CONGRESSIONAL RECORD-SENATE. - GovInfo

II

4692 CONGRESSIONAL RECORD-SENATE. AUGUST 5,

2"275. By Mr. Lll\TEBERGER: Petition of Mrs. Freeman A. l\IcKenzie, R. J. "Buffum, and 1,000 other citizens of Long Beach, Calif., protesting against the passage of Senate bill 1948; to tlre Committee on the District -of ()()lumbia.

'2276. By Mr. McARTHUR: Petition "Of residents of Vernonia, Oreg., against compulsory 'Sabbath observance; to the Committee on the District of Columbia.

2277. By 1\Ir. OSBORNE: Petition of 438 citizens of Glendale, Calif., and 64 citizens of Los Angeles, Calif., in oplJOsition to the compulsory Sunday 'Observance bill (H. R. 4388); to the Committee on the District -of Columbia.

2278. By Mr . . RAKER: Petition of the Union Publi-shing Co .. , of Grass Valley, Calif., protesting against" the repeal of the " zone "POStal law " ; to the Committee on the Post Office and Post Roads.

2279. Also, petition of l\1. Schussler & Co. (Inc.), of San Francisco, Calif., urging the passage of the Hawaiian immigration measure; to the Committee on Immigration .and Naturalization.

2280 • .Also, petition of the Western Confectioners' Association, San Francisco Zone, San· Fra.nclsce, Calif., ur.ging the repeal of tbe excise tax: <Jn candy; also petition <Jf "T. D. Bryan, \ice president San Joaq.uinAlmood Growers' Association, of Linden, Calif.: urging a tariff on almonds of 5 cents in shell and 15 cents per pound shelled; to the Committee on Ways and Means.

2281. By Mr. SMITH of .Michigan~ Petition signed by 41 citizens of Charlotte, Mich.., protesting against the passage -Of House bill 4388, providing for regulation of Sunday observance by civil force under p.enalty for the Distl'ict of Columbia; to the Committee on the District of Columbia.

2282. Also, petition of 41 citizens of Charlotte, Mich., and 146 other citizens ef Michigan, protesting against the passage of Honse biil 4388, providing .for regulation of Sunday observance in the District of Columbia; to the Committee ~n the District of Columbia.

2283. By 1\Ir. SWING : Petitian of citizens of Riverside, Calif., protesting against file Sunday observance bill (H. R. 4388) ; to the Committee on the District of Columbia.

2284. By Mr. T.A..YLOR of Colorado: Petition of citizens of Grand Junction, Colo., protesting against legislation to regulate Sunday observance by ctvn force in the District of Columbia; to the Committee on the District of Columbia.

2285. By Mr. THOMPSON: Petition of certain citizens ~f Liberty Center, Ohio, protestillg against tne passage . of tbe compulsory Sunday observance bill ( S. 1948) ; to the Committee on the District of Columbia.

2286. Also, petition of certain citizens of Liberty Center, Ohio, protesting against the J)assage of ~e compulsor~ S~day observance bill ( S. 1948) ; to the Oomnuttee on the D1str1ct of Columbia. .

2287. Also, petition of certain citizens or Liberty Center, Ohio protesting against the passage of the compuls01-y Sunday obse;vance bill (S. 1948); to the Committee on the District of Columbia.

2288. ]3y Mr. TILSON: Petition of Benjamll;l Franklin Council of the American Association for the Recognition of the Freedom of Ireland, of New Haven, Conn., opposing any settlement of the debts owed by Great Britain to this country or further postponement of interest payments until the recognition of the Irish Republic ; to the Committee on Foreign Affairs.

SENATE. FRIDAY, August 5, 19~1.

The Chaplain, Rev. J. J. Muir, D. D., offered the following prayer:

Our Father, in the multitude of Thy tender Illei'cies we gather here this morning, recognizing that goodness and grace have been vouchsafed unto us. We humbly beseech Thee for Thy guidaoce and Thy help in all matters of duty which may come before this body. Grant to each health -and strength for the performance of every duty to Thy glory. We a.sk in Jesus Christ's name. Amen. ·

N A.MING A 'PRESIDING OinCER.

The Secretary, George A. Sanderson, read the fo1lowing communication :

To the SE~AT~:

UNITED STATIIS SBNATJI, PRESJDJ:NT PRO Tt!I.MPOlUD,

Washington, .A'IfOus't 5, 11!1...

Being temporarily absent from the Senate, I .appoint Hon,. CHARLIIS Ct;RTIS a Senator from the State of Kansas, to perform the d1Itles of tbe Ch:lir this legislative day.

A"LBlmT B. CUUlflNS, Presidetu pro ttmt.pOre.

:Mr. CURTIS thereupon took the chair as Presiding Officer~

The reading clerk proceeded to read the Jolil'nal of the proceedings of the legislative day of Wednesday, July 27, '1921, when, on request of Mr. SMooT and by unanimous consent, the further rending was dispensed with and the Journal was appro\ed.

CALL OF THE ROLL.

1\fr. SMOOT. :Mr. President, I sugg-est the absenee of a quorum.

The PRESIDING OFFICER. The Secretary will call the ron. The reading clerk called the roll, and the following Senators

answe~·ed to their names: Ashurst Fernald. Ladd Borah Fletcher McCumber Brandegee Goo<rmg McKellar Broussa.rd Hartis McNary Bursum HetHn Nelson Cameron illtcilcock Nicholson Capper Jollnson Oddie Culberson Jon~ Wash. Overman Cnrtls Kellogg Pittman Dial Kenyon Pomerene !Edge Keyes Sheppard Ernst King Shortridge

Smith Smoot Spencer Stanley Sterling . Trammell Wadsworth Warren Watson, Ga. Williams W.illis

Mr. Sl\fOOT. I wish to announce the absence of the .Senator from Pennsylvania [Mr. PENitOSE] and the Senator from Indiana [Mr. WATSO~] on official business of the 'Senate, .attending hearings before the Committ-ee on Finance.

The PRESIDING OFFICER. Forty-seven Senators having answered to their names, there is · n-o-t a '(}Uorwn present. The Secretary will call the roll of absentees.

.The .reading clerk called the names of too absent Senators, and Mr. BALL, Mr. GLASs, Mr. KNox, Mr. McCo:nncx, Mr. NoRBECK, and Mr. STANFIELD answered to their names when ca.Iled.

:Mr. RANSDELL, Mr. TOWNSEND, Mr. SIMMONS, Mr. CA"RA WAY, Mr. SU'J.'HERLAND, Yr. LoDGE, lt:Ir. CALDER, Mr. LA F~m. Mr. LENB6<JT, Mr. M9LEAN, 1\Ir. DILI.rNGH.ut, Mr. MoSES, and Mr. SwANSON entered the Chamber and answered to thei:r nam~ ·

The PRESIDING OFFICER. Sixty-six Senators .having an-swered to their n-ames_, :a quorum is present.

.ENnOLLEO BlLLS AND JOINT BESOLUTIONS SIGNED.

The PRESIDING OFFICER, as Acting President pro temp.ore, announced his signature to the following enrolled bills and joint resolutions, which had previously been signed by the Speaker of the House of Representativ-es:

S. 488. A b-ill providing for an <exchange of lands between the Swan Land & Cattle Oo. and the United States ;

S. 530. A bill to quiet title to certliin tracts of land in .tile city of 'Valters, State of Oklah.oma;

S. 997. A bill conferring jurisdiction -upon the United. States District Court for the Eastern District .of South Carolina to .hear :and determ-ine the claim -of the 10wners of the Danish steamship F1yrulerborg against the United States, .and for other purposes;

S. 1434. A bill to previde for the relief of the Fidelity & Deposit Co. o.f Maryland, Baltim{)re, Md. _;

H. R. 6611. A bill to establish :a veterans' bureau and to impro-ve the facilities and service of such bureau, and further to amend and modify the war risk insUrance act;

K "J. Res. 5. A joint resolution anth<n·izing the President to invite foreign nations to take part in an exposition at Portlan-d, Oreg., in 1925 ; and

S. J. Res. 72. A joint resoluti-on for the relief of States in the cotton belt fhat have gi-ven ai-d to cotton farmers forced from the fields in established nonproduction zones through efforts to erarl.icate flte pink bollworm.

PETITIONS AND MEMORIALS.

The PRESIDING OFFICER (Mr. CuRTIS) -presented the petition of F. C. Fox and s:nndry other citizens of Topeka, Kans., praying for adequate protection in the proposed tariff act covering amurphnus graphite, which was I~eferred to the Com-mittee ·on Finance. ·

He also presented the petition of the Richards-Scheble Candy Co. and sundry other confectionery companies of Hutchinson, K~., pnying for the repeal of the excise tax <m candy, which was J.'feferred to the Committee on Finance.

He also presented the petition -o'f James N. Miller and sundrY, other members .of Eggleston Pos~ No; 244, of Wichita, Kans., -pr.a:ying fo-r the >enactment of legi. a.tion gran~g p~ons to widows of Ctvil War soldiers who were marned prevwu to 1.905 whicll was referred to the Committee on Pensions.

M~·. SHORTRIDGE. Mr. President, 1 send to the desk certain petitions signed by numerous citizens of California, praying for the-I>assage af the .tresolution introdnced by the Se~ato.r from Wisconsin [Mr. LA. FoLI.ETTE], ..and also the Iesoluti.on mtroonced by tb:e Senator from Nebraska. [Mr .. No1m1s], J?rftYing for the reco~ition of the independence of the republic of

1921. CONGRESSIONAL RECORD-SENATE. 4693 Ireland by the Government of the United States. I ask that

·they be noted in the RECORD and appropriately referred. The PRESIDING OFFICER. The petitions will be noted in

the REcoRD and referred to the Committee on Foreign Relations.

The petitions praying for the recognition of the republic of Ireland were from the following-named citizens, all of the State of California :

W. J. O'Brien, W. A. Brown, Leo C. Hammett, J. L. Hammett, Clayton J. Hughes, J. A. Peabody, E. J. Gobin, J. T. Gilligan, J o eph EJ. Duck art, Charles J. Foret, E. H. Henning, C. J. Ring, E. A. Bissonette, J. C. Day, Henry Orrense, R. H. 'Vilson, James F. Ring, Dennis Armstrong, Ted McMahon, John Feltes, Joseph R. Scarini, William J. Silva, Clarence H. Felte, L. R. Barnett, ,V. A. M_cDermott, F. W. Leibrenz, Charles J. Outman, M. D. Bacciarnini, F. W. Hansing, E. H. Decker, W. T. McCormack, J. J. Ring, W. B. Kelly, J. E. McCormick, W. E. Lettes, R. G. Drouillard, Carl E. Kahn, and Harry J. Kelly.

Mr. WARREN presented a resolution adopted by unanimous vote of the second annual convention of the National Park-toPark Highway Association held in Salt Lake City, Utah, June 16 and 17, 1921, favoring amendment of the present Federal aid road act in such manner that the Federal Government may recognize its obligations to the Western States and require of them a les er percentage of cooperation than now required in order to secure Federal aid road funds, and so forth, which was referred to the Committee on Post Offices and Post Roads.

Mr. WATSON of Georgia. Mr. President, I present resolutions from members of Washington Camp, No. 342, Patriotic Order Sons of America, of Philadelphia, Pa., which I ask may be printed in the RECORD and referred to the Committee on the Judiciary.

There being no objection, the resolutions were referred to the Committee on the Judiciary and ordered to be printed in the RECORD, as follows :

W.ASHI"'GTO~ CAMP, No. 342, P. 0. S. OF A., Philadelphi-a, Pa., July 15, 1921.

Whereas the frequent display o:t' foreign flags independent of and over the Stars and Stripes- on buildings~utomobiles, etc., has been brought to the attention of members of washington Camp, No. 342, P. 0. S. A. : Therefore be it Resolved, That inasmuch as the above action indicates clearly that

those responsible for such display are hyphenated citizens whose loyalty to America is · secondary to the nation or authority whose emblem they Pl.ace above the Stars and Stripes, we demand that all those guilty of this un-American act be deprived of their citizenship whether natul'alized or American born; and be it further

Resolved, That copies of this resolution be forwarded to Attorney General Daugherty with a request tliat he take the necessary steps to enforce the above action ; and if without legal authority so to do, that be request Congress to_ grant such authority in order that the ideals of and loyalty to this Nation may be upheld as provided in our Constitution ; and be it further

Resolved, That a copy of this resolution be sent to Hon. J. Hampton Moore, Mayor of Philadelphia, with a request from the 1,700 members of Camp No. 342, P. 0. S. A., that he issue orders to cause the arrest of any person or persons displaying any symbol or flag above the Stars and Stripes 1;1nder any condition whatsoever; and be It further

Resolved, That copies of this resolution be forwarded to the chairmen of the Judiciary, Immigration, and Foreign Relations Committees of the House and Senate; to President Harding; to the public press, and through them request all 100 per cent American organizations to give this matter their full support; and be it further

Resoh·ed, That the names of the newspapers publishing this resolution and the communications from those mentioned above be read at our next camp meeting.

ROYAL C. STEPHEXS. ALBERT H. p .ALMER. FRAXK G. DONICHY. CHARLES R. ALLEN. C. W. T. ROBINSON.

J .AMES G. CUBBLER. OLIYER A. McMuLLE~. WM. S. FOLEY. N. E. ROGERS.

Mr. RANSDELL. Mr. President, I present a resolution adopted by the annual session of the Louisiana State Farmers' Union, held at Baton Rouge, La., July 26. It is brief, and I ask that -it may be printed in the RECORD and referred to the · Committee on Agriculture and Forestry.

There being no objection, the resolution was referred to the Committee on Agriculture and Forestry and ordered to be printed in the REcORD, as follows:

Resolution 1. We, the Louisiana State Farmers' Union, in annual session at Baton

Rouge, La., July 26, declare : First. That we request the Louisiana delegation in Congress to urge

the United States Congress to cease all attempts at experimental legislation and concentrate upon efforts to open up markets of the world for all farm products, such as cotton, grains, packing-house products. wool, tobacco, and other farm products.

Second. It is unrestricted and unlimited markets for cotton, packing-house products, grain. and wool which is needed to relieve the present depression in agriculture, finances, and transportation of our Nation. and we oppose all legislation which will have the effect of restrlcting in any manner the free and unlimited marketing of cotton grain, and live-stock products. '

Third. we· are gratified to note from the papers that Senator RAXS· DELL as a member of the Senate Committee on Agriculture, opposed the l>ial bill. In 1914 the cotton exchanges were closed, with the result that farmers were unable to ascertain the correct prices of cotton, and, owing to the closing of cotton exchanges, the spinners and large cotton, SJ??t, dealers were enabled to depress the pr1ce of cotton, and they did Without mercy, and the result was that the cotton producers of America were compelled to accept ruinous prices for cotton · and we oppose any legislation which will have the effect of closing the cotton exchanges and grain exchanges of the Nation, or any legislation which will impair or interfere with the free marketing of cotton and grain by future contract sales or otherwise.

Fourth. We ask the Louisiana delegation in Congress to oppose any legislation being enacted which will interfere with or prevent the free and unlimited marketing at home and abroad of packing-house products of all kinds and to do everything possible· to encourage and aid the sale o:t' packinj5'-house products and all live-stock products on the part of the Amencan producers and manufacturers.

Fifth. We request that a copy of this resolution be forwarded at once to the United States Senators, JosEPH E. RANSDELL and EDWIN Baouss.ARD, with request that they furnish a copy to each Member of the Louisiana delegation for us, and we wish to express our thanks to the Louisiana delegation for aiding us on the above lines.

Sixth. We request that a copy of this resolution be furnished to the State officials for the farmers' unions of all other States, with the request that they urge upon their delegation in Congress to work fol' the world's markets, as it is markets and not credits and not corporations for the purchase of farm products which will relieve the situation, and that they also urge their delegation in Congress to oppose all legislation which restricts marketing of above products and to do all possible to open up the free and unlimited markets for grain, cotton, and live-stock products.

(Signed)

Adopted: · M. CARRO~.

H. ARTHUR MORGAN, Chainnan. w. B. GENTRY. J.AMES HALL,

Mr. 1\TJCHOLSON presented three memorials of sundry citizens of Grand Junction, Jaroso, and Palisades, all in the State of Colorado, remonstrating against the enactment of legislation making stringent regulations for the observance of Sunday in the District of Columbia, which were referred . to the Committee on the District of Columbia.

He also presented a petition' signed by sundry members of the Colorado Confectioners' Association, of Denver, Colo., praying for the enactment of legislation repealing the present excise tax on candy, which was referred to the Committee on Finance.

He also presented telegrams in the nature of memorials of the Denver Dry Goods Co., and the Retail Merchants' Bureau, both of Denver, Colo., remonstrating against the inclusion of the American valuation plan in House bill 7456, the tariff bill, which were referred to the Committee on Finance.

He also presented a telegram in the nature of a petition from C. J. Thurber Co., of Denver, Colo., praying for the enactment of legislation imposing a tariff· of 5 cents on almonds in the shell and 15 cents on shelled almonds, which was referred to the Committee on Finance.

He also presented letters and telegrams in the nature of memorials of J. G. Simonton, the Colorado Manufacturing & Elevator Co., Otis & Co., R. T. Sterner, and G. F. White, all of Denver, Colo., remonstrating against the enactment of House bill 5676, relative to contracts for the future delivery of grain, etc., particularly of paragraph G of said bill, which were ordered to lie on the table.

He also presented a resolution adopted by the Pitkin County board of commissioners, of Aspen, Colo., protesting against the enactment of Senate bill 1355, the interstate highway roads bill, unless it be so amended as to appropriate funds for road and trail construction in the national forests, etc., which was referred to the Committee on Post Offices and Post Roads.

BOY SCOUTS OF AMERICA.

Mr. KENYON. ~.Ir. President, under the articles of incorporation of the Boy Scouts of America it is required that a report shall be filed with Congress every year. Such a report was filed and referred to the Committee on Education and Labor. Generally the report is printed, and it should have been referred, I think, to the Committee on Printing. I ask that the Committee on Education and Labor be discharged from the further consideration of the report, and that it be referred to the Committee on Printing.

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

BILLS AND JOINT RESOLUTIONS INTRODUCED.

Bills and joint resolutions were introduced, read th~ first time, and, by unanimo-qs consent, the second time, and referred as follows:

By Mr. HITCHCOCK: A bill ( S. 2359) providing for an international aero con

gress cancellation stamp to be used by the Omal1a post office; to the· Committe~ on Po t Offices and Post Roads.

OONGRESSIONAL RECORD-SENAT:& AUGUST 5,

By Mr. BALL: ~bill (S. 2360). authorizing the extension of the park system

of the Distx"ict of Columbia; to the Committee on the District of C6lumbia.

By Mr. 1\IeNARY: A bill (S. 2361) fo:r the relief of Clarence Chambers ; to- the

Committee on Claims. • By Mr. CURTIS: A bill (S. 2362) granting a pension to N. Angie Vermillion

(with an accompanying paper) ; to th~ Committee on Pen· sions.

By. Mr. WADS:WO.RTH: A bill ( S. 2363) to abolish the limitation on military oorvi<!e

without the contine:nta: limits- of the United States,. imposed by the act or Congress· approved M:arch 4, 1915 ~ to the Com~ mittee on.lllilitaTy Affairs . .

By Mr. BURSUM·: A bill (S. 2364) gl.'anting a pension to Harriet Ad..JUs; to

the Committee on Pensions. By Mr. SHEPPARD: A bill (S. 2365) to authorize the Director of the (]Jensus to

c<lnduct sm:veys of municipal activities; to the Committee on Education and Labor ..

By Mr. NICHOLSON: A bill ('S. 2366) for the relief of Glen D. Manning; to the

Committee on Claims. By Mr .. SMOOT: A bill (S. 2367) granting a pension to Sarah H. E. Ryan

(with an accompanying paper) ; to the Committee on Pen· sions. •

By lli. UcKELLAR: A bill ( S. 2368) authorizing the President of the U.nited

States to appoint Sergt. Alvin C. York as a ca-ptain in the United States Army and then place b.iiiL on the retired list; to the Committee on Military A.:.ff.a..i.rs.

A bill (S. 2369) grunting an increase of pension to Joseph T. Spence (with. accompanying papers); to tbe Committee on Pensions.

