the suspension of deportation in the case of each a.lien hereinafter named, in which case the Attorney General has suspended deportation for more than 6 months.

A-5348029, Adamiszyn, Mary (nee Grazia Maria Mitola alias Mita.le).

A-4476899, Ali, Wahed Mohamed, or Mohamed Ali or Wahed or Wohaed Ali.

A-2771648, Amezcua, Guadalupe, or Guada-lupe Chavez De Samaniego.

A-6581279, Andavazo, Felix. A-9728106, Andresen, Hans Kristian. A-6314071, Arabanos, Georgia. A-5007171, Arena, Francesco. A-6712870, Avalos, Tomasa, or Tomasa

Avalos de Urquiza. A-6199320, Balletti, Cecelia Margaret (nee

de Cruz). A-5431512, Bardi, Massimo, or Sam Bardi. A-4699363, Bev~acqua, Anna (nee Mal

dera). A-6142598, Breslin, Pacita Blanch (nee Pa

cita Mercedes .Blanch). A-6240752, Bryant, Lila Rachael (nee Wein

garten or Hays) . A-3874697, Burghen, Anna Maria (nee An-:-

drews). A-6455114, Cabrales-Flores, Rafael. A-4374492, Cocolis, Gerassimos Demetrios. A-6539706, Cusenza, Violet Matilde (alias

Violetta Matilde Bileci). A-9500533, Da Silva, Vince_nte St. Aubyn

(alias Vincent Da Silva). A-6618909, De Chaides, Olga Encinas, or

Olga Encinas or Olga Encinas De Chairez. A-6088306, De Guzman, · Manuel Fenix . . A-6088305, De Guzman, Nancy Schaefer. A-6088309, De Guzman, Lillian Schaefer. A-2085545, De Marquez, Josefa AguiJar

(VDA) (alias Josefa Aguilar De Marquez alias Josefa Aguilar).

A-4323280, Demidovich, Mike or Michailo, or Michail Dimidovich.

A-6336480, Eney, Richard John, or Chiang Sheng Dai:

A-3644552, Ernest, Jean, or Jan Gluckman or Glicman.

A-4771499, Fantuz, Richard Joseph, or Richardo Joseph Fantuz.

A-5457910, Fung, Shiu Fine, or Shiu John Fung or Shiu John.

A-5804059, Giessler, Otto Alwin, or Otto Giessler.

A-7738794, Gonzalez, Maria Del Carmen Uribe Echevarria. ·

A-9539472, Gonzales, Heladio. A-6251915, Gonzalez, Miguel. A-6261916, Gonzal~. Ruben. A-6666785, Gonzales, Simon, or Simon

Gonzales-Villanueva. A-6665517, Mendiola, Paula, or Pauld

Mendiola de Gonzales or Pauline Mendiola. A-5697168, Gronwoldt, Walter George. A-6551423, Haberer, Florentina, or Floren

tina Nuguid. A-9664258, Hadjipetros, Sotirios, or Sordi or

Steve Hadjipetros. A-5020056, Haller, Gottlieb Heinrich Gus-

tav, or Gustav Haller. A-3565724, Hamilton, Anna (nee Buczma). A-6172375, Hamm, Juliana. Rodil. A-2663801, Haro, Jose Ysabel Flores . (alias

Jose Flores). A-6679238, Hernandez, Benigno. A-6679234, Hernandez, Francisco. A-4715960, Hernandez, Francisco. A-6639350, Hernandez, Norberto Roberto

(alias Norberto Hernandez alias Roberto Hernandez ·alias Robert Hernandez).-

8974 CONGRESSIONAL RECORD-HOUSE JULY 6 A-6639351, Hernandez, Roberto. A-6382878, Holsman, Marta Hugentobler

(nee Marta Hugentobler). A-5786464, Hoon, Chan Ngon {alias Mrs.

Davis Owyang) . A-2038760, Hoyer, Kurt Emil. A-3602671, Hunt, Henry. A-6301859, Hyatt, Lewis. A-6045907, Ichak, Ali, or Ichak All. A-5599244, Illich, Yova, or John Illich. A-5573460, Jacob, Sandor, or Alexander

Jacob or Jacobs. A-3148155, Joeng, Soe Siong, or Su Siong

Jung. 56208/196. Joyner, William Harry. A-2086707, Kaz:avolos, Stephanos Theodore. A-5448558, Kennett, Eunice Lorraine (nee

Hultgreen). A-5334990, Kent, Walter. A-3192801, Khan, Aziz. A-5019347, Klevers, .Eric Josepp., or Erich

Klevers. A-5654893, Knowlton, Jessie Marie (alias

Jessie Marie Aspden nee Lawrence). A-2855065, Koludrovich, Vladimir Ludo-

vicco. A-4776975, Laggan, Catherine Feeney. A-1030731, Lazarich, Mirko. A-5584293, Leon, Josephine (alias Josephine

Leon Vicochea or Dicochea alias Josephine Garcia). ,

A-6300095, Liddicoat, Harold Raymond. A-2162658, Lombardo, Francesco. A-5610107, Lopez, Luis, or Louis Lopez or

Luis Lopez Garcia. A-6400801, Lopez-Cabrera, Ezequiel. A-9553892, Loucas, ·George Anthony (alias

Georgios Antonios Loucas). A-1598756, Madonna, Giuseppe (alias Giu-

seppe Clemente). A-4555403, Magner, James Thomas. A-4067230, Mancini, Adelio. A-5825606, Mandel, Margaret Fanny (alias

Margaret Sanders or Margaret Schoene or Margaret Barozzi).

A-5261900, Masu, John (alias Giovanni Masu).

A-5010273, De Mendoza, Marcelina Rivera. A-6208054, Menzies, Colin John. A-4136618, Miller, Fred, or Frederic Moller

or Friedrich Karl Ernst Moller. A-5107301, Mi-Loffe, Eric Goffe. A-4066323, Mitola, Antonio, or Anthony

Patrick Mitola. A-3382835, Mitola, Maria Rosa, or Rose

Mitola (nee Del Vecchio). A-1274580, Monte, Caroline, or Caroline

Demallos (nee Caroline Lannutti). A-6251165, Monterrubio, Bienvenida (nee

Bienvenida Vasquez Tirado). A-4289029, Montes-Lopez, Andres, or An

dres Montes. A-1627591, Morales, Marta de Jesus, or Mary

Morales. A-6240784, Morden, Sarra, or Sarra Mesh. A-4363956, Mueller, Hans Heinrich Alfred. A-2862095, Mueller, John Hans, or Hans

Otto Eugen Mueller or Hans Mueller. A-7583119, Naef, Emll Joseph. A-6815661, Ngai Shun Him. A-6815662, Ngai, Siu Kum. A-2146542, O'Donnell, Francis Albert, or

Frank Albert O'Donnell or "Inky." A-3407260, Olivieri, Anthony (Antonio)

(alias Francesco Porro) . A-6302145, Ossin, Sarah (alias Sarah

Kovtun Ossin) . A-5942218, Osterlund, Bolger Torvald. A-4123010, Palomba, Giovanni, or Palombo

(alias John Palombo). A-6563748, Palomino, Julian, or Julian

Palomino Quinones. A-1888219, Parenteau, Narcisse (alias

Joseph E.xidas Narcisse Parenteau). A-6153664, Pasatlempo, Remedios Navarra. A-1011989, Pera, Anna. A-6245339, Pericharos, Christos (alias

Christ Pericharos) . A-6090963, Pick, Charles Robert. A-2795198, Pitsiladis, Efstratios, or Charles

Peterson or Charles Pitsiladis. A-3176245, Porvari, Olavi . Veli.

A-4384519, Ramos, Juan Jose, or John Joe Ramos (alias Jose Aguilar) .

A-6357059, Rodriguez, Sabino, or Sabino Lozoya or Sabino Rodriguez Lozoya.

A-3146287, Rogga, John, or John Rouga. A-5097023, Romej, Jan Ludwik, or John

Ludwik Romej. A-6047568, Rost, Harry (alias Harry Hy

man Rashback). A-2514884, Sabbe, Margaret Marie (alias

Margaret Marie Rosselle or Margaret Marie Billiet).

A-2750510, Sainz-Gutierrez, Santiago. A-6704617, Ballin, Catherine. A-5936582, Samuels, Jensena Irene. A-3477565, Santoro, Emilia (alias Emilia

Zanone). A-5249171, Sarkaissian, George (alias

George Sarkisian alias Hachig . or Hatchig Sarkisslan or· Sarkisian).

A-397443, Sharkey, Mary Jane (nee Mary Jane· Ramsey).

A-5452595, Silbert, Mary (nee Finegood). A-3444818, Silva, Manuel Y. Cruces, or·

Manuel Silva. · · A-6075260, Simmons, Pearl Salud (nee

Tibig). A-9769910, Singh, Mahadeo Javert Ram

persaud. A-36'.78239, Sokolow, Sol, or Zyskind Soko

low or Sokol. or Zysklnd Sokolow, orc Janowicz or Janowitz or Yanowicz.

A-3930421, Speis, Stelios Napoleon, or Steve Napoleon Speis.

A-6517996, Sporup, John Soren Nielsen, or John Nielsen.

A-7703588, Soroosh, Gholam Hossein. A-4761287, Soulvie, Gertrud Mae, or

Seiweh (nee French alias Schultz). A-3776190, Sousa, Mary Agnes. A-6551396, Squires, Elizabeth Oonagh

(alias Elizabeth Perdue) . A-6551397, Squires, Penelope Oonagh

(alias Penelope Perdue) . A-6261575, Stamatiades, Nefelia (nee

Valasi). A-3174351, St. Hilaire, Melvin, ·or Melville

or Joe St. Hilaire. A-6277447, Taylor, Beth (alias Beth

Engeisen). . A-4491271, Thederahn, Walter Herman, or

Walter Smith or Schmidt. A-5378679, Uusmaa, Vladimer (alias Vla

dimer Vel Uusmaa). A-7798513, Valencia, Baudelio (alias

Baudelica Valencia Gonzaliz). A-3716183, Wang, James Shu Woo, or

Wang Shu Woo, or James Wang. A-6458405, Wands, Laraine Fay, or Lo

raine Fay Wands. A-3497722, Whitaker, Laura Myrtle (nee

Owen). A-1275082, Williamson, Williamina, or

Mina Williamson. A-4495642, Wolinsky, Abraham. A-6864147, Wright, Graham Patrick. A-6292364, Zakrzewski, Genowefa, or

Genowefa Szczepanska. A-6292365, Zakrzewski, Jadwiga. A-3154916, Zannis, Christos.

The resolution was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.



There being no objection, the Clerk read the resolution, as follows:

Resolved by the Senate (the House of Representatives concurring), That the Congress favors the supenslon of deportation in the case of each alien hereinafter named, in which case the Attorney General has suspended deportation for more than six months:

A-6749936, Alcala-Martinez, Jesus, or Jesus Martinez or Jesus Alcala.

A-6313380, Ayala-Serrano, Irene. A-6449001, Alexander, Chi Ngo, or Chen Chi

Ngo. A-6373549, Ayala, Juan Hernandez, or Juan

Ayala Hernandez (alias Dan Hancock alias M. C. Stokes) .

A-9579672, Bacich, Anton Sime. A-2879588, Battaglini, Quirino Gene. A-5652053, Beda, Sabetay. A-6249257, Bellios, Paraskevi Castalia. A-5166885, Bendfeldt, August Johannes. A-6326675, Berliner, Kenneth Michael

(alias Kenneth Michael Hovde) . A-3563940, Binicos, Ioannis Simeon, or

John Sam Binicos . . A-3158850, Blake, Clara, formerly Sinclair

formerly Bott (nee Brewster). A-6745477, Bohn, Ceclia Sophia, or Cecelia

Sophia Syre. A-6428294, Boone, Patricia B., or Patricia

Imelda Boone (nee Bibby). A-9574254, Boonstoppel, Johannes, or .John

Jacob Boonstoppel. A-6441010, Booth, Margaret Kato Walker. A-5134452, Bosi, Enrico, or Henry Peter

Bos!. A-9810588, Bruggencate, Albertus Ten. A-3726769, Calleas,' Manuel Peidro. A-6754664, Changeux, Daniel Robert. A-5763706, Chau, Shing Leung, or Spauld-

ing Chau. · A-6256341, Cirincione, Marie Teresa. A-6256342, Cirincione, Carmela Marie. A-6790777, Corazza, Gilberto Leo (alias

Gilberto Corazza or Corrazza or Gilbert Lee Corazza).

A-6092372, Cortes, Caroline Napoleon, formerly Caroline Napoleon Denard.

A-1370087, Costas, Juan Antonio Lopez, or Juan Lopez Costas or Juan Lopez.

A-6172681, Cotsonis, Potoula .George, or Potoula Laloussis.

A-4851448, D'Agostino (Arcangelo, or Angelo D' Agostino.

A-6218566, Dantes, John, or Joannes Yusel Dantes.

A-7589086, Davis, John Champneys. A-6371776, Derro, Giovanna (nee Totino) . A-6391245, D'Orsogna, Marcello. A-6427491, Estridge, Edward Nathaniel. A-3442924, Farese, Biagio. A-4135957, Faustini, Sebastiana, or Benny

or Beniamino Faustino. A-4173534, Fook, Ling Bing, or Bing Fook

Ling. A-6075351, Francisco, Rogelio Chumbuque. A-9770636, Furman, Franciszek Felix, or

Franciszek Furman or Frank Furm,an. A-9659926, Oalanos, Nocolaos. A-5929794, George Eileen. A-4669615, Gessner, Friedrich Albert Hein

rich Robert, or Fred Horn. A-5146721, Glick, Dorothy, or Dorothy

Bloom or Debora Blimbauni. A-3323609, Goffredo, Pantaleo, or Leo Gof

fredo. A-7653000, Goldstein, Katherine Doris (nee

Katherine Doris Victorsen). A-6517959, Gunther, Esperanza Eroles (nee

Esperanza Eroles) . A-7592298, Hansen, Marjorie McGuire. A-1074698, Heiloo, Vartanoush (nee Mar-

karian Rose or Vartanoush Krikorian). A-6040369, Hodge, Lawrence. · A-6024985, Hodge, Maude Iola. A-5878163, Hsueh, Wei Fan (alias Wilfred

Hsueh). A-6590350, Huggins, Frederick Oscar. A-4833110, Hantwarg, Rubin or Huntverg

or Reubin Hunter or Robert Miller. A-2898572, Ionno, Pellegrino. A-6428323, Jacobs, Margaret Genevieve

(nee Bibby alias Genevieve Jacobs). A-4301234, Jaeger, George Friedrich Willy

(alias George Waldo) . A-6249467, Jarrin, Fanny Lucila or Mos

quera. A-6060836, Jarrin, Nelson Anibal, M. D. A-6291689, Jarrold, Jar'.les Michael.

1949 CONGRESSIONAL RECORD-HOUSE 8975 A-59~2766, Kellgren, Adam. A-6755482, Kerketzes, Ioannis, or Joanis

Stllianos or John S. Kerkentzes. A-4699864, Klapprat, Robert, or Klaprat or

Klappert or Kappert. A-7558796, Klasson, Joanna Elizabeth. · A-9776542, Kritikos, Ioannis Stavros (alias

John Steve Kritikos). A-5946937, Kuzemka, Nikolaj or Nikolaj or

Nick Kuzema or Joseph Meskl. A-6530589, Kuzninska, Jacek Richard. A-6277981, Kyriazis, Christ Constantine. A-6414794, Lamer, Mirko. A-6251150, Lamer, Leonore. A-6281356, Lara-Medrano, Jose. A-7686310, Larson, Alice ·Mary Margaret

(nee Seyer) • A-5234163, Laufer, Edith (nee Luberoff). A-5886897, Leer, Cornelius. A-2794013, Lemanis, Konstantine George,

· or Costas Lemanis. A-6526015, Leni, Nunziata. A-4882931, Leshley, William Alexander. A-6633954, Leung, Vicente. A-6300096, Liddicoat, Doreen Violet. A-4441129, Lundsteen, Ernst Hubert. A-3837986, Lyons, Thomas Joseph, A-4535362, Madsen, Charles Marinus. A-5668197, Majka, Jan or John Majka. A-4940423, Majka, Katarzyna Rose (nee

Banek). A-6810821, Maldonado, Petra, or Petra

Maldonado de Montes. A-4947209, Mancusi, Mario, or Mike Man-

cusi. · A-6075160, Martin, Gladys Constance. A-6108461, Medina, Jose Julio Jull Renteria,

or Luis Medina Renteria or Jose Luis Renteria Medina. ·

A-5765526, Melanoff, Rose or Loza (nee Vasslloff or Vassideva).

A-6245144, Mobille, Catherine z .. or Cath. erfne Vomvila or Aitkermis Mombilin.

A-8691575, Mohamed, Dost, or Johnnie Mohamed. ·

A-9552718, Monterroso, Herman, or Herman Monterrossa.

A-1858603, Morze, Charity Alma, or Charity Alma Fifield.

A-3640890, Mulkern, Joseph or Mulkerinus. A-1231306, Napoli, Antonio. A-9701787, Olsen, Ingolf. A-9550196, Olsen, Rolf. A-6624314, O'Neal, Etienne Emerson. A-6239403, Pallle, Jack Jean Paul, or Jack

Paille. A-1029502, Perel, Nechemia, or Norman

Earnest Pearl. A-5105586, Petibon, Yves, or Maurice Peti

bon. A-6701961, Pfeifer, Karoline Maria (alias

Karoline Mary Pfeifer). A-6594725, Papandreopoulos, Elias Poly

bios. A-7041843, Pun, Chin Yuen, or Chin Yuen

Pon, Pon Yuen Chinn. A-6300094, Rankin, Jillian Kay. A-6252336, Renteria, Manuel, or Manuel

Renteria Portilla. A-5712529, Reynolds, Henrietta Pauline

(nee Adams). A-7010074, Richter, Rolf Hans. A-7010073, Richter, Lucie Gertrud, or Ger

trud Lucie Richter. A-6650790, Robertson, Clifford James

Charles. A-7528781, Roehmann, Dagobert (alias

Dagobert Waldow). 56169/182, Ruello, Antonio. . A-4005355, Samad, Iris Daphne (nee Van

putten). A-6125773, Sanchez-Barcenas, Jose Inez

(alias Inez Sanchez-Barcenas) • A-6077519, Schaefer, Adelaida Santos. A-6077574, Schaefer, Jr., John Santos. A-4984498, Cartuche, Bertha Reyes (alias

Bertha Sanchez Sartuche alias Bertha Reyes alias Bertha Sanchez).

A-1707593, Sauter, Anna, or Anna Mander-scheldt or Anna Jetter. ·

56112/24, Scord111s, Panaglotis Stylianos.

A-2298613, Seiter, Christian Joseph, or Chris or Christ Seiter.

A-6633431, Serrano-Berrera, Jose Mauricio. A-1384811, Simon, Malvina E. (nee Abra

ham, alias Malvina Ester Bsch, alias Malvina Schwartz and Malvina Eisenbach).

A-2700886, Skuza, Frank, or Franciszek Skuza.

A-1545593, Spencer, Charles Joseph. A-7001121, Spencer, Mildred Vivian Mar-

garet. . A-5139588, Stankiewicz, Jozef, or Joseph

Stank. A-6233624, Stevenson, Walter George. A-6239754, Stolz, Chen Li Ying (nee Chen

Li Ylng). A-6345672, Stoyas, Athena, or Athena.

Moonos or Athena Papanghelldau. · A-7791546, Stroud (de), Marla Voltas.

A-6494368, Tedesco, Saviour. A-6296116, Thomasson, Ivan Samuel. A-5593901, Tietge, Paul (alias Paul Klein).

. A-5629597, Trapani, Gaetano. A-6357984, Tratarou, Pantelis John. A-6350818, Tratarou, Athenoula. A-30738.62, Traynor, Harry Joseph. A-6692815, Trilling, Erin, or Erin Shikallof. A-3428895, Tuerk, Arthur Erdmann. A-6020295, TurnbUll, Idalia Constancia

"Dally." A-1164142, Tye, Ong Hee. A-4973977, Va111ant, John Peden. A-6709145, Vanskike, Verla Cora, formerly

Strickland (nee Thomas). A-6754859, Vanskike, Lois Isable Gladys,

formerly Strickland. A-6755531, Vanskike, Allan Robert, former

ly Strickland. · A-5870852, Vanterpool, Viola Anastacia, or

Viola Anastacia Fahii' or Viola Anastacia Foy. A-2830324, Vasllios, Christos. A-4036671, Vassura, Anthony or Antonio. A-3182536, Vassura, Josephine (nee Giro-

limini). A-6007554, Vieria, Joao. , A-5546430, Villanova, Manuel (alias Man

uel Villanova Dominquez or Manuel Ribas. A-4328843, Vogt, Gustav (alias Augusta

Conrad alias Paul G. Leonard). A-2632561, Wang, Mabel Chih-Lan Chen,

or Mabel Gee Lan Chan. A-5748097, Werner, Margaret (nee Car

michael), or Mrs. Howard Charles Werner. A-5100607, Wexeiman, Sarah, or Sarah

Dvora Wexelman. A-7022757, Wexelman, Mortimer. A-6433846, Wiesner, Lucille M. (see Bibby). A-2454595, Wing, Edward Yee; Yee On

Woon. A-6720886, Yankopoulos, Alexander Anas

tasiou.

The resolution was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table. SUSPENSION OF DEPORTATION OF CER

TAIN ALIENS


There being no objection, the Clerk read the resolution, as follows:

Resolved by the Senate (the House of Representatives concurring), That the Congress favors the suspension of deportation in the case of each alien hei;einafter named, in which case the Attorney General has suspended deportation for more than 6 months:

A-9743510, Aasmo, Kristian Ingvard. A-1537001, Anderson, Mary Elvera (nee

Soderman, formerly Sjoblom). A-3734119, Araya, Luis Alberto y Franc, or

Luis Alberto Araya. A-5987595, Arias-Perez, Jose Angel. A-1901927, Augustatos, Panagis, or Peter

Btatos. A-7028110, Ballester, Amparo Teresa. Asela

(alias Amparo I.turbl Ballester).

A-3172055, Bartkowiak, Peter (alias Hans Halbe).

A-5220001, Bausback, Robert; Robert Hill. A-9575542, Berkhout, Willem. A-2588586, Bogdanovic, Savo, or Nicholas

Pechar. A-3793346, Borgwardt, Hans Karl. A-2890486, Borrell, Teresa Adell (nee Gel

ma). A-6451024, Black, Cristeta Bracamonte. A-4451159, Braxton, Bedena Mae (nee Jack

son). A-5277574, . Breed, Lois Hannah (nee Lois

Hannah Carson). A-6010603, Browne, Wolsely, or Woseley

Browne. A-5911494, Bubaris, Gus, or Constantine

Bubaris. A-6635469, Castillo, Margarita de Nino, Ol'

Margarita. Castmo-Guzman. A-6645953, Castilio-Nino (Nino-Castillo),

Maria Teresa. A-6732046, Caudillo, Tula. Bonnie or Buena

ventura. A-4196469, Chai, Yung Shu, or Ashun Yung. A-5780020, Chairman, Im.re Von Csernyak,

or Irving Chairman. A-5553362, Chiampl, Vincenzo, or James

Chiampi. A-4314275, Chaitowich, Louis, or Louis

Kaplan. A-6244381, Constantinidis, Aristides (alias

Aris Contis). · A-6221542, Cooper, Prisca Edrozo. A-1405762, Dadines, Gustus or Gus or Con

stantinos. · A-4859572, Dalsass, Vigilio. A-5696856, De Garcia, Reina Flores, or

Reina Flores or Reina V. Florez, or Reina Flores Garcia.

A-1319885, Dove, Alec George. A-4479978, Dumo, Caridad l'nigo, or Caridad

Inigo. A-6458415, Fenner, Edward George. A-6458414, Fenner, Ronald James. A-2383471, Freitas (de), Robert Montel'lo. A-4641707, Gabriel, John Riaza, or John

Riaza. A-6289030, Galocky, Peter, or Peter Galocki

or Szalaky. A-6682329, Gallant, Marie Doris. A-6682330, Gallant, Marie Aline. A-5078290, Gaug, Elizabeth (nee Bergman). A-4899082, Gobel, Andrew, or Andreas

Hupka. A-4266209, Goldschmidt, Paul Andrew. A-2984527, Gonzales, Juan Cruz. A-5965015, 00111ter, Anton, or Anton Goester A-6339993, Gutierrez-Telleria, Joaquin. · A-6057291, Henning, Charlotte (nee Meske-

witz or Moskowitz) . A-3622165, Hing, Frank, or Fon Hing. A-9527867, Hinojosa, Salvador De La Rosa. A-4740106, Hodge, James Milton. A-2744180, Horque, Abdul, or Abdul Ali or

Michael Banali. A-5789523, Ippolito, Lorenzo or Lawrenc!e. A-3009283, Karayiannis, Athanasios Joamis,

or Thomas Karras. A-4790517, Karlsen, Gustave Adolf, or Gus

Karlsen. A-4385826, Khan, Mohammed Yousaf, or

Mohammed Khan or Joseph Martin. A-6163659, King, Socorro Salvador. A-6537545, Lambert, Peter William. A-3244422, Larsen, Harry William. A-5279913, Lazarowitz, Liza, or Liza Pol-

lack or Liza Spector. A-5341670, Liu, Pin Pin or Lau (nee T'an). A-5946657, Macris, Demetrios (Demitrios)

George, or James Demetrios (Dimitrios Macris or James Morris or James Makeras).