By lli. GOODING: A bill ( S. 2370) to erlend the provisions of the emergency

tariff act for two months; to tlie Committee on Finance. By 1\Ir. SHEPPARD : A joint resolution ( S. J. R-es~ 94) .vroposing an amendment to

the Constitution of the United States; to the Committee on. the Judiciary.

A joint resolution (S. J~ Res. 95) authorizing a survey and examination of the Rio Gnunde- border of the United States to determine the advisability of constructing, a higk.way for military or other Government purpo es eitller along the entire border or certain sections thereof; to the Committee on Military Affairs.

.ANNIVERS.:\.BY OF D.ANTJ£' 8.· DEATK.

l\1r. SHORTIDDG.ID. M:r. President, I intrO'duce a joint res<>h1tion and ask to have it- rend. at the· d-esk.

The joint resolution (S. J . . Res. 93) amhorizing the !?resident to communicate. with the· Government of Italy on 'the:- six hundredth. anniversary of the death. of the. poet Dante, and anpointing September 14, 1921J a national [email protected] t<> be knew:n as Dante's Day, was read the first time by title, and the second time at length, as fullows : Whereas September 14, 1921, will mmk the sixth centennial of the

death of. the great Italian poet Dante; and Whereas his sublime genius- is duly appreciated by all civilized peoples

and has benefited mankind in general : Now, thereuu:e, be it ResolveJl, ett: That the Pr.esident of the United States oe authorized

and directed to send a communication to His Majesty, the King of Italy, and his Gov-ernment and people, expressing tbe great esteem, ·re.,aard, and venemtion in which the. Government and the people~ of the U.nited Stat~ hold this illustrious son of Italy an the six hnndredth anni•ersa.ry of his death: And be it further

Resoh;ed,{ That the President shall proclaim the 14th day of 'September, l!J~l. a natio.nal holiday to be known as Dante's Day.

The PRESIDING OFFICER. The joint resolution will be referred to · the Committee on the Library.

r.EDUCTIO~ OF THE ARMY.

Mr. BORAH. I introduce a joint resolution which I ask may be read and lie on the table. Later in the clay I shall make some observations upon it.

The joint resolution ( 8-. J. Res. 96). to reduce the Army to 100,000 enlisted men, excluding the Philippine Scouts, was read the first time by its title and the seconcl time at length, as follows:

Resolved, etc., That the Secretary o! War is dh:ected, under such reasonable regulations- as he may prescribe, to grant applications for discharge of enlisted men serving in the continental United States,

without regard to the provisions of existing law respecting diS<:hatge!', until the number of the .Army has been reduced to 100,000 enlisted men, not including the Philippine ScO'Uts.

. The PRESIDING OFFICER. The .joint resolution will lie' on the table and be f)rinted.

AMENDMENTS TO T..A..RIFF BILL.

Mr. SHORTRIDGE submitted sundry amendments intended to be proposed by him to House bill 7456, the tariff bill, which were referFed: to the Committee on Finance and ordered to be printed.

AMENDMENT OF NATIONAL PROHIB'ITIO:N ACT. .

1\Ir. WADSWORTH submitted an amendment intended to be proposed by him to the bill (H. R. 7294:) supplemental to the national prohibition act; which was ordered. to lie on the table, to be printed, and to be printed in the REcoJID, as follows:

On page 3, lin.e 18, after the word u act," strike out the period and add the following: " the commissioner may authorize the return to the United States, under such regulations and conditions as he may pre

t scribe, any distilled spirits of Ame:rican production exported free of tax and reimport~d. in original paakages in which expru:ted and co.nsigne.d tor redeposit in the distillery bonded· -warehouse from which originu.lly

: remov-ed." GABDEN CITY AND GA.IDJE-."V Slmt::RB MOVE~ENT.

Mr. SHEPPARD· submitted the following resoh~tion ( S. Res. ·122), which was 1Teferred to the Committee on Agriculture and Forestry: Whereas the garden city and garden suburb movement in Europe has

made wonderful progress during the first 10 years o:f its existence ; , and Whereas' the. object of this movement is to secure pet·manent and com

fortable homes for the people, on terms within tbe reach of the a-verage income·, and to combine the advantages CJf town and country in the· same community; and

Whereas this movement is contributing materially to the health, camfort, and prosperity o! the. people who have experienced its benefits; and

Whereas the movement, in the estimation of many-, points the way to the long-sought goal of a contented, home-owning population ; and

Whereas a beginning along this line is claimed to have been made in the United States : 'Therefor.e be it Resolvell, That the Senate Committee on Agriculture and Forestry

b·e authorized· and requested to hem' and consider sunh testimony a.s lDJJY be pvoduced before said committee in Washington regarding this movement in Europe, in the United States1 and' elsewhere, to initiate such further investigation as tbe committee may deem proper, and to r.e.})ort its findings to the Senate.

BUllEA U OF :M:AN'C'F .A.CTURE.

Ur. SHEPPARD submitted the following re olution (S. Re:s. 123), which was referred to the Commi-ttee on Mrurufactures : ' Whereas the fu£ther development of. manu:f.:'lCturing, processes is one

of the· mGSi: important amd po~ful means of incnensing the Natio~s efficiency, wealth, and prosper.it:v.; ; and

. Whereas depru:tJments of the Government are now devoted to agri«ultUl"e, commerce, and labor, but so far no depo.rtment or bureau bas been established for manufacture, the other fundamental source of national pro~s.s ; and

Whereas- there lS a '\\ide field for the making. of useful articles· by- han:d and without machinery, a field which slrould have especial! study; and

Whereas the distribution of knowledge amo.n:g the people as to the pra~· ticability o.f conducting manufacturing processes, both '\\ith and without machinery, on the cooperative plan and otherwi£e, will ouen up new cha:nneJB of popular- occupation and achievement; wd

Whereas· the adap.tation of modern machinery to ~mail factories Ln. Dlll'al disuicts, villages, small. tow,ns, "and• in. the home: itself will open up an. avenue- of economic independence of incomparable value to the people ; and

Whereas the farm is of itself a factoiY,, and its. higher profits and pos· ibilities will be unrealized until 1ts p.r:ocesses are carried to the

finished state within its O'\\n limits or as near thereto as practicable ; and

Whereas one of the principal needs of the. United States is the conversion o.t its raw materials into finished products within its own boundaries, it being a source of national shame that we ship such enormous quantities of our basic raw ma.te:r.ials abroad to be made by foreign countries into finished products and resold by them to us and others at a great profit; and

Whereas the conversion ot raw materials into finished prodnc.ts sbould be effected· as nea-r the place of production as may be consistent with a,ccess to marke-ts fur finished prodncts: Now, therefore, be it Resowed, That the Committee an Manufactures is hereby authorized

and directed to investigate the practicability of establishing a bureau of manufacture at the seat of government for the pur.pose of studying manufacture· in all its forms and diffusing information relating thereto among the people of the Uniteu States.

The said committee is hereby authorized and directed to report to Congress the result of its investigation during the present Congress, and, if the committee :finds such a bm:eau desirable, to submit a plan and bill to Congress. therefor.

THOMAS H. MATTERS.

Mr. HITCH CO 'K. submitted the following resolution ( S. Res. 124), which was referred to the Committ e on the Judi· ciat'Y:

Resolved., ~hat the Attorn~ Genew be, and he is hereby, directe<J, if not inc.ompatible with the public interest, to transmit to the Senate the petitions, letters, and other: papers. which were considered by the President in granting a tnu:don to Tlromas H. M.a.tter.s, who had been convicted and sentenced to imprisonment 1n the Lea-venworth Penitentiary for biB part in wrecking the First National Bank ai ~ottcm, Nebr.

• 1921. CONGRESSIONAL RECOR.D-SENATE. 4695.

ti~\ITED TATE ~OPERTY AT BRIDGEPORT, CONN.

l\lr. BRANDEGEE submitted the following I'esolntion (S. Res. 125), which was read, considered by unanimous consent, and agreed to :

.Resolud, That the Secreta-ry of Labor be, and he is hereby, directed to inform the Senate .what rea on •exists for ihe •nonpayment of taxes by the United States Housing Cor;porntion upon Pl'Operty of the United States at l3ridgeport, Conn.

Ul\X::MPLOYME~~ IN THE UNITED STATES.

1\lr. McCORMICK. I ask unanimous consent to offer the re olution which I send to the desk, and for which I ask immediate consideration.

·The resolution ( S. Res. 126) was read, as follows : Re olved, ";rhat the Secretary of L-abor be, and he hereby is, directed

immediately to advise the Senate as to the estimated un.e.m,plo_yment in the several States, including the number of men, of ex-service ·men, and of women .restimated to ·be unemploy~d.

:i\Ir . .McCORMICK. 1 ask unanimous consent for the immediate consideration of the resolution.

The resolution was considered by unanimous consent and agreed to.

.Mr. 1\icCORl\ITCK. I will state that the resolution is offered at this .time because of Tep.orts that during the month of July there was a further increase in unemployment.

MOVLTG-PIC'l'UEE "IND1JSTRY IN FO]l:EIG~ COUNTRIES.

.MT. WADSWORTH. I ask unanimous consent for the present consi.der.ation of the resolution which I submitted yesterday evening. I wish to say that the objection which was then made to its consideration by the Senator ..from 1\!issis.si.P_pi . [Mr. WILLIAlors] ~ been withdrawn, tbat Senator having . since examined the .resolution.

:I'he Senate, by unaniiDDUS _consent, proceeded to consider the resolution (S. Res. 121) submitted by Mr. WADSWORTH on the 4th instant, and the resolution was agreed to, as follows:

Resolved, That the Secretary of Commerce ,be, an.d is hereby, requested to report to the Senate, if no-t incompatible wlth the public interest, the develQpment of the mo-ving-picture industry in foreign . countries and the .extent of the impo-Ttation of films of foreign ma.nu

THE CALENDAR.

Mr. W .ADSWORTH. M.r. Pre ident, I uhderstancl .morning business is ·closed? ~he PRESIDING OFFICER. The Ohair is about to announce

that fact. Morning business is closed. The Senator from New York.

Mr. W .ADS WORTH. I .move that the Senate proceed to J:he consideration of the calendar, commencing at that point on the calendar at which we left off when it was last mder eonsidera·

,tion. Mr. SMOOT. When the calendar was last under considera·

tion the Senate reached Order of Business 151. The PRESIDING O.FFJOER. Does the Senator from New

Y-ork yield to -the Senator from Utah? Mr. WADSWORTH. I yield. Mr. SMOOT. I should lih.-e the Senator from New York to

include .in his motion or request for unanimous consent-! think what he desires will ]lave to be done by unanimous con· sent-that the Senate take up the calendar for the consideration only of bills to which there is no objection. Otherwise the time w.ill be consumed perhaps on one or two bills.

Mr. W .ADSWORTH. I intended to 'include in .my request that the calendar be called for bills to wbich there js no objection •

The PRESIDING OFFICER. Is there obj1x~tion to the .re· quest of the ·senator from New York?

Mr. McKELLAR. With what order of business on the calendar does the Senator from New York desire to start?

JUr. WADSWORTH. With 01·der pf BJISiness 151 . Mr. KING. A parliamentary inquiry, Nr. President. The P.RESIDING OFFJCER. The Senator from -utah will

state it. l\1r. KING. Should the motion of the Senator from New

York [Mr. WADS WORTH] be agreed to, wou1d it be proper if objection is .made to the c_onsideration of a bill for a Senator to move to take up the bill to which objection is made?

The PRESIDING OFFICER. The Chair thinks not. 1\Ir. KING. Then I have no objection to the motion. Mr . .BRANDEGEE. ~Mr. President, why can we not proceed

with the calendar under Rule \'III? Mr. SMOOT. J will say .to the Senator ft'om Connecticut

faeture. DEVELOPMENT OF P(.),RT .oF NEW YORK. tb;at when we begin to consider the .calendar under Rule YIII the whole time is spent in _going over bills to which th.ere is

Mr. EDGE. Mr. President, the Senate a few weeks ago objection. I therefore thought it was nothing more than l'ight passed a joint resolution giving ·formal authority to the States to begin with the .calendar at Order of Business 1.51 in order of New York and New Jersey to carry out a compact or under- to give the bills. following that number an opportunity to be standing into whieh they had entered for the development of consid.ered. 'the port of New York. The joint Tesolution was a purely formal .J\fr. ~BRANDEGEE. Mr. P..re ident, the trouble ..about that js matter, giving Federal authority to carry on this work, and it tl1at there u,re. certain bills on the calendar which _are meritori· in no way involved the Government from the standpoint of ap- ous and wmch a great majority of the Senate favor, but under propriations or otherwise. a unanimous-consent agreement to consider only measures to

It appears that there was an error in the joint resolution .as whicli there is no objection, a single Senator js day after day .pus ed. The joint commission of the two States has prepared able to defeat the considera.tion of important measures. I another joint resolution; which I introduced a few days ago think the regular rule of the Senate should be observed, that and which .is now en the calendar, having been r@Olied :f:rom the calendar should be taken UP, if the Senate wants .to take it the Committee on the .Judiciary with a slight amendment of one up, and bills on the calendar considered. I do not see why word to .con·ect a typographical error. 1 should Ilke to :secure one Senator should be allowed continuously to defeat merillllil.nimous consent of the Senate to consider the joint .resolu- torious measures, and I shouUI feel compelled, I think to tion in its mended shape as now repo:rted. object to such an arrangement. '

The PRESIDING OFFICER. Is there objection to the pres- The PRESIDING OFFICER. The calendar under Rule VIII ent consideration-of the joint Tesolution? is in order. ·

-There being no objection, the Senate, as in Committee of the 1\!r. SMOOT. 1\Ir. President, I will ask the Senator from ~Whole, proceeded to consider the joint resolution (S. J. Res. Connecticut if be will.Jlot to-:.day allow us to proceed ·with the 88) granting consent of Congress ·to an ·agreement or compact consideration of the calendar under the unanimous -consent entered inro betw£en the State of New York 1llld .the State of asked for by the Senator :from New York, beginning "ith New Jersey ·for the creJttion .of the _port of New Yotk .district Oalendar .No. 151. and tbe -establishment of the port of .New York authority for -Mr. WA~SON of Georgia. .Mr. President, :will the Senator the comprehensive development of the port of New Ym·k, -which fi:om Utah _speak a little louder. This is a matter of unanihad been reported from the Committee on the Judiciary withJin mous consent, and we all want to .hear what he says. amendment in section 1, -page 14, line..::2, atter the word ·" -right," The PRESIDING OFFICER. The ·senate will be in order. to strike out "of" and to insert "or," so as to make the joint Mr. SMOOT. I ask the Senator from Connecticut, ru:r. resolution -:read: President, if he will not allow the unanimous consent a ked

Resolved, etc., That the consent of Congress is hereby given to the for by the Senator from .New .York to be agreed to to-da,y, so said agreement, and to each and every pa:rt and ..article thereof· y,·o- that at least we may run through ihe calenaar and con-sider ·rided, .That .nothing therein contained ·shall be construed .as impiuring ·the bills to which -there is no objection, b~ginning with Calendar or in any manner a:ffectin~ any right or juTisdictlon ·of the 'United · N 151? States in and over the region which for.ms the subject of said agree- 0· • ment. Next Monday l shall have no .objection at all, and I do not

SEc . .2. That the right to alter, .nmend, or repeal this re olutian is think .any Senator will, to begin with the first bill an the cal-hereby expressly reserved. .enda:r _and take up the .bills ~as th~y are I'euche.d, .as ,suggested

The amendment was agreed to. .by the Senator from Connecticut. We have _run over tbe bills r.rhe j~int resolution w.as .:repm·t€d to the Senate as amended, up to Calendar No . .150 or 160 about three times now and

and the amendment w.as ·concurred in. .spent .the -whole time •_on them, and the bills beyond Order of The joint resolution was ox:.dered to be engrossed for a third Business No . .151 have not been considered, and ~mo_st of them

Teading, Tead the tl1ird time, and passed.. have never been reached. I wish to ask the Senator if .he will The preamble •was· agreed to. not agree to that to-day?

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4696 CONGRESSIONAL RECORD-SEN .A.TE. AUGUST 5

1\ir. BRANDEGEE. I will not object to-day, although I do not approve thorougbly of that course, if we can commence with Calendar No. 151 and proceed, so that the Senate may by vote take up a measure in spite of a single objection under the terms of Rule VIII.

The PRESIDING OFFICER. Does the Senator from Connecticut submit a request to that effect?

Mr. BRA.l'U)EGEE. I say I have no objection to an unanimous-consent agreement to that effect.

The PRESIDING OFFICER. Is there objection? Mr. \VATS ON of Georgia. I object; and I call for the regu

lar order. The PRESIDING OFFICER. The calendar, under Rule

VIII, is in order. The Secretary will state the first bill on the calendar.

BILLS PASSED OVER.

The bill (S. 656) to create a bureau of aeronautics in the Department of the Navy was announced ::s first in order.

Mr. SMOOT. Mr. President, I object to the consideration of that bilL .

The PRESIDING OFFICER (Mr. \VILLis in the chair). Objection being made, the bill will be passed over.

The bill ( S. 1021) to provide for the exchange of Government lands for privately owned lands in the Territory of Hawaii was announced as next in order.

The PRESIDING OFFICER. The bill bas heretofore been read, considered, and amended. The bill is still before the Senate as in Committee of the Whole, and open to further amendment. ·

Mr. 1\lcCORl\liCK. l\Ir. President, in the absence of the Senator from Indiana [Mr. NEw], I wonder if any other member of the Committee on Territories and Insular Affairs may have anything to say 'on-that hill?

l\Ir. h..r-rNG. If the Senator will pardon me, I believe that there is no objection to the measure.

1\fr. OVERMA.lY There is objection. Mr. WADSWORTH. t ask that the bill go over at the sug

gestion of the Secretary of War, in order that we may have more information from Hawaii direct.

The PRESIDING OFFICER. The bill will be pas eu over. The bill (S. 384) to require judges appointeu under authority

of the United States to devote their entire time to the duties of a judge was announced as next in order.

Mr. KELLOGG. I ask that that bill be pa eli over. The PRESIDING O:E'FICER. The bill will be passed over. The bill (S. 214) to amend section 24 of the act entitled "An

act to codify, revi e, and amend the laws relating to the judiciary," approved _March 3, 1911, was announced as next in order. .

l\Ir. KING. I ·ask that that bill go over. The PRESIDING OFFICER. The bill will .be passed over. The bill (S. 724) for the relief of Henry J. Davis was an-

nounced as next in order. l\Ir. KING. I ask that that bill go over. The PRESIDING OFFICER. The bill will be passe<l over. The bill ( S. 725) for the relief of Orion Mathews was an-

nounced as next in order. l\Ir. KING. I ask that that bill go over. The PRESIDING OFFICER. The bill will be pa sed over. The bill ( S. 581) to repeal the act prohibiting increased pay

under lump-sum appropriations to employees transferred within one year was announced as next in order.

Mr. KING. I ask that that bill go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 582) to repeal section 5 of the act approved June

22 1906, entitled "An act making appropriations for _the legisIahve executive, and judicial expenses of the Government for the &cal year ending June 30, 1907, and for other purposes," was announced as next in order.

Mr. KING. Reserving the right to object, I should like to inquire-

:\Ir. OVERMAN. I ask that the bill go over. The PRESIDING OFFICER. Objection is heard, and the

bill will be pas ed over.

THE MEAT-PACKING INDUSTRY.

The bill (S. 639)· to create a Federal live stock commi sion, to define its powers anu duties, and to stimulate the production, sale, and distribution of live stock and live-stock prQducts, and for other purposes, was announced as next ~n order.

l\Ir. KENYON. Mr. President, that bill should be stricken from the calendar. There is no use keeping it on the calendar indefinitely; it should be indefinitely postponed.

l\Ir. KING. Let the Senatar move that the bill be indefinitely postponed; I shall ha1e no objection to that.

' l\Ir. KENYOX I move that Senate bill 659 be indefinitely

postponed. The motion was agreed to.

BILLS PAS SED OVER.