A-1293850, Mair, Esther Julia (nee Arla.in formerly Be.aubrun).

A-6756642, Martlnez-CUellar, Joel. A-6342234, Mecham, Elisha James. A-6199462, Mecham, Peggy Lynn. A-6199463, Mecham, Eldon James. A-6290925, Morris, Edward Nemiah, or Ed-

ward Samuel Morris or Vincent Lawrence.

.8976 CO.NGRESSIONAL RECORD-HOUSE JULY 6 A-4648305, Moy, Mabel Mary, or Mabel

Chung Moy or Mabel Mary Song or Geung Keu Sing.

A-5348214, Munoz-Melendez, Lorenzo. A-6528174, Nino-Arroyo, Felipe. A-5670657, Nolfi., Nicola Mario. A-6069739, Nunez, Nicolas, or Nicolas Nunez

Valencia. A-6516676, O'Dwyer, Elizabeth (nee Semev-

aky or Elizabeth Semevsky Roberts). A-6145883, Ortaliz, Jose Montilla. A-6145884, Ortaliz, June Ann. .A-6145891, Ortaliz, Rosina Lou. A-6047308, Pedroza, Gilberto. A-6047309, Pedroza, Francisca. A-5322856, Phillips, Clarence Daniel. A-3138310, Pratelli, Gino. A-6056513, Ramirez-Mendoza, David. A-6243348, Rebollar, Jesus Garcia, or Jessie

Rebollar or Jesus Rebollar Y Garcia. A-5648666, Reno, Mildred Agnes (nee De

neau). A-6087331, Rivera, Maria Lorenza Gonzalez

(nee Mejia). ·A-3610681, Rodriguez, Antonio Manuel

Ruiz. A-6581448, Rodriguez, . Lucio Socorro, or

Lucio Rodriguez-Velo. A-6187293, Roesler, Norbert Leonhard Hugo. A-5377064, Rohan, Shelia (nee McLaugh

lin). A-5840169, Rose, Frederick Winston, or

Winston Rose. A-9530108, Rubin, Tore Gustaf Borje. A-5290628, Saklias, Stavros, or Steve Sak

Uas. A-9706709, Schoneveld, Willem. A-2851871, Shall, Mary Raffaefa (nee Zaf-

fino). · A-1748967, Shaher,Armed. A-1253293, Shlfriss, Oved. A-1521407, Shifriss, Shoshana (nee Sho

shana Zelmans) . A-6185203, Soriano, Vera Semenova (nee

Doroshenko) . A-6346405, Stocks, Alexander Albert. A-2593026, Strupp, Adele (nee Eckstein

alias Adele Elizabeth Strupp) . A-6378219, Tischner, Kenneth James, for

merly Kenneth James Qulgly. A-9607272, Valantasis, Georgios and George

Kosti Valantasis, or Valantassis. A-6249025, Van Dillen, Mathilde Alexan-

drine (nee Schoorel). A-6177707, Van Dillen,· Paul. A-6145980, Vasquez, Jose Garcia. A-6145981, Vasquez, Elizabeth Beedle. A-5553142, Von Rabenau, Alexander Con-

stantine (alias Alexander Olvera alias Alexander A. Rabenau).

A-4205188, Wang, Hsi, or Harry Wang. A-4205176, Wang, Djao Szi, or Lily Wang. A-6099150, Widerynski, Maria Antonietta. A-6551114, Zerda, Dolores Phyllis. A-6551115, Zerda, Dale Melford Aldeous.

The resolution was ordered to be read a third time, was read the_ third time, and passed, and a motion to reconsider was laid on the table.

MRS. SONIA KAYE JOHNSTON

The Clerk called the bill <S. 230) for the relief of Mrs. Sonia Kaye Johnston.


Be it enacted, etc., That in the administration of the immigration and naturalization laws the provision of section 13 (c) ·of the Immigration Act of 1924, as amended, which excludes from the United States persons who tare ineligible to citizenship, shall not hereafter apply to Mrs. Sonia Kaye Johnston, a native of England and citizen of Japan, now residing in London, England, and who ls the wife of Thomas F. Johnston, a citizen of the United States. If otherwise admissible under the immigration laws, said Mrs. Sonia Kaye Johnston shall be granted the status of a nonquota immigrant.

The bill was ordered. to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

TOSHIE OKUTOMI

The Clerk c.alled the bill (8. 980) for the relief of Toshie Okutomi.


Be it enacted, etc., That the provU:iona of the immigration laws relating to the exclusion of aliens "inadmissible because of race shall not hereafter apply to Toshie Okutomi, the Japanese fiancee of Orren J. Lucht, a citi-zen of 'the United States and an honorably discharged veteran of World War II, and that Toshie . Okutomi may be eligible for a visa as a nouimmigrant temporary visitor for . a period of 3 months: Provided, That the -administrative authorities find that the said Toshia Okutomi is coming to the United States with · a bona fide intention of being married to said Orren J. Lucht, and that she is found otherwise admissible under the immigration laws. In the event the marriage between the above-named parties does not occur _within 3 months after the entry of said Toshie Okutomi, she shall be required' to depart from the United States antl upon failure to do so shall be deported ln accordance with the provisions of sections 19 and 20 of the Immigration Act of February 5, 1917 (U. S. C., title 8, secs. 155 and · 156). In the event the marriage. between the abovenamed parties shall occur within 3 months after the entry of said Toshia Okutomi, the Attorney General is authorized and directed t.o record the lawful admission for permanent residence of said Toshie Okutomi as of the date of her entry into the United States, upon the payment by her of the required fees and head tax.


SOO HOO YET TUCK

- The Clerk called the bill (H. R. 1979) for the relief of Soo Hoo Yet Tuck.

There being no obiection, the Clerk read the bill, as fallows:

Be it enacted, etc., That, in the administration of the immigration laws, the alien Soo Hoo Yet TUck, Chinese minor son of Soo Hou You Toy, a citizen of the United States, shall be admitted to the United States for permanent residence upon application hereafter filed and without presenting an immigration visa or other travel documents. Upon the admission of the said Sao Hoo Yet Tuck to the United States for permanent residence, the Secretary of State shall instruct the proper quota-control officer to deduct one number from the quota for the Chinese for the first year such quota is available.


Strike out all after the enacting clause and insert in lieu thereof the following: "That in the administration of the immigration and

·naturalization laws, the alien Soo Hoo Yet Tuck, the Chinese minor son of Sao Hou You Toy, a citizen of the United States and an honorably discharged veteran of World War II, shall be deemed to be a nonquota immigrant, if otherwise admissible into the United States."



MRS. JUSTA G. VDA. DE GUIDO ET AL.

The Clerk called the bill (H. R. 3768) for the relief of Mrs. Justa G. Vda. de Guido, Belen de G~do, Mulia de Guido, and Oscar de Guido.


Be it enacted, etc., That in the administration of the immigration and naturalization laws the Secretary of State and the Attorney General are hereby authorized and directed to provide for the admission into the United-States of Mrs. Justa G. Vda. de Guido, Belen de-Guido, Mulia de Guido, and Oscar de Guido, the wrdow and the children_ respectively of. Gen . . Jose ~. De Guido: Pro-

. videct, That they are elJgibl~ under the immigration laws of the United ·states other than annual quota limitations.

SEC. 2. Upon the enactment of this act the Secretary of State shall iirstruct the preper quota-control officer to deduct four numbers from the quota for the Philippine Islands of the first year that such quota numbers are available.

With the following committee amend~ent:

' -Strike out all after the enacting clause and

insert in lieu thereof the following: "That in the administration of the immigration and naturalization laws the Attorney General 1s hereby authorized and 'directed to record the last lawful admission lnto. the United States of Mrs. Justa G. Vda. de Guido, Belen de GUido, Mulia de Guido, and Oscar de GUido, as a lawful. admission for permanent residence.

"SEC. 2. Upon the enactment of this act, Mrs. Justa G. Vda, de GUido, and Mulia de Guido shall be held to be subject to the provisions of section 4 (b) of the Immigration Act of May 26, 1924, as amended; and the Secretary of State shall instruct the proper quota-control officer to deduct four numbers from t~e quota for the Ph11ippine Islands of the first year that such quota numbers are available."


The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on-the table.

ALEXIS LEGER

The Clerk called the bill <H. R. 3816) for the relief of Alexis Leger.

There ·being no objection, the Clerk read the bill, as fallows:

Be it enacted, etc., That, in the administration of the immigration and naturalization laws, the Attorney General is authorized and directed to record the lawful admission for permanent residence of Alexis Leger, of Washington, D. C., as of July 14, 1940, the date on which he entered the United States in a. diplomatic status, if he ls otherwise admissible under the provisions of the immigration laws. Upon the enactment of this act the Secretary of State shall instruct the proper quota-control officer to deduct one number from the quota for France for the first year such quota is available.


APPOINTMENT OF PAUL A. SMITH

The Clerk called the bill (H. R. 4829) to authorize the President to appoint ~aul A. Smith as representative of the United States to the Council of the International Civil Aviation Organization

1949 CONGRESSIONAL RECORD-. HOUSE 8977 without affecting his status and perquisites as a commissioned officer of the Coast and Geodetic Survey.


Be it enacted, etc., That, notwithstanding the existing provisions of law or any rules or regulations issued thereunder, the President is authorized to appoint Paul A. Smith, a commissioned officer in the Coast and Geodetic Survey, as representative of the United States to the Council of the International Civil Aviation Organization, and his appointment to, acceptance, and service as such representative shall in no way affect any status, office, rank, or grade he may occupy or hold in the Coast and Geodetic Survey of the United States or any emolument, perquisite, right, privilege, eligibility for promotion or retirement, or other benefits incident to or arising out of any such status, office, rank, or grade: Provided, That during the time he holds the office of representative of the United States to the Council of the International Civil Aviation Organization he shall have the rank of rear admiral (lower half) of the Coast and Geodetic Survey, and shall in lieu of his pay as a commissioned oftlcer in the Coast and Geodetitl Survey receive such compensation and allowances as the Secretary of State shall prescribe payable from· appropriations made by law for the Department of State: Provided further, That so long as he remains representative of the United States to the Council of the International Civil Aviation Organization he shall retain his permanent rank and grade or such rank and grade to which he may be promoted by reason of his position on the lineal list of the Coast and Geodetic Survey.

SEC. 2. In the performance of his duties as representative of the United States to the Council of the International Civil Aviation Organization he shall be subject to no supervision, control, restriction, or prohibition other than would be operative with respect to him if he were in no way connected with the Coast and Geodetic Survey.


GEORGE SEEMAN JENSEN

The Clerk called the bill (H. R. 3718) for the relief of George Seeman Jensen.


Be it enacted, etc., That in the administration of the immigration and naturalization laws, George Seeman Jensen, a native of Denmark, shall be admitted into the United States upon application made notwithstanding the provisions of the act of March 4, 1929, relatin~ to entry after deportation (8 u. s. c. 180).

The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a motion to reconsider was laid on the fable.

ZORA B. VULICH

The Clerk called the bill CH. R. 4306) for the relief of Zora B. Vulich.

There being no objection, the Clerk read the bill, as follows :

Be it enacted, etc., That the Secretary of State and the Attorney General be, and they are hereby, authorized and directed to issue one nonquota immigration visa to Zora B. Vulich, the widow of Capt. Borivoje Vulich who was killed in action on August 22, 1945, while serving with the United States Army

Air Forces: Provided, That she ls eligible for immigration under the existing laws other than quota limitations.


Page l, strike out all after the enacting clause and insert the following: "That, for the purposes of the immigration and naturalization laws, Mrs. Zora B. Vulich, the widow of Capt. Borivoje Vulich, who was killed in action on August 22, 1945, while serving with the United States Army Air Forces, who would be entitled to nonquota immigration status but for the death of her husband, shall, if otherwise found admissible to the United States, be deemed to be a nonquota immigrant."


The bill was ordered to be engrossed and read a third time, was read the third time, and passed, and a moticn to reconsider was laid on the table.

MRS._ MIRIAM G. WORNUM

The Clerk called the bill <H. R. 4854) for the relief of Mrs. Miriam G. Wornum.


Be it enacted, etc., That, for the purposes of the immigration and naturalization laws, section 401 ( e) of the Nationality Act of 1940 shall be held not to apply to Mrs. Miriam G. Worn um.


Page 1, strike out lines 3 to 5, inclusive, and insert the following: "That Mrs. Miriam G. Wornum, a native-born former citizen of the United States, born in San Francisco, Calif., on March 9, 1898, who lost citizenship of the United States by voting in British elections, may be naturalized by taking, prior to 1 year from the date of enactment of this act, before any court referred to in subsection (a) of section 301 of the Nationality Act of 1940, as amended, the oaths prescribed by section 335 of the said act. From and after naturalization under this act, Mrs. .Miriam G. Wornum shall have the same citizenship status which she had immediately prior to its loss."



HAZEL L. GILES

Mr. BRYSON. Mr. Speaker, I ask unanimous consent to return to No. 372 on the Private Calendar and the immediate consideration of the bill CH. R. 1105) for the relief of Hazel L. Giles.


the request of the gentleman from South Carolina?


Be it enacted, etc., That the limitation placed upon the time within which application may be made by enlisted members of the armed forces for settlement of and compensation for leave under section 5 of the Armed Forces Leave Act of 1946, as amended (U. S. c .• 1946 ed., Supp. I, title 37, sec. 34), ts hereby waived in favor of Hazel L. Giles, of Monroe, N. C., and his claim for leave ts authorized and directed to be considered and acted upon under the remaining provl~

sion of such act, as amended, if he files such claim with the Department of the Army not later than 60 days after the date of enactment of this act.


CALL OF THE HOUSE

Mr. JUDD. Mr. Speaker, l make a point of order that a quorum is not present.

The SPEAKER. Obviously a quorum is not present.

Mr. McCORMACK. Mr. Speaker, I move a call of the House.

A call of the House was ordered. The Clerk called the roll, and the fol

lowing Members failed to answer to their names:

[Roll No. 121) Barrett, Pa. Heller Pfeiffer, Bolton, Ohio Hoeven William L. Boykin Hoffman, Ill. Plumley Buckley, Ill. Hoffman, Mich. Powell Buckley, N. Y. Jenkins Price Bulwinkle Jennings Quinn Byrne, N. Y. Jonas Ramsay Cell er Kee Redden Chatham Kilburn Regan Chelf Kilday Rhodes Chesney Klein Rivers Chudoff Latham Rogers, Mass. Clevenger Lesinski Roosevelt Cooley , McGrath Sadowski Coudert McMillan, S. C. Scott, Davies, N. Y. McMillen, Ill. Hugh D., Jr. Davis, Ga. Mcsweeney Shafer Delaney Macy Sikes Dollinger Martin, Iowa Smathers Douglas Martin, Mass. Smith, Ohio Doyle Mason Staggers Durham Merrow Stanley Elston Miller, Nebr. Stockman Engel, Mich. Mitchell Taber Fallon Multer Tackett Fellows Murdock Taylor Fogarty Murphy Thomas, N. J. Gamble Murray, Tenn. Towe Gavin Nelson Underwood Gilmer Nixon Vursell Gordon Norton Walsh Gorski, Ill. O'Brien, Ill. Weichel Granger O'Brien, Mich. Werdel Hall, O'Konski Wilson, Tex.

Edwin Arthur Patterson Withrow · Harrison Pfeifer, Woodhouse Hedrick Joseph L. Zablocki

The SPEAKER. On this roll call 323 Members have answered to their names, a quorum.

By unanimous consent, further proceedings under the call were dispensed with.

INTERNATIONAL CHILDREN'S EMERGENCY FUND

Mr. RICHARDS. Mr. Speaker, by direction of the Committee on Foreign Affairs, I ask unanimous consent to take from the Speaker's table the bill CH. R. 2785) to provide for further contributions to the International Children's Emergency Fund, with a Senate amendment, and concur in the Senate amendment.

The Clerk read the title of the bill. The Clerk read the Senate amend

ment, as follows: Page 2, after line 3, insert: "SEC. 2. Funds appropriated by the second

paragraph of title I of the Foreign Aid Appropriation Act, 1949, shall remain available through June 30, 1950."

The Senate amendment was agreed to. A motion to reconsider was laid on the

table.

8978 .CONGRESSIONAL RECORD-HOUSE JULY 6 CLAIMS OF FOREIGN GOVERNMENTS

Mr. KEE. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House ·on the State of the Union for the further consideration of the bill <H. R. 4406) to provide for the settlement of certain claims of the Government of the United States on its own behalf and on behalf of American nationals against foreign governments.

The motion was agreed to. Accordingly the House resolved . itself

into the Committee of the Whole House on the State of the Union· for the further consideration of the bill H. R. 4406, with ·Mr. WALTER in the chair.

The Clerk read the title of the bill. Mr. BECKWORTH. Mr. Chairman, I

off er an amendment. The Clerk read, as follows: · Amendment offered by Mr. BECKWORTH:

On page 8, line 11, after the· word "award", strike· out the remainder of line 11, and all of 'une 12 and the word "reasonable" on line 13.

Mr. BECKWORTH. Mr. Chairman, the purpose of my amendment is to prevent attorneys who represent these claimants from collecting more 'than 10 percent. In speaking on this legislation yesterday, I expressed the opi~ion that many people with Claims not so meritorious are likely to benefit as a !-esult of the passage of this legislation and I still entertain the same fear. I believe my amendment will help to rectify the bill.

Under the language of the bill if an attorney or a group of attorneys sought to prosecute. a .cl.aim for ·clients ' to obtain 50 percent of that which they recovered, by the language which is in this bill they certainly · could recover 10, 25, or 50 percent, and maybe even more . . Ten percent', I submit, is enough.

In regard to the legislation as a ·whole, there has been a lot said .about this benefiting American citizens. · I say to you that it has not been emphasized by the authors of this bill that the legislation likely benefits many more people other

·than American ·citizens. If the committee should emphasize all the real facts, the committee would probably have

_spent more time discussing the number of people who may not be American citi

. zens thaf would ·benefit. · This statement is well borne out by the hearings which were held on this legislation.

Let us . examine the record. What about United States Government

claims? I quote from a letter the State Department wrote me July 5, 1949:

The only claims which the United States · Government itself, · as distinguished from · American nationals, has against Yugoslavia . are for the value of a jeep ($2,000) and two airplanes ($280,000).

I venture to say, because of the emphasis placed on ,that lonely jeep and

· the two airplanes, the bill has more rap-idly progressed. ·

Over and over it is emphasized this bill · is for American nationals. Let us read from the committee report, page 5, I quote:

Included in addition to the United States Government itself- ·

The jeep and two airplanes are brought in again-

·are American corporations whose claims, while srpall in number, bulk largest in value-

- · This· is another- way of saying a large portion of the claims are by American

. corporations-and recently naturalized citizens of former Yugoslav nationality.

Let us examine these words of the re-, port again. Who is to. benefit according to the committee report? It does not say American citizens, but instead "recently naturalized." Note that word "recently"-United.States citizens of former Yugoslav nationality-yes, very recent Yugoslav nationality. Then· American, ·corporations are to benefit-corporations like Socony-Vacuum which has a claim of seven to eleven miUio.ns and the American-Yugoslav Electric Co. which -has a claim for three and one-half millions. On page 49 of tlie hearings Mr. Radin says:

I just hea:r:d there are six or "seven million dollar claims.

A few large claiman~s will sop up the full amount in the main, I predict.

I emphasize 'the chief beneficiaries are American corporations whose claims

, "bulk Iaz:gest in value" and recently naturalized-· United States citizens of former Yugoslav nationality. Now add to this non-American citizens ·who have interests in foreign corporations and you have the beneficiaries. I quote from page

· 65 ·of the hearings. The words are those of Mr. Isadore G.' Alk, a Washington at-torney. He says: ·

I appear on behalf of the American stockholders of a Swiss corporation whose prop~ erty in Yugoslavia ha~ ~een nat_ionalized~

He does not emphasize that the Swiss stockholders, noncitizens, will benefit also. If a bare .20 percent of the Swiss corporatio;n is ow_ned by · the American

. stockholders and $5,000,000 is recovered, the American stockholqers will get $1,-000,000 and the Swiss stockholders· will get $4,000,000. Stupendous benefits for

· noncitizens. ' I repeat, the chief beneficiaries under

this legislation are American corporations, foreign corporations, where American citizens own 20 percent of their stock and recently naturalized United Citizens formerly of· Yugoslav nationality.

Ac-cording to Attorney Radin it goes far beyond aiding American citizens. I quote from his statement on page 51:

This bill should, therefore, enable American citizens only and .their Government to benefit by it. The bill should not make it possible for non-American citizens to benefit by its terms with the help of an American corporate veil. What may be hiding behind the provision in tJ:le agreeme~t with Yugo

:slavia to the effect that American corpora-tions are to enjoy equal rights thereunder with other American claimants if 20 percent

_Of their stock is owned by American· citizens? The injustice of such a situation is glaring when we know.that such non-American citizens would benefit at the expense of American citizens and their . Government? The situation becomes even worse if we are to pierce through the corporate veil and see

. who are the individuals hiding ' back of it. Such would be beneficiaries ·under the proposed law I have found in many countries in the course of my practice of private inter-

.national · 1aw. They are in reality citizens of no c,ountry and they do not owe allegiance to any nation. They and their children never fight for any country. They rent apartments in top hotels in many cc;>untries and give as their residence one which suits ·best a given purpose · at a given time. Al,though Europeans, I saw them travel with .the aid of· diplqmatic passports issued by Haiti or with Chinese trave~ documents. In order to manipul~i(e and evade laws of different couptries where they operate, with the aid of· local dummies they organize corporations under different laws in different countries-and the little state of Lichtenstein is popular for such purpose--although in the case before us America_n . corpor.ations were obviously ch9sen. I submit that such international sharks should not be enabled to benefit by this American law-notwithstanding . the provision in the agreement with Yug9slavia about tll,e 20 percent of shares of stock only which must be owned ·by American citizens, Surely, such a provision could not have been inserted in the ag!~e~ent at the request of Yugoslavia for obviously that provision is against ·Yugoslavia's interests.

Yes, this is a big bill-much more is in it than meets· the eye. The $17,000,000 Yugoslavian fund is just a token. I quote from page 4 of the committee report:

·The settlement with Yugoslavia is the first of its kind in the postwar situation. Others may be expected. Negotiations are now in progress for a settlement with Czechoslovakia of claims totaling about ·$80,000 ,000 growing out of the nationalization and other taking of American property interests. Negotiations ·are expected-to be · opened with Poland concerning similar claims totaling $175,000,-000. The agreement with Yugoslavia therefore is of particular interest as a possible pattern for other settlements.

Too, it has been. said _this bill can cost -but $17,000,000. I doubt this. I quote -from-page 32 of-the hearings;

Certain important consequences may flow from such a violation. For example, in article 1 of the agreement it is provided that in adjudication of the individual claims, if it is found that the valid .clams are less than $17,000,000, the difference shall be refunded to Yugoslavia. Let us assume that the claims covered by the agreement are adjudicated in the total sum of $15-,000,000, thus entitling Yugoslavla to a refund of $2,000,000. However, if by Including claims not encompassed by the agreement another $2,000,000 is taken from the fund, making a total adjudication of $17,000,000, Yugoslavia would nevertheless be entitled to a $2,000,000 refund from this Government. It would be necessary for the Congress to appropriate $2,000,000 to enable this Government to comply with its obligation to refund.

Note what Mr. Lons and :Mr. Neuber-.ger, who represented.a number of clients, I assume, have to say about the bill. I read from a statement on page 64 of the hearings:

Several members of the House committee, including Mrs. DOUGLAS, Mr. JAVITS, and others, pointed out that grave inequities were likely to occur under H. R. 4406. For example, foreign stockholders in an Ameri-

-can corporation, in which there was only a 20-percent beneficiaJ American interest, would receive p~yment u~der the , bill.

What does that mean? It means that jf a corporation taken over by ·Yugoslavia

· is . a Swiss corporation, and the claim of $5,000,000 ~s satisfied and 20 percent of that corporation is owned by American citizens, the American citizens would

1949 CONGRESSIONAL RECORD-HOUSE 8979 recover $1,000,000 and the Swiss stockholders would recover $4,000,000. No; that kind of case has not been emphasized.

Furthermore, the hearings show this, that there is a likelihood that some citizens acquired an interest after the Yugoslav Government had taken over the property. Mind you, ladies arid gentlemen, this is the testimony of one of the men who is for the bill. What did he say? I quote his language on page 70 of the hearings. He said:

There is a possibility that some of the American · stockholders acquired their interest in the Swiss corporation shortly after some of the takings of the properties in Yugoslavia.