The bill (S. 1439) to amend an act entitled "An act to provide for vocational rehabilitation· and return to civil employment of disabled persons discharged from the military or naval forces of the United States, and for other purposes," approved June 27, 1918, as amended by the act of July 11, 1919, was announced as next in order.

l\Ir. KENYON. I ask that the bill go over. The PRESIDING OFFICER. "The bill will be passed over. The bill (S. 1467) to carry into effect the findings of the

Court of Claims in favor of Elizabeth White, administratrix of the estate of Samuel N. White, deceased, was announced as next in order.

Mr. KING and 1\lr. SMOOT asked that the bill go over. The PRESIDIN"G OFFICER. The bill will be passed over. The bill ( S. 1807) to aid in stabilizing the coal industry

was announced as next in order. Mr. WADSWORTH. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 425) .fixing the salaries of certain United States

attorneys and United States marshals was announced as next in order.

Mr. KING and :\lr. Sl\IOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 205) relating to the fiscal system of the District

of Columbia, and for other purposes, was announced as next in order.

:\1r. KING. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 1016) to amenc an act entitled "An act to repeal

section 3480 of the Re1ised Statutes of the United States" was announced as next in order.

Mr. KING. Let the bill be read, Mr. President. The reading clerk read the bill. Mr. S~IOOT. Let that bill go over. r_(:he PRESIDING OFFICER. The bill will be pas ed oYer. The bill ( S. 1375) to prohibit and punish certain seditious

acts again t the Government of the United States and to prohibit the use of the mails for the purpose of promoting such act was announced as next in order.

Mr. BORAH. Let that go over. The PRESIDL~G Oli'FICER The bill will be pa ed over. The joint resolution (S. J. Res. 12) authorizing the President

to require the United States Sugar Equalization Board (Inc.) to take over and di pose of 13,902 tons of sugar imported from the Argentine Republic was announced as next in order.

.Mr. \V .A.TSON of Georgia. Let that go over. The PRESIDL.~G OFFICER. The bill will be pa sed oYer.

PROPOSED DIVISION OF CONSTRliCfiON AND HOUSING.

The bill (S. 1890) authorizing the Secretary of Commerce to establish in the National Bureau of Standards a division to be known as the division of construction and housing was announced as next in order.

Mr. CALDER. I ask that that bill may go ove under Rule IX.

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

BILLS, ETC., PASSED OVEn.

The re olution (S. Res. 67) authorizing the Committee on Expenditures in the Executive Departments to hold hearings here or el ewhere and to employ a stenographer to report the arne was announced as next in order. ·

l\1r. SMOOT. Let that go over . . The PRESIDING OFFICER. The resolution will be passed

over. . The bill ( S. 1855) to ave daylight in the District of Co

lumbia was -announced as next in order. l\Ir. WADS WORTH. Let that go over. The PRESIDL.'IG OFFICER. The bill will be passed oYer.

AMENDMENT OF PATENT LAWS.

The bill (S. 1838) to amend section 4887 of the Re·,· i ed Statutes relating to patents was announced as next in ord~r.

l\Ir. BR.A.l'U)EGEE. l\lr. President, at the request of the chairman of the Committee on Patent , I moYe that ,that bill be recommitted to the Committee .on Patents.

1\fr. McKELLAR. l\lr. President--:\lr SHEPP .ARD. Ur. President, the author of the bill is

not here. It would seem, in fairnes , that he should be here: w'hen that is done.

1921. COr GRESSIONAL RECORD- SENATE. 4697 ~Ir. BR~'DEGEE. I consult-ed with the Senator from Ken

tucky [1\Ir. STANLEY] yesterday, and told him that certain amendments were pr-oposed, and that it was nece-ssacy to have· some further hearings upon the bill, and · he had no objection, aJ:~ I understood him. -::1le Commissioner of Patents has written a letter criticizing some of the provisions of the bill.

The PRESIDING OFFICER. The Senator from Connecticut mo\'"es that Senate bill 1838 be recommitted to the Committee on Patents.

The motion was agreed to. BILLS, ETC., PASSED OVER.

The bill ( S. 63) for the relief of Lester A. Rockwell was announced as next in order.

Mr. KING. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 491) to provide without expenditure of Fed-

eral funds the opportunities of the people to acquire rural home·, and for other purposes, was announced as next in order.

1\lr. KING. Let that go aver. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 136) for the relief of Dr. 0. H. Tittmairn, former

Superintendent of the United States Coast and Geodetic Surrey, was announced as next in order.

The PRESIDING OFFICER (Mr. WILLis). Let that bill go over.

The bill ( S. 665) to provide for free tolls for American ships through the Panama Canal was announced as next in order. ·

1\lr. KING. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 2051) to amend section 3i42 of the Revised

Statutes, to permit an increase in the number of collection districts for the collection of internal revenue and in the number of collectors of internal revenue from 64 to 74, was announced as next in order.

lli. CURTIS. Let that go over. There will be some dis-cussion on it.

The PRESIDING OFFICER. The bill will be passed over. The bill ( S. 1010) to amend sections 5549 and 5550 of the

Revised Statutes of the United States was announced as next in order.

Mr. W .ATSON of Georgia. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. · 62) for the relief of Charles K. Bond, alias

Kimball W. Rollins, was announced as next in order. 1\Ir. KING. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The resolution ( S. Res. 73) amending Rules XXXVII and

XXXVIII of the Standing Rules of the Senate, so as to provide for the consideration of nominations and treaties in open executi \e session unless otherwise ordered, was announced as next in order.

The PRESIDING OFFICER. This resolution is reported adversely.

SEYERA.L SENATORS. Let it go ove~. The PRESIDING OFFICER. The resolution will be passed

over. The bill (S. 1355) to provide for the establishment, construc

tion, and maintenance of a post roads and interstate highway system, to create a Federal highway commission, and for other purposes, was announced as next in order.

1\Ir. KING. Let that go over. The PRESIDING OFFICER. The bill will be pas~ed over.

LAJ.~S IN WASHINGTON.

The bill ( S. 1168) to authorize the payment of certain taxes to Stevens and Ferry Counties, in the State of Washington, and for other purposes, was considered as in Committee of the Whole and was read, u.s follows :

Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to pay to Stevens and Ferry Counties, in the State of Washington, as taxes claimed by said counties under section 2 of the act of J_nly 1, 1892, relating to the payment of local taxe on allotted Colville Indian lands, the following sums, to wit : To Ste-rens Comity, $44,309.67; to Ferry County, $71,458: Provided, That there may be deducted from sa.id amounts by the Secretary of the Interior sueh sum or sums as he may find have been. paid to said counties for Indian tuition; also the excess, if any, where the rate based on the Talue of Indian allotments may be found to be in excess of the rate on taxable land.

SEc. 2. That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to be immediately available, ::;115,767.67 for the payment of said sums to said counties, as provided in the foregoing section.

l\Ir. KING. .Mr. President, I have made some investigation in regard to this measure. I objected heretofore to its consid· erntion. I belie-,e that it is a. measure which ought to pass; bnt I shall ask the Senator from Wa~hington to make a. brief

explanation for the RECORD, so that Senators who have not been advised may understand its nature.

Mr. JONES of Washington. I made a orief statement for the RECORD when it came up before.

Mr. KING. I was not aware of that. Mr. JONES of Washington. When the Senator made his

objection, I covered the facts in the case. l\1r. KING. - I have no objection, then. The bill was reported to the Senate without amendment,

ordered to be engrossed for a third reading, read ·the third ·time, and passed.

BILL PASSED OVER.

The bill (S. 1829) for.the relief of Walter Bunke was announced as next in order.

Mr. KING. Let that go over. The PRES.rDING OFFICER. The bill will be pa sed over.

QUAPAW TBffiE OF INDIANS.

The bill (S. 1894) to amend section 26 of an act entitled "An act making appropriations for the current and contingent expenses of the Bureau of Indian .Affairs," etc., was considered as in Committee of the Whole.

The bill had been reported from the Committee on Indian Affairs with an amendment; on page 2, after the word "the," to strike out "latter" and insert'" srud named Indians," so as to make the bill read:

Be it enacted, etc., That section 20 of the. act entitled "An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1922," approved March 3, 1921, be, and the same is hereby, amended by adding to the list of members of the Quapaw Tribe therein enumerated, after the words Lucy Lottson Beaver, the names of three omitted members, to wit, Minnie Griffin, Lewis Quapaw, and Leona Quapaw, in order that the said named In<lliins may have the full benefit of the 25-•ear extension period pro-vided by the act. •

The amendment was agreed to. Mr. KING. Mr. President, may I inquire of the Senator from

Kansas whether this bill entails any expense upon the Government?

Mr. CURTIS. None whatever. It simply extends by three names the list of incompetent members of the Quapaw Indian Tribe. The list was furnished by the department at the last session of Congress, and in the preparation of the list they omitted three incompetents. This bill just adds those three and prevents them from selling or disposing of their property without having a competency certification. Its enactment is requested by the Secretary of the Intelior and the Commissioner of Indian Affairs.

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

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

INDIANS OF MESCALERO RESERVATION.

The bill ( S. 2022) promoting civilization and self-support among the Indians of the Mescalero Reservation, in New Mexico, was announced as next in order.

Mr. SMOOT~ Let that go over. The PRESIDING O~CER. The bill will be passed 01er.

ABTHUB E. RUMP.

The bill (S. 154) to extend the benefits of the employers' liability act of September 7, 1916, to .AJ.thur E. Rump was considered as in Committee of the Whole, and was read, as follows:

Be it enacted!. etc., That the United· States Employees" Compensation Commission shall be, and it is hereby, authorized and directed to extend to Arthur E. Rump, a former employee in the post o1fice. in St. Louis, Mo., the provision of an act entitled "An act to wovide compens:1tion for employees of the United States suffering injuries while in the performance of their duties, and for other purposes," approved September 7, 1916, compensation hereunder to commence from and after the passage of this act.

1\fr. SMOOT. Mr. President, I should like to ask the Senator from Missouri [Mr. SPENCER], since he introduced the bill and also reported it, the reasons for the passage of this bill. Why should the employers' liability act be extended to this man?

Mr. SPENCER. Mr. President, if the Senator please, I should like to say a word about this case. It is an unusual case. As far as I know, the like of it has never arisen before. .

The bill gives to the marr about $66 a month as long as he lives. Congress already has appropriated $2,000 to this man about five or six years ago; therefore the necessity of bringing him unde1· the compensation law.

The facts of this case, in a word, are these : This man was employed in the Post Office Department, and

was hit by a mail sack. He was severely injured, as it was thought, but not irreparably. After- four or five years of suffering, Congress passed this $2,000 appropriation in his behalf. Now, here is what IJappened: Ankylosis set in with that man,

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4698 CONGRESSIONAL RECORD-SENATE. A.UGUST 5,_

until to-day be is absolutely rigid. He can not move a single joint in tbe body. Up to a few months ago he bad the use of one thumb, with which he manipulated a telephone that was strapped to him, and tried to get orders for magazines. Within the last few months that thumb has ceased to act, and the only joint that that man now can use is his jaw, for about a quarter of an inch, which is gradually diminishing. He probably has but a few months to live.

I have on my desk pictures of that man as he lies in bed. He is the worst injured man I have ever seen or heard of in my lifetime. The fact of the matter was that when they settled his claim six years ago it was never expected that there would be any permanent incapacity. It developed afterwards, and this bill, which has already been favorably reported upon by the committee of the House, gives him the benefit of the employers' compensation act as long as he lives.

The emergency is here. Of course, the man is entirely helpless. He was a Government employee, injured in the Government service. There is an old woman who has been taking care of him, and this is to provide $67 a month, so that she can continue to take care of him and he can be supported during what few months are left of his life.

Those are the facts in the case. The bill was reported to the Senate without amendment,

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

BILL PASSED OVER.

The bill (S. 1251) providing for investigations for irrigation works in Green River, Wyo., was announced as next in order.

~Jr. SMOOT. Mr. President, the Senator reporting the bill is not present, but I can not believe that $20,000 will be required to make that investigation. It may be, but I doubt it. Therefore, until the Senator is present, I ask that his bill go oyer.

The PRESIDING OFFICER. The bill will be passed ovet'. JOHN HICKSON, JR.

The bill (S. 1951) for the relief of John Hickson, jr., was considered as in Committee of the Whole.

The bill had been reported from the Committee on Claims with an amendment, on page 1, line 6, to stlike out "$1,375" and to in ert in lieu thereof " $1,075," so as to make the bill read:

Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to John Hickson, jr., of Lynchburg, Va., owner of a Chalmers automobile, the sum of $1,075 in full settlement to reimburse such owner for loss sustained as a result of damages caused to such automobile through a collision which occurred at Miami, Fla., on May 21, 1920, with a trailer which became detached from a motor truck belonging to the Navy Department while such truck and trailer were being operated by an employee of the Navy Tiepartment.

Mr. SMOOT. 1\Jr. President, I notice that the Secretary of the Navy states in a letter addressed to the Senator from Virginia [Mr. GLAss] that-

The report of Lieut. Commander .Allen was favorable to this claim, but he subsequently reported that the damage was done by a civilian laborer, and the department has no authority to settle such cases.

Mr. GLASS. Under the law, the department has no authority to adjust cases of accident where the employee of the Navy Department causing the injury is a civilian. The man was a chauffeur, but he was not in uniform. The Secretary assured me that otherwise the Navy Department would haye paid the claim, as it is a just claim. They have no authority under the law to pay it.

l\lr. SMOOT. There is no doubt about the accident? Mr. GLASS. None at all. There is no dispute as to the

facts. The only difficulty is that they have no authority under the Ia w to settle s'uch cla.i,ms.

The PRESIDING OFFICER. The question is on tbe amendment of the committee.

The amendment was agreed to. Mr. KING. Not by way of criticism or in opposition to the

bill, but for information, I would like to inquire of the Senator from Virginia if he thinks it is proper, under circumstances such as those of this case, where there are civilian employees who may be guilty of negligence, for the Government to be responsible for their torts. I was wondering what the· precedent might be, and what the effect might be, how far-rea-ching the establi hment of such a principle might be.

Mr. GLASS. The only difficulty is that the man did not wear a uniform. Had he been in the uniform of the Navy, the Navy Department itself would be authorized, under the law, to make the adjustment. He happened not to be in uniform; but, neYertheless, by his negligence the property of this citizen of Virginia was utterly destroyed through no fault of his own.

Mr. BRANDEGEE. Mr. President, I assume that the rule of law would be the same as the liability of a principal for ~

act of his agent whether the agent were a civilian or a military person, it certainly ought to be. As I understand it, the point about this case is that the department hold that they can not take funds which were appropriated under the naval appropriation bill for the Navy and compensate a civilian for an Injury.

Mr. GLASS. Precisely. There is no· question as to the facts, and no question of the justice of the claim; but, under the law, the department is not authorized to take funds from any appropriation for this purpose.

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

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

BILLS PAS SED OVER.

The bill (S. 7) to amend the act entitled "An act to regulate the business of loaning money on security of any kind by persons, firms, and corporations other than national banks, licensed bankers, trust companies, savings banks, building and loan associations, and real estate brokers in the District of Columbia," approved February 4, 1913, was announced as next in order.

Mr. McKELLAR. Let that go over. The PRESIDING OFFICER. The bill will be passed over. The bill (S. 496) for the relief of George A. Robertson, was

announced as next in order. Mr. SMOOT. Let that go over. The PRESIDING OFFICER. The bill will be passed over.

DISTRICT STREET" RAILWAYS.

The bill ( S. 985) to amend the provisions of an act relating to certain railway corporations owning or operating street railways in the District of Columbia, approved June 5, 1920, was announced a.s next in order.

Mr. KING. Mr. President, may I inquire of the Senator from Delaware if it will not take some til:De to consider and dispose of this measure?

Mr. BALL. I presume that it will lead to some discussion. Mr. KING. Does the Senator think, in view of that fact,

that we ought to enter upon it during the morning hour? Mr. BALL. I think it bad better go over for the pre ent. The PRESIDING OFFICER. The bill will be passed oYer. MEMORLAL TO EMPLOYEES OF DEPARTMENT OF AGRICULTURE.

The resolution (H. J. Res. 112) authorizing the erection on public grounds in the city of Washington, D. C.; of a memorial to employees of the United States Department of Agriculture who died in the war with Germany, was considered as in Committee of the Whole, and was read as follows:

Resolved, etc., That the Secretary of Agriculture be, and he is hereby, authorized to grant permission to the Department of Agriculture war memorial committee for the erection in the Department of Agriculture grounds, Washington, D. C., of a memorial to the former employees of the said United States Department of .A~?riculture who lost their lives while in the military or naval service in the war with Germany: Provided, That the site chosen and the design of the memorial shall be approved by the Joint Committee on the Library with the advice and recommendations of the Commission of Fine Arts, and the United States shall be put' to no expense in or by the erection of this memorial.

Mr. BRANDEGEE. Mr. President, I am heartily in favor of a measure which will accomplish this purpo e, and I am not sure that this does not accomplish it properly. It is true that under the joint resolution the Government would be put to no expense; the money. has all been raised.

What I am not certain about is that the House passed a joint resolution upon this subject, and it came over to the Senate. The Committee on Public Buildings and Grounds has reported this joint resolution. The one which the House passed, on the same subject, was referred to the Senate Committee on the Library, and is now pending there. I polled the committee some time ago on that .joint resolution, and they ordered a favorable report upon it. I am perfectly willing that this measure should pass, if the Senator from Maine [Mr. FERNALD] has looked the matter up so as to be sure that this is the one the proponents of the project want to have passed. .

There was some difference between the two measures. One confers jurisdiction upon either the Secretary of War or the Secretary of Agriculture, I have forgotten which. There was a difference between the two measures as to the part to be played by the Fine Arts Commission.

I am not sure of my ground at all. I simply want to be certain that the Senator from Maine has looked into the situation. I am somewhat confused about it. I am perfectly satisfied to take the word of the Senator from Maine if he is clear about it.

Mr. FERNALD. Mr. President, I -am quite clear as to the ·difference between the two measures. The only difference is that the Joint Committee on the Library in one measure is desig-·

1921. CONGRESSIONAL RECORD-SENATE. 4699 nated to select the place where this memorial shall be erected, and in the other the Fine Arts Commission is designated. The employees at first thought that they wanted this measure which pas ed the House, and then came to the Committee on Public Buildings and Grounds, and we reported that favorably. The only difference between the two measures is as to whether it should go to the Joint Committee on th~ Library or to the Fine Arts Commi sion. The measure which we have reported would turn it over to the Joint Committee on the Library.

Mr. BRANDEGEE. I am quite certain that the provision that the advice of the Commission on Fine Arts should first be taken should be in the joint resolution. Their judgment ought to be consulted in the matter, I think.

Mr. FERNALD. Then the joint resolution ought to go O'\""er? M.r. BRANDEGEJE. No; there is such a provision in this

measure. l\Ir. FERNALD. There is. Mr. BRANDEGEE. I ha\e no objection to the pending joint

Te olution. If any mistake is being made, it can be corrected. The joint resolution was reported to the Senate without

amendment, ordered to a third reading, read the third time, and pas ed.

l\Ir. FERNALD. ~1r. President, I ask unanimous consent to reconsider the vote by which Senate joint resolution 52, authorizing the erection on public grounds in the city of Washington, D. C., of a memorial to employees of the United States Department of Agriculture who died in the wai· with Germany, was ordered to a third reading and passed.

l'l!r. SHEPPARD. Has not the joint re olution gone to the House?

The PRESIDING OFFICER. The Chair is adyised that it has not. It is on the table.

By unanimous con ent, the motion to reconsider was agreed to.

l\Ir. FERNALD. I moYe that Senate joint re olution 52 be indefinitely postponed.

The motion was agreed to. POTO::\L\C InSURANCE CO. OF THE DISTRICT OF COLUMBIA.

The bill ( S. 1312) to amend the charter of .the Potomac Insurance Co. of the District of Columbia was considered as in Committee of the Whole, and was read, as follows:

Be it enacted, etc., That the act entitled "An act to incorporate a. fire insurance company in Georgetown, in the District of Columbia," approved the 2d of March, 1831, and the act entitled "An act to amend the charter of the Potomac Fire Insurance Co .. of Georgetown," approved the 3d of March, 1837, and the act entitled "An act to renew nnd continue in force the charter of the Potomac Insurance Co. of Georgetown, D. C.," approved the 25th of March; 1870, and the act entitled "An act to change the name of the Potomac Insurance Co. of Georgetown, and for other purposPs," approved the lOth day of March, 1900, be, and the same are hereby, amended so as to grant to tbe Potomac Insurance Co. of the District of Colrunbia, in addition to tbe powers, privileges, and immunities granted to the said company in nnd by its original act of incorporation, as amended, full power and authority to make insurances against lightning, windstorm, tornado, cyclone, earthquake, hail, frost or snow, civil riot and commotion, a.nd by explosion, whether fire ensues or not (except upt>n steam boil.ers and pipes, flywheels, engines, and machinery connected therewith or operated thereby, against explosion and accident, and except against loss or damage to life or property resulting therefrom, and except against loss of use and occupancy caused thereby) ; and also against loss or damage by water to any goods or premises arising from the breakage or leakage of sprinklers, pumps, or other apparatus erected for extinguishing fires, and of water pipes, and against accidental injury to such sprinklers, pumps, or other apparatus ; al o insurances upon automobiles, whether stationary or being operated under their own power, which shall include all or any of the hazards of fire, explo ion, transportation, collision, loss by legal liability for damage to or resulting from the maintenance and use of automobiles, and loss by burglary or theft, or both, but shall not include loss by reason of bodily injury to the person ; and to effect reinsurances of any risks taken by it ; and the said company shall have full power and authority to make and effect any and all of the above-described insurances and reinsurances.

l\Ir. KING. I would like to ask the Senator from 'Vashington whether the capital of this corporation warrants the extension of its powers so liberally as in the bill is provided, and whether the record of the corporation justifies the granting to it of these additional powers?

Mr. JO:!\TES of Washington. I will say to the Senator that I do not know. That matter was not investigated. The bill was referred to the District Commissioners, they reported that they had no objecimi to the measure, and it was simply automatically ordered reported favorably by the committee. If the Senator thinks it ought to be gone into somewhat more fully, I have no objection.

Mr. KING. If the Senator has no particular interest in the matter, I will ask that it go over until the next calendar day, so that it may be fully investigated.

Mr. JONES of Washington. If the Senator thinks there ought to be f11rther investigation, I think it would be well to

LXI-296

have it referred back to the committee, and let the committee make further investigation.

l\Ir. KL~G. Very well; I move that the bill be recommitted to the Committee on the District of Columbia.

The motion was agreed to.

NAV.A.J~ STATIO~ AT ST. THOMAg.

The bill (S. 1771) to authorize the United. States, through the United States Shipping Board, to acquire a site on Hazzell Island, St. Thomas, Virgin Islands, for a fuel and fuel-oil sta- . tion anu fresh-water reservoir for Shipping Board and other merchant vessels, as well as United States naval vessels, and for other purposes, was announced as next in order.

1\Ir. JONES of Washington. I ask that the bill may go o1er. I wish to make some further inquiries with reference to the situation.

The PRESIDING OFFICER. Objection is made, all(l the bill will be passed over.

SCHOONER CHARLOTTE W . .MILLER.

The bill ( S. 1063) for the relief of the owners of the schooner Charlotte W. Miller was announced as next in order.

1\fr. WATSON of Georgia. l\lr. President, the chairman of the committee is not present, but I am a member of the committee. The bill has not been considered by the committee so far as I know. I should like to know more about it.

The PRESIDING OFFICER. Does the Senator object to the pre ent consideration of the bill?

l\lr. \VATSON of Georgia. I object. The PRESIDING OFFICER. Objection i · maue, and the bill

will go Dver. HOR.\CE A. CHOUYABD.

The bill ( S. 1836) to reimburse Horace A. Choumard, chaplain in the Twenty-third Infantry, for loss of certain personal property, was announced as next in order.

l\Ir. WATSON of Georgia. Let the bill go over. l\lr. McKELLAR. Will the Senator withhold. his objection

until I can explain a moment about the bill? l\Ir. WATSON· of Georgia. Very well. Mr. McKELLAR. The bill is for the relief of a chaplain in

the Army who was living at Texas City and had all his property destroyed. It is recommended by the War Department, and a similar bill bas ah·eady once passed the Senate. The property was desh·oyed by the Gulf storm at Texas City in August, 1915. . ·

Mr. WATSON of Georgia. I do not understand that we are liable for providential los cs like Gulf storms, cyclone, , and matters of that kind.

Mr. McKELLAR. He was a chaplain in the Army at the time, and it was through no fault of his that the property was lost.

l\Ir. 'VATSON of Georgia. No one gets hurt by a strike of lightning if he can help it. I object.

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

ESTATE OF CATHERI:L'\E LOCKE.

The bill ( S. 1535) for the relief of the estate of Catherine Locke, deceased, was announced as next in order. ·

Mr. KING. l\Ir. President, reserYing the right to object, I should like to have an explanation of the bill.

l\Ir. CALDER. Mr. President, I should like to make a l>rief explanation of the bill. The bill as originally introduced provided for an appropriation of $30,000 for the relief of the :qext of kin of Catherine Locke. The Committee on Claims reduced th~ amount to $5,000. This woman, working for her living, supporting herself and in part her family, was walking along one of the streets of Brooklyn, in fact right near my own home, on a very wide street, when a motor truck owned by the 'Var Department ran up on the sidewalk without notice, knocking her down and killing her.

A most exhaustive examination was made of the matter by the 'Var Department, and there were many pages of testimony taken, all of which I baYe rea<l:.. The Committee on Claims very carefully considered the matter. There is no doubt under the evidence submitted that the woman was killed not through an accident but through the negligence of the driver of the truck. It seems to me that this is as just a claim as has .ever been acted upon in this Chamber.

The PRESIDING OFFICER. Is there objection to the con. sidera tion of the bill?

Mr. KING. I object. The PRESIDING OFFICER Objection i;:; made. 'Ihe bill

will be passed over.

. 4700 OONGRES 1I0N.AL RECORD- SENATE . AUGUST 5,

G.ll.LATIX ~.A.TIO~AL FOREST.

The bill (S. 255) for the consolidation of forest lands within the Gallatin National Forest, and for other purposes, was considered as in Committee of the Whole.

The bill had been reported from the Committee on Public ,·Lands and Surveys with an amendment to strike out all after the enacting clause and insert:

That the Secretary of the Interior be, and he hereby is, authorized .in his discretion to accept on behalf of the United States titla to any lands within the Gallatin National Forest, Mont., not to exceed 2<1 sections, if in the opinion of the Secretary of Agricul:trrre the public ·interests will be benefited thereby and the lands are chiefly valuable for national park purposes, and in exchan~e therefor may cause to be patented to the party conveying to the Umted States not to exceed an equal value of land within such national forest, or the Secretary of Agriculture may authorize the party convey1.1lg to cut and remove an equal value of timber within any national forest in the State of Montana, the value of the land or timber to be determined by the Secretary of Agriculture and .acceptable to the owner as fair compensation: Prot·ideil, That before any such exchange is effected notice of the con-templated exchange, reciting the lands involved, shall be published once eac.lt. week for four successive weeks in some newspaper of general circulation in the county of Gallatin, :M:ont., and in orne like newspaper published in any county in said State in which may be situated any lands or timber to be gi'l'en in such exchange. Timber gtven in such exchanges shall be cut and removed under the direction and supervision and in accordance with the requirements of the Secretary of Agriculture. Lands conveyed to the United States under this act hall, upon acceptance of title, become parts of the Gallatin National For-e t.

The amendment was agreed to. The bill was reported to the enate a amended. aml the

amendment was concurred in. The bill was ordered to be. en.,.ro sed for a third re:tding,

read the third time, and pas ed. AlUIY FIELD CLERKS .d~D FIELD CLERKS, Q'C'.ARTER).{.dSTER CORPS.

The joint re olution (S. J. Res. 48) authorizing retirement as warrant officers of certain Army and field clerks and field clerks, Quartermaster Corps, wns announced as next in order.

1\Ir. WADSWORTH. l\fr. Pre ident, I desire to offer an amendment to the joint re olution before it is con i.dered finally by the Senate.

1\Ir. SMOOT.' I should Uke to have the joint re. oluti'on go over.

1\fr. 'V ADS WORTH. Will tile Senator permit me to perfect it fir t? ·

~lr. S'MOOT. Certainly. l\Ir. WADSWORTH. I think in about :tlve entences I can

tell the Senator about it. and I do not think he will then object. 1\lr. KING. Let it be read, or will the Senator explain it? l\.1r. WADSWORTH. I wi bed first to offer an amendment,

but let it be read. The PRESIDIXG OFFICER. The joint re olution will be

read. 'l"he Secretary reau the joint resolution, a · follow : Rcsolred, etc., That the Secretary of War be, and he hereby i , author

ized to appoint and immediately retire as warrant officers any Army field clerk or field clerk, Quartermaster Corps, whose status was chfln ooed from a civil to a military one by, or who was appointed as such under, the act ot .August 29, 1916, and who, because of age, service, or di ability incurred tn line o! duty, would be eligible for retirement on the same basis as a warrant officer : Ptovided., That for the purpose of retirement and longevity pay Army field clerks and field cle-:;:ks, Quartermaster Corps, hel'ein referred to, shall be permitted to count all service in and with the Army.

1\lr. W ADS"WORTH. Mr. President, inadvertently, I think, the Committee on 1\lilftary Afiairs in reporting the joint resolution neglected to make the amendment which I now propose. In line 6 and 7 I move to strike out the words· " or who was appointed a uch tmder," including the commas, so that the sentence will read, "who e status wa.s changed from a civil to a military one by the act of .A.ugu t 29, 1916;~ etc. •

The PRESIDL'G OFFICER. Without olJjection1 that amendment will be agreed to.

::\fr. SMOOT. Now, r ask that the joint resolution go over. l\Ir. WADSWORTH. Will the Senator not permit me to make

a yer:r brief explanation? :Mr. Sl\.100T. Very well. Mr. WA.DS~YORTH. I think the Senator perhap does not

under tand what happened in tills instance. Of course, if he doe , and still object , I can not say anything about it.

When the Congre.!S last year passed the Army reorganization bill, which invol'red con ideration· of a vast number of details in connection wifh the personnel of the Army, among other thing~ it created a new grade of warrant officer, and it provided also that no more field clerks or field clerks, Q'Uartermu ter Corp_, hould be appointed in the service or in connection with the service. It permitted the field clerks and field clerks, Quartermaster Corps, to become eligible for al)pointment as ''rarrant officer"'. The position of warrant office1· is one having fnll and complete military status.

It so happens that back in 1916, at the time when field clerks , and field clel"ks, Qna1termaster Corps, had no military status, the Congress passed a bill transferring an the field clerks and field clerks, Quartermaster Corps, from a. civil status to a mili· tars status. That took the field clerks and field clerks, Quartetmaster Corps, out of the classified service. They thereupon, of course, by arbitrary act of Congress, became ineligible to the retirement p1'ivileges granted civil' service employees.

There are about 30 of tf1ese men Wh'O are still field clerks and field clerks, Quartermaster Corps, having this semimilitary status. They are ineligible for retirement under the civil service law and they are too old to be commissioned as warrant officers, having passed the age fixecT as the limit in the Army reorganization act.

In drafting that bill we forgot or did not have brought to our attention the condition of these men. They have been ir1 the Government service 30 or 35 or 40 years or more. The-y can not continue as field clerks mucli longer. They are bi·eak:ing down With age. They can not be retired as civil service employee . Their position was originally changed' arbitrarily by the Congress- and they are left all alone, 30 men, with no outlook whatsoever when the War Department will be compelled to let them go. The joint resolution will authorize their appointment as warrant officers to be retired' as warrant officers in aecordance with the p_rovisions of the existing Jaw. It is a matter of simple justice to a little group of faithfUl Government ervants, who have served the Government for a o·eneration or more.

The PRESIDING OFFICER. Is there objection to tlie present consideration of the joint resolution?

Mr. ~lOOT. 1\lr. President, I will say to the Senator from New York that if he· will prepare a bill alfowing these men to retire under the civil .;ervice law the same as otfier clettk of tlie Government I hall offer no objection, but I do object to the clerks here having the privilege of longevity pay and having the privilege of retirement the same- as a warrant officer in the Army. I have, of cour e, some sympathy wfth them under t11c statement made by the Senator.

:l\.1r. WADSWORTH. The ar in quite a predicament through· no fault of their own.

Mr. SMOOT. Let u. put them in the position tlmt they would have been in had they continued a. clerks. That i what it should be, and nothing el. e. Their 30 or 40 years' ser\ice has been as clerks. I am perfectly ' illing to ha.ve a bill introduced and passed, and will' upport such a bill, allowing them to retire under the' crri1 ·et'Yice raw.

1\Ir. WADS WORTH. Then we practically repeal the act of Cpngre;> which gave them a military statu..,.

lli. SlfOOT. We can do that. lUr. WAD WORTH. Thel are not like ordinary civil ervice

clerk . They are men in uniform. Tl1ey go with the Army into the field to db cleri~'lf duty at battalion heaclquat•ter or field headquarters and they are often under fire.. Tlley are subject to the Articles of War and regulati.ons of the Army and nbject to di cipline of E>Yery kiud. They are military men. The enator from.. tall de i're. to haYe them changed back to civil service employees with no milit.ary statu · and then <Yive them the retirement privileg .

llr. SMOOT. The. 30 oJ: 3G :rear:' en-lee they l1ave rendered. the G<>vernment wa a cler.h---s.

Mr. WADSWORTH. Field clerk . NI:r. SMOOT. Yes; field clerks. Mr. WADSWORTH. With· the 1~.rmy, in uniform. l\1r. S:MOOT. Ye ; with the Army, in uniform, nndl they wet·e

not given the retirement priYilege or the longevity par. :M:~: WADS WORTH. Of course, it \vas expected ill at they

W<jUld have the privilege which go with a military . tatu . Mr. SMOOT. But they did not have them. Mr. WADSWORTH. The only reason why they haY not,

may I say to the Senator, i that this-little group of men. hnve pas ed the age limit. If they were not over the age fixed by law for the appointment of warrant officers the <g:oternment would take care of them.

Mr. SMOOT. Yes; under the act of 1916. lfr. FLETUHER. :Mr. President, the itnation is that they

ha"Ve not been long enough in the militaTy s<!r\~i~e with a military status to entitle them to the benefits un<ler the new law.

Mr. SMOOT. That fs what I said. Mr. FLETCHER. But they have been long enough in the

service as civilians to entitle them to certain rights, and those rights were taken away from tl\Elm b legi bttion.

Mr. Sl\fOOT. Them weo wiD fia:"Ve' to p~ legislation correct· ing that and giving them tlie I!eti ement priVilege under the ciV'11. service act.

Mr. FLETCHER. Th · joint r.e Ol\ltio1l do that thing.

1921. CONGRESSIONAL RECOR.D-SEN.ATE. 4701 The PRESIDING OFFICER The Senator from Utah ob

jects, and that ends the matter. Mr. ~LETCHER. Of course, if the Senator from New York

desires he can move to take up the joint resolution. I think this is an important matter and ought to be taken up and con-sidered. .

Mr. KING. M:r. President, I rise to a parliamentary inquiry in response to the suggestion of the Senator from Florida. It was decided by a former occupant of the chair that no motion to take up a bill or joint resolution could be considered during the call of the calendar.

The PRESIDING OFFICER. We are proceeding under Rule VIII.

Mr. FLETCHER. We are now proceeding under Rule VIII. Consequently, it would be in order to move to take up the joint resolution. I merely made that suggestion to the Senator from New York.

The PRESIDING OFFICER. Objection is made. The joint resolution will be passed over.

FOREST RESERVES I:8 NEW MEXICO A!\D ARIZONA. The bill (S. 916) limiting the creation or extension of forest

reserves in New 1\Ie:xico and Arizona was considered as in Committee of the Wllole and was read as follows :

Be it enacted, etc., That hereafter no forest reservation shall be created, nor shall any additions be made to one heretofore created, within the limits of the States of New Mexico and Arizona except by act of Congress.

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

CLOSING OF PINEY BRANCH ROAD IN THE DISTRICT. The Senate, as in Committee of the Whole, proceeded to con

sider the bill ( S. 1066) to authorize the Commissioners of the District of Columbia to close Piney Branch Road between Seventeenth and Taylor Streets and Sixteenth and Allison Streets NW., rendered useless or unnecessary by reason of the opening and extensiop of streets called for in the permanent highway plan of the District of Columbia.

It proposes to authorize the Commissioners of the District of Columbia to close Piney Branch Road from Seventeenth and Taylor Streets to Sixteenth and Allison Streets NW., upon the application in writing of the owner or owners of all of the property abutting on that road between the limits na~ed, and provides that upon the closing of the road the land embraced therein shall revert to the owners of the abutting property.

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

EXTENSION OF :RENTS ACT. The bill (S. 2131) to extend for the period of seven months

the provisions of Title II of the food control and the District of Columbia rents act, approved ·october 22, 1919, and for other purposes, was announced as next in order.

Mr. FLETCHER. I ask that that bill go over. The PRESIDING OFFICER. The bill will be passed over. Mr. BALL. Mr. Presiuent, is there objection to the considera-

tion of the bill? The PRESIDIKG OFFICER. The Senator from Florida

[Mr. FLETCHER) has objected. l\fr. BALL. I move that the Senate proceed to the consid

eration of the bill notwithstanding the objection. The PRESIDING OFFICER. Notwithstanding the objection

of the Senator from Florida, the Senator from Delaware moves that the Senate proceed to the consideration of the bill.

Mr. KING. In view of the fact that there are several Senators who are interested in the bill whom I do not see upon the floor, I feel constrained to ask for a quorum, in order to give them an opportunity to be present.

The PRESIDING OFFICER. The Secretary will call the roll.

The Assistant Secretary called the roll, and the following Sen a tors answered to their names : Ball Gooding McKellar Borah Harreld McLean Brandegee Harris McNary Broussard Harrison Moses Calder Heflin Nelson Cameron Johnson Nicholson Capper Jones, Wash. Norbeck Caraway Kenyon Oddie Curtis Keyes Overman Dial King Pomerene Dillingham Ladd Sheppard Edge La Follette Shortridge Ernst Lenroot Simmons Fernald Lodge Smith Fletcher McCormick Smoot Glass McCumber Spencer

Stanley Sterling Sutherland Swanson Townsend Trammell Wadsworth Warren Watson, Ga. Watson, Ind. Weller Williams Willis

The PRESIDING OFFICER. Sixty-one Senators having answered to theil· names, a quorum is present. The question is on the motion of the Senator from Delaware that the Senate proceed to the consideration of Senate bill 2131, notwithstanding the objection of the Senator from Florida.

The motion was agreed to, and the Semite, as in Committee of the Whole, proceeded to consider the bill, which had been reported from the Committee on the District of Columbia with amendments.

The first amendment was, on page 3, after line 9, to insert as a new section the following :

Sxc. 4. That Title II of such act is amended by adding at the end thereof two new sections to read as follows :

"SEc. 123. In all cases where the owner of any rental property, apartment, or hotel has, prior to April 18, 1921, collected any rent or charge therefor in excess of , the amount fixed in a determination of the commission made and in full force and effect in accordance with the provisions of this title, he may within 10 - days after this section takes effect return such excess rental or charge to the tenant directly, and if such return is made within such period the owner shall not become liable under the provisions of section 112 of this act.

" SEc. 124. (a) Any violation of this act or of any order of the commission committed before the termination of this act may, after such termination, be prosecuted by and in the name of the Attorney General in lieu of the commission in the same manner and with the same effect as if this act had not been terminated.

"{b) In the case of (1) any proceeding begun under the provisions of section 114 before the ternunation of this act, or (2) any proceeding on appeal from a determination of the commission begun

· before the termination of this act, such proceeding may, after such termination, be continued in the same manner with the same effect as if this act had not been terminated, and all powers and duties in respect to such proceedings "ested in the commission by this act shall for the purposes of such proceedings be vested in the Attorney General.

" (c) Any right or obligation based upon any provision of this act or upon any order of the commission, accrued prior to the termination of this ac.t may, after the termination of this act, be enforced in the same manner and with the same effect as if this act had not been terminated.