I quote some statements from the gentleman from Connecticut, · Representative · RIBICOFF, on page 71 of the hearings : -- · . Now, you talk about Americans who ac

quired their interest after the taking, which would indicate to me they went· in there on speculation and picked this up at a song because they knew when they bought the stock they had a corporation which was already confiscated and therefore they probably went to somebody and probably paid them a fraction of a cent on the dollar-I think there are a lot of claims like that, and we don't want to give protection to those kinds of people. It is a very dangerous precedent to protect speculators of that type who go in to pick up interests that are supposedly worthless and then have the Unit ed States protect them for the full amo-.mt.

~ ,. I have .a situation which has been called to my attention where a group of Americans acquired approximately a $12,000,000 interest for $20,000, plus a contingent payment of $260,000. Well , certainly I cannot find much sympathy 'in my heart for someone who goes ahead and tries to pick up a $12,000,000 property for $20,000 and expect the United States ~o give them protection for the face value.

Again I quote from the testimony of Mr. Alk on page 71: '

I thoroughly agree with you on the general proposition that, if there are cases where Americans for purposes of speculation - acquired direct or indirect interests, that they ought not to b., treated on a par with everybody else.

That means, as I understand it, a person could acquire an interest in a corporation after it was taken over by the Yugoslavs and then come here and prosecute a claim and perhaps recover as an American citizen. This -bill as written will help, in the main I say, people who are not what might be termed small American citizens, but American corporations and foreign corporations, foreign corporations which can recover as much as 80 percent of the established value of the corporation under the terms of this bill.

I say that this bill should be sent back to the Committee on Foreign Affairs. It should be studied. I do not believe it was studied as it should have been studied in the first place, because it does not, by its very provisions, inure to the benefit of the average small American businessman. The Socony Vacuum Oil Co. is one of the claimants. They claim anywhere from $7,000,000 to $11,000,000. The American Yugoslav Electric Co. is another of the claimants". They claim from three and one-half to four million dollars. What does the American Gov-

XCV--566

ernment get out of this? It has never been said that but two claims are advanced by the American Government, one a jeep and the other two airplanes. Then they say in the report that it is true that there are a good many American citizens, naturalized American citizens, who very. recently were Yugoslav nationals.

As I said yesterday, this Congress last year authorized the War Claims Commission. This Commission could do the job and should do it. I hope the bill will be recommitted, studied more, and when reported again, aelegate the War Claims Commission to do the job, thereby preventing the creation of another commission. · Mr. RIBICOFF. Mr. Chairman, I rise in opposition to the amendment. -

Mr. Chairman, if you will study the legislation you will find that the fee is set at 10 percent and shall not exceed· that sum unless in special circumstances the Commission shall find a larger fee is just and reasonable. That is entirely within the discretion of the Commission itself. There. may . be circumstances where an attorney in order to protect his client's interest does such an amount of work that the 10-percent co:pipensation is not sufficient. C~rtainly we should not foreGlose an attorn.ey unp~r .thpse · ctrcµ_mstances from receiving _ the larger fee if the Commission deems it wise.

With all due respect to the gentleman from Texas, who made the statement that the committee did not study this bill; I believe that if he had studied this legislation to the extent the committee did he would not have made some of the statements he. did make.

Mr. BECKWORTH. Mr. Chairman, will the gentleman yield?

Mr. RIBICOFF. . I yield to the gentleman from Texas.

Mr. BECKWORTH. How many types of claims were discussed in the hearings that the committee went into in detail?

Mr. RIBICOFF. The gentleman points out the size of the corporate claims. '

. Mr. BECKWORTH. I wish the gentleman would answer my specific -questibn. ·

Mr. RIBICOFF. What the gentleman is talking about appears in the treaty and the agreement between the United States and Yugoslavia. That is a fait accompli. There is nothing this Congress can do about setting aside that claim. This is a function of the executive branch of the Government, and the Constitution devolves that function upon the Executive. The United States entered into this agreement with Yugoslavia. The agreement with Yugoslavia set up the categories and classifications of American citizens that would be compensated. The only thing for this Congress to do is to set up the method, the means, and the agency to distribute the funds, the $17,-000,000 that is in the hands of the United States in escrow for American nationals. All that remains is to set up the agency to distribute that fund.

If this bill were recommitted, if this bill were defeated, it would not change one iota that agreement, which is already legal and final between the Government of Yugoslavia and the Government of the

United States. The m~in objection of the gentleman from Texas is that he wants to set aside a function of the Executive concerning which this Congress does not have jurisdiction. If the debates of yesterday were followed very closely, you would see that the Supreme Court of the United States has stated that this is purely a function of the executive branch of the Government.

Mr. Chairman, I trust this amendment will be defeated. ·

Mr. WHITE of Idaho. Mr. Chairman, will the gentleman yield? ·

Mr: RIBICOFF. I yield. Mr. WHITE of Idaho. On page 4, be

ginning in line 16, appears this language: Or included within the terms of any claims

agreement hereafter concluded between · the Government of the United States arid a foreign government (e~clusive of governments against which the United States has declar~d tht? existence of a state of war d~ing World war II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government-

If this is not a permanent commission what does that mean? .

Mr. RIBICOFF. This bill contemplates not · only the settlement and dis-

- tributioli of claims made against the Government of Yugoslavia but the distribution of funds when the United States makes agreements with other countries. At the present time negotiations are being carried on with the Governments of Czechoslovakia and Poland. When those negotiations are completed and the funds paid into the Treasury of the United States, this method will be used to distribute to American nationals the funds provided for in those particular settlements.

Mr. WHITE of Idaho. The effect of that language is to make a permanent commission out of this Commission.

MJ:". RIBICOFF. . This Commission is not permanent. The existence of this Commission terminates when the funds are distributed. It will terminate at that time.

Mr. WHITE of Idaho. Under the provisions of this bill, the Secretary of State appoints three men at a salary of $15,000 each per year. Will they be confirmed by the Senate?

Mr. RIBICOFF. They will not. Mr. WHITE of Idaho . . They in turn

:will set up another exec.utive office appointed by the Secretary of State.

Mr. RIBICOFF. No. That will be within the jurisdiction of the State Department and in accordance with the recommendations of the Hoover Commission report.

Mr. VORYS. Mr. Chairman, will the gentleman yield? ·

Mr. RIBICOFF. I yield to the gentleman from Ohio.

Mr. VORYS. The gentleman does not mean this is approved by the Hoover Commission?

Mr. RIBICOFF. No; the Hoover Commission did not consider it, but it comes within the purview of the recommendations of the Hoover Commission, which definitely sets forth that separate agencies shall not be created and separate agencies shall not exist, but the functions

8980 CONGRESSIONAL RECORD-HOUSE JULY 6 of these agencies shall devolve within the department which has jurisdiction. The State Department has jurisdiction of the functions within the executive branch when it comes to the foreign relations of the United States. Therefore, this function belongs within the State Department, in accordance with the broad outlines of the recommendations of the Hoover Commission report.

The CHAffiMAN. The question is on the amendmerit offered by the gentleman from Texas [Mr. BECKWORTH l.

The question was taken; and on a division (demanded by Mr. BECKWORTH) there were-ayes 96, noes 61.

Mr. KEE. Mr. Chairman, I demand. tellers.

Tellers were ordered, and the Chairman appointed as tellers Mr. KEE and Mr. BECKWORTH.

The Committee again divided; · and · the tellers reported there were-ayes 98, noes 53.

So the amendment was agreed to. Mr. VORYS. Mr. Chairman, I move

to strike out the last word. Mr. Chairman, I am sure the gentle

man from Texas [Mr. BECKWORTH] wants it distinctly understood that the adoption of his amendment does not remove his general objections to this bill. This amendment simply makes it a little less worse. This is a very bad bill. It should be recommitted. I know of no Republican, on or off the committee, who is not in favor of recommitting this bill so that we may correct some of the terrible injustices that are in it now.

In the first place, to divide up among American claimants this $17,000,000 that we received from Yugoslavia, there is no sense in creating a new agency. The gentleman from Texas feels it should be handled by the War Claims Commission. Certainly it could be handled by the Court of Claims. There is no sense setting up a new agency with three commissioners at $15,000 a year each, to continue until the 3 percent is used up, and, as the gentleman from Connecticut [Mr. RIBICOFF J said, "with many dozens of employees." There is no sense setting up a new agency to handle it.

It must be understood that the Hoover Commission did not recommend appointment of this commission.

Mr. LODGE. Mr. Chairman, will the gentleman yield?

Mr. VORYS. I yield. Mr. LODGE. The point has been

made that if this bill is recommitted it will not change the Yugoslav claims agreement. Of course that is true. But if congressional consent is necessary, it can be withheld or it can be given under conditions. We are under no obligation to rubber stamp legislation. If this bill is recommitted, we may have a better agreement with Czechoslovakia and with Poland with which countries, I understand, agreements similar to the Yugoslav agreement are being negotiated. That in itself is reason enough to re~ commit the bill, purely aside from the other arguments which the gentleman from Ohio has so eloquently urged.

Mr. VORYS. We do not need this machinery to take care of this $17 ,000,000 that our Government kept when they had $46,000,000 of Yugoslav gold in their

hands to meet $40,000,000 of American claims. Nobody has yet explained why it was that with $40,000,000 of American claims we turned back all but $17,000,000: We do not need this new creation to take care· of that; it can be done by the Court of Claims or the War Claims Commission.

Mr. RIBICOFF. Mr . . Chairman, will the gentleman yield?

Mr. VORYS. I do not yield. On the other hand, this is to be the

wave of the future; this is to be general, permanent legislation; it is, according to the majority committee report, to take care of $295,000,000 of claims of American citizens in foreign countries arising out of nationalization of American property. It proposes that from now on our

·Government will negotiate a percentage settlement, in this case 42 % percent, with some foreign government, an en bloc settlement-e-n b-1-o-c-that is French for wholesale. You will find that in the bill in the part to which the gentleman from Idaho [Mr. WHITE] referred. It will be such a settlement and it will be put in this new bureaucracy set up in the State Department. The Secretary of State appoints the commissioners and all the employees, he hires and fires them, and can end the whole commission at any time. These claimants will take what the State Department commission allows them, and will never under this bill get a chance to have their claims considered in the courts of the United States or of any country on earth. That is a precedent that we do not want to establish, but we will do it if we pass this bill. Certainly we need no bill like this to take care of the division of this $17,000,000 now in the Treasury of the United States.

Mr. BECKWORTH. Mr. Chairman, will the gentleman yield?

Mr. VORYS. I yield. Mr. BECKWORTH. It should be

borne in mind that under this bill apparently many people who are not American citizens or nationals can and will benefit.

Mr. VORYS. That is true. .Mr. WHITE of Idaho. Mr. Chairman,

will the gentleman yield? Mr. VORYS. I yield briefly to the

gentleman from Idaho. Mr. WHITE of Idaho. Will anybody

under the provisions of this bill be appointed by an elective officer of the United States?

Mr. VORYS. No; they will be appointed by the Secretary of State and not confirmed by the Senate or anybody; and they would be responsible to nobody, because their judgment is final.

Here is the important thing: In the future we want Americans to invest all over the world; part of the President's fourth point is to encourage American investment abroad. We are not going to have Americans invest abroad if, instead of having their Government follow them into foreign countries to see that they get justice, they find themselves under a system where the American Government makes an agreement with some foreign country, when American property is seized, and the American citizen has to take a percentage settlement.

This bill should be recommitted to the House Committee on Foreign Affairs.

Mr. RICHARDS. Mr. Chairman, I rise in opposition to the amendment.

Mr. Chairman, I have listened to the statement of the' gentleman from Ohio that there is not one Republican who is for the bill. I do not know that he speaks for the entire Republican membership here; I know he does not speak for the entire membership of the House Committee on Foreign Affairs, not even the Republican membership in this case, because whep this bill was reported out there was only one vote against it, and according to my recollection that vote came from the gentleman from Ohio.

The gentleman from Ohio tries to paint a dreadful picture to you here, that this is a terrible bill; he calls it the United States International Claims Surrender Act. For the benefit of the Members who were not here yesterday I will go over a little of the history of this bill with your permission. · ·

In 1941 an Allied submarine brought a shipment of gold to this country from Yugoslavia. At that time the Germans were overrunning Yugoslavia. That sum was placed in the Federal Reserve Bank of New York, I believe. The Government of Yugoslavia in exile was al• lowed to draw on that fund for its expenses over here only. After we had recognized Tito he was allowed to draw on the fund for governmental expenses in the United States only.

Then the Tito government appealed to the United Nations to take jurisdiction over the fund and turn' it over to his government. The United Nations refused to assume jurisdiction. From that time on Tito has been continually trying to get his hands on this fund; Our Government has refused to unfreeze these funds until the property loans· of our nationals in Yugoslavia were repaid, If those actions of the State Department amount to surrender, then I do not know what surrender is.

When the State Department made the agreement with Yugoslavia 1 year ago, it got over 40 percent of the amount of all claims. Up until that time settlement of similar claims had only averaged 9.8 percent. It is the finest settlement the State Department has ever made for American citizens having claims against a foreign nation. Is that surrender? Or is that protection of American rights? ·n is protection of American rights. ·

Mr. Chairman, let us not forget that this money does not belong to the United States. Under international law and under the agreement between the United States and Yugoslavia, title to these funds are in Yugoslavia. As the gentleman from Cor~necticut said, we hoU those funds in escrow, so to speak. We are trustee for the funds.

The gentleman· from Ohio suggests that distribution of this fund should be under the jurisdiction of the United States Court of Claims. The Court of Claims of the United States has not the necessary machinery and even if it had the machinery I doubt that is could acquire jurisdiction because this fund does not belong to the United States.

The Court of Claims now has on file for disposal some 2,507 cases and it handles on an average about 300 claims a year. How long do you think it would

1949 CONGRESSIONAL RECORD-HOUSE 898J , take to pay American citizens the money due them if the Court of Claims were given jurisdiction in the premises?

Mr. Chairman, if American citizens are being taken for a -ride in this bill,

· why is it that not one single claimant, not one single American citizen or national came before the Foreign Affairs Committee and proposed that the distribution of this fund be handled by the · Court of Claims or any other judicial -·body? To the contrary, every claimant appearing before the committee urged that this bill- be passed. · Mr. KEE. Mr. Chairman, will the

gentleman yield? · · Mr. RICHARDS. · I yield to· the gen

tleman from West Virginia. Mr. KEE. Will the gentleman point .

out that the claimants in .this case number 1,500, which would mean 1;500 being tacked on to the 2, 700 now before the. Court of Claims.

Mr. RICHARDS. There are . 1,500 claimants. The Court of Claims ,has 2,5n7 claims on its docket. It handles omly about 300 cases a year. Figure it out for yourself.

Mr. Chairman, we will be doing the citizens of the United States an injustice if we do not pass this bill. · The CHAIRMAN. Under the rule, the Committee rises.

Accordingly the Committee rose; and the Speaker having resumed the . chair , Mr. WALTER, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill <H. R. 4406) to provide for the settlement of certain claims of the Government of the United States on its own behalf and on behalf of American nationals against foreign governments, pursuant to House Resolution 258, he reported the bill back to the House with sundry amendments adopted by the -committee of the Whole. · The SPEAKER. Under the rule, the previous question is ordered.

Is a separate vote demanded on any amendment? If not, the Chair will put them en gross.

The amendments wer.e agreed to. The SPEAKER. The question is on

the engrossment and third reading of the bill.

The bill was ordered to be engrossed and read a third time and was read the third time.

Mr. VORYS. Mr. Speaker, I offer a motion to recommit.

The SPEAKER. Is the gentleman opposed to the bill?

Mr. VORYS. I certainly am, Mr. Speaker.

The SPEAKER. The.Clerk will report the motion to recommit.

The Clerk read as follows: Mr. VoRYS moves to recommit the bill

H. R. 4406 to the Committee on Foreign Affairs.

Mr. McCORMACK. Mr. Speaker, I move the previous question on the motion to recommit.

The previous question was ordered. The SPEAKER. The question is on

the motion to recommit. The question was taken; and the Chair

·being in doubt, the Committee divided and there were-ayes 93, noes 73.

Mr. KEE. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered. The question was taken; and there

were-yeas 151, nays 177, not voting 104, as follows:

[Roll No. 122) YEAS-151

Allen, Calif. Gossett Allen, Ill. Graham Andersen, Gross

H. Carl Gwinn Anderson, Calif . Hagen Andresen, Hale ' Augus~ H. · Hall,

Angell Leonard W . Arends Halleck A:uchincloss Hand · Barrett, Wyo . ·Harden Bates. Mass. Harvey Beall Hays, Ark. Beckworth Hays, Ohio Bennett, Fla He.rter Bennett, Mich . Heselton Bisnop Hill Boggs, .Del. Hinshaw Bramblett Holmes Brehm Hope Brown, Ohio Horan Burdick Huber Byrnes, Wis . Hull Canfield · Jackson, Calif . Cannon James Case, N. J. Javits case, S . Dak . Jenison Chiperfield Jenkins Church Jensen Cole, Kahs. Johnson Cole, N. Y. Judd Corbett Kean Cotton Kearney Crawford Kearns Cunningham Keating Curtis Kelley Dague Kunkel Davis, Wis. Lecompte D'Ewart LeFevre Dolliver Lemke Dondero Lichtenwalter Eaton Lodge Ellsworth Lovre Engle, Calif. McConnell Feighan McCulloch Fen ton McDonough Ford McGregor Fulton McKinnon Gathings Mack, Wash. Gillette Marshall Golden Meyer Goodwin Michener

Abbitt Abernethy Addonizio Albert Allen, La. Andrews Aspinall Bailey Barden Baring Bates, Ky. Battle . Bentsen Biemiller Bland Blatnik Boggs, La. Bolling Bonner Bosone Breen Brooks Brown, Ga. Bryson Buchanan Burke Burleson Burnside Burton Carlyle Carnahan Carroll Cavalcante Cell er Christopher Chudot! Clemente Colmer Combs Cooley Cooper

NAYS-177 Crook Crosser Davenport Davies, N. Y. Davis, Tenn. Dawson Deane DeGraffenried Denton Dingell Donohue Doughton Eberharter Elliott Evins Fernandez Fisher Flood Forand Frazier Fugate Furcolo Garmatz Gary Gore Gorski, N. Y. Granahan Grant Green Gregory Hardy Hare Harris Hart Havenner Hebert Heffernan Herlong Hobbs Holifield Howell

Miller, Md. Miller, Nebr. Morton Nicholson Nixon Norblad Norrell O'Hara, Minn. O'Toole PhHlips, Calif. Phillips, Tenn. Polk Potter Poulson ·Rankin Reed, Ill. Reed, N. Y. Rees Rich Riehlman Rogers, Mass. Sadlak St. George Sanborn Scott, Hardie Scrivner Scudder Secrest Short Simpson, Ill. Simpson, Pa. Smith, Kans. Smith, Wis. Stefan Stigler Talle Tollefson Van Zandt Velde Vorys Vu rs ell Wadsworth Welch, Calif. Werdel Wigglesworth Williams Wilson, Ind. Wolcott Wolverton Woodruff

Jackson, Wash. Jacobs Jones, Ala . Jones, Mo. Jones, N. C. Karst Karsten Kee Kennedy Keogh Kerr King Kirwan Kruse Lane Larcade Lind Linehan Lucas Lyle Lynch McCarthy McCormack McGuire Mack, IU. Madden · Magee Mahon Mansfield Marcantonio Marsalis Miles Miper, Calif. Mills Monroney Morgan Morris Morrison Moulder Murdock Murphy

Murray, Tenn. Noland O'Hara, Ill. O'Sull1van Pace Passman Patman Patten . Perkins Peterson Philbin Pickett Poage Priest Rabaut Rains -Regan Rhodes

Ribicoff Vinson Richards Wagner Rodino Walter Rogers, Fla. Welch, Mo. Rooney Wheeler Sabath White, Calif. Sadowski White, Idaho Sasscer Whitten-Sheppard Whittington Sims Wickersham Spence Wier Steed Willis . Sullivan Wilson, ·Okla . . Sutton Wilson, Tex. Tauriello Winstead Thompson Worley Thornberry Yates Trimble Young

NOT VOTING-104

Barrett', Pa. Hedrick Pfeiffer, · Blackney Heller William L. Bolton, Md. Hoeven Plumley Bolton, Ohio Hoffman, Ill. Powell Boykin Hoffman, Mieh .-Preston · · Buckley, UL · Irving - Price . Buckley, N. Y Jennings Quinn Bulwinkle Jonas Ramsay . Byrne, N. Y . - Keefe Redden Camp Kilburn Rivers Chatham Kilday Roosevelt Chelf Klein Scott, . Chesney 'Lanham Hugh D., Jr. Clevenger Latham Shafer Coudert Lesinski Sikes Cox McGrath Smathers Davis, Ga. McMillan, S. C. Smith, Ohio Delaney McMillen, Ill . Smith, Va Dollinger Mcsweeney Staggers Douglas Macy Stanley Doyle Martin, Iowa Stockman Durham Martin, Mass. Taber Elston Mason - Tackett Engel , Mich. Merrow Taylor Fallon Mitchell Teague Fellows Multer Thomas, N. J. Fogarty Murray, Wis. Thomas, Tex. Gamble Nelson Towe Gavin Norton Underwood Gilmer O'Brien, Ill . Walsh Gordon O'Brien, Mich Weichel Gorski, Ill. O'Konski Whitaker Granger O'Neill Withrow Hall, Patterson Wood

Edwin Arthur Pfeifer, Woodhouse Harrison Joseph L. Zablocki

So the motion to recommit was rejected.

The Clerk announced the following pairs.

On this vote : Mr. Towe for, with Mr. Teague against. Mr. Taber for, with Mrs. Norton against. Mr. Hugh D. Scott, Jr., for, with Mrs.

Douglas against. Mr. Macy for, with Mr. Fallon against. Mr. Gavin for, with Mr. Fogarty against. Mr. Jonas for, with Mr. Roosevelt against. Mr. Shafer for, with Mr. Heller against. Mr. Plumley for, with Mr. Whitaker against. Mr. Coudert for, with Mr. Staggers against. Mr. Hoeven for, with Mr. Gilmer against. Mr. Welchel for, with Mr. Gordon against. Mr. Clevenger for, with Mr. Gorski of Il-

linois against. Mr. Engel of Michigan for, with Mr. Har

rison against. Mr. Hoffman of Michigan for, with Mr.

Stanley against. Mr. William L. Pfeiffer .for, with Mr. Sikes

against. Mr. Elston for, with Mr. Dollinger against. Mr. Fellows for, with Mr. Quinn against. Mr .. Gamble for, with Mr. Delaney against. Mr. McMillen of Illinois for, with Mr. Bar-

rett of Pennsylvania against. Mr. Latham for, wi';h Mr. Byrne of New

York against. Mr. Taylor for, with Mr. Chesney against.

against. Mr. Stockman for, with Mr. Mcsweeney

against". Mr. Merrow for, with Mr. McGrath against. Mr. Jennings for, with Mr. Klein against. Mr. Mason for, with Mr. Price against. Mr. Hoffman of Illinois for, with Mr.

Zablocki against.


General pairs until further notice: Mr. Tackett with Mr. Martin of Massachu-

setts. Mr. Rivers with Mr. Patterson. Mr. Redden with Mr. Martin of Iowa. Mr. Hedrick with Mr. Keefe. Mr. Kilday with Mr. Kilburn. Mr. De.vis of Georgia wit.h Mr. Edwin

Arthur Hall. Mr. Cox with Mr. Smith of Ohio. Mr. Wood with Mr. Nelson. Mrs. Woodhouse with Mrs. Bolton of Ohio.

The result of the vote was announced as above recorded.

The SPEAKER. The question is on the passage of the bill.

Mr. FULTON, Mr. Speaker, on that I demand the yeas and nays. ·

The yeas and nays were refused. So the bill was passed. A motion to reconsider was laid on the

table. PROGRAM FOR THE REMAINDER OF THE.

WEEK

Mr. HALLECK. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

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

There was no objection. Mr. HALLECK. Mr. Speaker, I have

asked for this time to inquire of the majority leader if he can tell us anything as to the program for the balance of the week.

Mr. McCORMACK. I will be very glad to do so. The next order of business is the basing-point bill. The rural telephone bill will not come up this week. The next order of business following the basing-point bill is the · salary increase for Government heads which, of course, the President is very strong for, and which he has asked for and takes the responsibility for, and which both sides ought to give him. Then following that will be the Puerto Rican farm-land bill.

If we dispose of that business by Thursday night, why then we will adjourn over until Monday. APPLICATION OF THE FEDERAL TRADE

COMMISSION ACT AND THE CLAYTON ACT Mr. LYLE. Mr. Speaker, by direction

of the Committee on Rules I call up House Resolution 2'77 and ask for its immediate consideration.

The Clerk read as follows: Resolved, That immediately upon the adop

tion of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for- the consideration of the bill (S. 1008) to define the application of the Federal Trade Commission Act and the Clayton Act to certain pricing practices. That after general debate whlch shall be confined to the bill and continue not to exceed 3 h,ours, to l)e equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary, the bill shall be read for amendment under the 6-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted and the previous question shall be considered as ordered. on the bill and amendments thereto to final passage without intervening motion ex.cept one motion to recommit.