"(d) The Attorney General may1 after the termination of this act, appoint the attorney ·last appointed by the commission under the provisions of section 103 to assist in the enforcement of this act. Such attorney shall continue to receive compensation for such services at the rate of $5,000 per annum, payable monthly."

l\Ir. BALL. ~fr. President, I offer an amendment as a substitute for a portion of the amendment reported by the committee.

The PRESIDING OFFICER. The amendment proposed by the Senator from Delaware to the amendment reported by the committee will be stated.

The ASSISTANT SECRETARY. In the amendment reported by the committee it is proposed to strike out, on page 3, from line 12 to line 21, inclu ive, embracing section 123, and to insert the fo1lowing :

SEc. 123. In all ca es where the owner of any rental property, apartment, or hotel has, prior to April 18, 1921, collected or received any rent or charge therefor in excess of the amount fixed in a determination of the commission made and in full force and effect in accordance with the provisions of the title, he may within 30 days after this section takes effect return such excess rental or charge to the tenant directly, and if such return is made within such period the owner shall not become liable under the provisions of section 112 of this act. An owner who has obtained a judgment against a tenant for or which includes such rent or charge in excess of the amount fixed in such a determination of the commission shall move to vacate such judgment to the amount of such excess within 60 days after this section takes effect. In case such motion is not made and such owner does not exercise reasonable diligence to have such judgment vacated, such judgment, to the amount of such excess, shall be null and void. •

The PRESIDING OFFICER (Mr. LENROOT in the chair). The question is on the amendment proposed by the Senator from Delaware to the amendment reported by the committee.

Mr. WILLIS. 1\lr. President, will the Senator from Delaware explain what change his amendment makes? I tried to follow it, but did not, perhaps, grasp its full scope.

Mr. BALL. l\Ir. President, the fu·st change from the original rent act is that all business property is relieved from the effect or control of the act, making it clearly a housing proposition.

The second change is that the Rent Commission is authorized to employ an attorney. Under the original act they may employ nobody except a secretary, aside from such employees as they are authorized to obtain through the Civil Service Commission. The pending bill authorizes the employment of an attorney.

There i · another change which applies where, since the law was declared to be unconstitutional by the local court, the tenant has paid an excess of rent over and above the amount fixed by the Rent Commission. According to the original l.aw, the landlord had to refund the excess to the Rent Commission and pay double the amount. This bill authorizes their paying the excess to the tenant direct within 30 days, and the landlord is required to pay only the amount that has been overpaid.

Another amendment provides that where the agent or landlord has obtained a judgment against a tenant for the differ£:nce between the amount of the rent authorized by the Rent

4702 OONGRESSION AL R.EOORD-SEN ATE. AUGUST 5,

Commi sion during that interim and the amount as fued by the landlord or agent the landlord or agent must move to vacate that judgment. Those are the only nmendments propo ed to the original act.

i\fr. FLETCHER. :!\lay I ask the Senator from Delaware to what extent the amenament be has offered rv:-..ches the amendment proposed .by the committee! Does the Senator's amendment apply only to section 123, and will the other amendments proposed by the committee be offered as we ])roceed with section 124, for instance? ·

Mr. BALL. The amendment to section 123 takes the place of the amendment that was first offered.

l\1r. FLETCHER. What about the other section, 124? Mr. BALL. Section 124 s.tanftS the same way. l\lr. FLETCHER. It is not changed? Mr. BALL. No. 1\lr. FLETCHER. Tll.en the amendment we ar.e now voting

on is :an amendment offered to section 123? Mr. BALL. In lieu of section 123. 1\Ir. FLETCHER. I do not see very much change in that,

exeept that they ha'~ added the words " or received," so as to read "collected or received any rent," and then at the conclusion there are some changes and .additions.

l\lay I ask the Senator if he caR tell 'US what this commission is costing now? The members of the commission get salaries

- of $'5,000 a year each, and then here is a secretary .at $3,000, and an attotney at $5,000. What are the other expenses connected with the commission?

Mr. BALL. The other expenses are only. the employees that they have in the office, civil service employee , clerical assistants. I do not know what that expense is.

1\ir. FLETCHER. Can the Senator give us any idea .as to the monthly expense of this commi sion?

M1·. BALL. The original aet appropriated $50,000 for the two J·ea.rs. I think there was an additional appropriation in the , emergency appropriation bill of $15,000, was there not?

Mr. KING. Yes. Mr. BALL. So far, the total expen e of the operation of

the act :has been within 65,000. Mr. FLETCHER. I saw a statement on this subject in the

newspaper the other day. I have sent for the paper, but I do mot have it here. 1\fy recollection is that the statement showed that during the last month this commission determined that there had ·been excess charges by landlords, tenants called upon to pay moxe than they should have paid, to the amount of about $6,387, in 42 cases, and that on the other hand they had found in favor of the landlords-in other words, a,gainst the tenants, and held that they should pay more than they. did pay-to the amount of over $2,274, in ·8 cases, showing that nppl)rently the actual benefit to tenants tmder the decisions of this commission for one month amounts to some $4,113, according to that statement. It seems to me this commission is cost~g a good deal more than it is producing in the way of beneficial results.

Mr. POMEREl\TE. 1\Ir. President--Mr. BALL, I should like to make just one statement, Mr.

Pl.·esident, and then I will yield the floor. That, to me, shows that the commission is eminently fair both to the tenants and to the landlords, and that is what is necessary to have such ·a commission. result in good effect. The moral effect of the existence of thi · commission has undoubtedly of it elf reduced rent . I recei\ed to·day, and one yesterday, I think, a number of notices £ent to me by different tenants, received from their landlords, stating that the rent act would expire on the 22d, and there would be -an increase in their rents ranging from 15 to 40 per cent after that date.

l\Ir. Fl..tETCHER. Mr. Presitrent, of course I do not know the merits of those ca ·es. Each case depends upon its <>wn facts and circumstances. It may be that they ought to be increased! do not know-but this legislation was always wrong, in my judgment, and I regarded it as unconstitutional from the £tart. I neYer did belie\.e that it was constitutional legislation, and it just did get through 'by the kin of its teeth upon that J)roposition, it seems.

1\lr. KING. AJ a w-ar measUl·e. {llr. FLETCHER. As a :war measure, the lower court hold

ing that it wa · unconstitutional; but I believe finally the Supreme Court, by a majority of one, decided that it was constitutional; but they put it upon the ground and upon the idea that it wa.s w-ar-emergency legislation, originating in war condition , and justified only by reason of war conditions. The GoYernment eould -commandeer buildings required for the conduct of the 'War. Kow, it i -snppo~ed that the war ended some little time ago. Certainly we are not fighting anybody now and

nobody is exercising any war powerN now. Why should we continue upon our statute books legislation which practically places in the control of a commission the real estate investments of the people in the District of Columbia? Ha Ye we gotten 'to the point where the Government is warranted in laying its hands upon an apartment house, a building that is erected for the purpose of renting to tenants, and saying to the landlord or the owner of that property "You can charge only so much," and to tenants "You are entitled to occupy those premises without regard to the will of the owner of the property, and you can only 'be called upon to pay so much"? 1f that is not "govern· ment in business" I can not understand what is "government in business." The Government is actually taking control and charge of the property of individuals, men who have put their money into investments in this city, and is telling them how much they shall charge for the use of those premises they own, in effe-ct when they shall be occupied and when they shall not be occupied, how long tenants shall stay there, and how soon they shall be forced to get out.

I submit that the whole thing is wrong. As far as I am individually concerned, while I own a little property here, it is utterly immaterial to me as a property owner in th~ District; but the whole legislation is wrong. This thing ought to end where Congress originally prescribed that it should end, in my judgment. I haYe never had any occasion to invoke or resist the jurisdiction or powerB of the rent commission. I believe the members of it eminently fair, just, and capable ; but placing an individual's property under the control and direction of a commission or an official is to that extent confiscation of private property. On principle it can no.t be defended. Only war emergency-actual war conditions-could warrant or excuse such legislation.

l\Ir. CARAWAY. l\Ir. President, will the Senator yield? The PRESIDING OFFICER. Does the Senator from Florida

yield to the Senator from Arkansas? Mr. FLETCHER.. I yield. :Mr. CARA. WAY. I want to ask ilie Senator for his construc

tion of the language at the top of page 2. It enumerates apart· ment houses, but, if I read it correctly, hotel and apartment houses are both excluded from the provisions of the act. Now, who they are trying to catch I do not know.

Mr. KING. They are trying to catch apartment houses. Mr. CARAWAY. "But they have not got them. Under the

definition commencing on the bottom of page 1 it says: The term "rental pr{)perty" means any building or part thereof or

land appurte.nant thereto in the District of Columbia rented or hired and the service agreed or required by law or by determination of the commission to be furnished in connection therewith ; bnt does not include (a) a hotel or apartment, (b) a garage {)r warehouse, or (c) any building or part thereof or land appurtenant thereto used by the tenant exclusively for a business purpose other than the subleasing or otherwise subcontracting for ~ for living accommodations.

If there ever were any gougers in the District ·of Columbia, commend me to the hotel people and the apartment-house owners; and yet they are excluded from the provisions of this law.

Mr. FLETCHER. It certainly is quite ambiguous whether it is intended to exclude an apartment house or not -or whether it is intended to mean an apartment in a hotel.

Mr. CARAWAY. An apartment would be, I think, pretty well defined.

Ur. FLETCHER. But I agree with the Senator that if there is anything that needs regulation or control by the GoTernment in this city it is the hotels.

Mr. CARAWAY. And the apartment houses. .Mr. FLETOHER. And the apartment houses. Why, l\lr.

President, a friend of mine had two adjoining rooms at a hotel here la.st week, and $19 a day was the charge for the room . Their chargen ·are grossly outrageous here and el ewhere, in moBt instances.

Mr. GLASS. Mr. President, with respect to the· question or the definition, do we not have here what ru'e called apartments and hotel apartments, distinguishro the one from the other?

Mr. CARAWAY. Does the Senator think that does not include an apartment bouse?

1\fr. GLASS. I think not. I think it includes only a hotel apartment-that is, au apartment house that is in the business likewise of furnishing meals.

Mr. CARAWAY. May I ask the Senator a question, if the Senator from Florida will permit me?

Mr. FLETCHER. Certainly. Mr. CARAWAY. Why should an apru:tmeut hotel be ex

cluded from the provision of the act if an apartment house is to be included?

Mr. GLASS. I assllJile they put it on the same basis as a hoteL

I

1921. . CONGRESSIONAL RECOR.D-SEN.ATE. 4703 Mr. FLETCHER. · I see no reason for making any excep

tion in instances of that sort. If there ought to be any regula· tion at all, it ought to cover those that are excluded.

lfr. POMERENE. :Mr. President, will the Senator permit a suggestion? My reading of this leads me to suggest that while it is a littl~ bit obscure, it seems to me, after conferring with the Senator from Delaware, who is the chairman of the committee, that what is intended is that there should be a comma after the word " thereto " on line 5, so that the qualifying clause following that applies to all of these buildings. It would then read " a .hotel or apartment used by the tenant exclusi\ely for a business purpose other than the subleasing or otherwise .subcontracting for use for living accommodations."

:11r. CARA. WAY. The intention was not to exclude apartments?

Mr. BALL. Oh, no; only · apartment hou es parts of which are used exclusively. for business purposes.

Mr. CARAWAY. I believe it is going to t:'l.ke some remodeling, or else they will escape.

:lfr. BALL. The original act named apartments and hotels used entirely for living purposes. 'l:hi.s bill makes that exception, that apartments or hotels or buildings used exclusively for business purposes are exempt from the operation of the bill.

1\lr. POMEREr"E. Let me suggest a modification of that so as to make it perfectly dear, if the chairman will permit me. Suppose that right after the words " a hotel or apartment" we insert the last clause, "used by the tenant exclusively for a business purpose other than the subleasing or otherwise subcontracting for use for living accommodations."

Mr. BALL. I like the wording of that better than the wording of the bill as it stands, although I think either will cover the ground.

Mr. POMERENE. I think that would relieve the difficulty which the Senator from Arkansas and the S~nator from Florida have in mind.

:air. BALL. I accept that change in the wording, Mr. President.

The PRESIDll~G OFFICER. The Chair will slate that before that can be done the pending amendment must be disposed of.

:Mr. FLETCHER. There is an amendment already pending. We shall have to go back to that, because that has not been inr-olved in the discussion so far. However, I think the suggestion will r-ery greatly improve it, so that it would exclude a hotel or apartment used exclusively for business purposes. I take it that the hotel would have to be used for the business of conducting a hotel. An apartment would have to be used for business purposes, but not for subleasing or subcontracting for use for living accommodations.

The PRESIDING OFFICER. The Chair will state that if that i.s agreed upon, it may be done by unanimous consent.

Yr. POMERENE. I think we do agree-at lea t, tho e who have been taking part in the colloquy here.

The PRESIDING OFFICER. The Chair will ubmit a request for unanimous consent.

:Mr. POMERENE. I ask unanimous consent that that be taken up now.

Ur. FLETCHER. I have no objection to that. Mr. WILLIS. What is the request of my colleague? :a..rr. POMERENE. To insert, after the words "a hotel or

apartment," in line 4, the language in lines 6, 7, and 8. The PRESIDINQ OFFICER. Is there objection? There

being no objection, the Secretary will state the amendment. Mr. FLETCHER. I do not understand that they want to

strike out anything. -Mr. POMERENE. No; lea\e that language just a.s it is. ~Ir. FLETCHER. That could be left to be adjusted when

the Senators have taken a little time to go over it. The ques· tion would first come on thi.s amendment, and that could be traightened out later. The AssiSTANT SECRETARY. .After the word " apartment "

and the comma, on line 4, insert the words appearing on lines G, 7 and 8, so as to read :

"C'seu by the tenant exclusively for a business purpose other than the 11;bleasing or otherwise subcontracting for use for living accommouatwns, (b) a garage or warehouse, or (c) any building or part t l:rereof o_r land appurtenant thereto used by the tenant exclusively for a busmess purpose.

~Ir. KIXG. :\lay I inquire of the Senator from Ohio or the Senator from Delaware if, as read at the desk, it would not exclude from the limitations the buildings described in line 5?

Mr. POlfERENE. They are exempted, I take it from the provisions of the act. I may say that the chairman ~f the com-

mittee is very much more familiar with the provision than I am, because I have not given much attention to tile matter of amendment of the bill; but, as I understood his statement the object was simply to keep under the jurisdiction of ·the Rent Commission property which i.s used for residential or housing purposes.

l\1:~·· FLETCHER. All business property, all hotels, and ail portions of apartments used for business purposes are to be excluded from the jurisdiction of the commission. . Mr. BALL. l\lr. President, I am quite sure that the language IS perfectly clear. These are the exceptions :

"But does not include (a) a hotel or apartment," if tenanted -exclusively for business purposes; "(b) a garage or warehouse· or (c) any building or part thereof or land appurtenant thereto.'~

It means all of those, or any of them, used by the tenant ex-clusively for business purposes. •

The PRESIDING OFFICER. The question is upon the amendment proposed by the Senator from Ohio.

1\lr. FLETCHER. I think the purpose of the Senator would be accomplished by just putting a comma after the ~ord "thereto."

Mr. BALL. I think so. l\Ir. PO:!\IERE.t~. I think that would perhaps meet the i tua

tion. I accept that suggestion. The PRESIDING OFFICER. The Senator from Ohio with·

draws the previous amendment and mo\es to amend by inserting a comma after the word "thereto," in line 5.

The amendment wa.s agreed to. 1\lr. KING. I renew the inquiry which was propounded by

the Senator from .Arkansas a moment ago. If I understand the purpose of the Senator from Delaware, I fail to see how that purpose can be consummated, with the amendment ju.st agreed to, by leaving the language as reported by the committee. I understand these properties will be excluded from the jurisdiction of the commission, namely, hotels and apartments. It is not the intention of the Senator to exclude apartments from the operation of the bill unless the apartments are used ex· clusi\ely for business purposes?

Mr. BALL. The Senator certainly appreciates the fact that that designates hotels and apartments, garages, and so forth, or any other buildings, excluding all of those under subdivisions (a), (b), and (c) from the effect of the Ia w. They are the exceptions.

Mr. KING. It does not include hotels; it does not include ·apartments, it does not include garages or warehouses, or any building or part thereof, or the land appurtenant thereto, used by a tenant exclusively for business purposes.

Mr. BALL. That is right. 1\Ir. KING. Does the Senator mean to exclude apartments

from the operation of this bill? I thought it was the intention of the Senator to subject apartments to the operation of the bill. .

l\lr. BALL. It is the intention to exclude apartments if any part of those apartments is u ed entirely for business pm·poses. The first stories of large apartment houses- are generally occupied by stores. It excludes those stores. It excludes any part of an apartment occupied entirely for a business purpose, but it keeps under the act the apartment building or parts of it used for housing purposes.

Mr. KING. Mr. President, not being a supporter of the bill, if the Senator i.s satisfied with what I regard a.s a \ery defective construction, which is bound to lead to an interpretation, in my opinion, adverse to that for which he contends I shall make no objection. If he is content to ha\e the bill' in that form, of course I shall not object.

Mr. WILLIS. Mr. President, I desire to propound an inquiry to the Senator from Utah, as he has given this subject much study. In his judgment, what is the effect upon building operations in the District of such restrictions as are here contemplated, and as were provided in the original act? Are they likely to encourage or to discourage the building of rental property?

1\fr. KING. Mr. President, I had occasion, when the measure was under consideration some time ago, to express my opinion in regard to this character of legislation.

~Ir. POMERENE. Mr. President, will the Senator allow me to make another suggestion? May I ha\e the attention of the chairman of the committee, as well? · Mr. KING. If I may be excused from answering the question of the junior Senator from Ohio, I mil yield to the senior , enator from Ohio.

Mr. POMERE1\TE. If the Senator wa an wering the question of another Senator, of course I shall not interrupt.

Mr. KirG. I can answer that inquiry later. Mr. WILLIS. I ~ant to har-e it an wered.

~704 CONGRESSIONAL RECORD-SENATE. AuousT 5,

Mr. POMERENE. I was going to suggest that after the word " or " in line 4, page 2, there be inserted the words " or any portion of an apartment building," and ·then insert the comma as suggested. Then it would make it perfectly clear that you are only exempting from the proyisions of the act any portioD of an apartment building which might be used exclusively for business purposes.

The PRESIDING OFFICER. Does the Senator from Ohio offer that as an amendment?

Mr. POMERE3E. I can simplify it by moving to strike out the word "apartment" in line 4, page 2, and to insert in lieu thereof the words "or any portion of an apartment building."

The PRESIDING OFFICER. The Secretary will state the amendment.

The AssiSTA -T SECRETARY. On page 2, line 4, it is proposed .to strike out the word "apartment" and to insert the words u any portion of an apartment building," so that it will read : but does not include (a) a hothl or any portion of an apartment building, (b) a garage or warehouse, or (c) any building or part thereof or land appurtenant thereto used by the tenant exclusively for a business purpo e other than the subleasing or otherwise subcontracting fer use for living accommodations.

Mr. ~OMERENE. Mr. President, I withdraw that amendment, because after a conference with the chairman of the committee I find that that 4; entirely wrong.

The PRESIDING OFFICER. The Senator from Ohio withdraws the amendment.

Mr. BALL. I would like to offer one amendment, and I am satisfied it will make the provision absolutely safe. I propose to amend on line 5, page 2, by inserting after the word " any " the word " other."

The PRESIDING OFFICER. The Secretary will state the amendment.

The AssiSTANT SECRET.a:&Y. On page 2, line 5, a+ter the word "any," the first word in the line, it is proposed to insert the word "other," so that it will read "or (c) any other building or part thereof or land appurtenant thereto." .

The amendment was agreed to. Mr. POMERENE. I now offer my amendment at another

point. I propose to amend by inserting after "(a)," in line 3, page 2, the words " any portion of a hotel or apartment building."

Mr. BALL. I accept that amendment. The PRESIDING OFFICER. The Secretary will state the

amendment The AssisTANT SECBETABY. The Senator from Ohio proposes

to strike out the words " a hotel or apartment," at the beginning of line 4, page 2, and to insert the words " any portion of a hotel or apartment building."

The amendment was agreed to. The PRESIDING OFFICER. The question now is upon the

amendment proposed by the Senator from Delaware to the committee amendment.

Mr. WILLIS. Mr. · President, I desire at this point to renew tny inquiry made of the Senator from Utah or the Senator from Florida or some one who has investigated this question as to what has been the effect of legislation of this character upon building operations in the District? I am asking the question because it is perfectly obvious that the only way you can remedy a situation of this sort, in the long run, is to have more houses, more rooms, and more buildings. If this legislation encourages building it is desirable. If it discourages building it i undesirable. · I should like to have the opinion of the Senator from Florida on that point.

1\Ir. FLETCHER. Mr. President, I can not speak f1·om experience in connection with the matter, but from observation and from common knowledge it is perfectly apparent that this sort of legislation discourages building. It does retard it in many ways, and it certainly discourages the putting up of new buildings, because a man who bas a lot which he would like to improve by erecting buildings on to rent out t~ people who need houses would not undertake to launch upon an enterprise of that sort and invest his capital in buildings when he knew they would be controlled and managed by an outside commission.

It stands to reason that no man would want to invest his money and take the chances of being able to invest so as to earn a reasonable percentage on his investment, knowing that some third party would step in and say, "We will tell yon how much .YOU shall charge for your buildings and we will decide how much your apartments will be let for, and all questions

. . of time, and we will determine whether the tenant is right or you are right, and we will decide that the tenant can stay in possession of your property as long as we say the tenant hall stay there, and that the tenant shall pay only the rent we say the tenant shall pay.''

No man is going to inYest his money in a building with that sort of condition existing, in my judgment, unless, of course he assumes that the hw is to terminate very soon. '

1 Mr. McKELLAR. Mr. President--The PRESIDING OFFICER. Does the Senator from Florida

yield to the Senn tor from Tennessee? Mr. FLETCHER. I yield. Mr. McKELLAR. The Senator will admit that this law has

been on the statute books quite a while, and that a great many apartment houses haYe been erected in the city of \Vashington notwithstanding it. What has the Senator to say about that?

1\It"' FLETCHER. I admit that there ha:ve been a great many apartment houses erected; that a· great many buildings have gone up, but nothing approaching what would have been erected in my judgment, if that legislation had not been on the statut~ books, and certainly not if the owners of those properties had not understood that the ,egislation was to terminate at a certain time, and the time would soon come, probably by the time their buildings are completed, when they would be no longer under the restraints and restrictions of this law.

The PRESIDING OFFICER. The Senator fi·om Florida will ·suspend. The hour of 2 o'clock haYing arrived, the Chair lays before the Senate the unfinished business, which will be stated.

The READING CLERK. A bill (H. R. 7294) supplemental to the national prohibition act.

Mr. STERLING obtained the floor. Mr. BALL. Mr. President--The PRESIDING OFFICER. Does the Senator from South

Dakota yield to the Senator from Dela-ware? Mr. STERLING. I yield to the Senator from Delaware to

submit a request. Mr. BALL. I ask unanimous consent that the bill known

as the rent bill be considered until 2.30 o clock, in the hope that we may get a vote by that time.

The PRESIDING OFFICER. The Senator from Delaware asks unanimous consent that the consideration of the bill known as the rent bill may be continued until 2.30 o'clock.

1\fr. STERLING. Mr. President, I am constrained to object to that request.

The PRESIDING OFFICER. Objection is made. AMENDME:XT OF FEDERAL FAR~I LOAN ACT.

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

Dakota yield to the Senator from Connecticut? ?tfr. STERLING. I yield. Mr. McLEAN. The bill ( S. 1811) increasing the rate of in

terest on farm loan bonds from 5 to 5! per cent has passed the House and has been received by the Senate. The House placed an amendment limiting to June 30, 1923, the time in 'vhich the rate shall be 5! per cent. I understand there is no objection to that amendment. It is very important that the bill should pass as amended. I ask the Senator from South Dakota if he is willing that the unfinished business may be temporarily laid aside while the Chair hands down the bill to which I have referred.

Mr. STERLING. I consent thut the unfinished business may be temporarily laid aside for that purpose, if it leads to no discussion.

:Mr. McLEAN. I know of no discussion· that will ensue. l\fr. FLETCHER. I think it ought to be acted on, and I hope

that the Senate will concur in the amendment. The PRESIDING OFFICER. The Chair lays before the Sen

ate the amendment of the House· of RepresentatiYes to the bill ( S. 1811) to amend the Federal farm loan act, as amended. The amendment of the House was on page 2, line 3, after " annum" to insert ", but no bonds issued or sold after June 30, 1923, shall bear a rate Qf interest to exceed 5 per centum per annum."

Mr. McLEAN. I move that the Senate concur in the amendment.

The motion was agreed to. A~1ENDMENT OF NATIONAL PROHIBITION ACT.

between you and your tenants are not matters of private con- The Senate, as in Committee of the Whole, resu1.0ed the con- · tract between you people, to be settled among yourselves, but sideration of the bill (H. R. 7294), an act supplemental to the those contracts are to be upervised by us, and we will deter- national prohibition act. mine whether they are reasonable or not, and we will deter-~ 1\fr. STERLING. 1\fr. Pre i<lent, I ask that the Secretary mine whether the contracts between the landlord and tenant l}lay proceed with the reading of the bill for action on the com'la\e been violated or not, if the questio? arises in the course mittee amendments.

1!)21. CONGRESSIONAL RECORD- ENATE. 4705 The PRESIDING OFFICER. There is now pending an

amendment of the committee which the Secr~tary will state. The READING CLERK. The Committee on the Judiciary pr<>'

pose, on page 2 in line 4 after the word "contains," to insert the words "separately or in the aggregate/' so as to read:

:Kor shall any one prescribe or sell or furnish on any prescription more than one-fourth of on~ gallon of vinous liquor, or any such vinous or spirituous liquor that contains separately or- in the aggregate more than one-half pint of alcohol, for use b;y any person within any period of 10 days.

PROPOSED REDUCTION OF THE ARMY.

Mr. BORAH. Mr. President, I introduced a joint resoluti<m this morning ( S. J. Res. 96) to reduce the Army to 100,000 enlisted men excluding the Philippine Scouts. I now desire t(} make ·some brief observations with regard to it before it shall be referred to the committee.

We have reached the point where we are compelled to consider the question of whether we are going to raise taxes instead of lower them. The chairman of the Committee on Finance advised the country some two weeks ago that there would be no decrease in taxes this year. The Secretary of the Treasury has now advised us that not only will there be no decrease, but unless there are pronounced reductions in the way of expenditm·es and appropriations there will be an increase in taxes. This, it seems to me, enjoins upon us the necessity of looking about to see where we may possibly reduce expenditure-s.

To increase taxes at this time would be almost a disaster. To fail to reduce taxes would, indeed, be most discom·aging. I know of no way by which we can reduce taxes except to re. duce expenditures. I ha.ve no faith in reducing taxes by reducing the class of expenditures to which so much reference is now being made; that is, by cutting down expendituies in the departments by the dischru:ge of employees, and so forth. I do not criticize that. I think it is very important that we reduce the expenses of the different departments to the lowest possible working point. But it is manifest that, do the veiLY best we may with reference to that class of expenses, we can not hope to. cut enough te m.ake any perceptible effect upon the taxes which we are compelled to le.vy.

There are no places where we can cut to the extent of reducing taxes ·except through the Army and the Navy, and if we are not willing to do that we may just as well say to the country that we shall do exceedingly well if we keep the expenditures and the taxes at the present point and that there is no hope of reduction.

This morning's Washington Post carries a. statement from the Secretary of the Treasury, in which he said:

Without the assurance of substantial additional· reductions in ex· penditures it would be folly to proceed to reduce revenue merely in the hope of reduced expenditures. Even without change in the law, revenue will shrink from natural causes and will shrink aecording to. the present outlook at a faster rate than cmTent expenditures:

The Secretary proceeded to show that expenditures thus far in the present fiscal year had actually increased as compared with those of a year ago. He told the committee that ordinary expenditures for July, the first month of the fiscal year, were $322,000,000, as against $307,000,000 in July, 1920, leaving a

• current deficit of _$113,000,000, as compared with a deficit of $76,000,000 in July a year ago. Of the total expenditures last month $115,000,000 was for the account o:f the Military and Naval Establishments and $32,000,000 for the Sfiipping Board.

Now, Mr. President, we reduced the Army or made provision for its reduction during this session of Congress to 150,000 men, but in my opinion it would be perfectly safe to reduce the A.r.my to 100,000 men. If we do so~ we can c.ertainly cut expenses in that instance to the extent of from $50,000,000· to $10,000~000. I know of no other place, except that of the Navy: and the Shipping Board, where we can make any considerable cut It was thought at the time the bill was before- the- C(}ngress providing for reduction to 150,000 men that it would be practically imI'ossible to accomplish that result. It was supposed that the contracts with the men stood in the way of a reduction. I did not think then, and· I do· not think now, that the contracts, according to their terms, stand in the way of reduction to any extent which the Government may see fit to make. But we need not discuss that, because it now transpires that the men are so anxious to get out of the Army that they are perfectly willing to relieve the Government of any contractual obligation which may possibly exist between the Government and the men.

As I understand, Secretary Weeks, who set about in good faith to carry out the provisions_ of the. law, published a general notice or sent out a general order that anyone desiring to leave the Army should file his application for discharge and that it would be immediately acted upon and he would be given permission to take his leave. As the Senator from Utah

[l\lr. s~roOT] just suggests, that was in continental America. I am also informed that out of twenty-three thousand and some odd men UI>On the Mexican border 11,984 applied for discharO"e. I have seen it stated in the western papers, although I have ;.ot known of it being officially confirmed, that the personnel at Camp Lewis \oted unanimously to apply for the discharge for every man there in the service.

Mr. JONES of Washington. l\lr. President--The PRESIDING OFFICER. Does the Senator from Idal1o

yield to the Senator from Washington? Mr. BORAH. Certainly. l\lr. JO).'ES of Washington. I will say to the Senator that

in talking with the Secretary of War a short time ago I do not remember that he said they voted unanimously, bnt he said they were nearly all applying for discharge from Camp Lewis· so the reports in the paper ru·e no doubt correct. '

Mr. BORAH. According to a statement published in the papers a few days ago we were advised that the reduction of the United States Army to a peace-time strength of 150,000 men would be accomplished by July 31. The resignations literally poured in and caused the Secretary of -war to re\okehis order before the month ended. I have no doubt at all that if we should pass a joint resolution providing for reduction of the Army to 100,000 men and the Secretary of War should recognize the applications which ha\e been made, we could reduce the Army to 100,000 men by the· 1st of October just as easily as we have :reduced it to 150,000 men by the 31st day of .July.

Mr. FLETCHER. M:r. President--The PRESIDING OFFICER. Does the Senator from Iililho

yield to the Senator from Florida? Mr. BORAH. I yield. Mr. FLETCHER. I confess an erroneous impression at the

time the Army reorganization bill was before the- Senate and to have made the mistake of sul)posing that it would be impossible to reduce- the Army without, as our committee was told resorting to strong-arm methods. In other words, I was unde1: the impression-and I got it honestly from the hearings before the committee-that it would be impossible to reduce the .Army to 150,000 men within the time suggested in the Senate without forcing them.

Howe-v-er, I am glad to say that what the Senator from Idaho is stating is borne out by the information which comes to me that the men are making application to be discharged much faster than the Wai~ Department can adjust itself to the new conditions. They have to reorganize units, on account of these numerous applications, in a way that they never supposed would come about. It is entirely possible that what the Senator desires can be accomplished, and the Army can be reduced to 100,000 men without compelling any drastic methods to be adopted.

l\Ir. BORAH. l\1r. President,. I am informed, not officially, but semiofficially, that the applications now on file, or the applications which were received up to the time when the Secretary revoked his. order, if accepted would reduc-e the Army now to 100,000 men .

So we ha-ve this situation: An Army of 150,000 men reduced easily under the law which Congress passed, with. applications for discharge pending which w<tuld reduce it to 100,000 men. The simple questio~ therefore, and the only question that Congress has to determine is whether in times of peace and under the economic conditions which confront us we can afford to :reduce the Army to 100.000 men.

Mr. NELSON. Mr. President, will the Senator from Idaho yield to me?

The PRESIDING OFFICER (Mr. WILLIS in the chair). Does the Senator from Idaho yield to the Senator from Minnesota?

M.r. BORAH. I yield. Mr. NELSON. I wish to call the Senator's attention to the ·

faet that we probably have a complem~mt of officers now sufficient for 500,000 men. Merely discharging the privates will still leave u.s with a top-heavy body of officers whose pay is immense. The pay of the supernumerary officers would amount to more than. that of the privates, and unless we could reduce the corps of officers commensurately with the reduction in the number of privates we should not get full relief.

Mr. BORAH. I am coming to that. I thank the Senator, however, for the suggestivn. But the- reduction of the Army to 100,000 men woul6 of itself reduce the expenses of the ~<\.!'my from sixty to seventy million dollars. That would be the direct reduction of· expenses, but the indirect reduction would be much larger. There are savings which could be made by t·ea on of the cut in other ways. It would be safe to say that from

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4706 CONGRESSIONAL RECORD-SENATE. AUGUST 5,

seventy-five to one hundred million dollars could be saved merely by the reduction of the Army to 100,000 men.

As indicated by the venerable Senator from Minnesota [Mr. NELso.-] we have 14,000 commissioned officers in the Army, and if I carry the figures correctly in my mind the expenditure for those officers in the way of salaries, and so forth, aggregates about from fifty-three million to fifty-four million dollars annually.

l\fr. President, it seems perfectly ludicrous to say that we need 14,000 commissioned officers for an Army of 150,000. The 14,000 commissioned officers were provided upon the theory of maintaining an Army of frpm 280,000 to 300,000 men. In fact, I was advised by an officer of the Army lately that we had a sufficient Army organization, in the way of officers, for an Army of 400,000, if not for an Army of 450,000 men. We have here in the city of Washington, according to the telephone book-the nearest information that I have been able to getfrom 1,750 to 2,000 officers. We have in Germany, with the Expeditionary Force there, in round numbers, about 500 officers. What we should do, if we are go:ng to reduce expenditures, is to set about with the same zeal and vigor to reduc~ the Army and give it the same attention and study for the purpose of reuuction that we set about to increase it when conditions required it to be increased. I feel perfectly sure, if the Military Affairs Committee, with its very able chairman, will give this matter the attention which t11ey would undoubtedly give it if a different exigency confronted us-that is to say, if it were necessary to increase it-that we can safely reduce the Army to 100,000 men, and we can reduce the commissioned officers of the Army so as to save $25,000,000 to $30,000,00Q in that particular instance.

Here, Mr. President, would be a saving of $100,000,000 or $150,000,000. Will some Senator tell me where else we may make a cut and secure a saving of such moment?

We are confronting the proposition of either reducing the Army and building up a different organization, or we are confronted with the proposition, as the Secretary o£ the Treasury tell us, of increasing taxes this year. Mr. President, this is not a party matter, and yet such questions appeal to us because we are responsible for this situation. We are in power; we are in control; and as a mere matter of prophecy and by no means as a threat-which it could not be-l venture to say that if we maintain the Army at 150,000 men, with 14,000 commi ·sioned officers, and increase taxes this year, we shall have a much smaller membership in both bodies of Congress after the next election than we now have.

It is not a theory, but it is a condition which confronts us. There is nothing which is now of so much concern to the people of the country as to know whether or not they are going to get any relief from these ever-increasing expenditures. It is up to the party in power to devise some means or methods by which to do it.

Does anyone feel that we shall be insecure with an Army of 100,000? It is conceded that we are simply maintaining an Army for police purposes, as it were; it is conceded that our Army would be wholly insufficient and that we could not rely upon it if we were in expectation of trouble even with Mexico, or with any other country. Fortunately we are not in expectation of any trouble, but we are maintaining the Army solely for police purposes. One hundred thousand men, in my judgment, will be just as efficient, will meet the situation with as much security to the order and safety of the country, as would 150,000 men.

1\lr. President, we have 14,000 men in Germany. One of the solemn pledges made to the voters in the last campaign was that the Army would be brought out of Europe just as soon as the new administration could issue the order. That pledge was repeated more than once in the campaign, and it was thoroughly understood. I think that that was a pledge which is within our power to fulfill. I would not expect a party pledge to be cal·ried out if conditions were changed, if circumstances were different, but if conditions have changed and if circum. stances are different we ar~ uninformed as to the change.

there be, so far as official duties are concerneu, for 500 o!Iicer, when they serve w_ith only 14,000 soldiers? According to the report of the Secretary of War, we had in Germany under date of July 26, 1921, commissioned officer , 480; warrant o!Iicer 20; enlisted men, 13,241. I have stated the number at 14 000 ~ that is true, in round figures, but I give the exact figures here: That makes a total of 13,785 altogether.

These figures are taken from a report of June 30, 1921, which is the latest available. The total cost of keeping these troops in Europe from December 18, 1918, to April 30, 1921, the late t date available, has been $275,324,192, an average of $966,049.80 per month. It is costing us, therefore, about $1,000,000 a month to maintain this army in Europe-a much larger amount than would be necessary to maintain the same number in the United States.

On April 30, 1921, the balance due to the United States by . Germany for the maintenance of this army was $240,744,511.89. So, as a matter of fact, w:hile Germany is responsible for the cost, at present it is all coming out of the taxpayers of the United States and the amount is growing all the time. It is no relief to the taxpayer to say to him that Germany is responsible, when Germany does not respond and Germany can not respond at the present time.

I should like to be advised by some one who is more familiar with the subject than myself as to what possible advanta~e, either to the United Lates or to the security of Europe, the expenditure of this $1,000,000 a month is. If i£ is of no advantage, certainly in the interest of economy we should stop the expenditure as soon as possible. .

I desire to say further, 1\fr. President, that, even if Germany were able to respond within any reasonable time, there is no reason why we should put upon Germany any unnecessary expense. If it is unnecessary to maintain American troops in Germany, it is unreasonable to put that expense upon Germany, and, in a sense, it is unjust. All Europe is interested in the recovery of Germany as an economic unit. Europe will not be restored to normal conditions until Germany is restored economically. Until the German question and the Russian question are solved, until the 160,000,000 people in Russia and the 70,000,000 people in Germany are back to economic normalcy, we can not hope for any recovery of normal conditions throughout Europe and, indeed, throughout the world. Not, therefore, as a question of justice.or injustice alone, but as a question of assisting in the restoration of economic conditions in Europe, we should take from Germany every dollar of expense that it is not ab olutely necessary to put upon her. ·

Mr. BRAl.~DEGEE. 1\Ir. President--The PRESIDING OFFICER. Does the Senator from Idaho

yield to the Senator from Connecticut? Mr. BORAH. I yield. Mr. BRAl.'IT>EGEE. Has the Senator any information as to

why our governmental authorities consider it necessary to maintain 14,000 American troops in the Rhineland when France has an army of 800,000 men?

Mr. BORAH. No; I have no information about that which I could give the Senator, but, like the Senator, I have a Yery strong opinion that it is unnecessary.

1\fr. FLETCHER. Mr. President--The PRESIDING OFFICER. Does the Senator from Idal10

yield to the Senator from Florida? 1\Ir. BORAH. I yield. Mr. FLETCHER. I assume the Senator understands they

are there by agreement with Germany. Whether they are there at the request of Germany is another question.

Mr. BRANDEGEE. I have seen it stated in the public prints by correspondents re iding abroad that our troops there were very well contented, and that they liked it, and that the Germans liked to have them there in prefel'(mce to the troops of other nations. I assume that when they originally were placed there it was done by due authority and for a proper purpose, just after the armistice; but I am· at a. loss to understand why the necessity for their maintenance there now exists, and I am simply seeking for some light, hoping that the department may inform us. I was under the impre ion that some resolution had been adopted by the Senate within the last few weeks asking the War Department or the President to aa.. vise us why it was considered neces a1·y to maintain those troops there, or whether it was considered necessary, but I am not sure. I think such a resolution was passed.

What possible benefit do we receive from having 14,000 soldiers in Europe? What possible advantage is it to the United States? 'Vhat property have we there to secure? What interests haYe we there to protect? On the other band, what po ible security or what llOSSible advantage is it to any European power to have iliem there? Does anyone think that it is nece sary to maintain soldiers in Germany under present conditions in order to insure peace or prevent an outbreak on the part of the German people?