Mr. LYLE. Mr. Speaker, I am pleased to yield one-half my time to the gentleman from Ohio [Mr. BROWN] and I yield myself such time as I may consume.

This resolution makes in order the immediate consideration of the bill, S. 1008, and provides 3 hours of general° debate unde:- an open rule. The bill, oftered by the Honorable JOSEPH C. O'MAHONEY, Senator from Wyoming, passed the Senate some time ago and W.{i.S ref erred to the House Committee on Judiciary.

Generally, · legislation coming to the floor under a rule is better understood than this particular bill. It is therefore particularly important· that the membership of this House follow the debate closely. It is a very important measure and is more far-reaching than many of us realize. The bill would make legal certain business practices about which there is some question at this time.

Mr. HALLECK. Mr. Speaker, will the gentleman yield?

Mr. LYLE. I yield to the gentleman from Indiana. ·

Mr. HALLECK. Does not the gentleman think it would be more accurate to say that the legislation primarily is designed to clarify uncertainties that now exist by reason of certain Federal Trade Commission rulings and Supreme Court decisions?

Mr. LYLE. That is the stated purpose of the legislation. The provisions of the bill are controversial and its passage or failure of passage will have tremendous effect ·upon American business practices. I commend the adoption of the rule, Mr. Speaker.

Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may desire.

Mr. Speaker, as the gentleman from Texas has explained, House Resolution 277 makes in order the consideration of the bill S. 1008, under an open rule and with 3 hours of general debate.

S. 1008 is a bill introduced by the Senator from Wyoming [Mr. O'MAHONEY], to define the application of the Federal Trade Commi_ssion Act and the Clayton Act to certain pricing practices. As the gentleman from Texas [Mr. LYLE] has well said, this is a very important piece of legislation. The measure was introduced in the Senate, was reported unanimously by the Committee on the Judiciary of that body, and was then passed by the Senate with very li'ttle or no objection to it. The measure then was referred in the House to the House Committee on the Judiciary, which held rather extensive hearings on it, first by a subcommittee and then later by the full committee. According to the inf orma- · tion given the Committee on Rules, the bill was reported unanimously by the House Committee on the Judiciary.

Thls legislation has been introduced for the purpose of clarifying certain trade practices which were brought into question as a result of a Supreme Court decision passing upon an order by the Federal Trade Commission in connection with the famous so-called Cement case, having to do with the pricing of cement on an r. o. b. point-of-delivery basis.

This bill is a technical bill, from a legal standpoint. The majority and minority members of the Committee on the Ju-

diciary appeared before the Committee on Rules requesting· this rule. Only one Member of the House appeared before the Committee on Rules in opposition to the granting of the rule. According to the information given to the Committee on Rules by members of the Committee oil the Judiciary there have been a great many industries in the United States, especially the heavy industries, that hav~

·for many years followed the practice of pricing their products on the basis of a delivered price. with the result that small industries and other users of these basic commodities have been able to exist in various sections of the country and compete on an equal basis with other manufacturers, processors, or fabricators who are located at or near the source of supply of these basic commodities.

I am thinking for instance of the steel industry. For a great many years, in America, steel has been priced on an f. , o. b. basis at the point of c;lelivery so that the users of steel, or t.he fabricators of steel, and the manufacturers of articles made of steel, do not find it necessary to locate in the very same area where steel is produced. ·but instead may have their factories many hundreds of miles away. do their fabricating and processing at that distant point, and yet compete on an even basis.

The contention has been made that this bill carries provisions which may injure small business. Outside of one or two small business organizations in the country practically all other small business organizations have endorsed this measure, according to the members of the Committee ·on the Judiciary.

The Committee on Rules was given every assurance by the Members who brought this bill before us from the Committee on the Judiciary that there is not a single line or word in the measure which will in any way permit violation of the present antitrust provisions of our laws or permit unfair competition in restraint of trade or in any other way injure small busmesses or small industries in America.

Mr. JENKINS. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. JENKINS. In my district there

are located two very large cement-manufacturing companies. Naturally, in view of the fact that the cement companies or the cement industry was involved in the case which went to the Supreme Court, the cement trade and those dealing in cement have been more interested in this for a longer time than any other group. From the impartial information which I have received, the little fellows, the little consumers of cement, have not been discriminated against, and are not complaining.

Mr. BROWN of Ohio. I might answer the gentleman by saying that in my own district there are two rather large cement companies that have been shipping cement all over the Middle West and into the East. They have been doing it on a pro rata basis because of the heavy demand for cement, with the result that local manufacturers of cement blocks and other cement products for the use of farmers, small-business men, and

1949 CONGRESSIONAL RECQRD-· HOUSE 8983 small factories in my part of Ohio have not been able to get all the cement that they want from the Io cal factories.

So, under this decision, as it was rendered, they pay one price for the cement which is made near home and pay another price for cement that is shipped in to them from Chicago or Missouri or somewhere else, and of course no one knows what the basic commodity they use may actually cost. It has created a very unsatisfactory situation, as the gentleman well knows. However, I want to point this out in conjunction with the statement made to the Rules Committee by members of the Committee on the Judiciary when they applied fQr a rule on this bill. The statement was made that this measure contained nothing that would in any way injure or endanger the welfare of small-business men and small factories and business concerns in this country. Information has been given us that the Department of Justice and the head of the division in charge of antitrust prosecutions have endorsed this bill and have said that it is necessary and wise that we should have this legislation. I might also say that the information was given us that the Federal Trade Commission as such had endorsed this bill. It seemingly has the support of both the Department of Justice and the Federal Trade Commission.

Mr. SUTI'ON. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. SUTTON. Yesterday afternoon I

called the person in charge of the Antitrust Division of the Department of Justice and he made the statement to me over the telephone that this legislation was not. necessary at all.

Mr. BROWN C'f Ohio. It just happens that Mr. Bergson gave different testimony before the Judiciary Committee. He was so quoted before the Rules Committee.

Mr. MICHENER. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. MICHENER. We could not hear

the statement of the gentleman from Tennessee.

Mr. BROWN of Ohio. The gentleman made the statement that Mr. Bergson told him that this legislation was not necessary.

Mr. MICHENER. If Mr. Bergson has made any statement like that, he has made statements absolutely at variance with his testimony before the Committee on the Judiciary. I am going along with this, and one of the reasons is that Mr. Bergson was for it. ·

Mr. CELLER. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. CELLER. Mr. Bergs.on appeared

before the House subcommittee on this matter and stated uninhibitedly that he was in favor of this bill.

Mr. BROWN of Ohio. Therefore, the gentleman from New York [Mr. CELLER], chairman of the Committee on the Judi-

. ciary, agrees that the staten;2ent made by me that the Department ()f Justice and Mr. Bergson have endorsed this legislation, is correct?

Mr. CELLER. That is correct.


Mr. BROWN of Ohio. I yield. Mr. WALTER. I would like to state

that the information I have is that Mr. Bergson drafted this bill as it passed the Senate. He not only has recommended its enactment but, in testifying before our committee, said that it was absolutely necessary to be enacted.

Mr. BROWN of Ohio. Evidently there has been some misunderstanding.

Mr. EVINS. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. EVINS. I dislike to disagree with

the chairman of the committee, but I must support the gentleman from Tennessee [Mr. SUTTON], because I talked with Mr. Bergson myself, and he said, "This is not a Department of Justice bill."

Mr. BROWN of Ohio. That is very interesting. ·or course, the hearings before the committee will speak for themselves. I do not question· the gentleman's word, but it has been my experience that sometimes some of the individuals downtown do take positions with one foot on each bucket, and I hope that is not the case with Mr. Bergson. ·

Mr. EVINS. He said, "We are not ali- . vocating this bill. I am not a protagonist for it." That is the very word he used.

Mr. BROWN of Ohio. You will have to argue that out when we get on general debate.

Mr. KEOGH. Mr. Speaker, will the gentleman yield?

Mr. BROWN of Ohio. I yield. Mr. KEOGH. Does the gentleman

know that the bill as it came from the other body was in the nature of a substitute that was offered on the floor there?

Mr. BROWN of Ohio. Yes, I know that.

Mr. CELLER. Will the gentleman yield again?

Mr. BROWN of Ohio. I yield. Mr. CELLER. If one says he is not a

protagonist of a bill, that does not mean that he is against the bill and it does not mean that he is in favor of the bill.

Mr. BROWN of Ohio. Of course, I was simply stating information which was brought to the Rules Committee that the Department of Justice and the Federal Trade Commission both approved this legislation. I rather question that any individual in an executive department should be a protagonist or antagonist of any legislation coming before the House. However, this is a very, ve·ry important measure, and unless some action is taken by the Congress to clarify the present trade situation, many, many business concerns in this country will not know what their legal rights may be or as to how they can conduct their business or can price their goods. There already is and will be further interference, serious interference, with the conduct of trade and commerce within the United States at the very time when we need all of the business activity we can possibly have, unless prompt action to clarify the situation is taken. So I am hoping that this rule will be adopted. I

am sure that in the 3 hours of debate provided under this resolution that the bill will be rather thoroughly explained and thoroughly debated so that all Members of the House may have complete information at the time they are called upon to vote.

Mr. PATMAN. Mr. Speaker, will the gentleman yield?

Mr. BR'JWN of Ohio. Fo-· a question. Mr. PATMAN. Is it contemplated

that the oppcnents will have an equal division of time, a fair share of the time?

Mr. BROWN of Ohio. The time, under the rule, has been divided equally between the chairman of the committee and the ranking minority member on the Republican side, which is the usual and regular custom, as the gentleman well knows.

Mr. PATMAN. One further .Question, if the gentleman will permit. Was it contemplated by the Committee on Rules that since both the chairman of the committee and the ranking minority member are in favor of the bill that those opposed to the· bill would be given a fair share of the time?

Mr. BROWN of Ohio. There was no such provision written in the rule. That was tried only once, to my knowledge, and the results were rather unsatisfactory. We are sure there will be the same fairness displayed in the distribution of time by those in charge of this bill as has always been shown in the past.

Mr. Speaker, I reserve the balance of my time.

Mr. LYLE. Mr. Speaker, r' yield 10 minutes to the gentleman from Texas [Mr. PATMAN].

DANGEROUS BILL

Mr. PATMAN. Mr. Speaker, I am sorry that hearings were not held on this very important proposal. It is my considered opinion that this will affect more Members directly than any other one issue that will be before the Eightyftrst Congress. I am very fond of the Members of this House on both sides, the Democrats and Republicans; they have been nice to me, and I have tried to be nice to them. I do not dislike a single Member, and I want to urge you to give serious and careful consideration to this great question. It seems so simple, and it will be explained in such a plausible manner; but I should dislike very much for about nine-tenths of the Members of this House if they were accidentally to vote in favor of this legislation to wake up next summer and find that the most formidable opponent they ever had was armed with the best issue that was ever used against them. I want the Members to vote in the way that will help them the most, for in that way they will help the country the most.

Mr. Speaker, this is a dangerous issue; this involves the antitrust laws; it involves trusts and monopolies; it involves helping or harming the home-town merchants, grocers, and druggists. I believe it is the most important economic question that you will have to pass on; so I urge you to give it serious and careful consideration.

Consider the Justice Department; why should the Justice Department be called

8984 CONGRESSIONAL RECORD-HOUSE JULY 6 upon for a recommendation about the Federal Trade Commission? Sometimes they are looked upon as rivals. It would be just as logical and reasonable to call upon the Department of Commerce to make' a recommendation about the Department of Agriculture; it would be just as consistent to ask the Committee on the Judiciary to recommend against the Committee on Interstate and Foreign Commerce having certain committee powers; it would be just as consistent because the Department of Justice has nothing to do with the particuiar acts involved in this bill. So why should they be called upon to make a recommendation? And if they make a favorable recommendation I do not know that it would fall within the business of the Department of Justice~ In other words, they are willing to curtail the rival's powers. They would possibly like to have all of the power. I do not say that about this particular Department of ·Justice, but that has been the attitude in the past and I know many of you have had similar experiences.

Regardless of what gentlemen may say about the Federal Trade Commissioners endorsing this bill, I will be able to convince you Members that the Federal Trade Commissioners individually are opposed to this bill. They do not deem it necessary or desirable. They consider it confusing the issue rather than clarifying it.

CLARIFY lSSUE AFTEa FULL DISCUSSION

Now, Mr. Speaker, concerning Dur good friend, the distinguished Senator from Wyoming, Senator O'MAHONEY, I have a very high regard for him. He is looked upon as a great defender of small business and a strong and vigorous enemy of monopolies and trusts. But Senator O~HONEY agreed to this substitute only when the Kefauver amendment was added to it. That made it a little better than it otherwise would be. He agreed to it then. But our committee over here bas stricken out the part that Senator O'MAHoNEY has agreed to, that part known as the Kefauver amendment. Furthermore, Senator O'MA110NEY said that he is only agreeing to it presuming something is necessary to clarify the issue. I agree with Senator O'MAHoNEY. If there is an issue that is confusing. an issue that needs clarification.. I am for clarifying it. But, on the spur of the moment, hastily, and quickly, no. These things should be thought out and the great Committee on the Judiciary should take this bill back. I shall not oppose this rule. I want discussion on the whole bill. I do expect, however, to insist on the bill be~ng sent back to the committee or its being defeated altogether.

The great Committee on the Judiciary should bring witnesses up there. They should take this bill and say: "What does this word here mean? What does this phrase and this sentence mean? ~t will the effect of this punctuation mean? What wm the bill do?" The committee has not heard witnesses on this bill. Of course, 1t is contended that the Senate committee had hearings on a similar proposal. That was a moratorium proposal, not involving this O'Mahoney-Cal>ehart

substitute, the O'Mahoney-Capehart bill. It did not involve that bUl at all. The language is not similar, there is nothing like 1t. So hearings have not been held on this legislation. Now, is it not perf eet1y reasonable to ask the committee to take this bill back and grant full and sdequate hearings so that we will know exactly what we are doing? You do not have any hearings before you. .

I agree with Senator O'MAHONEY that if there is clarification needed we should have it, but we should have it only after we have had clearer committee action and after witnesses have been heard. I asked that certain witnesses be heard and the :..·equest was refused. The committee, I knew, is a very busy committee. I have appeared before that committee to help small business. But we are told when we ask for hearings: "No, we are going to hear them in connection with the antimonopoly hearing that our committee is conducting." It will be 2 years 'before any action is taken. Why not ·put this in the monopoly hearings? The committee says, 4"No, we are giving this quick and immediate consideration.''

JUSK TO :r.t:EMBERS--llO PERCENT IN DANGER

Mr. Speaker, the Members are running an awful risk if they vote for this bill. It is an issue that will arouse the people of this Nation. Perhaps ltO percent of the Members can def end them:selves on this prioposition and probably be better o.ff by it. But 90 percent will be harmed and injured and cannot defend themselves because they will be in a vulnerable position. It will help onetenth of one State but it will definitely harm and injure 4 7 States and nine,tent,hs of that one State.

Mr.- CARROLL. Mr. Speakerw will the gentleman yield?

Mr. PATMAN. I yield to the gentleman from Colorado.

Mr. CARROLL. I agree with the gentleman from Texas. As I remember reading the debates when this measure was brought up in the Senate, the O'Mahoney bill was a substitute for the moratorium bill.

Mr. PATMAN. A brand new bill. Mr. CARROLL. Senator O'MAHONEY

stated, when Senator KEFAUVER presented his amendment, that he did not understand the e.ff ect; and as Senator K'EFAlJVER continued to· present his ideas, Senator O'MAHONEY 1\nally did accept his amendment. I am much pleased tb know that the gentleman from Texas has indicated here that the attorney who represents the Antitrust Division was speaking only for the antitrust ·provision and not on the Robinson-Patman Act or the Federal Trade Commission. As I understand bis testimony, striking out the Kefauver ·amendment wowd overcome the Circuit Court 'Of Appeals decision in the· Standard Oil ease; is that not so?

Mr. PATMAN. It certainly will. This proposal wm r.epeal definitely three Supreme Court decisions. Now, that 1s not a good idea to have no hearings on a b111 that will just absolutely overthrow the Supreme Court on three dilf erent dectslons: The Cement case, the Rigid Conduit case, and the Morton Salt case. This bill changes the rules of evidence.


Mr. PATMAN. I yield to the gentleman from Indiana.

_Mr. HALLECK. Were those three decisions that are going to be repealed some of the 5 to 4 decisions?

Mr. PATMAN. No, but if they were, what is the difference? We have votes here that are not unanimous. Are you going to agree with the minority every time you have a close vote? The majority rules. Where sellers have three customers in a town, such as Sears, Roebuck., John Jones .• and another independent merchant, under present iaw the seller can giv·e a special discount to that big man in the home town, but he has to give the other competitor of that big man the same price under the same circumstances. That is the present law enacted in 1936. This bill wm change that so that they can favor Sears, Roebuck and discriminate against those independent merchants and .put them out of business. Do Y'OU want to enact any 'kind of legislation like that?

I Insist, folks, that this is dangerous legislation. It wm repeal substantially th~ antitrust laws and legalize an unAmerican cartel system, known as the basing-Point system, which encourages monopolies and trusts, and ts price-fixing.

The Tempcrary National Economic · Committee, in its final rePort and recommendations to the Seventy-seventh CoQ- \ gress, March 31, 1941, made a strong Tecommendation, whieh was unanimously against the basing-paint system.

It is as follows: REOOMMENDATIONS O~ THE BASING-POINT

SYSTEM

Extensive hearings on basing-point systems showed that they are used in many 1ndustrles as an effect'iive device for eliminating price .competition.

During the last 20 years basing-point systems and varlations of ·such 'BYBtems, known technically as zone-pricing systems and freight-equalization systems, have spread widely in American industry. Many of the products of Important industries are priced by basing-point ·or analogous systems, such as iron and steel, pig iron, cement, lime, lumber .and lumber products, brick, asphalt shingles and roofing, window glass, white lead, ·metai lath, building tile, door tile, gypsum plaster, bolts, nuts and rivets, cast-iron soil pipe, range boUers, valves and fittings, sewer plpe. ·power cable, paper, salt, sugar, corn derivatlves. industrial alcohol, linseed oil, ferttlizer, and others.

The eltminatlon of such systems under existing law would involve a costly process of prosecuting, separately and individually, many industries, and place a . heavy burden upon antitrust enforcement appropriations.

We, therefore, recommend that the Congress enact legislation declaring such pricing systems to be megal.

Because such systems have resulted in uneconomic and often wasteful location -0f plant equipment. it is recognized by this committee that the abolition of basing-point systems should provide for a brief period of tlme for industries to divest themselves of this monopolistic practice.

The oommittee 'ls not impressed with the u ,gument that .a legislative outlawing of basJng-polnt systems will cause disturbances in the rearrangement of business through a restoration of competitive conditions in· Industries now employin.g basing-point systems. Such disturbances may be costly to

1949 CONGRESSIONAL RECORD-HOUSE 8985 those who have been practicing monopoly. But the long-run gain to the public interest by a restoration of competition in many important industries is clearly more advantageous.

A statement of the Honorable Harold L. Ickes, while Secretary of the Interior, before the Committee on Interstate and Foreign Commerce of the Senate, March 20, 1936, is very interesting.

It is as follows: ' STATEMENT OF HON. HAROLD· L , ICKES, WHILE

SECRETARY OF THE INTERIOR, BEFORE THE COMMITTEE ON INTERSTATE COMMERCE, MARCH 20, 1936

At the invitation of your chairman", Senator Wheeler, I am here to discuss the experience of the Reclamation and other Interior. Department bureaus, as well as of the Public Works Administration, in the matter· o! identical bids and the operation of basingpoint or price-formula systems. There has not been time to make other than a superficial check as to the number of cases in which identical bids have been submitted. However, I can. say that between June 1935 and March 1936 identical bids occurred at least 257 times, involving a gross expenditure of $2,866,252.97.

In the case of purchases made through the Interior Purchasing Office, identical bids were received during 1934 and prior to June 1935 in at least 45 cases, involving a gross expenditure of $788,394.94, and between June 1935 and March 1936 in 67 cases-which are included in the 257 instances above referr.ed to-involving a gross expenditure of $266,-252.97. I might say that these figures do not cover the large reclamation projects, purchases in connection with which are handled by a field office located in Denver. It also appears that between July 1, 1935, and March 1, 1936, on 190 PWA projects, identical bids were submitted totaling approximately $2,600,000.

First, I would like to comment on the situation in Reclamation, with particular reference to identical bids received on cement, steel, and insulated wire and · cable. The persistent submission by manufacturers and vendors of identical proposals in response to invitations has made it practically impossible for the Government to comply with section 3709, Revised Statutes, which provides that awards must be made on the basis of competitive bids.

As an example, bids were opened at the Denver office of the Bureau . of January 31-, 1936,. covering insulated cable for the Boulder Canyon project. Twenty-six bidders submitted proposals. Of this .number 20 of the responsible bidders ·put in bids which were identical, although shipping points were as Widely scatterecil as Marion, Ind.; Bayonne, N. J.; Schenectady, N. Y.; Economy, · Pa.; Worcester, Mass., Phillipsdale, R. I.; and other places. In all instances on one schedule, these bidders submitted a uniform priCe '. of $111,208.75 f. o. b. Boulder City, Nev., and offered the same discount of ohe-half of 1 percent. On another schedule these same bidders submitted the same price of $3,508.65 f. o. b. Boulder c{ty, Nev., notwithstanding the fact that the actual shipping points were widely separated.

Another example might be cited in connection with cement for the Colorado River project. Bids were opened on January 28, 1936. They quoted destination prices identical to the third decimal point.

I will not weary you with an enumeration Of instance after instance where similar bids have been submitted on cement, insulated wire and cable, and steel on the Grand Coulee Dam, Casper Alcova, Owyhee reclamation, and other projects.

However, it might not be out of place to remark that as the result of identical bids, the work of the Bureau of Reclamation has been seriously hampered. The Bureau is act-

ing as a trustee in building irrigation works for the farmers, who will pay the cost of construction in the end. They are able to meet their payments only by great industry and self-denial and if costs go beyond a certain point, it wlll become necessary to give up the building of such projects.

I might add that in the circumstances there does not seem to be much reason for continuing to ask for bids. If all prices are identical, we might as well bargain with a single fl.rm.

The purchasing records of PWA, the Indian Service, and national parks all tell the same story. In fact, there seems to be an increasing tendency toward uniform bidding on the part of vendors and manufacturers. This tendency is especially marked at the present time as regards steel, machine equipment, and school equipment on PWA projects. The following list will give you some idea. of the scope of materials and . equipment, among others, on which identical bids have been received: School equipment, typewriters, steel lockers, · typewriter stands, school desks, school chairs, auditorium seats, tables, arm chairs, padlocks, hospital and office equipment, fire extinguishers, class-room desks, operating-room equipment, kitchen equipment, glass and glazing, switchboard, stage equipment, llghting standards, sewing cabinets, structural steel, steel tanks, steel-sheet piling, reinforcing steel, valve boxes, turbogenerators, condensers, well dr1lling, fl.re hydrants, fire-alarm sirens, pumps, plumbing and heating specialties, feed-water heaters, · aerators (sewage), pipe covering, electric transformers, cast-iron pipe, electrical cable, water meters, copper pipe, electric locomotives, stokers, machine tools, creosoted poles, filter equipment, heavy cranes, tractors, transmissionline equipment.

Outstanding instances of identical bids on steel occurred in connection with the huge Triborough Bridge project in New York; the Morehead City, N. C., ocean terminal proj-· ect; and the Miami, Fla., harbor project. In all these cases bids were quoted in terms of destination price, and they were identical to the second decimal point, regardless of the ·point of shipment.

Recently there has been evident a growing tendency toward identical bids on machine equipment. It is interesting to note that iri this instance the tendency is not only toward identical biqs but also toward identical performance on different makes Ol machines. Examples that can be cited are: Iowa City, Iowa, power-plant turbogenerators arid condensers; DecatlJr, Ind:, power-plant turbogenerators and condensers; Fort Pierce, Fla., power-plant condensers; 'Chicago Sant-. tary District Sewage Treatment· Works, con.: · densers. Many other instances could be given from our records.

You might be interested in the fact that in cases. where identical bids have been rejected and readvertising resorted to, very often the new biC:is Stlbmitted have also been identical 'hot only as to price but the price· has been the same as 'the originar bid. By a s·trange coincidence the performance promised for different equipment has also been identical. Take the Chicago sanitary sewer condensers as an example. It was ohly after bids were advertised for the third time that chin~s appeared in the hitherto impregnable phalanx of common prices and identical per-_ formance. On this third effort four of the original seven bidders failed to participate. The Foster-Wheeler Corp., to which the award was finally made, quoted a price approximately $4,000 less than its two previous offers. But this was an unusual case; seasoned bidders don't often weaken.