Mr. BORAH. . No; the resolution simply called for the number of troops and the expenditure, and how much Germany wa

mo- indebted to us for ·keeping them there. It did not call for the can reasons for keeping them there, because I felt that in all

'"e not only have 14,000 soldiers there, but, as I said a ment ago, we have about 500 officers. What possible use

• 1$}2J . . CO~GRESSIONAL RECORD-SENATE. 4707' probability that would embarrass -a reply to the resolution, and I wanted the other information.

Mr. BHANDEGEE. I do not think it would emban-ass anybody. I do not think it ought to embarrass the administration, for it seems to me that three years after the war is over the American people are entitled to know, without anybody being embarrassed, why an American Army is being maintained abroad in Elll'ope, what the necessity for it is.

Mr. McKELLAR and Mr. FLETCHER addressed the Chair. The PRESIDING OFFICER. Does the Senator from Idaho

yield ; and if so, to whom? Mr. BORAH. I yield to the Senator from Tennessee. l\Ir. McKELLAR. Mr. President, after the passage of the

peace resolution was it not the idea that the soldiers in Germany should be at once returned, and that it should be illegal, or almost if not quite an act of war, to keep them there after the peace resolution passed? As I understood that was one of the arguments in favor of the so-called Knox~Porter resolutionthat it would mean the withdrawal of our troops from the Rhine.

1\lr .. BORAH. I do not know that the Senator's question call for an answer, but it may call for a comment. I think that we should have withdrawn our troops prior to the passage of the resolution, and I do not think the passage of the resolution presents any reason why they should not be withdrawn after its passage.

1\Ir. McKELLAR. I agree \'.'ith the Senator about that; and I think it would saYe us an enormous amount of money to withdraw them.

Mr. BOHA.H. In other words, it is suppo ed in some quarters that the passage of the resolution did not have any effect one war or the other. It is not necessary to argue that, but it certainly did not present any reason for keeping them there.

Mr. McKELLAR. I do cot believe that the Attorney General has yet reported as to whether the peace resolution had any effect or not. I understand it is still in his hands to determine whether or not it actually had any effect.

Mr. BRANDEGEE. Mr. President, if the Senator will allow me, I have no such understanding. I do not know where the Senator gets his understanding. · Mr. McKELLAR. I get it from the newspapers, saying that the resolution is still in the hands of the Attorney General for a report as to what its effect is; and I also get from the newspapers the statement that the administration contemplates entering into a treaty of peace with Germany. I read that in the Ne"~ York Tribune, which is a well-known Republican journal.

1\lr. BRA.NDEGEE. Yes; very. l\ly understanding of the situation was that the Attorney General was not to give an opinion as to the effect of the Knox re olution, but that he had been requested to advise the President whether it would be advisable for him to i ~sue a proclamation stating that Congres. had passed such a resolution; but I do not think our understandings from what me!1 write in newspapers are a very sound basis for international arguments. -

l\fr. ~fcKELLAR. I am glad to ba\e the explanation of the Senator. I did not know that it bad any result at all; and, whether claimed or not, I have not seen · any effect of it. Surely the only effect that seemed pos ible under it was to withdraw the troops, and the troops have not been withdrawn.

lHr. BRA.._"'\'DEGEE. The Senator, I know, belongs to that school which considered the joint resolution of Congress which bad declared war and then stated that we were a.t peace to be a mere idle gesture; but I think the Senator will in due time perceiYe the effect of the resolution.

:.\Ir. :McKELLAR. I hope so. 1\lr. STA.i~LEY. 1\fr. President--The PRESIDING OFFICER (:.\Jr. LENROOT in the chair).

Does the Senator from Idaho yield to the Senator from Kentucky?

Mr. BORAH. I yield. Mr. ST~'LEY. If the passage of the Knox resolution in no

way affects the status of this country as to the moral or legal right to maintain an army in the territory of the countries with which we are alleged to be at peace, can the Senator point to an:r difference whatever in our relations with Germany from tho. e that existed before the passage of the resolution?

1\Ir. BRA.NDEGEE. Why, yes. Irrespective of what effect it has upon our right to maintain an army abroad, in my opinion there can be no question that the passage of the Knox resolution produced an official status of peace between the United States and Germany. That is my opinion. If it did, then I fail to perceive our autho1ity to maintain an army in Germany; but e\en if Germany consents to it, I myself do not see what authority we ha\e to order troops into a foreign country, even with the consent of the foreign country, in time of peace. I do not know what purpose our troops are serving in Germany,

and I do not appro\e of it. I expressed the opinion to the Senator from Tennessee, at the time we passed the Knox resolution, that the army ought to be withdrawn, and I had a confident hope that it would soon be withdrawn, and I have not abandoned that hope.

1\fr. McKELLAR. In which hope I heartily join the Senator from Connecticut. ·

Mr. BRA.i,DEGEE. I do not know but that the matter is in process of carrying out now. I do not know. I suppose that even if the War Department and the President have made up their minds to withdraw that army \ery quickly, it is conside~·able of an enterprise to make the proper preparations to withdraw such a large force across the sea.

l\1r. ST.lliLEY. As I understand, the Senator from Connecticut and the Senator from Idaho take different views about the effect of this resolution upon our moral or legal right to maintain these troops in Germany. As I understand the Senator from Connecticut, be is of the opinion that we are officially at peace, and, if we are officially at peace, certainly we hav~ no moral, if any legal, right to maintain an army within the territory of a country with which we are at peace, officially or otherwise. _

l\Ir. BRANDEGEE. I do not think myself that the question· of morals enters much into the military business, but there is a question of our legal right to maintain an army across the seas.

l\Jr. STAN"LEY. Does not the Senator think that the question of morals ought to enter into the conduct of the Government in the disposition of an army?

~Ir. BRA..."'\'DEGEE. Of course, I think morals ought to enter into everything, and do; but I ~\now of no basis upon which to arri\e at a logical conclusion about whether or not we have a moral right to maintain these men abroad.

l\fr. BORAH. Mr. President, what I bad to say, to which the Senator from Kentucky referred, was this: We had a perfect right to withdr~w the e troops from Germany before the official status of peace was declared, if we desired to do so. If the Knox resolution has had the effect of declaring an official state of peace, we still have the right. In other words, the Knox resoJution, from my viewpoint, bas nothing to do with either our right or our duty to withdraw these troops from Germany.

l\lr. STA1'-."LEY. l\Ir. President--The PRESIDING OFFICER. Does the Senator from Idaho

yield to the Senator from Kentuckry? 1\Ir. BORAH. I do. l\lr. STAKLEY. Is the Senator of the opinion that the passage

of the Knox resolution and an official status of peace, as far as this country is concerned-of course it can not affect Germany-would add to the obligation of this Government to remo\e those troops, if it had any effect whatever?

l\1r. BORAH. It might add somethtng to the obligation in a sense, but I do not care to discuss the question of the effect of the Knox resolution. I recogni4ed the fact that we were, as a fact, in a state of peace, and the mere technical condition which existed did not disturb me in the least. I was perfectly willing to vote for the resolution in order to have that official statu declared, but for all practical purposes we could haYe gone ahead and done what we ought to do now without its passage. The fact is that the conditions were brought on by reason of the fact that the Versailles treaty was not satisfactory, and a condition arose in which apparently there had to be a declaration of an official status of peace, and the Knox resolution did it. As far as the subject with which I am now concerned is touched by it or controlled by it, I do not think it bas any particular effect upon it. . It does not from my standpoint.

Mr. President, I do not know what the President's program is for withdrawing these troops from Germany. I am not seeking to criticize. I only say that as a Senator whose duty i~ is

·to find some way by which to reduce expenditures I see in this program some way of reducing them; and I sincerely hope that the e:s:ecutiYe department, if it bas not already taken steps, will take steps immediately to withdraw these troops from Germany, reduce the expenses in that particular as far as possible, and that it will then cooperate with the Congre s in reducing the number of the Army in the United States.

The newspapers carry to us from day to day, 1\Ir. J?resident, the proposition that Congress must reduce expenditures, and the Secretacy of the Treasury adyised Congress upon yesterday that Congress must reduce expenditures. Of course, primarily, the responsibility is upon Congress. That is correct. Primarily, no one except the Congress can do that; but it would be misleading to the country if it were assumed that Congress could do this without the cooperation and the fullhearted aid and support of the executive department. I want to say to Mr. l\fellon and those who are interested in curtailing

•

4708 CONGRESSION.Al.J REOOR.D-SENATE. AUGUST 5,

expenses that in order to bring about a curtailment of expenses we must ha-ve the hearty cooperation of the executive department. Congress would have cut the Army to 100,000 men at this session in my judgment if it had not been for the opposition of the executire depatiment, and Congress would have cut the Nary $10,000,000 in this Senate Chamber had it not been for the opposition of the executive department. It was only by determined effort on the part of Congress in opposition to the executive department that we reduced the Army to 150,000. Therefore, in order to have a program of reduction and economy, it is not sufficient to say that Congress must act. There must be cooperation and complete cooperation upon the part of the executive department in order that we may accomplish these things.

If the President, therefore, will assist us, or if he will not oppose, through his Secretary of War, the reduction of the Army to 100,000 men, I venture to say that the Congress will pa s a measure bringing about such a reduction without any considerable delay.

Ur. FLETCHER. l\Ir. President--The PRESIDING OFFICER. Does the Senator from Idaho

yield to the Senator from Florida? Mr. BORAH. I yield. l\Ir. FLETCHER. May I ask the Senator if he thinks any

action by Congress is necessary to bring the Army away from Germany?

Mr. BORAH. I do not think so. 1\lr. FLETCHER. It seems to me that that is entirely

within the Executive authority. 1\Ir. BORAH. Yes; I do not think th'ere is any necessity.

for any congressional action. l\Ir. FLETCHER. I agree with the Senator that there is

no reason justifying the continuance of that Army there. Even if Germany is obligated to pay the expense of it, we ought not to impose that expense upon Germany, and I believe we ha-ve no right to maintain that Army there. I quite agree with that; and, as I say, I can not understand that any action by Congress is needed in order tu relieve that situation.

1\Ir. BORAH. The thought which I was see~g to accentuate, therefore, when the Senator interrupted, was the mere fact that if this program is going to amount to anything at all it must have the hearty approval of both the executive department and the Congress. Having been interested in these matters for months I will be pardoned for saying the failure to reduce is not wholly; with Congress. •

:Mr. President, we have called a conference for the purpose of disarmament, or of limitation of armament; and I can think of no more encouraging fact prior to the convening of that conference than the fact that the United States, with its 110,000,000 people, had reduced its Army to 100,000 men.

Mr. McKELLAR. 1\lr. President--The PRESIDING OFFICER. Does the Senator fi•om Idaho

yield to the Senator from Tennessee? Mr. BORAH. Just a moment. It would be notice to the

entire world that the United States is acting in the best of faith with the view of actually reducing these expenditures for armies and navies.

There is no· possible reason ·why we should not give a manifestation of that faith upon our part, and let it have what effect it will as a moral proposition in leading other nations to

. believe that this matter is in good faith upon our part. Mr. McKELLAR. Mr. President, I agree with the Senator

from Idaho that the cutting· down of the Army· just prior to the call of the conference was a hopeful sign. But I want to ask the Senator from Idaho if he read in the morning paper that Great Britain, which is, in the minds of many, a povertystricken country, through its House of Commons, had ordered a new naval building program of four battleships, after the conference had been called to reduce armaments? Does the Senator think that is a hopeful sign? I would like to have his views on it

Mr. BORAH. I may refer to that a little later, as I am going to discuss the Navy in a few moments.

Mr. STANLEY. Mr. President, it is not my purpose to divert the Senator from Idaho fi·om the argument that he is making, but right at that point there seems to be a general impression when disarmament is mentioned that it refers to the curtailment of the naval programs of the several nations pursuant to any agreement which may be entered into. Does the Senator believe that a curtailment of the navies of the several countries which maintain large navies, without a contemporaneous curtailment of the land forces of those ·countries, is material in the maintenance of peace, or in the cutting down of the inordinate expenses due to the preparations for war by those several

countries? It strikes me that of the two the more dangerous and the more expensive, in the long run, is the maintenance of enormous land forces.

~Ir. BORAH. Mr. President, let me give the Senator an illustration. I think he will see the viewpoint of the Senator fi·om Idaho through an illustration better than in any other way.

Of course, if we could have a curtailment of land armament, of appropriations for the purpose of. maintaining military forces, along with the curtailment of naval expenditures, that would be what everyone would desire; that would be the consummation for which we would all pray.

But suppose it should transpire that, owing to existing conditions in Europe, we can not get land disarmament. The question then is, Shall we give up- hope of curtailing expenditures on naval armament until the conditions in Europe permit of land disarmament? I do not think we should. For instance, France to-day has 800,000 men in her army. As a matter of fact, she bas 1,600,000 subject to call. But she has actually in her army 800,000 men. But if the Senator we1·e called upon to vote upon my joint resolution to-morrow, he would not care whether France had 800,QOO or 1,000,000, so far as the reduction of our AI·my to 100,000 men is concerned. Neither would he care whether Italy has 300,000 or 100,000. Neither would he care whether Hungary had 300,000 or 30,000. It would not concern the Senator in the least, and I doubt if it would be any concern to the Senator, so far as reducing our Army is concerned, whether Great Britain has 300,000 or 100,000 men.

But if France, instead of 800,000 men in her land forces, were building a navy proportionately strong, tL _ Senator from Kentuc1.."Y would not consent to reducing our naval building program. I-t makes all the difference in the world, 1\!r. President, to my mind. In fact, Ur. President, it may be said with a good deal of certainty that the late war was largely the result, not of armies being increased and augmented but the result of the continuous competiti're building of navies between Ger-many and Great Britain. '

Suppose we take Japan, which always comes to the front in these discussions. I doubt if there is a Senator in the Chamber, unless he has looked it up, who knows what sized army Japan has. But we know what ized navy Japan has, and we know next morning when there is an increase in the building of that navy. If there is an airship added to the Japanese Navy, we know it. We give concern to it. We are interested in the proposition. If there is a naval base established somewhere in the islands of the Paeific to which Japan is givinr; attention, we know that, and we give narticular attention to it. But if she adds 50,000 or 100,000 or 150,000 men to her army, we pay no attention to it at all. It is not a matter which excites interest Of course, as an economic pTOI.lOSition it would be greatly to the interest of the United States to have land forces in Europe and Japan and everywhere reduced. But as a matter of our security we give little heed to the size of the armies. But vastly different is it as to the navies.

So I say, Mr. President, without going into that old discussion again, upon which my views have been expressed heretofore, I think that if we should be unable to secure land disarmament it is of the highest moment, for the peace of the world as well as for the better economic condition of the world~ that we secure all the cut in the naval program we can possibly secure.

I want to say a word about that before I sit down, Mr. President. I have occupied the floor now longer than I had expected to. We are expending now about $400,000,000 upon the Navy, and since the experiment off the Virginia coast I have been convinced that we are expending at least $240,000,000 of it in a way that will not add any security to the people of the United States. The experiment off the Virginia coast demonsb.·ated that which the best minds in the naval life of England has asserted for the last year and a half, that the battleship is practically obsolete. It has at least demonstrated that the type of battleship which we are now building will be obsolete within the next two or three years at most.

It may be possible to contrive some kind of a battleship, to improve the type in some was, so that it will still have its place in a modern, efficient fighting navy. It may be possible to do so ; but t1.1at experiment has certainly demonstrated that the type of battleship which we are now building is not that kind of a battleship and that we will have to reconstruct and reorganize our entire method of building battleships.

Mr. President, it is now admitted that instead of building a Navy for the purpose of protecting the United States and giving security to the people of the United States, in view of the exneriment off the Virginia coast we must now devote our money and our time and attention to building a Na.vy which will pro~ teet our battleships.

1921. CONGRESSIONAL RECORD-SENATE. 4709'

We are building 16 battleships, costing from $40,000,000 to $42,000,000 apiece, and in less than 30 minutes, as Gen. Mitchell told us he would, they sunk the ship which Von Tirpitz said was an unsinkable ship. Yet the airplane de-velopment is just beginning. It is just in its youth. Nay, more, it has not accomplished "anything compared with what it will accomplish, according to those who are informed, even within the next year. Yet we go forward . building these great battleships at this enormous expense, knowing that inside of two years the airplane will ha-ve rendered this particular type of battleship absolutely worthless as a defensive proposition.

Mr. President, there are six of those great battleships of the Indiana class, costing from $40,000,000 to $42,000,000 apiece to build, upon which very little work has been done, upon which a very small percentage of building has been accomplished, and if we want to sa-ve, would it not be wise to discontinue the building of those six battleships of the Indiana type; not only to slow do"n, as I understand the order has already been gi-ven-not only to slow down, but to abandon and clean up the contracts? If it costs us $10,000,000 to clean up the contract, very well and good; we will have saved $230,000,000 or more by doing that. If it costs us $40,000,000 or $50,000,000, we will have saved $200,000,000 or more by doing so, and in my opinion, unless we are willing to do that, Mr. President, unless we are willing to cut the Army to 100,000 men and· reorganize the official organization of the Army, and unless we are willing to take the lesson which we ha-ve had given to us off the Virginia coast, and discontinue the building of at least six or eight of these battleships, there is no place where we can cut any expenditures that will amount to anything considerable. ·

l\Ir. S:~HTH. Mr. President--The PRESIDING OFFICER. Does the Senator from Idaho

yield to the Senator from Soflth Carolina? l\Ir. BORAH. I yield. l\1r. SMITH. Was the type of vessel sunk off the Virginia

coa t of the type that the Senator is now asking that we discontinue?

Mr. BORAH. Not exactly the type; but I call the Senator's attention to what I just said, that the great German admiral said that the ship which was sunk off the Virginia coast in about 21 minutes was an unsinkable ship.

l\lr. SMITH. So that, for all practical experimental purposes, the ship that was sunk was practically as well protected against the attack of airplanes as the ones we are now building?

l\1r. BORAH. I am informed by those who are in charge of the sinking business, the Air Service, that they could sink any ship we ba ve or are building just as easily as they sunk this ship. But when you get into the ·details and the expert kno"ledge, I must rely, of course, entirely upon what others say.

l\lr. SMITH. The only point 1 wanted to get at, and about which I wanted to be satisfied, was whether the Navy people, who were carrying on this experiment in conjunction with the airplane people, had this -vessel of such a type and so armored that the experiment would gi-ve us some satisfactory data . .:3 to \\hat would be the effect of airplane attacks upon the ships we are now building, and I thought perhaps the Senator was reliably informed as to the character of the protection which the one that was sunk had in comparison with the protection of those we are now building.

l\Ir. JONES of Washington. Mr. President, I had the privilege of seeing the bombing of that German battleship, and I heard some of the expert naval officers talking with reference to that ship and the character of its construction before it was sunk, and one of them said that, in his judgment, it was a thousand to one that the ship would not be sunk by the bombing. He was thoroughly acquainted with the character of the con~ struction, with the water-tight compartments, and all that sort of thing; and yet, as the Senator from Idaho has said, within 15 or 20 minutes from the dropping of the first 2,000-pound bomb the ship was sunk.

l\Ir. SMITH. 1\!r. President, I beg the pardon of the Senator from Idaho for taking his time, as I do not care to break the continuity of his argument; but unless we could be sure, or unle s those of us who are charged with making this appropriation could 1.11ow, that the character of the ship sunk was of the character of those we are now building, and for all practical purposes as well protected and as well constructed it seems to me the experiment would not prove anything at ~II. If they took some obsolete type of ship and carried it out there and bombed it and sunk it, that would not spell anything to those who are charged with providing an efficient Navy.

1\!r. BORAH. They all concede it had a powedul effect upon -the program for the vessels we are now building, and that those we are now builtling must be protected in some other way than in the manner in which they have b~n protected heretofore or they will go the same way.

Mr. McKELLAR. As I understood the Senator, he said that battleship was sunk in 21 minutes. · According to newspaper accounts which I read of the sinking

of the ships, one of them, a small vessel, was sunk with comparative ease, while the second, a battleship, took considerably longer. My recollection is the newspaper accounts said it took two days with constant · bombardment of the one vessel floating out there, with no ability to protect itself. I do not know about that. I just read the account in the paper. I should like to have information about it from the Senator from Idaho, who is a member of the Committee on Naval Affairs.