IMPORTANT PART OF ROBINSON-PATMAN ACT REPEALED BY S. 1008

The proponents of this bill state t;hat its purpose is to make sure that it is

legal to engage in what they innocently call freight absorption. I am not so sure of the innocence of calling it freight absorption. Certainly, when you transport heavy stuff like steel and cement, which carry heavy freight charges, if you permit the seller much freedom in making freight allowances or absorbing freight, you might just as well tell him that he may vary his price as he feels · like and discriminate against. one customer as against another. This is exactly what the Robinson-Patman Act says he cannot do. The buyer does not care whether you use the term "freight absorption" or work it out some other way. The cost to the buyer is what it costs him to have the material brought to him wherever he is located. If, under the guise of absorbing freight, , you enable his competitor to get it for less, all factors considered, he is going to be ripping mad-and with good reason-for that may mean that tomorrow he will be out of business while the other buyer in whose favor you have discriminated may have gobbled up all the business.

Secondly, I do not see why, in the guise of merely legalizing freight absorption, it wa,.s necessary to legalize a · zoning system, as pr.ovided for in section 2A of the bill. One high court has called the zoning system a variation · of the basing-point system. In any event, 1f we propose to legalize a zoning system-particularly for heavy materials like steel and cement where freight is a major item of cost-I think we should do so in a separate bil1, where it can be given separate consideration, instead of sneaking it in under the topic freight absorption.

Finally, there are many good lawyers who . attest that the freight-absorption relief in this bi11 would really reestablish the entire basing-point system.,

However, let us give the proponents of this bill the broadest benefit of the doubt and let us assume that the freight-absorption provisions of the bill are intended merely for freight-absorption purposes and mer~~Y for 'a clarification-another fine word-of the .freight-absorp-tion situation. · · Assuming this; I then have the $64 question: Why did the proponents of the bill, after covering freight· absorption so extensively, have to devote a whole sec- · tion of the bill-namely, section 3-to go way beyond freight absorption and to. break down one of the most vital sections of the Robinson-Patman Act, relating to every conceivable business practice to which the Robinson-Patman Act applies, and including only incidentally freight..: absorption practices? I refer to section 2 (b) of the Robinson-Patman Act, the burden-of-proof section, as well as to the House Judiciary Committee amendment striking out the Kefauver amendment.

In other words, having obtained in full-and even in extra measure-all . their freight-absorption objectives, by the wording of the bill, why did its proponents have to go further and take a whacking swat at the Robinson-Patman Act affecting all situations, even where freight absorption or basing-point system was not an issue?


Why, indeed, unless their real objectives are actually to destroy the antitrust laws entirely or in substance, unless steel and cement want monopoly and the end of competition not only for themselves but for all big business-the basing-point system for themselves, other devices for others, as well as themselves.

Apparently, steel and cement are perfectly willing to join hands with Atlantic & Pacific Tea Co., for instance, which was convicted last year under the antitrust laws for unlawful actions, including the receiving of price discriminations which would be unlawful under the RobinsonPatman Act. At least, this is the way 1t appears.

Apparently, that is why associations representing independent wholesale grocers, retail druggists, bakeries, and so forth. have testified at such length before the House Select Committee on Small Business, which recently gave the opposition an opportunity to be heard after the present bill was rushed through the Senate and House Judiciary Committees with no public hearings at all and only perfunctory executive hearings in the House.

One of these witnesses testified that the members of his wholesale grocers association found themselves mixed up in this fight abou·t freight absorption and the basing-point system merely as innocent bystanders upon whom there had been dumped an avalanche of steel and cement. He said that they were opposing the bill not because of any direct interest in freight absorption or the basing-point system one way or the other, but because the bill, in their opinion, completely subverts the Robinson-Patman Act, which they regard as their strongest bastion of defense against monopoly. ·

In other words, he directly charged, in behalf of the important, although smaller, economic interests whom he represents that, although the bill is labeled as a freight-absorption bill, and is debated as a freight-absorption bill, it is really much more than a freight-absorption bill. There is a sleeper in the bill, a stowaway, a second and entirely different bill. That hidden and additional bill secreted in S. 1008 is a bill to emasculate, if not repeal, one of the most vital portions of the Robinson-Patman Act.

Let us examine section 3 of the bill, which amends section 2 (b) of the Robinson-Patman Act.

As everyone knows, a proceeding before the Federal Trade Commission under the Robinson-Patman Act is not a criminal proceeding. It does not put anybody in jail, and it does not fine him. Its purpose is to stop him from doing something which is unlawful or tends to be unlawful. It is directed toward what might be called incipient offenses. It acts as a preventive to nip possible unlawfUlness in the bud.

Accordingly, in such a proceeding we do not require by any means the same rigid rules of burden of proof applying, say, in a criminal case. Moreover, the unlawfulness of this type of case is usually intertwined with secret plans and designs which are within the peculiar knowledge of respondents and difficult to prove. Accordingly, it does not seem un-

fair that a large :?art of the burden of proof should be on the respondents.

Section 2 Cb) of the Robinson-Patman Act now reads as follows:

(b) Upon proof being made, at any hearing on a complaint under this section, that there has been discrimination 1n price or services or facilities furnished, the burden of rebutting the prima facie case thus made by show-· ing justification shall be upon the person charged with a violation of this section, and unless justification shall be affirmatively shown, the Commissi<'n is authorized to Issue an order terminating the discrimination: Providea, however; That nothing herein contained shall prevent a seller rebutting the prima facie case thus made by showing that his lower price or the furnishing of services or facilities to any purchaser or purchasers · was made in good faith to meet an equally low· price of a competitor, or the services or facilities furnished by a competitor.

Thus, under the Robinson-Patman Act as it now exists, there are the following steps:

First. A prima facie case is made out against a respondent merely by showing price discrimination, even though the Commission may, if it chooses, also make out a prima facie showing of an adverse effect on competition, and so forth.

Second. The respondent may rebut, among other ways, by showing that price discrimination was made in good faith to meet the equally low price of a competitor.

Third. · However, the Federal Trade Commission attorney may still negate the defense by showing that, even though there was no adverse etfect on competition among the sellers, there might be an adverse etf ect on competiti n among competitors of the favored purchaser. This has been the holding in a circuit court of appeals decision and is the rule sought to be retained by the Kefauver amendment.

Under the bill, however, there is a great change and the following are the steps:

First. The Commission must first prove (a) price discrimination, plus Cb) that the effect may be to substantially lessen competition, and so forth.

Second. The respondent may justify by (a) showing that the price discrimination was made in good faith to meet an equally low price of a competitor, or (b) including the maintenance of a customary price diff erentb.I.

Third. The Federal Trade Commission attorney may not show, to rebut the defense, that the effect of the discrimination may be to destroy competition among the competitors of the favored buyer. This has been accomplished by the action of the House Judiciary Committee in striking out the Kefauver amendment in section 3 of the bill, as well as in section 2.

Of com se, all these changes will help the "freight absorption" boys and the "basing point" boys. But they will also help out all the boys; that is, all the big boys. As for all the small boysthat ls, small business throughout the land-they can just take a walk.

Under the language of the bill, for instance, a manufacturer selling its products to A. & P. at a certain price could further reduce its price even though discrimin!;ttini against small re-

tail grocers, just because another manufacturer threatens to undersell it by quoting A. & P. alone a lower price. This could be done even though the reduction would be such that A. & P. competitors might have to close their doors. All that the manufacturer would l:ave to show is that he reduced his price to meet the equally low price of the other manufacturer. Thus there would be created a lawful way for A. & P. to benefit by the very type of price discri~inations which resulted in its conviction for violating the antitrust laws.

Moreover, under the new price-differential c1ause appearing in the bill, customary differentials maintained in the · past apparently wm be entrenched, in- · deed sanctified. This price-differential clause seems to be a sort of grandfather's clause which preserves past practices • from attack merely because they are past practices. Quite possibly A.~ P. practices which have already been found criminal by the courts could be justified under this language, at least insofar as concerns proceedings under the Robinson-Patman' Act, and, quite possibly, differentials maintained under the basing-point system for many years until it was declared illegal;as actually employed, might now be saved under the new language.

No wonder those various associations representing countless small business firms have been up in arms. Even the restoration of the Kefauver amendment will not help, in my opinion. The damage to section 2 (b) of the . RobinsonPatman Act accomplished by this bill goes beyond that, and, in any event, the Kefauver amendment would have to be changed to substitute "may" for "will" to approxi1pate the present law.

But enough of all this ana1ysis and comma-hunting. I have gone into it this much merely for the purpose of illustrating the mischief inherent in this socalled freight-absorption bill.

It is my feeling .;hat any bill changing the wording of the antitrust laws, particularly one considered in such haste and under such pressure, will accomplish equal mischief. This mischief is not a calculated risk; it is a calculated design of the proponents of this bill-that is, the actual proponents, those people in industry who do not care so long as they have their own way.

I do not believe this bill should pass. I certainly do not believe that the Robinson-Patman part of it should pass, because that is an aspect of the bill which is entirely removed from its avowed purpose and which has received no real debate or consideration at all. I believe that, if the facts and situation were truly known, the entire country would be with me on this. MEMBERS OF THE ADVISORY COUNCIL TO THE

TRADE POLICY SUBCOMMITTEE OF THE SENATE COMMITI'EE ON INTERSTATE AND FOREIGN COMMERCE CHOSEN TO REFLECT VIEWS OF BIG BUSI-NESS ON BASING-POINT EYSTEM

As I have said many times, the demand for legislation to clarify or rescind the Supreme Court decisions on the basingpoint pricing system has arisen as a result of pressure and lobbying by the large groups which were directly affected by the recent Court d€c!sions in the Cement and Rigid Steel Conduit cases. As early

1949 CONGRESSIONAL RECORD-HOUSE 8987 as last August when an advisory council was appointed to assist the Capehart committee, which was a subcommittee of the Senate Committee on Interstate Commerce, it was obvious that the results of the investigation held at that time would be recommendations favorable to big business interests.

The advisory council which was established by the Capehart committee as an aid in the investigation of the recent Supreme Court decisions was packed with persons who were committed by their business connections to a view adverse to the Federal Trade Commission, the courts, and the antitrust laws. The 41 original members appointed to the Capehart Advisory Council were primar.; ily rerresentatives of the northern and eastern financial interests. There was only one representative from the South. He was S. Clay Williams, head of the R. J. Reynolds Tobacco Co. There were only five representatives from the West and three of these represented industries which benefited from the basing-point system.

This Council contained three executives of the cement industry which was convicted of price-fixing conspiracy in the case that gave rise to the whole controversy; a representative from Staley Manufacturing Co., which was convicted of unlawful price discrimination by the Supreme Court in 1945, and was a defendant in a Federal Trade Commission case that charges a price-fixing conspiracy similar to that in cement; a Chicago candy manufacturer who, by virtue of his location, was one of the beneficiaries of the price discrimination which the Commission found in the Glucose case; three representatives of steel companies which were defendants in a similar ·case before the Commission charging price-

fixing conspiracy, and one of which was also a defendant in the Wire Rope case; a respondent in the Clay Products Refractories case; a representative of a sugar company which sells its products on a basing-point system obviously similar, at least superficially to those the Federal Trade Commission has attacked, and who, as a representative of his company appeared in defense of the system. Thus, nine members of the Council may be regarded as spokesmen for the defense in the basing-point cases, and one other was a past beneficiary of unlawful discrimination. This accounts for 10 of Council's 40 members. Of the 16 other representatives of manufacturing business, 7 were customers of the steel and cement industries about whose business interests too little information is available to permit a statement as to whether or not they were beneficiaries of the discriminations in those industries. Of the Council's three representatives of labor, one has been personally a defendant in an antitrust case, one is a representative of the cement workers union, and one, who resigned from the Council, represented the United Steel Workers. The transportation interests on the Council were represented by an executive of railway which benefited from the basing-point system, whereas there was no representative of truck or barge lines, which have been typically injured by the trade practices of the basing-point industries.

Thus the committee began its work with at least 10 out of the 40 members committed by business interests to the defense in the bas~ng-point cases, and with the possibility that 7 others might be so committed. There was included in the committee no person who was known as a student of basing-point pricing systems, as an opponent of such

systems, as a former member of the staff of any of the government antimonopoly agencies, or as an earnest defender of the antitrust laws of the United States. The inch.:sion of representatives of three great farm organizations can be accounted for only on the theory that their interest in the basing-point problem had not been publicly expressed in recent years and that their devotion to the policies of the antitrust laws was underestimated.

The members of the advisory council who had no direct personal interest in the basing-point issue were probably not aware of the purpose which the monopoly industries hoped to achieve by new legislation.

There were three farm organizations represented on this council: the Farm Bureau, the National Grange, and the National Farmers Union. Not one of these organizations agreed to the majority report of the Capehart advisory council, which recommended that the law be changed to mollify the cement, steel, and other industries which had

· been hit a severe ·blow ·by the supreme court decision in the Cement Institute case.

.The legislation which grew out of these recommendations was S. 236, introduced by Senator JOHNSON. Then we had S. 1008 in the Senate and H. R. 2222 in the House. S. 1008 has been completely changed by an amendment substituted on the ftoor of the Senate by Senator O'MAHONEY. But the fact remains that the same big business interests which campaigned so vigorously for basing-point legislation now support S. 1008 and that to me indicates that, in their opinion at least, this present bill fulfills their selfish desires for legislation, softening the blow of the Supreme Court decision in the Cement Institute case.

Distribution by industrial interest and locality of members originally appointed to the Advisory Council to the Trade Policy Subcommittee of the Senate Committee on Interstate and Foreign Commerce

East Middle West South Wrst ;:.. ·~ 0 ; o.,, e i:I

ndustry ~ ~ ~ .Q .... :c .!3 i::: "" "" £

~ 0 ~ t.>Ul

·~~ "' ~ "' .... o"" 0 '§ b.O

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~ ::l ~ z 0 ~ Ao .9 ~ ~ :a

~ 0 0 a; z z ~ 0 c:: 0 .s z 0 0 ~

------------· ----------------------3 1 ------ 1 ------ ------ ------ - ---- - ------ ------ ------ ------ ------ ------ ------ 1 -- ---- ------2 ------ ------ 1 ------ 1 ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------3 ------ ------ ------ 1 ------ ------ 2 ------ ------ ------ ------ ------ ------ ------ -- --- - ------ ------1 ------ -- ---- -- ---- ------ ------ ------ ------ - ----- ------ ------ ------ ------ 1 ------ ------ ------ ------

14 1 1 ------ ------ ------ 1 ------ 1 1 2 2 1 1 ------ ------ ------

Manufacturers: Cement_ ____ -- --_ --------------------------------- --Steel and steel fabrication __________________________ _ Food processing ____ -_ -____ -- -- -- --- ____ -- -- ---- __ ---Firebrick _____ ; __________ ---------------------------Miscellaneous manufacturing __ ---------------~-----Other than manufacturing: Cement user _______________________ _.________________ ~ ====== ====== ______ ====== ====== ====== ----i- ====== ====== ====== ====== ====== ====== ====== ====== ====== =====: :~~~?:~~~~~::::===========~======================= 1 ----- - ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ ------ 1 ------construction 1 ------ ----- - ------ ------ --- --- ------ ------ ------ ------ 1 ------ ------ ------ ------ --- -- - ------ ------

~~~d~-associit1~~:s:_:~:::::::::::::::::::::::::::::::: ~ ====== ====== ====== ====== ====== ====== ----i- ----i- ====== ====== ====== ==== == ====== ====== ----~- ====== ====== Labor organizations--------------------------------- ~ ====== ====== ====== ====== ====== ~ ~ ----~- ====== ====== ====== ====== ====== ====== ----i- ==:::= =====: ~~~~o~fs~~~z-~~i~~~~:::= :=:::=:=:=:::===:=:=:::===== 4 ------ ------ ------ ------ 1 ------ ------ 2 ------ ------ ------ ------ ------ ------ ------ ------ 1 Banker __ ------------------------------------------- __ 1 .::..:..== =.= =.= =.= =.= _ . _1 =.= =.= =.= =.= =.= =.= =.= == =.= =.= =.=

TotaL------------------------------------------- 41 4 1 4 1 2 3 7 4 1 2 2 2 1 3 Total by groups ________________________ ___________ ------ 15 20 ~ '--J:"I---~'--~

TEXAS COURTS ENJOINED CEMENT COMPANIES

FROM USING PRICE-FIXING METHODS-TEXAS

STATE ANTITRUST LAWS EFFECTIVE IN BREAKING

UP THE CEMENT MONOPOLY IN TEXAS--CEMENT COMPANIES PLEAD GUILTY AND AGREE TO A CONSENT DECREE AND PERMANENT IN JUNC• TION AGAINST PRICE-FIXING PRACTICES

In 1939 in cases Nos. 59,685 and 62,298 the Lone Star Cement Corp., Southwest-

ern Portland Cement Co., Trinity Portland Cement Co., Universal Atlas Cement Co., San Antonio Portland Cement Co., Longhorn Portland Cement Co., and the Gulf Portland Cement Co., agreed to pay $400,000 and costs to the State of Texas and agreed· to be:

Enjoined from creating or becoming a part of any combination for the purpose

of preventing or lessening compeition in the manufacture, marketing, sale, or purchase of cement, or for the purpose of fixing, maintaining, increasing, or decreasing the price of cement or fixing or maintaining standards and figures whereby the price of cement shall be fixed.

8988' CONGRESSIONAL RECORD-HOUSE JULY 6 Enjoined from agreeing in any manner.

not to sell, dispose of or prepare for market or for transportation, or to keep the price or costs at a fixed or graded figure, · or by which they shall in any manner affect the price of cement or the. cost of the preparation for market or transportation of cement ..

Enjoined from agreeing in any manner to regulate output manufactured or sold in Texas or from abstaining from engaging in business.

Enjoined from agreeing to boycott or threaten to boycott any purchaser or seller of cement.

Enjoined from participating by agreement in any of the intrastate-Texasactivities of the Cement Institute.

Enjoined from using the freight rate service of the Cement Institute and from exchanging rate service with each other so far as their intrastate operations are concerned.

Enjoined from fixing or agreeing· on a price <or terms> for the resale of cement.

Enjoined from acting together for the purpose or result of favoring one mode~ of . transportation of cement over another.

Enjoined from using methods of pricing by agreement or understanding by which the price of cement is affected, to wit:

(A) Selling only at destination or delivered prices, or refusing to sell for de-livery at the mill. · . <B) Requiring customers to take de

livery of cement by any particular meth- · od of transportation.

(C) Adhering only to prices and terms of sale publicly announced 'in advance.

<D) Preventing diversion or reconsignment of cement in transit.

CE) Controlling or attempting to control the use of cement after title has passed from the shipper.

<F> Fixing, maintaining, increasing, or reducing the differential between the price of one type of cement over another, or of cement shipped or packaged in one type of package over another.

<G) Refusing to al19w quantity dis"". counts based upon different costs .for different quantities.

<H> Fixing or prescribing terms of credit. · .

(1) Fixing, maintaining, increasing, or decreasing the price to be charged for the sale or leasing of sacks or the credit to be allowed for the return thereof.

(J) Fixing or limiting the nature of securities wh~ch defendants may accept in lieu of cash for cement.

<K> Refusing to prepay freight charges or costs of transportation of cement.

Enjoined from controlling the disposition or use of ·cement after the title has passed.

Enjoined from refusing to quote or sell cemen't to any dealer at any point in Texas in which defendant sells cement, even though the dealer does not have a place of business at such point.

Enjoined from agreeing not to sell to the State of Texas direct such cement as the State desires to purchase for highway maintenance at prices quoted to the dealer trade.

<Mr. PATMAN asked and was given permission to revise and extend his re-

marks and . include certain statements and excerpts.>

Mr. BROWN of Ohio. Mr .. Speaker, I yield 5 minutes to the gentleman .from Pennsylvania [Mr. CORBETT].

Mr. CORBETT. Mr. Speaker, I propose simply to address myself to the pecessity and desirability of this legislation at this time. I believe it is an excellent thing that the Committee on the Judiciary and the Committee on Rules, following the lead of the Senate, has brought this legislation to the floor now.

We are in a situation, Nation-wide, where business is disturbed and jittery, and the effect of these Supreme Court decisions that have been referred to has been to add a great deal to the lack of confidence of American business both as regards expansion of existing plant and facilities and the entering into of longterm contracts . . Historically-and it affects the heavy industries r~1ore seriously-we have been conductin·g the business of this Nation on a deli.vered-price system. Then suddenly the decisions have come about which indicate that the Supreme Court has decided that these delivered prices are not exactly legal, and hence this legislation is before us to make clearly possible the continuation of the historic method.

And I say to you briefly that, as regards competition, failure to pass this legislation will result w the Balkanizing of American economy. We are down to the situation where in given sections of the country that could quickly develop. For example, in the case of steel, a section possessing some low-grade ore and some coking coal could in that particular area have a monopoly on the sale of steel because of high freight charges on steel from other sections. The same thing applies to cement and other products whose freight rate is heavy. We would break up the free economy and the free competition of this country and substitute in lieu thereof sectional monopolies.


Mr. CORBETT. I yield to the gentleman from Indiana.

Mr. HALLECK. It has been represented to me that the operation of the basing-point system has made it possible for more competitors to come into more different inarkets. Does the gentleman think that is a correct statement and in line with the facts?

Mr. CORBETT. Not only is that correct, but let me give an example. If we take the Chicago market, producers

· of steel in the Chicago area would have no competition from steel in Youngstown · or Fort Wayne or Pittsburgh unless companies there were allowed to lay down their steel· at a delivered price which would be competitive with the steel produced in that particular area. So it applies all over the country as to any kind of product.


Mr. CORBETT. I yield to the gentleman from Tennessee.

Mr. EVINS. The gentleman made the statement that we want to return to the historic method of doing business. The

Suprell\e C9urt of the Uni~ed States has stated that colh~siye getting together and fixing prices at a price identical to the sixth decimal point is illegal. Does the gentleman wish to re.turn. to that method? · ·

Mr. CORBETT . . The basing-point system is not a collusive way of arrivfng at prices. The attempt of the bill is to preserve the competitive price system. I believe as the gentlemen who conducted the hearings-and I was amazed to hear that there had not been hearings, because I testified before the committeeexplain this bill the gentleman will be satisfied that all proper safeguards against trusts and monopolies are provided. If not, I certainly do not want to be in the position of favoring the bill ..

Mr. BROWN of Ohio. Mr. Speaker, will the gentleman yield?

Mr. CORBETT. I yield. Mr. DROWN of Ohio. The fact is that

this bill does prohibit the collusive. pricing which is mentioned by the gentleman. Of course, no one knows what the law really is. I remember back in the days · of NRA they were going to send me to jail because I did not place exactly the same price on my products that everybody else placed on theirs. So we do not know what that policy of the Government might be.

Mr. CORBETT. I thank the gentleman. To the best of my knowledge, after a careful study of this bill, it is absurd to state that it makes possible illegal price fixing. The bill is not one which has to do with the fixing. of an original price, but with fixing a competitive deliver.ed price. I believe that as we have more time in the general debate we can make these things very clear, but as for now I simply say that this legislation is desirable and necessary now. Big corporations have no idea whether to expand existing facilities or put plants around in various parts of the country, which they perhaps are not financially able to do.

Mr. LYLE. Mr. Speaker, I yield 5 minutes to the gentleman from New York [Mr. CELLER].

Mr. CELLER. Mr. Speaker, many of those who are opposing this bill have not taken the trouble to read it. Let me say to the gentleman from Tennessee [Mr. EVINS] that h,~ might read on page 1 of the bill, commencing on line 5, and he _will find the following:

It shall not be an unfair method of competition or an unfair or deceptive act or · practice for a seller, acting independently, to quote or sell at delivered prices or to absorb freight-: Provided, That this shall not make lawful any combination, conspiracy, or collusive agreement; or any monopolistic, oppressive, deceptive, or fraudulent practice, carried out by or involving the use of delivered prices or freight absorption.

Therefore, if a delivered price is the result of a collusive arrangement or monopoly or fraud or oppression, it is stamped with illegality, and those offending could be punished and orders could be obtained in the courts against them.


Mr. CELLER. I yield to the gentleman from 'I'ennessee.

1949 CONGRESSIONAL RECORD-HOUSE 8989 l\4r. EVINS. Since the gentleman has

stated that I have not read the bill, may I say that I have studied the bill, and that is the existing law. What the gentleman has read is the law today. So why is it necessary to rewrite a piece of legislation which is already on the books?

Mr. CELLER. I am very glad the gentleman asked that. I will be very glad to answer his question. There was a decision rendered by the Supreme Court in the so-called Cement Institute case. Mr. Justice Black, who rendered the majority opinion, stated in so many words that anyone, any individual, any merchant or manufacturer, could absorb freight and sell at a delivered price, provided there was no collusion or conspiracy.

But if -Mr. Justice Black had ended there, there would have been ,no trouble and there would have been no confusion. He continued, however, and; as a result of what we lawyers call obiter dicta, sort of meandering in the law and making statements which were not essential to the decision, he undo'ubtedly co~fused the issue. So that now when any self"'. respecting lawyer reads that case in its entirety he does not know where he is at. If the judge had stopped at the place I indicated and said absorption of freight by an individual, period, all would have been well. Instead the judge indµlged in mental gymnastics. These judicial gyrations caused the difficulty.

As a result of the confusion created by that decision, it was said: "Let us wait until the Supreme Court decides the Steel Conduit case involving the same problems. The Court will indicate clearly and unequivocally what the law is." But what happened? The Supreme Court could not agree in the Steel Conduit case. We had a 4-to-4 decision, which made confusion worse confounded. That gave no comfort. There was only grave disappointment. The situation _ was still unclear and confused. When you have a situation like that developed, when lawyers cannot even tell what the law is because of these mental meanderings in the Justice Black decision, and because of the equally divided court in the Conduit Steel case, what are merchants going to do?

They pleaded with us, "Give us some clarification of the law. Can we or can we not use a delivered price?" So the Committee on the Judiciary got to work and the bill was introduced. The other body passed the bill. The Department of Justice put the imprimatur of its approval on the bill. I shall deny any statement made to the contrary because I spoke to the representatives of the Department · of Justice, and I particularly asked them whether they were in favor of the bill. They said tliey were un€quivocally in favor of this bill. The Federal Trade Commission approved the bill. But one of the lawyers of the Federal Trade Commission and one of the economists on their own initiative made statements that they were opposed to the bill. But they were only speaking their own personal views and not the official views of the Federal Trade Commission. They had no right to make those state-

ments in opposition before the committee presided over by the gentleman from Texas. They had no right to make those statements before the Small Business Committee.

Why did the gentleman from Texas conduct hearings on this bill? His is not a legislative committee. His committee has no direct power to recommend legislation· to this body. It is not a legislative committee. I say most respectfully that it was a bit unseemly for him to consider as-he did S. 1008·after the House Judiciary Committee reported · the bill favorably. His views are only ·advisory in this regard. He asked to come before him this· lawyer and this economist of the Federal Trade Commission who gave these opinions. Frankly, the Federal Trade Commission -should discipline these otherwise worthy employees of the Commission. I ask who is boss down at the Commission? ·· 'Jlhe SPEAKER. The time of. the gentleman from New York has expired.

Mr. BROWN of Ohio. Mr. Speaker, I yield two additional minutes to the gentleman froni New York in order that he may yield to the mafority leader. · Mr. McCORMACK. As I understand the situation, the Judiciary Committee approved a moratorium for a period of 2 years?

Mr. CELLER. Yes. Mr. McCORMACK. It is my under

standing-in fact I saw a letter sent to the chairman of the Committee on Rules, which was signed by Peyton Ford, assistant to the Attorney General, unreservedly endorsing the bill as reported out of the House Committee on the Judiciary.

Mr. CELLER. That is correct; and I will go further and say that Dr. Cfark, representing the President's Council of Economic Advisers, came out in favor of this bill.

Mr. McCORMACK. May I say further in addition to that, the latter part of June I wrote to the White House seeking information on this subject. I have in my hand a letter dated June 28, signed by Charles S. Murphy, which states in relation to S. 1008, the O'Mahoney bill relating to basing point:

We have been checking on this matter down here. The Bureau of the Budget is advising Congressman SABATH today that the bill as reported from the Senate Committee on the Judiciary is in accord with the program of the President.

So what we have is the Department of Justice recommending the passage of the bill, and we also have the fact that the White House also favors the passage of the bill as reported out of the House Committee on the Judiciary.

Mr. CELLER. Plus the Federal Trade Commission.

Mr. McCORMACK. Plus the Federal Trade Commission.

The SPEAKER. The time of the gentleman from New York [Mr. CELLER] has again expired.

Mr. BROWN of Ohio. Mr. Speaker, I yield the remainder of the time on this side to the gentleman from Michigan [Mr. CRAWFORD].

The SPEAKER. The gentleman from Michigan is recognized for 8 minutes.

Mr. CRAWFORD. Mr. Speaker, I think I can at least qualify as one who believes that it is possible~ because of its indirect social or moral et!ect, to prefer a system of small producers, each dependent for his success upon his own skill and character, to one in which the great mass of those engaged must accept the dire-cti'on of a few. In simple language, that means that I am in favor of small business. I have been studying this thing ever since the court decisions, and I can make the truthful statement by saying .that I have been studying this whole . qur:Stion very closely since 1917, over 30 years. · I have taken the information which the gep.tleman from Texas [Mr. PATMAN] has. very kindly placed in the REc-: ORD, and I have studied that as related to this bill-the statements made by Mr. Frates, Mr. Rowe, and Quinlan-and the language in this .bill, and I want to congratulate the Judiciary Committee -for bringing this measure . bef~e us. It is .a pleasure to me to know that the Department of Justice, the Federal .Trade Commission, and the White House feel that this question should be decided at this time.

The reason it should be decided at this time is because of the terrific degree of chaos which exists across the country in channels of industry, at a time when unemployment is increasing, trade volume is falling otI, profits are declining, the revenues of the Government are falling, and the roof is coming otI the Capitol Building, but still our obligations continue and they must be met by the taxpayers of this country.

I have been unable to find anything in this bill which convinces me in any way whatsoever that it will destroy the Robinson-Patman law, which has been on the books, and which has to do with the control of retail prices. I do not see anything in this bill which will cause expansion of monopolies or collusion or discrimination or the destruction of trade generally. I think the language is well stated, in spite of the fact that some of these gentlemen whose names I have just called, disagree with what I am saying. They seem to think it will be impossible for the courts and for the legal minds of our country to understand this language and make it work. Personally, I think it can be made to work in handling the basing-point system in this country. I believe if the situation is left as it is· at the present time, under the Supreme Court decisions, it will substantially destroy competition in this country and have a tendency to destroy business, leaving it so that the big companies with great capital structures could build local plants and finally drive the little · competitors completely out of the field. I am speaking entirely from a practical standpoint. I leave it to the legal minds to pass on the legal technicalities, but if the basing-point system is done away with, in accordance with the decisions of the Supreme Court, then I think we will have worse conditions from the standpoint of expansion of monopolies and the destruction of small enterprise, and making it impossible for the small man to get along with his

8990 CONGRESSIONAL RECORD-HOUSE JULY 6 customers to whom he must sell goods, and customers must take products in the form of some basic materials and convert them into products, through a system where they at no time know what their prices will be, which means that they do not know what their costs will be.

It will be impossible for them to make long-term contracts with any degree of certainty, and that would assuredly further confuse trade. For these principal reasons I shall support the rule, and I hope that we shall have general and full debate on this and that the Members will participate so that they will better understand how our procedure in this country operates thrpugh the support of industry as well as policies and competitive prices under our present policy.

I see nothing whatsoever in the basingpoint system which destroys competition. I can let this friend, that friend, or the other friend go into the cockpit of steel, or sugar, or cement, or building materials, under the basing system, and you wm find competition which you do not enjoy. By that I mean to say that the basing point does not destroy competition; there is nothing in it whatsoever that prevents a competitor from reducing prices. As an illustration, you can quote cement today at $2.50 a barrel out of your cement plant at Chicago, for instance; and I can quote it at $2.30 out of my plant at Baltimore if I please. There is nothing in the basing point that interferes with that quotation. If the cement is on hand and the market is glutted, we can go after the market. You do not have to rely on the basing point to set up competition. In building material it is the same way, in steel the same way; we have competition in the price of steel products and we have had all down through the years, although not so much in the last few years, when we have had a great scarcity of these materials. For instance, last year I had to ride all over the District of Columbia trying to find one bag of cement, a quarter of a barrel, only to be told that I could not get it for 3 months. Under those conditions, you would not have very much competition in price, but those conditions will not always prevail. The basing point does not always control that, either; it is a question 11ltimately of supply and demand. So I repeat that I hope there will be full debate. I join with the gentleman from Texas [Mr.

·PATMAN] in requesting that you give attention to this so that you will better understand what we are up against in this country. We certainly cannot go ahead under the conditions which now exist by reason of the Supreme Court decisions which have been referred to. We have got to have industry in this country, gre~t industry and great volume, and great employment of every kind. I see no way on earth that we can pay our way out under 60,000,000 to 65,000,000 employees, at wages as high as we have today substantially, and no less than a $250,000,000,000 national income, if we are to carry this load, and that means income for agriculture as well as industry. You have got to have these great basic industries at all times, because when they shut down the little . ,

fellow must shut down, and you have got to have decent relations from the standpoint of legal procedure in order to do this. f I

The SPEAKER. The timE: of the gentleman from Michigan has expired.

Mr. LYLE. Mr. Speaker, I yield 1 minute to the gentleman from California [Mr. SHEPPARD]. ·

Mr. SHEPPARD. Mr. Speaker, I have asked for this time because we of the West are vitally interested in freight rates in general. I wish to ask the chairman of the committee, the gentleman from New York [Mr. CELLER], if there is anything in this bill that would ·decontrol the presently controlled phantom rate or legalize the phantom rate issue?

Mr. CELLER. There is not. Mr. LYLE. Mr. Speaker, I yield 5

minutes to the gentleman from Missouri [Mr. KARsTl..

Mr. KARST. Mr. Speaker, Senate bill 1008 is a very complicated measure. I have spent many hours carefuly studying its provisions. I have read the arguments for it and. those against it. . I have · consulted with able lawyers and able economists in my earnest endeavor to understand it, and I have come to the firm conviction that this bill is thoroughly dangerous. Its hidden and concealed purposes are:

First. To impair existing antitrust laws so that monopoly will be put beyond reach of those laws.

Second. To permit big business whose plants are concentrated in the East to engage in legal and ruthless price discrimination so as to destroy the growth of independent industrial enterprise in the West and South which occurred during the late war and to prevent such growth in the future.

Third. To wipe out the Robinson-Patman Act so that powerful chains can enjoy the legal right to put small merchants and distributors out of business through the vicious and unfair practice of price discrimination.

Mr. Speaker, I am a new Member of this body. I don't profess to have the ability of many of my colleagues. But I know that many of my colleagues have not either heard of this bill or have not had the time to dig at it as I have. Yet this bill is now before the House without a single public hearing being held on it either in the Senate or the House. This bill was offered on the floor of the Senate by Senator O'MAHONEY as a substitute for another bill which had been substituted for yet another bill. In 1 day the O'Mahoney bill was voted on in the Senate, but only after Senator KEFAUVER, who had misgivings about it, had successfully put into the bill two amendments. The day after the bill passed the Senate, a part of the press that notoriously speaks for the desires and wishes of big business urged that the Kefauver amendments be taken out of the bill in the House. In the House, a subcommittee of the judiciary voted the bill out in 1 day's session and the bill was voted out of the subcommittee in the form that the press of big business wanted it-that is without the Kefauver amendments. The full committee of the House judiciary itself devoted only 1 day to the bill. Small-

business organizations which had begun to be aware of the true nature of Senate bill 1008 were not allowed to appear against it.

Now the House is asked to pass this measure with only 1 day of debate. Frankly, it is impossible fdr me to attempt to explain clearly to you the technical and intricate provisions of this bill in the 5 minutes now allotted to me, nor can I do the job in 15 minutes.

All I can hope to do is to point out to you later that this bill is the direct outgrowth of decisions of the courts which interfered with the attempts of big business to practice monopoly and to exploit small business through price discrimination, that this bill has behind it the full and glamorous support of big business, that small-business men who have had their eyes opened to its destructive purposes are waging a desperate and lastditch fight against it, and that if the Democratic side of this House makes possible the enactment of this bill into law. we Democrats will have " broken faith with our party platform of last November which proclaimed our unswerving allegiance to the antitrust laws their vigorous enforcement, and 'which pledged us to protect the just interests of small business.

It seems to me, Mr. Speaker, that we Democrats who have done so much in our party history to fight monopolists, cannot afford to take even the slightest chance that in this Congress we helped monopolists get free of the antitrust I.aWs and gave big bus~ness th~ power to destroy small business, with a congressional election just in the offing. Suppose I and others who are suspicious of this bill are mistaken. What can be possibly lost by recommitting the bill so that adequate public hearings may be held on it-hearings that will show that we are wrong Is not this the safe and prudent way? In my opinion, any bill having behind it the united support of big business and opposed by small business should be combed over with a fine-tooth comb.

So, I urge my colleagues either to recommit this bill for adequate public hearings, or vote it down.

Mr. LYLE. Mr. Speaker, I yield the balance of my time to the gentleman from Illinois EMr. SABATH].

Mr. SABATH. Mr. Speaker the Committee on. Rules, after hearing from the Committee on the Judiciary, granted a rule. I favored the granting of the rule because I felt that it was an extremely important bill and that the membership of this House should have the right and the opportunity to pass upon it.

Mr. Speaker, many of my personal friends and businessmen have endorsed and urged this legislation.

As usual, the gentleman from Massachusetts CMr. McCORMACK] is correct. I did receive a letter indicating that the Executive Office of the President is in favor of this legislation. As a matter of fact, I have received several letters both pro and con on this legislation. It would be too burdensome to quote the entire content of each of these letters,

1949 CONGRESSIONAL RECORD-HOUSE 8991 therefore, I shall quote only the important part of each.

BUREAU OF THE BUDGET

I received a letter from the Executive Office of the P.i:esident, Bureau of the Budget, dated June 28, 1949, and signed by Mr. F. J. Lawton, Acting Director, which stated in part as follows:

Upon the basis of analysis of the legislation and of advice received from the Department of Justice and the Federal Trade Commission, you are hereby advised that enactment of this legislation as reported · by the House Judiciary Committee would be 1n accord with the program of the President.

DEPARTMENT OF JUSTICE

I received another letter from the Department of Justice dated June 27, 1949, and signed by Mr. Peyton Ford, the Assistant to the Attorney General, which .stated in part as follows:

Insofar as the Justice Department ls concerned, we have never urged the necessity or desirability of legislation with respect to the pricing practices to which the present bill is directed. We did indicate that a moratorium would be unobjectionable from our standpoint, provided it was for a sumciently short period of time and was sumciently narrow in scope as not to result in any impairment of the antitrust laws. The present bill, we belleve, meets these conditions. While the bill, as passed by the Senate, col\tained certain provisions which we thought ought to be changed, these changes have now been incorporated into the bill now before your committee. • • • Inasmuch as all three of the foregoing recommendations were adopted, we have no objections to the enactment of S. 1008 in the form presently before your committee.

ANTITRUST DIVISION, DEPARTMENT OF JUSTICE

I had a conference with Mr. Bergson, head of the Antitrust Division of the Department of Justice. Later Mr. Bergson, in a memorandum to me, stated, in part, as follows :

S. 1008, as amended, merely constitutes a legislative declaration of what appears now. to be the law with respect to certain pricing practices. _It legalizes nothing which, under the existing law, the Supreme Court has held to be illegal. It merely attempts to allay the confusion which arose from certain dicta in the Cement Institute case decided by the Supreme Court in April 1948. • • • The bill declares that delivered prices and freight absorption are not unlawful per se. It does not authorize such practices, however, where there exist any other factors that would bring them within the scope of the prohibitions of the Federal Trade Commission Act or the Clayton Act.

MR. WOODEN

But, on the other hand, I received a letter from Mr. Walter B. Wooden, trial attorney and assistant general counsel of the Federal Trade Commission, which stated, in part, as follows:

In my judgment, enactment of the bill would return us to the law as it was when the IJupreme Court decided the old Cement case in 1925. The Court then decided that conspiracy was not to be inferred from the use of the basing-point system, with its inherent practices of systematic freight absorption and its resulting identity of delivered prices among competing concerns. The Court rationalized the system and its characteristic results as being a normal method of meeting competition. The bill would return us to that rationalization which, of course, has been the persistent philosophy

of basing-point industries even when convicted of conspiracy. • • • My final judgment ls that despite all its high-sounding provisos and exceptions, the practical effect of the bill, 1f enacted, even with the Kefauver amendment and even with the blessing of sincere foes of monopoly, would be to emasculate the present laws because they interfere with the most successful, subtle, and automatic price-fixing devices, tools, and formulas that the best legal and economic apologists for monopoly and monopollstic practice have been able to devise.

SELECI' COMMITTEE ON SMALL BUSINESS

On May 28, 1949, I received a letter from my colleague the gentleman from Texas [WRIGHT PATMAN], chairman of the Select Committee on Small Business of the House, which stated in part as follows:

Of course, an · of. us are well aware of the motlopollstic features of artificial pricing systems. Consumers never get a break when monopoly steps in, price-wise or any other way. • • ~ Moratorium legislation strikes at the very heart of our antitrust and fairtrade practices laws, and virtually destroys the effects of the painstaking efforts over the years to enforce these laws.

On June 21, 1949, I received another letter from Mr. PATMAN stating in part as follows : ·

As chairman of the Committee on Small Business of the House, I am asking our committee to have hearings on this bill at once. • • • The chain-store lobby 'is pushing for the passage of this bill, knowing it will assist chain-store merchants to destroy local independent merchants. The passage of this bill _will absolutely nullify and repeal three important decisions of the United States Supreme Court in the Cement, Rigid Conduit, and Salt cases. • • • The passage of this bill ls against the public interest and the bill should not be presented to the House before adequate hearings are available. • • • There were no hearings in the Senate and practically no hearings in the ·House. • • • certainly inadequate hearings-and the House should not be called upon to vote . on such a major proposal involving the economic affairs of our country without full and complete hearings.

UNITED STATES WHOLESALE GROCERS' ASSOCIATION

Under date of June 22, 1949, 1 received a letter from Mr~ R. H. Rowe, vice president and secretary of the United States Wholesale Grocers' Association, whjch stated in part as follows :

Our association composed of independent small-business men was the original proponent of the measure · that afterward became known as the Robinson-Patman bill and later the Robinson-Patman Act. It is our considered judgment that S. 1008 as approved by the House Judiciary Committee makes many ambiguous changes in the law which may be so interpreted as to weaken the provisions of the Robinson-Patman Act against price discriminations in favor of chain stores and other large buyers. We consider the Robinson-Patman Act the greatest piece of legislation ever enacted for the protection of the small independent merchant against the aggressions and oppressions of mass-buying organizations and believe any weakening thereof would be a calamity of the first magnitude to small merchants.

Mr. Quinlan, general counsel for the United States Wholesale Grocers' Association, stated the position of his group in these words:

To make our position perfectly clear, we believe the bill, S. 1008, should be denied a rule, and that if and when it is called up

without a rule it should be voted down by the House or recommitted to the Committee on the Judiciary.

So, Mr. Speaker, in this way I feel that I am giving information to the House as it came to me as chairman of the Committee on Rules. Both sides of the story have been presented.

·I fully appreciate that the lawyers and certain gentlemen in favor of this legislation claim it only clarifies the decisions of the Supreme Court of the United States. Others say this bill will nullify the Robinson-Patman Act of 1936, as was stated before, and further that it repeals several Supreme Court decisions~ Some maintain that this bill virtually repeals our antitrust laws and legalizes price fixing. - Here are the arguments, Mr. Speaker-for and againstand which deserve careful thought and consideration by the Membership. No doubt many arguments will be made during the 3 hours of debate that the rule provides for which I know will shed even more light on this bill, both pro and con.


Mr. SABATH. I yield to the gentleman from Pennsylvania. ~r. WALTER. The gentleman men

tioned the opposition from the grocers' association. I wonder if he is acquainted ' with Mr. M. L. Toulme, executive president of the largest organization in the United States, who is fo: this bill?

Mr. SABATH. No; I am not. We have many of these so-called organizations who claim to represent the smallbusiness men but who are merely the front or the tools of big business. Now, that should be known to the gentleman from Pennsylvania.

Of course, I am sorry that these big corporation lawyers find it impossible to decide on the legal points involved. You know, I am not against legislation that is recommended by the President.

In view of the fact that the President has been and is always interested in small business, I feel that he will give this bill his most serious thought and consideration, notwithstanding the fact that some gentlemen in the Federal Trade Commission and the Justice Department see no harm in this bill.

But it is up to you gentlemen first to pass upon it and see whether you want to pass this permanent legislation. The legislation in the Senate, introduced by Senator MYERS, was temporary legislation, for 2 years, which would have given the country and the businessmen a chance and an opportunity to ascertain whether it is what it is claimed to be by the proponents, or whether it is not. I feel that this bill requires careful consideration on the part of all of us. If I thought that it would help small business I would be for it. On the other hand, if I should come to the conclusion that it would hurt the small-business men, naturally I would be against it. It is for this reason that I, for one, urged and advocated the creation of the Small Business Committee.

In the last 6 or 7 years we have spent, I think, $150,000 on that committee so it could keep the House informed and give us information and try to aid in bringing about legislation that would

8992 CONGRESSIONAL RECORD-· HOUSE JULY 6 protect small business. I fully appreciate that it does not have legislative power, but it has the power to recommend and it has the duty to submit the knowledge which it has gained from the investigations that it pas carried on, and to which the Members of the House are entitled.

Therefore, I am of the opinion that, after the 3 hours of debate that will be had, you will use your best judgment and vote in accordance with your conscience for what. you believe to be in the best interest of the country, as I said before.

Personally, somehow or other I was inclined to vote for the bill originally upon the evidence presented, but when I hear my Republican friends so much interested in the bill, I commence to doubt whether this is in the best interest of the country or the small-business men, because very seldom do I see my Republican friends do anything or vote for anything that is for the small business. They are invariably on the side of the big boys. All they give the little fell ow is lip service.

Let me quote from Justice William 0. Douglas' dissent in the recent Standard Oil case:

The Increased concentration of industrial power in the hands of a few has changed habits of thought. A new age has been introduced. It is more and more an age of monopoly competition. Monopoly competition is a. regime of friendly alliances, of quick and easy accommodation of prices even Without the benefit of trade associations, of what Brandeis said was euphemistically called cooperation. While this ls not true in all fields, it has become alarmingly apparent in many.

The lessons Brandeis taught on the curse of bigness have largely been forgot~en in bigh places. Size is allowed to become a menace to existing and putative competitors. Price control is allowed to escape the influences of the competitive market and to gravitate into the hands of the few. But beyond all that there is the effect on- the community when independents are sw8.llowed up by the trusts and entrepreneurs become employees of absentee owners. Then there ls a serious loss in citizenship. Local leadership is diluted. He who was a leader tn the village 'becomes dependent on outsiders for his action and pollcy. Clerks responBible to a superior in a distant place take the place of resident proprietors beholden to no one. These are the prices which the Nation pays for the almost ceasless growth in bigness on the part of industry.

Mr. LYLE. Mr. Speaker, I move the previous question.

The previous question was ordered. The SPEAKER. The question is on

the resolution. The question was taken; and th.e

Speaker announced that the ayes appeared to have it.

Mr. MARCANTONIO. Mr. Speaker, I object to the vote on the ground that a quorum is not present and I make the point of order that a quorum · 1s not present.

The SPEAKER. The Chair will count. [After counting.J One hundred and fifty-three-Members · are present, not a quorum.

The Doorkeeper will close the doors, the Sergeant at Arms will notify absent Members, and the Clerk will call the roll.

The question was taken; and there were-yeas 305, nays 22, not voting 105, as follows:

[Roll No. 123]

YEAS-305 · Abbitt Fisher Abernethy Flood Albert Forand Allen, Calif. Ford Allen, Ill. Frazier Andersen, Fugate

H. Carl Garmatz Anderson, Calif. Gary Andresen, Gathings

August H. Gillet te Andrews Gilmer Angell Golden Auchincloss Goodwin Barden Gore Baring Gorski, N. Y. Barrett, Wyo. Gossett Bates, Ky. Graham Bates, Mass. Grant Battle Gregory Beall Gross Beckworth Gwinn Bennett, Fla. Hagen Bennett, Mich. Hale Biemiller Hall, Bishop Leonard W. Bland Halleck Blatnik Hand Boggs, Del. Harden Boggs, La. Hardy Bolling Hare Bonner Harris Bosone Hart Boykin Harvey Bramblett Hays, Ark. Breen Hays, Ohio Brehm Hebert Brooks Heffernan Brown, Ga. Herlong Brown, Ohio Herter Bryson Heselton Buchanan · Hill Burdick Hinshaw Burke Hobbs Burleson Holifield Burnside Holmes Burton Hope Byrnes, Wis. Horan camp Howell Canfield Huber Cannon Hull Carlyle Irving Carnahan Jackson, Calif. Carroll Jacobs Case, N. J. James Case, S. Dak. Javits Celler Jenison Chlperfield Jenkins Christopher Jensen Church Johnson Clemente Jones, Ala. Cole, Kans. Jones, Mo. Cole, N. Y. Jones, N. c. Collner Judd Combs Karsten Cooley Kean Cooper Kearney Corbett Kearns Cotton Kea.ting Cox Kee Crawford Kelley Crook Kerr Crosser King Cunningham Kirwan Curtis Kunkel Dague Lane Davenport Larcade Davies, N. Y. Lecompte Davis, Ga. LeFevre· · Davis, Tenn. Lemke Davis, Wis. Lichtenwalter Deane Lind DeGratfenried Linehan Denton Lodge D'Ewart Lovre Dolliver Lucas Dondero Lyle Donohue Lynch Doughton McConnell Eberharter McCormack Elliott McCulloch Ellsworth · McDonough Engle, Calif. McGregor Evins McGuire Feighan Mack, Wash. Fent on Madden Fernandez Magee ·

Mahon Marsalis Meyer Michener Miles Miller, Calif. Miller, Md. Miller, Nebr. Mills Monroney Morgan Morris Morrison Morton Moulder Multer Murdock Murphy Murray, Tenn. Nicholson Nixon Noland Norblad Norrell O'Hara, Ill. O'Hara, Minn. O'Neill O'Toole Pace Passman Patman Patten Perkins Peterson Philbin Phillips, Calif. Phillips, Tenn. Pickett Poage Polk Potter Poulson Preston Price Priest Rabaut Ra.ins Reed, Ill. Reed,N. Y. Rees Regan Rhodes Ribicotf Rich Riehlman Rodino Rogers, Fla. Rogers, Mass. Rooney ~a bath Sadlak St. George Sanborn Sasscer Scott, Hardie Scrivner Scudder Secrest Sheppard Short Simpson, Ill. Simpson, Pa. Sims Smith, Kans. Smith, Va. Smith, Wis. Spence

. Steed Stefan Stigler Sullivan Talle Teague Thomas, Tex. Thompson Thornberry Tollefson Trimble· Va.n Zandt Velde Vorys Vursell Wadsworth Wagner . Walter Welch, Calif, ·

Welch, Mo. Werdel White, Calif. White, Idaho Whitten Whittington Wickersham

Wier Wigglesworth Williams · Willis Wilson, Ind. Wilson, Okla. ·Wilson, Tex.

NAYS-22

Win.Stead Wolcott Wolverton Wood Woodruff Worley

Addonizlo Keogh Rankin Sadowski Sutton Tauriello Yates Young

Allen, La. Lanham· Cavalcante McCarthy Chudotf McKinnon Green Mansfiel(J. Havenner Marcantonio Jackson, Wash. Marshall Karst O'Sullivan

NOT VOTING-105 Granger Pfeifer, Hall, Joseph L.

Edwin Arthur Pfeiffer,

Arends Aspinall Bailey Barrett, Pa. Bentsen Blackney Bolton, Md. Bolton, Ohio Buckley, Ill . Buckley, N. Y . Bulwlnkle Byrne, N. Y. Chatham Chelf Chesney Clevenger Coudert Dawson Delaney Dingell Dollinger Douglas Doyle Durham Eaton

Harrison William L.

Elston Engel, Mich. Fallon Fellows Fogarty Fulton Furcolo Gamble Gavin Gordon Gorskl, Ill. Granahan

Hedrick Plumley Heller Powell Hoeven Quinn Hoffman, Ill. Ramsay Hoffman, Mich. Redden Jennings Richards Jonas Rivers Keefe Roosevelt Kennedy Scott, Kilburn Hugh D., Jr. Kilday Shafer Klein Sikes Kruse Sm1tthers Latham Smith, Ohio Lesinski Staggers McGrath Stanley McMillan, S . C. Stockman McMillen, Ill. Taber Mcsweeney Tackett Mack, Ill. Taylor Macy Thoma[f; N. J. Martin, Iowa Towe Martin, Mass. Underwood Mason Vinson Merrow Walsh Mitchell Weichel Murray, Wis. Wheeler Nelson Whitaker Norton Withrow O'Brien, Ill. Woodhouse O'Brieu, Mich Zablocki O'Konski Patterson

So .the resolution was agreed to. The ·c1erk announced the following

pairs: Additional general pairs until further

notice: • Mr. Roosevelt with Mr. Taber.

Mr. Gordon with Mr. Arends. Mr. Gorski of Illinois with Mr. Martin of

Massachusetts. Mr. Redden with Mr. Towe. Mr. Hedrick with Mr. Jonas. Mr. Harrison with Mr. Hoeven. Mr. Stanley with Mr. Gavin. Mr. Sikes with Mr. Clevenger. Mr. Whitaker with Mr. Hugh D. Scott, Jr. Mrs. Woodhouse with Mr. Shafer. Mrs. Norton with Mr. Latham. Mrs. Douglas with Mr. Kilburn. Mr. Zablocki with Mrs. Bolton of Ohio. Mr. Mcsweeney with Mr. Eaton. Mr. McMillan of South Carolina with Mr.

Gamble. Mr. Fogarty with Mr. Hoffman of Michigan. Mr. Buckley of New York with Mr. Weichel; Mr. Aspinall with Mr. Taylor. Mr. Barrett of Pennsylvania with Mr. Smith

of Ohio. , Mr. Chelf with Mr. Plumley. Mr. Fallon with Mr. William L. Pfeiffer. . Mr. Staggers with Mr. Coudert. Mr. Tackett with Mr. Edwin Arthur Hall. Mr. Wheeler with Mr. Hoffman of Illinois: Mr. Kilday with Mr. Stockman. Mr. Kennedy with Mr. Patterson. Mr. O'Brien of Michigan with Mr. Macy. Mr. O'Brien of Illinois with Mr. Martin of

Iowa. · Mr. Furcolo with Mr. Mason. Mr. Granahan with Mr. Merrow.

1949 CONGRESSIONAL RECORD-HOUSE 8993 Mr. Kruse with Mr. Elston. Mr. Smathers with Mr. Engel of Michigan. Mr. Walsh with Mr. Fellows. Mr. Dingell with Mr. Fulton. Mr. Blatnik with Mr. Jennings. Mr. Richards with Mr. Keefe.

The result of the vote was announced as above recorded.

The doors were opened. Mr. CELLER. Mr. Speaker, I move

that the House resolve itself into the Committee of the Whole House on the State of the Union for. the consideration of the bill (S. 1008) to define the application of the Federal Trade Commission Act and the Clayton Act to certain pricing practices.

The motion was agreed to. Accordingly the House resolved itself

into the Committee of the Whole House on the State of the Union for the consideration of the bill, S. 1008, with Mr. MAHON in the chair.

The Clerk read the title of the bill. By unanimous consent, the first read

ing of the bill was dispensed with. Mr. CELLER. Mr. Chairman, I yield

10 minutes to the gentleman from Pennsylvania [Mr. WALTER).

Mr. WALTER. Mr. Chairman, in the 17 years I have been a Member of this body I have seen much confusion concerning legislation. Some of it came naturally and some was inspired. I am certain that if the Members. of this House will read the bill under consideration and the report they will reach the same conclusion the House Committee on the Judiciary reached when it reported this bill unanimously.

Of course there is opposition to this measure. That opposition comes from those who would make unlawful the basing-point system of pricing. That opposition comes from those who believe the Supreme Court outlawed the basingpoint system.

Now a word as to the history of this situation. Last year the Supreme Court in the so-called Cement case laid down a decision which, as the distinguished chairman of our committee so well stated in the consideration of the rule, was proper. It left no doubt in anybody's mind up to a point. Then•, in obiter dicta, the Court went further- than it hacl to go in reaching it~ decision, and indicated that it was no longer legal to absorb

· freight. Immediately after that . decision was handed down employers and employees alike all over the -Nation asked: "What does the decision mean?'~

At the request of representatives of the American ·Federation of. Labor, I introduced a bill providing for a moratorium, which would have enabled the Committee on the Judiciary to have made a complete study of the effect of the Cement decision and then indicating whether or not in the judgment of the committee legislation was necessary. At about th') same time Senator MYERS, of Pennsylvania, introduced the same moratorium resolution in the Senate. Then, within a matter of days Senator CAPEHART introduced a resolution which was adopted. This resolution provided for extensive hearings to make inquiry into the impact this decision might have on the economy of the Nation . .

In conference with the then distingUished majority leader the gentleman from Indiana [Mr. HALLECK] and the then distinguished chairman of the Committee on the Judiciary of the House, I decided not to press for consideration of the moratorium resolution which I had introduced because we felt it would mean a duplication of effort. and. it would have meant the calling before our committee of the same witnesses who had testified before the Capehart committee.

At those hearings held by the Capehart committee a volume in excess of· 1,100 pages of testimony was taken. Members of the Committee on the Judiciary of the House and its professional staff were in attendance. After the committee completed its deliberations legislation was drafted. I introduced a bill in the House, Senator JOHNSON of Colorado introduced a bill in the other body and Senator O'MAHONEY introduced still another bill. There were a number of bills introduced, all of which were designed to clarify this situation.

When the moratorium bill was reported by the Committee on the Judiciary of the House at this session, unanimously, if you please, it went to the Committee on Rules and the request was made for a rule. Day after day, excuse after excuse was found not to grant a hearing on that moratorium bill. When the Senate acted it did not act hastily. I dare say that no subject has been given the study that the subject which is now under consideration was given. Senator O'MAHONEY, as chairman of the TNEC, conducted hearings over a period of months-yes, several years. As a result of those hearings I believe 17 or 18 volumes of testimony was adduced.

This question was not hastily considered. If those people who are opposed. to this bill will be honest in their opposition, they will state that they want the basing-point system made unlawful. They say to you· that if that is to be done, iet us come in the front door and do it, and -let us not permit an administrative agency to· again invade the legislative field. - Let us look a little further into the history of this . matter. About the time the moratorium bill was under consideration there was ih the Supreme Court the Rigid Steel Conduit case. I hold no brief for the practices indulged in by the cement organizations. Let me say to you that tinder~ the language of this bill nothing that the Supreme -Court held illegal in the Cement case has had the stamp of approval placed on it. Those practices are still illegal, and this bill in no way disturbs the decision. · .

In the Rigid Steel Conduit case there were two counts before the Federal Trade Commission. The first count averred a conspiracy and unlawful competition; and it was made out. There is no question about it. But the second count had to do with matching prices, and nothing else. The Supreme Court took the obiter dicta out of the cement case-not the decision, not the law, but the arguments, put into the decision improperly, and used that as a precedent for its decision in the Rigid Steel

Conduit case. Does that 4-to-4 decision outlaw the absorption of prices? Does it?

Here is Business Review of the Federal Reserve Bank of Philadelphia. It is a well-gotten-up periodical. Everything in it is written by people who know what they are writing about. In discussing f. o. b., let me call attention to how they start the article:

The Supreme Court's decision in April sustaining the Federal Trade Commission's cease and desist order against the use of the basing point pricing system in the cement industry promises to have far-reaching effect.

They start on the major premise that that 4-to-4 decision has actually outlawed that well-known, time-honored system of doing business. Is there any reason why people are confused? Is there any reason why people who read that fine periodical are confused?

Let us go a little further. The CHAffiMAN. The time of the

gentleman from Pennsylvania [Mr. WALTER] has expired.

Mr. CELLER. Mr. Chairman, I yield the gentleman five additional minutes.

Mr. WALTER. Commissioner Mason, one of the Federal Trade Commissioners, had this to say:

I believe that freight absorption is out.

But what does Mr. Davis, another member of the Federal Trade Commission, say?

It is my understanding that the Commission has not challenged freight absorption per se.

There are the opinions of the effect of the decision expressed by two members of the Federal Trade Commission, each of whom has issued a statement that American business has a right to rely upon. Which one is correct? Which one can be relied upon? Is the manufacturer of palm beach suits g()ing to be penalized because he sells his suits for the same price all over the Nation? Are Smith Bros. going to be prosecuted because they sell their cough' drops at the same price all over the Nation? Who knows? Just as Senator O'MAHONEY testified before our committee-and let me call you.r attention to this fact, that Senator O'MAHONEY is chairman of the Joint Economic Report, a man who has devoted his entire service in the Senate in an attempt to strengthen· the antitrust laws. He is the man who urges enactment of this legislation . . He is the man who offered the amendment in the Senate. He is the man who came before the Judiciary Committee of the House, and was one of the six people who testified on behalf of this bill. Could you imagine Senator O'MAHONEY desiring to do anything that would weaken the antitrust laws?

Mr. WILLIS. Mr. Chairman, will the gentleman yield?

Mr. WALTER. I yield. Mr. WILLIS. Did not Mr. O'MAHONEY

also agree to the Kefauver amendments? Mr. w ALTER. Senator O'MAHONEY

agreed to the Kefauver amendments. The objection, as somebody pointed out a while ago in the discussion of the rule, was that he said he was not sure what

8994 ·coN.GJiESSION AL RECORD-HOUSE JULY 6 it meant, and in the committee at the hearings he indicated that he thought they should come out, as did Mr. Bergson, the representative of the Department of Justice.

Mr. BATTLE. Mr. Chairman, will the gentleman yield?

Mr. WALTER. I yield. Mr. BATTLE. Does this bill reestab

lish the basing-point system? Mr. WALTER. No; this b111 does not

reestablish the basing-point system. Mr. BATTLE. Does it prohibit the

basing-point system from being reestabUshed?

Mr. WALTER. It makes it possible for a manufacturer to price his articles based on what in his own judgment is the best method 1n order to ensure to him business so that he can remain tn business. He may quote either f. o. b. or absorb the freight. What it does say is that the absorption of freight rates per se, of itself, standing alone, 1s not in violation of the antitrust laws of this land.

I would like to say Just one thing because of what our distinguished colleague the gentleman from Texas CMr. PATMAN] asked in the discussion of the rule: What concern is it of the Department of Justice? I point out to my distinguished friend that the head of the Antitrust Division of the Department of Justice is charged with the responsib111ty of enf orclng the law that this bill attempts to clarify.

Mr. PATMAN. Mr. Chairman, w111 the gentleman yield?

Mr. WALTER. I yield. Mr. PATMAN. Does the gentleman

contend that the Department of Justice concerns itself with the two particular acts in this bill that this bill would amend, the Clayton Act and the Robin.son-Patman Act? It does not. They enfor.ce the Sherman Act. The Federal Trade Commission enforces the others.

Mr. WALTER. Unlawful restraint of trade, exactly. I may say t<> the gentleman from Texas. the Department of Justice is charged with the responsibility of enforcing all of our antitrust laws, and the agency charged with the enforcement of the Clayton Act does not oppose the enactment of this legislation.

In ·closing, Mr. Chairman, I ask my colleagues to do just one thing: Do not be deceived by this inspired propaganda.. I will point the source out to you: The National Association of Retail Druggists sent a bulletin around to ·their malltng list. The first line of this bulletin states: "Please relay this message to all independent druggists." You have heard from a lot of independent druggists, but y.ou write back to those Independent druggists and inform them that there will be more sources of supply for the things that they buy if this law is enacted than would otherwise be the case.

The CHAIRMAN. The time of the gentleman from Pennsylvania has again expired.

Mr. MICHENER. Mr. Chairman, I yield 10 minutes to the gentleman from New Jersey CMr. CASE].

Mr. CASE of New Jersey. Mr. Chairman, the committee has assigned to me . the task of discussing the Kefauver amendments. B2fore I do so, however,

may I express my own concurrence with the purpose of this bill as .a whole. It seems to me most desirable to take some of the fuzz and fog out of the law relating to this matter and find just exactly where the law stands now. The fuzz and the fog are particularly inherent in the Robinson-Patman Act.

Mr. MICHENER. Mr. Chairman, will the gentleman yield for just one question?

Mr. CASE of New Jersey. I yield to the gentleman from Michigan.

Mr. MICHENER. The real fight in this bill is on the Kefauver amendments, is it not?

Mr. CASE of New Jersey. That is one of the fights, I may say to my colleague from Michigan. I hesitate to speak for the gentleman from Texas, but I should guess that he has other objections as well.

Mr. MICHENER. That is probably so~ but I mean as far as the rest of the membership is concerned.

Mr. FERNANDEZ. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from New Mexico.

Mr. FERNANDEZ. The gentleman spoke about fuzz and fog. He did not mean smog, did he?

Mr. CASE of New Jersey. That is perhaps a very useful word I could say, too.

Mr. AUGUST H. ANDRESEN. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from .Minnesota.

Mr. AUGUST H. ANDRESEN. There is one thing I would like to have cleared up. Many of us who live out in the Midwest have a good many small factories that are required to buy a. considerable part of their material, steel, and other things, from the eastern part of the country. We are led to believe that many of these small businesses will be put out t)f business unless the Supreme Court decision is set aside by this type of legislation. May I ask the gentlemen, does this legislation give the small business concerns, small manufacturers, the ,same opportunity they had before if this legislation is passed?

MrA CASE of New Jersey. In my opinion, there is nothiag m Jt that would interfere with small business in that regard, and I do not lJelieve anyone would argue that there is.

.Mr. AUGUST H. ANDRESEN. Under the present decision of the Supreme Court many of Olli' small-business men will be put out of ·business because they wlll not be a.bie to compete with other businesses located closer to their source of supply . .

Mr. CASE of New Jersey. I think that is a quite likely result.

Mr. WORLEY. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from Texas.

Mr. WORLEY. I wonder if the gentleman will tell the committee exactly what this bill proposes to do.

Mr. CASE of New Jersey. I shall be glad to try to do so.

Mr. CRAWFORD. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from Michigan.

Mr. CRAWFORD. In answer to the gentleman from Minnesota, will not this bill make it possible for the original suppliers of those small firms to which he ref erred to, buy goods from those old suppliers along the line that they did in previous years, under which conditions these small-business men established their business and made a success of it, and they can do so because this bill makes it possible for the old supplier to absorb a freight rate without violating any Sherman antitrust law, Clayton Act, <>r other act? That is what this bill does?

Mr. CASE of New Jersey. Yes. The clear purpose of the bill is to avoid a tremendous disruption of present business practices not in any way related to collusiou, monopoly, or &rlything of that sort.

Mr. CRAWFORD. In other words, the old suppliers cannot supply the firms to which he refers. They have got to look for new sources of supply and therein they get Into dimculty?

Mr. CASE of New Jersey. The disruption and dislocation to business that would follow, I think, would be enormous.

Mr. HALLECK. Mr. Chairman, w111 the gentleman yield?

Mr. CASE of New Jersey. 1 yield to the gentleman from Indiana.

Mr. HALLECK. Reference has been made to the Robinson-Patman Act. That act was passed soon after I came to Congress. I supported it at that time. I find myself in agreement with its principles and I still am in agreement with it. I think there is some feeling abroad that this measure would destroy the protection of the Robinson-Patman Act. I have been assured by other competent people it will be nothing of the sort. It would be very helpful if the gentleman in his time would address himself to that proposition.

Mr. CASE of New Jersey. I shall try to do so.

Mr. O'HARA of Minnesota. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from Minnesota.

Mr. O'HARA of Minnesota. Would the gentieman also addr.ess some portion cf his remarks to the effect of this bill upon the Clayton and Sherman Anti-trust Acts? ·

Mr. CASE of New Jersey. The gentlemen of the committee have honored me with a very large order which goes beyond my narrow assignment. but I shall attempt It to the limit of my capacity.

The bill has two major parts which have already been discussed. It would amend the Federal Traide Act in respect to the definition of what is an unfair trade practice. It would amend the Clayton Act, as amended by the Robinson-Patman Aet, or the Robinson-Patman Act itself, in respect of the nature of proof necessary to establish good faith in meeting competition as a defense where discriminations ia price are cha.rged.

On the :fir.st point the bill provides: It shall not be an unfair method of eom

peti tion or an unfair or deceptive act or practice for a seller, acting independently~ to quote or sell at delivered prices or to absorb freight: Provide'i,, That this shall not

1949 CONGRESSIONAL RECORD-HOUSE 8995 ·make lawful any combination, conspiracy, or collusive agreement; or any monopolistic, oppressive, deceptive, or fraudulent practice, carrried out by or involving the use of de- · livered prices or freight absorption.

In other words, to have the benefit of the provisions of this bill in respect of what constitutes an unfair trade practice under the Federal Trade Commission Act, the practice involved must not be the result of any agreement or collusion or understanding between competitors. In additi'on to that, it cannot be a practice involving a monopolistic, oppressive, deceptive, or fraudulent practice, even though done without collusion. It seems to me that the safeguards set up against any weakening of the antitrust Ia w in respect to this particular section of the bill are complete.

The second part of the bill deals with the Robinson-Patman Act-that is to say, the Clayton Act, as amended by the Robinson-Patman Act-dealing with discrimination in prices. It has several provisions. In the first place, it states, on page 2, in section 2 (a) of this bill:

That it shall not be an unlawful discrimination in price for a seller acting independently to quote or sell at dellvered prices U such prices are identical at different delivery points or if differences betnween such prices are not such that their effect upon competition may be that prohibited by this section.

There seems to be no objection, so far as I know, to that particular provision, which is clause A of section 2 of this bill. It is not that clause to which the Kefauver amendment, so-called, related.

The bill also provides, in section 2, clause B, that it is not an unlawful discrimination in price for a seller acting independently "to absorb freight to meet the equally low price of a competitor in good faith."

Here is where the Kefauver amendment would come In. The bill, as it was introduced by Senator O'MAHONEY, went no further. Senator KEFAUVER suggested that the effect of the bill, if it went no further, would be to abrogate the decision of the court of appeals for the seventh circuit in the recent Standard Oil case in this respect: That, if good faith were shown by a person in meeting the price of a competitor, it would make no cUfference whether competition were effected or not. The court of appeals, as you know, held in that case that the Standard Oil Co. was guilty of a violation of the Robinson-Patman Act when it sold at one price to a group of wholesalers in order to· meet the competition of other refining companies with those wholesalers, and at another price to its own retail customers, even though as the court conceded, that that discrimination, if you will, in price was made in good faith to meet the equally low price of competitors of the Standard Oil Co. This bill, as introduced by Senator O'MAHONEY and as recommended by our committee would abrogate that decision in that respect; there is no question about that. There is no attempt to conceal that that would be the effect. Senator KEFAUVER suggests, and the Senate adopted his suggestion, that the defense of good faith in meeting competition should not be a complete bar to an action under the Robinson-Patman

XCV--567

Act if competition, in fact, was lessened, as in the Standard Oil case.

The CHAffiMAN. The time of the gentleman from New Jersey has expired.

Mr. MICHENER. Mr. Chairman, I yield the gentleman 10 additional minutes.

Mr. CASE of New Jersey. The competition found to have been hindered in the Standard Oil case was competition between retail customers of the wholesale buyers from the Standard Oil Co. and the Standard Oil Co's. own retail customers.

Mr. CARROLL. Mr. Chairman, wlll the gentleman yield?

Mr. CASE of New Jersey. I yield to the gentleman from Colorado.

Mr. CARROLL. Is it not true that during the debates In the Senate on this very measure Senator O'MAHONEY was not really aware of the implications of :his own bill until Senator KEFAUVER mentioned the effect of his amendment and the decision to which the gentle.man has just referred?

Mr. CASE of New Jersey. I have read the record of the proceedings 1n the other body in that respect. That inference perhaps might be drawn. I should not, myself, draw it. I rather think that he was at least as uncertain as to the purpose of the Kefauver amendment as he was as to the effect of the bill without it and as to the necessity for it, too. I think that, regardless of what he may have said on the fioor, and there was some rather unclear language in the RECORD on that point, his later remarks to us in committee with respect to the Kefauver amendment, made after mature reflection, are the more significant in respect of his views on that point.

Mr. CARROLL. The RECORD shows that Senator O'MAHONEY used almost the identical words the gentleman has used in explaining this today, and he admitted very frankly that the situation, as outlined by Senator KEFAUVER, would not be covered by his bill. I think the gentleman has indicated that it would not be covered under the present bill if the Kefauver amendmrnt were stricken from the b111 under the Standard Oil decision.

Mr. CASE of New Jersey. I think there ls no dispute that the Standard Oil decision would be overridden if the bill, as the committee recommends 1t without the Kefauver amendment, becomes law. In my opinion, that is a proper result.

It seems to me the purpose of the antitrust laws should not be to protect people against legitimate competition made in good faith. That is the view of the members of the Trade Commission themselves, it is the view of the Antitrust Division of the Department of Justice of the United States, and it seems to me it is the sound view for us to take as a matter of economic policy.

Mr. WILLIS. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I Yield to the gentleman from Louisiana.

Mr. WILLIS. I am glad the gentleman concedes that the purpose and eif ect of section 2, clause B, of this bill, is to overrule the decision of the court of appeals in the Standard Oil case.

Mr. CASE of New Jersey. I think the result would be a different decision in

that case, although, without knowing all the facts, I cannot say surely that the result would have been different.

Mr. WILLIS. The plain purpose of the Kefauver amendment in any event is to preserve the doctrine of that decision.

Mr. CASE of New Jersey. In the respect we are talking about, that is true.

Mr. WILLIS. Under the RobinsonPatman Act it is made unlawful for a supplier to go into a community and, even to meet the preva111ng price of a competitor in good faith, prefer one retailer over another. He cannot pref er his own customers and discriminate in price for one store on one side of the street as against another store on the other side of the street, even though he does it in good faith in order to meet competition. This bill, however, would make possible and would specifically permit discrimination in price between a supplier's own customers. Is not that true?

Mr. CASE of New Jersey. I should think it would be very difficult to find In fact a situation of the type the gentleman has attempted to pose. I cannot imagine that retailers actually in competion with each other would not also have the same chance of buying at the low price that one of them had, from a competitor of the supplier. Therefore I do not believe that in fact the situation is very likely to arise whether a person in good faith would be meeting competition of that sort.

Mr. WILLIS. Suppose there is a chain store in a community and 10 corner grocery stores. The chain store goes to a supplier and wants a price lower than he has been accustomed to getting from his former supplier. That happens every day. They use the power of large buying. The gentleman does not deny that. That very thing persisted from 1916 or thereabouts, when the Clayton Act was amended, until 1935, when the practice was prohibited by the Robinson-Patman Act. Does not the gentleman know it is possible and is very much engaged in for the big grocery stores and chain stores to beat down the manufacturers and get a better price and that, therefore, this bill would make it lawful for one supplier to discriminate against his own customer? Does not the gentleman concede that?

Mr. CASE of New Jersey. No, I do not, as the gentleman has stated it. If this bill becomes a law, it will still be unlawful under the Robinson-Patman Act for a retailer, no matter how large, no matter how great his bargaining power may be, to get from a supplier a better price than his small competitor, except to the extent that the supplier may make savings owing to the size or other matters in relation to his dealings on the particular transaction. Discriminations, except those based on savings in cost, are not justified and will not be justified under the Robinson-Patman Act even if this b111 becomes law.

Mr. HALLECK. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield. Mr. HALLECK. It is obvious that the

gentleman has studied this matter very carefully. Do I conclude from what ha

8996 CONGRESSIONAL RECORD-- HOUSE 'JULY 6

just said that it is his opinion that the essential protection of the Robinson. Patman Act will be preserved if this legis~ lation becomes law?

Mr. CASE of New Jersey. I believe that it will. I should like ,to. point out just one or two specific points as to which questions have been raised and, I think, improperly. It has . been said that tl:~e defense of meeting competition in good faith would permit a person to meet a price which his competitor , offered, the competitor being in violation of the Robinson-Patman Act. That is not so. The Staley case makes that unlawful and that decision' would not be affected. at all. · · . · ·

Mr. WILLIS. Mr. Cnaiiman, will the gentleman yield? ,

Mr. CASE of New Jersey. I yield. Mr. WILLIS. Suppose, for instance,

you are a supplier supplying stores in a particular community at a set price. You are a manuf acture:r and · you sell your canned goods to all the grocery stores at the same price, Suppose I am a competitor manufacturer. I come into your field and I offer to two · or three of your customers canned goo~s at cheaper .prices. I, your competitor, haye not violated any Iaw, .have I? ·

Mr. CASE· of New Jersey: . We will assume that ·you have not, because you have not discriminated in price, but have merely exercised the right to· refuse to sell or to choose your customers.

Mr. WILLIS. Then you say under your bill, or at least I say, under this b111 it would be permissible for. you, in order to meet my competition, to three or four of your customers to meet my price, but to cut the throat of all· your other customers in the .. same· territory?

Mr. CASE of New Jersey. May I point out one thing. The gentleman ascribes to this bill much larger scope than the bill itself has.

Mr. WILLIS. Mr. Chairman, will the gentleman yield once. more?

Mr. CASE of New Jersey. I yield. Mr. WILLIS. Is it not true that sec

tion 3 of this bill has nothing to do with freight absorption and· delivered price and that it permits a supplier to justify any discrimination-any discrimination in good faith to meet competition outside of and irrespective of the absorption of freight and delivered price?

Mr. CASE of New Jersey. Section 3 deals with the matter of procedure in establishing good faith as a defense and as to that point the gentleman is correct.

Mr. JENSEN. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield. Mr. JENSEN. If we were to go on

the premise that the gentleman .from Louisiana has just talked about, then of course we would have a complete control of our pricing system. If it was not permissible for the supplier to arrange his prices, in order to stay in business, naturally we would be under a specific Government control of our free enterprise and we would all have to sell at the same: price. Th.at is the very thing this bill is trying to correct.

Mr. CASE of New Jersey. I thank the gentleman for -his contribution. I think

-I am taking more of the time of the com-

mittee than my knowledge of this subject justifies, but I want to make just a couple of points with reference to the position of the Government departments that understand these problems and have to deal with them-whose duty it is to . deal with antitrust matters.

The CHAIRMAN. The time of the gentleman has expired.

Mr. GRAHAM. Mr. Chairman, I yield two additionai minutes to the gentleman from New Jersey . .

Mr. CASE of ·New Jersey. Mr. Chairman, the members of the Federal Trade Commission on February 11 of.• this year answered a number of questions asked by the Senate Interstate and Foreign Commerce Committee. One of .those questions is as follows:

Where a seller in good faith reduces his price to meet the lower price of a competitor-, do you believe he should be permitted to meet that lower price, when he does so in good faith, even if his doing so may cause an injury to a competitor, or to a competitor of his customer?

-- The answer is: Yes. · If goOct faith is pre~ent, inju~·y to

competition will be rare; and in general the policy of the law should not discourage active comp.etition by preventing the meeting of competi~ion in good faith.

It seems -to me that that fairly poses the real issue here. - Mr. CARROLL. Mr. Chairman, will the gentleman yield? ..

Mr. CASE of New Jersey. I yield. Mr. CARROLL~ · I commend the gen

tleman for making a very fine and sincere statement, but I would_ like the gentleman's ' opinion, as he has studied this bill and the Kefauver amendments in relation to _, it . . Where could' the Kefauver- amendments, - if inserted - in the present bill, interfere with the splendid presentation made by · Senator O'MAHONEY on the :fioor of the Senate? It seems to me, after reading this with some care, that the o ·'Mahoney bill gives ample protection and at least clarification of some ·of the Supreme Court decisions, and the Kefauver amendment takes a step further. It gives protection under circuit court of appeals decisions. It gives . some ~easure of protection to small•business men and cannot possibly confuse or harm anybody but will give protection under the law and will not take away a remedy which has been established by law.

Mr. CASE of New Jersey. I feel it would be very harmful. That is my honest opinion. It would leave· the question of protection of meeting competition in good faith very, very doubtful, indeed. And where doubt exists businessmen wm hesitate to venture and competition and the consumers will suffer. Confusion in these matters is inevitable to a certain extent, but it seems to me we should clarify the law to the utmost extent possible without serious harm. The opinion of the people in our Government departments best qualified to deal with this matter is that this bill will not harm anybody. Its advantages are very great indeed ..

The CHAIRMAN. The time of the gentleman from New Jersey has again expired. -

Mr. MICHENER. Mr. Chairman, I yield the gentleman two additional minutes .

Mr. CELLER: Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. I yield. Mr. CELLER. I think the gentleman

will agree that we should encourage competition . . Is that not so?

Mr. C.ASE of New Jersey. That is my very firm belief.

Mr. CELLER. And the Kefauver amendments would have denied competi-tion. . · Mr. CASE of New Jersey. The Kefauver amendments would prevent competition in many_ instances ·because the danger of competing will deter people from engaging in.it. That .fog .and uncertainty, as l stated in the earlier part of my statement, is the very .thing we owe not only business but the consumers of this country the duty to get rid of at the earliest po'ssible moment and to the greatest possible extent.

Mr. CELLER. The purpose of the bill primarily is · to give· 'clarification where there is a great deal 'of cloudiness now. Is it not your opinion that the wording of the Kefauver amendments would give rise to limitless controversy ·and diffi- · culty? · ~ . ·

Mr. CASE of New Jersey. I think it would do exactly that. · It would prevent, or as Mr. Bergson, head of the Antitrust Division in the Department of Justice said, at least make much more

· difficult the establishment of the defense of good faith in meeting competition in many cases.

Mr. MICHENER. Mr. Chairman, will the gentleman yield?

Mr. CASE of New Jersey. l yield. Mr. MICHENER. The O'Mahoney bill - .

was on the Senate floor as a substitute, as I understand. The Kefauver amendments were offered from the floor. They had no consideration. . The bill had to be dtsposed of that day. The Kefauver amendments . were accepted by Senator O'MAHONEY, and the bill came to the Judiciary Committee of the House. Is not the considered judgment of Senator O'MAHONEY as to what the KEFAUVER amendments would do and what their import is and what their effect will be at this time more valuable than the momentary judgment given on the Senate floor?

Mr. CASE of New Jersey. There is no doubt th.at is the case. . The CHAIRMAN. The time of the

gentleman from New Jersey CMr. CASE] has again expired. - ·

Mr. CELLER. Mr. Chairman, I move ·that the Committee do now rise.

The motion was agreed to. Accordingly the Committee rose: and

the Speaker having resumed the chair, Mr. MAHON, Chairman of the Committee of the Whole House on the · State of the Union, reported that Committee, having had under consideration the bill S. 1008, ·had come to no-resolution thereon.

HOUR OF MEETING ~OMORROW

Mr. PRIEST. Mr. Speaker, I ask unanimous consent that when the House adjourns today it adjourn to meet at 11 o'clock tomorrow . .

1949 CONGRESSIONAL RECORD-. ~OUSE 8997 The SPEAKER. Without objection,

it is so ordered. There was no objection.

HOUSING LEGISLATION

Mr. PRIEST. Mr. Speaker, I ask unanimous consent that the Comµiittee on Banking and Currency may have until midnight to file a conference report and statement on the bill S. 1070, the housing bill.

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

Mr. HALLECK. Reserving the right to object, Mr. Speaker, can the gentleman tell us when it may be proposed to call up that report, if the report is filed?

Mr. PRIEST. I have not conferred with the majority leader on that point, and I am not in position at the present 'moment to answer.

Mr. HALLECK. I am not going to object, but I do not think it should be called up tomorrow, because we would not have a chance to look at it, and it is a matter of considerable consequence.

The SPEAKER. The gentleman's st~tements will be .taken into consideration, the Chair assures the gentleman.

Is there objection to the request of the gentleman from Tennessee?


Mr. LANE asked and was given permission to extend his remarks in the RECORD and include a speech he recently, made in his district.

Mr. BURNSIDE asked and was given permission to extend q~s remarks in the RECORD and include a sermon delivered by .the Reverend Edward R. Elson in Washington, D. C.

Mr. CORBETT asked and was given permission to extend his remarks in the RECORD and include a Flag Day speech made by the mayor of Pittsburgh, Pa.

Mr. O'HARA of Minnesota asked and was given permission to extend his remarks in the RECORD and include a newspaper article.

Mr. CASE of New Jersey asked and was given permission to extend his remarks in the Appendix of the RECORD and include the text of a letter from Gov. Alfred E. Driscoll, of New Jersey, to the Metuchen Chapter of the United World Federalists.

Mr. HORAN asked and was given permission to extend his remarks in the RECORD and include a newspaper article.

Mr. HERTER. Mr. Speaker, I ask unanimous consent to extend my remarks in the RECORD.

Tee SPEAKER. Is there objection to the request of the gentleman from Massachusetts?

There was no objection. COMMI'ITEE ON AGRICULTURE

Mr. GRANT. Mr. Speaker, I ask unanimous consent tha~ the Committee on Agriculture may hav~ until midnight tonight to file a report on the bill H. R. 5345, the Agricultural .'\djustmeht Act of 1S49.

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

There was no objection. PROGRAM FOR THE BALANCE OF THE

WEEK

Mr. PRIEST. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

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

There was hO objection. Mr. PRIEST. Mr. Speaker, I take this

time in order to announce that it is the intention, if we finish the basing-point bill and the executive salary increase bill tomorrow to adjourn over until Monday.

BILL PRESENTED TO THE PRESID~NT

Mrs. NORTON, fro:rr the Committee on House Administration~ reported that that committee did on July 5, 1949, present to the President, for his approval, a bill of the House of the following title:

H. R. 2282. An act to make certain Government-owned facilities available for international broadcasting in the furtherance of authorized programs of the Department of State, and for other purposes.

ADJOURNMENT

Mr. PRIEST. Mr. Speaker, ~ move that the House do now adjourn.

The motion was agreed to; accordingly <at 5 o'clock and 22 minutes p. m.) the House, under its. previous order, adjourned until tomorrow, July 7, 1949. at 11 o>clock a. m.

REPORTS OF COMMITTEES ON PUBLIO BILLS AND RESOLUTIONS

Under clause 2' of rule ·XIII, reports of committees were delivered to the Clerk for printing and reference to the proper calendar, as follows:

Mr. CAMP: Committee on Ways and, Means. H. R. 5268. A bill to amend certain provisions of ihe Internal Revenue Code; with an amendment (Rept. No. 920', pt. 2}. Ordered to be printed.

Mr. WHITTINGTON: Committee on Public Works. H. R. 5472. A bill authorizing the construction, repair, and preservation of certain public works on rivers and harbors fat navigation, flood control, and for other purposes; without amend.ment (Rept. No. :J69). Referred to the Committee of the Whole House on the State of the Union.

Mr. BECKWORTH: Committee on Interstate and Foreign Commerce. S. 255. An act to amend section 205 of the Interstate Commerce Act, relating to joint boards; without amendment (Rept. No. 970). Referred to the Committee of the Whole House on the State of the Union.

Mr. BECKWORTH: Committee on Interstate and Foreign Commerce. 'S. 256. A hiII to amend the Interstate Commerce J\ct, as amended; with. an amendment (Rept. No. 971). Referred to the Committee of the Whole House on the State of the Union.

Mr. HINSHAW: Committee on Interstate and Foreign Commerce. H. R. 3940. A bill to amend the Civil Aeronautics Act of 1938, a.s amended, to regulate the transportation, packing, marking, and description of explosives and other dangerous articles; with an amendment (Rept. No. 972}. Referred to the Committee of the Whole House on the State of the Union.

Mr. DAWSON: Committee on Expenditures in the Executive Departments. H. R. 4442.

A bill to authorize the transfer to the Attorney General of a portion of the Vigo plant, formerly the Vigo ordnance plant, near Terre Haute, Ind., to supplement the ·farm lands required for the United States prison system; with an amendment (Rept. No. 9'73). Referred to the Committee of the Whole House on th~ State of the Union.

Mr. MURDOCK: Committee on Public Lands. H. R. 5184. A bill to approve contracts negotiated with the Bene Fourche irrigation district, the Deaver irrigation district, the Westland irrigation district, the Stanfield irrigation district, the Vale Oregon irrigation district, and the Prosser irrigation district, to authorize their execution, and for other puposes; without amendment (Rept. No. 974). Referred to the Committee· of the Whole House on the State of the Union.

Mr. SPENCE: Committee of conference. S. 1070. An act to establish a national housing objective and the policy to be followed in the attainment thereof, to provide Federal aid to assist slum-clearance pl'ojects and lowrent public-housing projects initiated· by local agencies, to provide for financial assistance by the Secretary of Agriculture for farm housing, .and for other purposes. (Rept. No. 975.) Ordered to be pr~nted.

PUBLIC BILLS 4ND RESOLUTIONS

Under clause 3 o:f rule XXII, public bills and resolutions were introduced and severally referred as follows:

By Mr. BLAND: H. R. 5503. A bill to authorize the Secre

tary of the Air Force to release and quitclaim a portion of a right-of-way easement to Langley Air Force Base, .Va.; to the Committee on Armed Services.

By Mr. PRIEST: H. R. 5504. A bill to amend the Public

Health Service Act with respect to venereal disease rapid-treatment centers, and for other purposes; to the Committee· on Interstate and Foreign Commerce.

H. R. 5505. A bill ·to amend the Public Health Service Act to authorize annual· and sick leave with pay for commissioned ofilcers of the Public Healt.h Service, to authorize the payment of accumulated a_nd accrued annual leave in excess of 60 days, and f0r other purposes; to the Committee on Interstate and Foreign Commerce.

By Mr. SANBORN: H. R. 5506. A bill to authorize the Palisades

Dam and Reservoir project, to authorize the north side pumping division, and related works, to provide for the disposition of reserved space in American Falls Reservoir, and for other purposes; to the Committee on Public Lands.

By Mr. ANGELL: H. R. 5507. A bill to amend an act entitled

"An act for the protection of the bald eagle," approved June 8, 1940; to the Committee on Merchant Marine and Fisheries.

By Mr. CLEMENTE: H. R. 5508. A bill to amend the Army and

Air Force Vitalization and Retirement Equalization Act of 1948; to the Committee on Armed Services.

By Mr. RANKIN (by request): H. R. 5509. A bill to provide a more equita

ble determination of the employment seniority rights of veterans of World War II; to the Committee on Veterans' Affairs..

By Mr. WILLIS~ H. R. 5510. A bill to terminate the war tax

rates on certain miscellaneous exeise taxes, and for other purposes; to the Committee on Ways and Means.

By Mr. COOLEY: H. R. 5511. A bill to amend the provisions

of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities~ to the Committee on Agriculture.

. ..

8998 CONGRESSIONAL RECORD-SENATE JULY 7 H. R. 5512. A bill to amend section 13 of

the Federal Farm Loan Act, as amended; to the Committee on Agriculture.

By Mr. ELLIOTT: H. R. 5513. A bill to authorize the appro

priation of funds to assist the States and Territories in financing a minimum foundation education program of public elementary and secondary schools, and in reducing the inequalities of educational opportunities tl}rough public elementary and secoµdary schools, for the general welfare, and for other purposes; to the Committee on· Education and Labor. .. ·

By Mr. SIMPSON of Pennsylvania: H. R. 5514. A bill to amend section 2000 (a)

(2) of the Internal Revenue Code relating to taxes on tobacco and tobacco products; to the Committee on Ways and Means.

H. R. 5515. A bill to amend section 2000 (c) (2) of the Internal Revenue Code relating to taxes on tobacco and tobacco products; to the Committee on Ways and Means.

By Mr. TEAGUE: -H. R. 5516. A blll amending Tariff Act of

1930; to the Committee on Ways and Means. By Mr. HARRISON:

H.J. Res. 289. Joint resolution to provide emergency rellef for victims of. the flash floods which occurred on June 17 and 18, 1949, in the Commonwealth of Virginia, and for the restoration and reconstruction o~ the devastated areas; to the Committee on Ap-propriations. ·

By Mr. STAGGERS: H.J. Res. 290. Joint· resolution to provide

emergency relief for victims . of the fiash floods which occurred on June 17 and 18, 1949, in Grant, Hardy, Pendleton; and Tucker Counties, W. Va.; and for the restoration and reconstruction of the devastated areas; to the Committee on Appropriations.

. By Mr. BRAMBLETT: H.J. Res. 291. Joint resolution to -appoint

a . board of engineers to examine and report upon the proposed central Arizona project; to the Committee on Public Lands.

By Mr. McDONOUGH: H.J. Res. 292. Joint resolution to appoint

a board of engineers to examine and report upon the proposed central Arizona project; to the Committee on Public Lands.

By Mr. SHEPPARD: ~. J. Res. 293. Joint resolution to appoint

a board of engineers to examine and ·report upon the proposed c~ntral Arizona project; to the Committee on Public Lands.

By Mr. MILLER of Nebraska: H. Con. Res. 99. Concurrent resolution pro

viding that Congress shall meet on November l ; .1949, to eliminate unnecessary governmental functions and to bring the expenditures of thf' Federal Government into balance with its income; to the Committee on Rules. ·

By Mr. WHITE of Idaho: H. Con. Res. 100. Concurrent resolution to

maintain permanent peace and prevent war; to the Committee on Foreign ~airs.

PRIVATE BILLS AND RESOLUTIONS

Under clause 1 of rule XXII, private bills and resolutions were introduced and severally ref erred as follows:

By Mr. AUCHINCLOSS: H. R. 5517. A bill for the relief of Lt. Ralph

E. Hazen; to the Committee on the Judiciary. By Mr. BUCKLEY of New York:

H. R. 5518. A bill for the relief of Gustav, Dora, and Manfred Lobl; to the Committee on the Judiciary.

By Mr. COX: H.R. 5519. A bill for the relief of James

Sech-chau Hwang and Mrs. Tseng-hwa Chow Hwang; to the Committee on the Judiciary.

By Mr. MURPHY: H . R. 5520. A bill for the relief of Mario

Bosco; to the Commit tee on the Judiciary.

H. R. 5521. A bill for the relief of Pasquale Cuccurullo; to the Committee on the Judiciary.

By Mr. PATTERSON (by request): H . R. 5522. A bill for the relief of Joaquim

B. Calca; to the Committee on the Judici~ry. By Mr. RAYBURN:

H. R. 5523. A bill for the relief of Fred I. Massengill; to the Committee on the Judiciary.

By Mr. WHITE of Idaho: H. R. 5524 .. . A bill for the relief of William

Sullivan; to the Committee on the Judiciary. By Mr: WOLVERTON:

H. R. 5525. A bill for the ·relief of Mr. and Mrs. Richard E. Deane; to the Committee on the Judiciary.

SENATE THURSDAY, JULY 7, 1949.

<Legislative day of Thursday, June 2, 1949)

'!'he Senate met, in executive session, at 12 o'clock meridian, on 'the expiration of the recess~

The Chaplain, Rev. Frederick Brown Harris, D. D., offered the following prayer:.

Eternal Father, Thou only art the fountain of our being,_ the light of all our seeing. Our puny · mortal strength . alone is unequal to the tests and tasks of these terrific times which are upon us. We dare not trust our own devices. ·and . councils. Give to those, we pray Thee, · who through the treacherous seas of this violent time· pilot the Nation's course, a revealing remembrance of the altars at which the founding fathers knelt~ the ideals to which they were committed, the human rights to which they gave -their fealty. For the radiant dream which we call America hear our vow as we too pledge our lives, fortunes, and _ sacred honor as security for freedom's greatest venture . . We ask it in the Redeemer's name. Amen.

THE JOURNAL

On request of Mr. LUCAS, and by unanimous consent, the reading of the Journal of the proceedings of Wednesday, July 6, 1949, was dispensed with.

MESSAGES FROM THE PRESIDENT

Messages in writing from the President of the United States were communicated to the Senate by Mr. Miller, one of his secretaries.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Chaffee-, one of its reading clerks, announced that the House had passed the following bills of the Senate, each with an amendment, in which it requested the · concurrence of the Senate:

S. 70. An act to make effective in the District Court for the Territory of Alaska rules promulgated by the Supreme Court of the United States governing pleading, practice, and procedure in the district courts of the United States; and

S.1042. An act relating to the payment of fees , expenses, and costs of jurors.

The message also announced that the House had agreed to the concurrent res-

olution <S. Con. Res. 23 ) favoring the suspension of deportation of certain aliens, with amendments, in which it requested the concurrence of the Senate.

The message further announced that the House had passed the following bills and joint resolution in which it requested the concurrence. of the Senate:

H. R. 242. An act to prov.ide for the conferring of the degree of bachelor of science -upon graduates of the United States Merchant Marine Academy;

H. R. 3BS. An act to permit the mining, development, and ut11ization of the mineral resources of all public lands withdrawn or reserved for power development, and for . other purposes;

H. R.. 459. An act to authorize the payment of employees of the Bureau of Animal Industry for overtime duty performed at establishments which prepare virus, serum, toxin, or analogous products for use in the treatment of domestic animals;

H. R. 588. An act for the relief of Col. David R. Wolverton, United States Army, retired;

H. R. 734. An act for the relief of Curtis R. Enos;

H. R. 1028. An act to legalize the admission· into the United States of Edmea Pacho;

H. R. 1038. An act for tbe relief of William Richard Geoffrey Malpas;

--H. R. 1105. An act for the relief of Hazel L. Giles;

.H. R.1132. An act for the relief of Mabel H. Slocum;

H. R: 1354. An ac_t to PfOV~d~ for a· Pl'lr capita payment from funds in the Treasury of the United States to the credit of the Indians of California;

H: R. 1447. An ·aet for the relief of -EthelRoth;

.. H. R. 1493. An act for the relief of Cecil L. Howell;

H. R. 1516. An act to amend the act ent ltied . "An act to reclassify the salaries of postmasters, otlicers, and employees of the postal service; to establish uniform procedures for computing compensation; and for other purposes," approved July 6, 1945, so as to provide annual automatic within-grade promotions for hourly employees of the custodial service;

H. R. 1679. An act for the relief of Mrs. Skio Takayama Hull;

H. R. 1726. An act to authorize the Secretary of the Interior to convey to the city of Hot Springs National Park, Ark., a perpetual easement for the construction and operation -of a watermain pipe line;

H. R. 1861. An act for the relief of Eliza· beth and Lawrence Wong;

H. R. 1864. An act for the relief of the legal guardian of Mitsuo Higa, a minor, and Hilo Sugar Co.; ·

H. R. 1979. An act for the relief of Soo Hoo Yet Tuck;

H. R. 2091. An act for the relief of Jack Mc Collum;

H. R. 2239. An act for the relief of the estate of W. M. West;

H. R. 2344. An act for the relief of Charles W. Miles;

H. R. 2475. An act to authorize . and direct the Secretary of the Interior to sell to Albert M. Lewis, Jr., certain land in the State of Florida;

H. R. 2517. An act directing the Secretary of the Interior to convey certain land to Palm Beach County, Fla.;

H. R . 2572. An act to extend to commissioned otlicers of the Coast and Geodetic Survey the provisions of the Armed Forces Leave Act of 1946;

H. R . 2602. An act for the relief of John B. Boyle;

H. R. 2608. An act for the relief of C. H. Dutton Co., of Kalamazoo, Mich.;

H. R. 2678. An act t o amend section 5 of the act approved J uly 10, 1890, as amended,

congressional record-senate 8885 - Govinfo.gov

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