:M:r-. BORAH. The Senator is mistaken about the last proposition. When the aircraft people were given opportunity to deal with it as they desired to deal with it, and to bomb it as they desired to do, they sank it in less than 30 minutes. ·

Mr. McKELLAR. That was the last ship? Mr. BORAH. Yes. Mr. McKELLAR. The newspaper account which I read was

"holly mistaken then, because that account stated they were bombing it for two days before they finally sunk it.

l\Ir. BORAH. They were throwing some small bombs for a couple of days, but when they threw the big bomb they just threw one and it did the business.

I wish to say another thing which I think it is not at all improper to say. In a conversation with the aircraft men, two of them who were familiar with the situation and knew what was going on and what did go on, said if they had been permitted to do this experimenting under rules and conditions which would obtain under ordinary fighting conditions they would have sunk it even more readily than they did. In other words, the most fa-vorable conditions that could be established for the battleships we1;e established, and the rules under which they were operating were as favorable to the battleships as could be, as they contended to me.

Mr. McKELLAR. I have the same thought about aircraft that the Senator has, that its future is very great, and that it perhaps will put the battleships out of business. But in the interest of fairness it does seem to me that the sinking by bombs from the air of a vessel that is just lying out in an open place where they have an unlimited chance to hit it is very different from attacking a vessel manned by a competent force and able to take care of itself. That is the thought that goes through my mind, in fairness to the other side of the question.

Mr. BORAH. It is not a question of fairness. It is a question of getting accurate information.

Mr. McKELLAR. I mean accurate information. l\Ir. BORAH. It is immaterial to me whether the aircraft

men or the Navy men won. It is simply a question of getting accurate information.

I have here an ·editorial from the New York Times based upon this experiment, written within a day or two thereafter in which it is said : '

Of the sinking of the former German dreadnaught Ostfriesland by Army aviators, Gen: Williams, Chief of Ordnance, said: "A bomb was fireq, to-da.v that W1.ll be heard at·ound the toorld." He added : " The cap'ltaJ shtp now faces a new menace that must be guarded against by every possible study and effort." As the practical way to guard against that menace is to acquire an air force equal or superior to that of any other sea power, it devolves upon Congress to SUPJ?lY the necessary appropriations. The alternative, it should be emphasized is limitation of armaments by agreement with other nations. '

Naval men who held that the heavily a1·mored battleship toould withstand assaults f1·o-m the air and rematin afloat have been confounded It toas only a question of the ea;plosive power of the bomb used.. •

Mind you, they claim that they will be able to throw a bomb with three times the power of the one which they threw upon this particular occasion.

B'rig. Gen. William MitcheWs dictum that u the air force 'Will constitute the first line of defense of the country" no longer seems fanciful to open-mjnded champions of the capital s1lip. They must admit that the ~ests off ~e Virginia Capes support this contention of his:

"A nahon uneqUipped to concentrate her whole air force over the water, if the decision lies there, can just as well leave her navies tied up to the wharves instead of sending them out to certain destructiou against a hostile country equipped for this purpose."

If there were war to-tnotToto with a sea-ana-ai1· power possessing stoift airplane carriers and a weU-train.ed and numerically strong aviation corps, the United States fleet could not face the risk of putting to sea, and it would be in great danger of being sunk at its moorings. Little comfot't can be got out of the -vieto that under service conditions the u OsttriesZana" tliould probabl11 have escaped destnwti on. It 2,000-pound bombs dropped near a dt·eadnaugllt open her u seams n and make a sinking hulk of her, she will always be i n danger night and day in a sea campaign. Antiaircraft guns are not to be depended upon ; they register too many misses, and when a squadron of planes concentrate for an attack the battleship will always be at .a great disadvan~.1ge.

4710 CONGRESSIONAL RECOR.D--SENA1E. .._~UGUST 5,

Besides, it must.be considered that tohile the htuZ m.ay avoid for a time • sllook.s that would send it to the bottom, the crew cottld. not lwe on its

(leek during a bombardment. Add gas sheUs to the 01-clinary rending e~rplosives, and tlt e cllances of the comPlement ot tl~e ship would be desperate, almost nil.

'l'tcenty-one minutes ot attac1.l sutfleed to sinJ~ the onc6 torm.idablc rr Osttr·iesland,'' and the seven 2,000-pound bombs tltat senti her down toere drop1Jeil, 1tot by sailors in seaplanes but by soldiers who llad '(toton 100 miles (rom an inland air field to the rendeZ'V01U I It was no1 necessary to bttrst het· deck open. The bombs that ea:eot&tea s~ntence of deatl' upon her were dropped alonl78ide. Who· on bowrd coula haw survived the dispu.tive power of tlLose e~losives1 Tha achievement wa.s a great tritunph tor the intelligeut, stro11g-wille-d, f'et"Bistent asststant chief of the A.r-m.y Air Service, a leader who asks nu subcwdinate to take any [Jt'8atcr mks than he iB 101l1i.l1g to face hi·m8elf. * ~- *

In a. contribution to the May World's Work, Admiral Sims said: u If tlte claims ot t~ airp.lan_e aclvocatt:s can be t·ealized~ it mea~s that anv batt1esllip 9pera.tmg wdh.m th.e radut.s of planes wlu.ch are m control ot the air tot1Z be disabl6cl or dedroved."

This was written before the test. If those claims have not been fully realized. no fair-minded officer

will now argue that the acquisitio~ of !l formidabl~ naval air. foree is not more important than the completion of the .:.-year caPital ship construction program.

Mr. President, without assuming to say that the battleship is absolutely obsolete and can never be made effective· by any changes which may be made or any different construction which may be had, it does seem to me conclusively established that to go forward and build these battleships at this time until this testing proposition has been carried to its final conclusion, until we know what is needed, what kind of battleship wiU stand it, is a mere sheer waste of money. No man in the Senate, as a business man, a member of a corporation, a stockholder, or having anything to s.ay with reference to the expenditure of his money upon that kind of .an enterprise,. would consent to it for a moment.. He would say, " Let us know whether we are putting $42,000,000 into each one of these shiPs that can be sunk in 21 minutes before the aircraft service bas even reached what it contends is its first period of success in these matters.~'

1\l.r. President, if we should discontinue the b~ldi.ng of the six battleships we could there save an expenditure of at least $240,000,000. I see no other way by which to reduce the expenditures upon the part of Congress.

The Senator from Tennessee [Mr. McKELLA..R] spoke a few moments ago of the fact that England had ord~red, I think, four superdreadnaughts. That is another reason why we should stop.

llr. NICHOLSON. Mr. President--Yr. BORAH. In just a moment. If the naval experts are

correct, the battleships which we are now building will not be able to contend with the extraordinary ships which England is building; in other words, they will be in a measure obsolete as against those ships. It is just the same program that took place between Germany and England from 1898 to 1914. One country would put out a battleship. The other nation would put out a larger or stronger or greater ship. The ship which had just been put out by the former natien had then become practically obsolete, so they had to build another ship a little superior to the German ship, and then the German-Navy would build a ship a little superior to the English ship. They kept on at that rate from 1898 to 191.4, one year rendering the ships of the previous year practically obsolete against the improvements.

I now yield to the Senator from Col<rrado. Mr. NICHOLSON. Under the· Senator's reasoning would it

ever be possible to land an army on foreign soil, provi.ded th4t the N.ati{)n spent sufficient money to have airpl.an.es capable of carrying the bombs of which the Senator speaks?

Mr. BORAH. The Senator has suggested a very important proposition. An admiral stated to me a few days ago that net only the expe-riment oft the Virginia roast demonstrated. that the battleship as it is now being built is practically obsolete but it demonstrated furt.he1• that with sufficient a.irplane and submarine protection this. country was· perfectly safe from attack from any other country.

Mr. JONES of Washington. Mr. Prnsident--The PRESIDING OFFICER (Mr. McNARY in tbe chair).

Does the Stmato1· from Idaho yield to the Senato1· from Washington?

lli. BORAH. Certainly. Mr. JONES of Washington. This shows, too, that while pos

sibly the airplane would not do vital damage to a battleship by striking it on th~ deck, yet it would absolutely destroy transports carrying troops.

Mr. BORAH. Yes. Of course, Mr. President, it might be inferred from something I have said that I would like to see our naval building stop entirely, regardless of what other nati'Ons oo~ I do not take that position. I do not wish that to be liDdeTstood. What I say js that we are putting this vast amount of money into these ships without getting any corre--

sponding security and without getting :my safety uch as we are entitled to have for that amount of money. We had infinitely better take $40,000,000 out of these battleship expenditures and put it into airplanes and submarines if we want real security and real safety. I do not think in the building of battleships we are ghing our country any ~ecurity or any safety at a~ comparatively spea.king.

Mr. McKELLAR. Mr. President--Mr. BORAH. I yield to the Sen.a tor from Tennessee. Mr. McKELLAR. The Senator was interrupted a while

ago and did not finish answering my question that he was good. enoogh to say he was going to answer. My question was wh~ther he thought the passage of a law by the English House of Commonst after they had agreed· to take part in a disarmament parley in the fall', providing fo.r the· construction of four additional battleshipst augurs well for any tangible result from the disarmament conference that we are to have and which I think is most desirable, of course.

Mr. BORAH. I tfiink I can see England's viewpoint. We are building 16 battleships. England had not laid a post-Jutland battleship since the war. She is an island nation. It is not extraordinary, in view of our immense building program, tllat England sho11ld see fit to go ahead and put out additional ships. I have no doubt that is the viewpoint from which she argued.

I do think, however, that the fact the premier of England, the next day after be announced that he was gratified to recei-ve the invitation from the President of the United State.s; .also announced that they would go ahead nevertheless with their building programt was somewhat discouraging. I thought it was equally discouraging when our Secretary of the Navy the next day thereafter announced that we ~ould go ahead completing our program. I did not see any necessity of advertising to each other that notwitbstanQ.in.g the conference we proposed to be armed to the teeth when tire conference took place. I look upon it rather as a discouraging attitude of mind than anything erse.

Nevertheless, we have this hope, that if the public opinion of the world, especially the public opinion of the three great nations primarily interested-Great Britain, the United States, and Japan-continues to be as strong and well directed toward the proposition of disarmament as it is, we may nevertheless achieve a great deal. I have n-ever supposed, I will say to the Senator from Tennessee, that we would ever achieve disarmament through the action of the diplomats or through the emissaries who may meet from the different nations of the world if they were left alone.

But if we may continue to have a thoroughly aroused, well sustained, and well directed public opinion of the world upon this question I think w~ may achieve a great deal

Mr. McKELLAR. Mr. President, I join with the Senator from Idaho in that hope. I, like him, think that it is very discouraging that plans for building larger navies should proceed, and especiaJJ.y that they shotrld be entered into after the agreement for a disarmament conference has been virtually entered into. I shall hope that public opinion in our · Nation and in Great Britain, as well_ as- in Ja-pan, will bring about some tangible results. ·

Mr. BORAH. Mr. President, just a wor€1, and I shall conclude. The point which I desire to stress is that we, as a party, simply can not aff{).rd to permit an increase in taxes this year.

Mr. STANL~"Y. Mr. President, before the Senator from Idaho concludes I wish to ask him another question, n{)t in a controversial sense. I heartily agree with the Senator from Idaho that we should push a reduetion of naval armament, whether we secure other reductions or not, in the hope that disarmament may come. My question was addressed to the idea that the good result, the seeurity of the Nation, would only come afteJ.· we had disarmament both as· to land and naval forces.

I see in the newspapers that the adv{)cates of the dreadnaught claim th'Ut the airship in aetual warfare inflicted no serious injury upon transports and battleships, and that its failure to inflict such injury is so recently demonstrated that it a:rgues that under war conditions they would be impotent to inflict injury. I do not concur in that opinion, but I should like to heax the Senator's idea about it, because he is better advised than is almost anybody else on the subject.

Mr. BORAH. No; I .am not on that particular phase of it. I do not want agsin to v.:ander too far away from my subj~ct, because l see my friend from South Dakota [Mr. STERLIXG] looking very' wistfully O'Ver this way, and, of course, the Senator from Kentucky is equally anxious with the Senator from South Dakota ta have the consideration of the liquor bill proceed.

'f I t ' ' . 1921. CONGRESSIONAL RECORD-SENATE. 4711".

1\fr. KING. l\Ir. President, if the Senator from Idaho will more than once or longer than ~ve minutes upon the bill, or more pardon me, -I do not think the Senator ought to permit, by de- t~!:et~~ce Ol' longer than five mwutes ·upon nny amendment offered

clining to adv-ert to the suggestion of the Senator from Ken- Mr. WATSON of Georgia. I ob]'ect, Mr. 'President. tucky [l\Ir. STAJ\~], the inference to be drawn from the state-ment that the tests and experiments to which the Senator from Mr. STERLING. 1\fr. President, do I understand that the Kentucky referred demonstrated that the airplane and the tor- Senator from Georgia objects? · pedo were not powerful foes of the battleship. I think those Mr. WATSON of Georgia. I object. I thought I secured the tests demonstrated the vulnerability of the battleship, and floor. demonstrated that, while it is not obsolete, as tlie princi_pa]. The PRESIDING {)FFICER. The Cha.ir did not hear the unit of the fleet its strength and influence have been .greatly Senator from Georgia. impaired. Mr. S~ERLING. Does the Senator from Georgia object to

:Mr. STANLEY. lVIi·. President, if the Senator from Idaho the unammous-consent ag~eement? will pardon me- Mr. WATSON of Georgia. He does.

Mr. BORAH. I can not resist. , M;. STERLING. Is it because of the date ftx:ed fo1· the 1\Ir. STANLEY. I hope the Senator from Idaho will under- vote· .

stand that I am in complete and ardent harmony with him as , Mr. W .AT SON of .Georgill. ~ do not feel that the Senator to the vital importance of the matter to which he calls the at- :from South Dakota has llD;Y nght to ask for an explanation tention of the Senate and the counh·y. The nations of the world, 0~ the Senator from Georgia. The Senator from Georgia deas the SenatOT from Idaho has so much better said than could srres to address the Senate. I, are in an agony ·of oppression and want. The necessities of 'Mr. STERLING. I simply thought if the objection was be-the· people and the demands of the Gov-ernments hhve ground cause of the date-- . the taxpayers to the bone. I know of no matter, not even the Mr. WATSON of ~orgia. It does not at all matter to the pending bill which is in the hands of the Senator from South Se?a;or .from Georgia what the Senator from South Dakota Dakota [M.r. STERLING], that is so vitally important to the peo- thinks. ~ ,. . . . pl-e now as is the opportunity suggested by the Senator from 1\Ir. STE~LING. 'Y~ll, 1~ IS of so-me 1IUportance as to what Idaho to secure a reduction in armaments and a material aile- the Senator -fro~ Georgia .thinks. . ·dation of the burdens of the people, while at the same time we Mr. WATSON of Georgia. The S~ator .£:'om Georgia ~erely are marching toward that goal to which all Christian and wants to address the Senate .. Am I recogrnzed, :Mr. President? humanitarian agencies look with infinite longing, toward the 1\Ir. STERLING. I thou~ht if th~ date proposed was too early days when armaments will not be necessary and international for the Senator _from Geo:gm we might fix some other date. disputes may be settled in ·orne other way than by the system . ~.1r. WATSON o.f. Georgia. I thorrght I had secured the I~eeog-of international destruction. mtion of the Chan.

Mr. BORAH. Mr. President, the party which is now in power The P~ESIDING OJ.?'ICER. The Chair recognized the can not afford from any standpoint to permit any opportunity Sena.tor fiom ~outh Dak?tn. to go by to reduce expenses to the point where at least we shall 1\fr. WATSON_. of Georgia. Ve!y w~ll .. not have to increase taxes; indeed, it will be unfortunate if 1\lr: STERLING. I see th~re lS obJection to the request for taxe must be maintained even at the present r.ate. I hope, unammous consent as subr~ntted. . . therefore, when the resolution which I hal"e offered goes to "The PRESIDING OFFICE~ .. ObJection has been made. the committee we may have an immediate consideration of it Mr. _STERLIN?-· I~ am willing to . make the 'date Tu~sday, and an immediate report on it. It ought not to require long August 9, at 5 ° clock, an~ ask _that the proposed unammousto coru!ider the resolution. The whole matter as di cussed a consent agreem~nt be sub~:mtted ID: that form. fe-w weeks ago in this Chamber ; -every Senator' -opinion is Mr. WATSON ~f Georgia. I ObJe~t t? th~t, Mr. President. made up; and if th.e re olntion could be reported and passed Th.e PRESIDING OFFICER. ObJection IS made. and the Army curtailed a it proposes it would be a vast sa-v- Mr. KENYON. Let us vote. ing in th'ftt partieular. ' ~Ir. STERLING. I a k that the pending amendment may be

Then, if the Naval Committee would report out the bill which st~ed. .,. . . ha been introduced by the able Senator •from Utah {1\lr. KING] menheo PRE~I~~~ OFFICER. The question JS on the amend-to readjust that situation, we should save an expenditure in t n pa~::~e .... , l'i e

4·

that direction of some $240,000,000, and still haTe a better Navy THE FEDERAL RESERVE SYSTEM. than we shall have by the expenditure of that sum. If there is 1 Mr. WATSON of Georgia. Mr. President, it seems to me that any other way by which we can sal"e, I do not know of it. We the Government is not dealing honestly with the _people, and mar cut out -some expense here -and there in a department or that there nre too many thing taken for granted here in the we may dismiss a few employees and curtail here and there Senate. There a1·e too many assumptions which have no in a small way, but we can not cut down expenses in such man- basi of fact, and, without intending in the least degree to be ner as the Secretary of the Treasury says we must in order to disrespectful to any Senator or to -yvolmd his feelings, I wish hold taxes even to the present status unles we do it upon these to call attention to one or two of tho e unwarranted assump-

. two lines. tions. • The PRESIDING OFFICER. The Chi:l,ir desires to inquire Throughout this debate touching the general condition of

of the Senator from Idaho if he wishes his re olution to be the country, it .has been a sumed that the South makes more ·referred to the Committee on Military Affairs. cotton than the American people can <!Onsume. T~ Senator

Mr. BORAH. I do. from Nebraska [Mr. Hrrcncocx], who on yesterday addres ed The PRESIDING OFFICER. The resolution will be so re- the Senate, said that the South produced twice as much cotton

ferred. as the American people could consume. Mr. President, n greater mistak-e was never made-honestly, of course-and a greater mistake could not be made. This counh·y can nel"er

The Senate, as in Committee of the Whole, resumed the con- produce too much wheat or too much cotton, so long as there s1deration of the bill H. R. 7294, an act supplemental to the is a single person who has not enough to-eat or enough to wear. national J)rohlbition act. Because of the "fact that _ the Norris bill, as amended by the

Mr. WADSWORTH. I offer an amendment to the pending MC1~ary ·substitute, propo ed a decenh-alization of money and bill. which I ask may be printed and lie upon the table. a better distribution of money, in order that more people may

The PRESIDING OFFICER. It will be so ordered. be enabled to buy, 1 supported it; but it does not, in my l\lr. STERLING. Mr. President, I -desir-e at this time to sub- judgment, meet the requirements of our 'people.

mit a 1·equest for a unanimous-consent agreement to vote nn -The largest crop of cotton that we ever raised in the South the bill (H. R. 7294) supplemental to the national prohibition was 16,000,000 bales. The crop which is now said to be too net. large is 13,000,000 bales. The census reports show that there

The PRESIDING OFFICER. The Senator from South Da- are uore than 20,000,000 families in the American household. kotn prefers a request for unanimous consent, which will be Let any Senator reflect for a moment, and he will ee that the read. $50 hich n .bale nf cotton will bring to-day will hardly gain

The Assistant Secretary i·eacl as follows: tb~ planter a foothold at the counter in a dry-goods store. Let It is agreed by unanimous consent tha.t at not later than 5 o'clock him put the price up to ·$100 _per bale, and the same thing \till

p. m. on ~e calendar day of August 8, 1921, the Sen-ate -will proceed be -true. Let him put the cotton at 40 cents a pound, and let to '?te, w1thout further debate, upon any. runenilment that .may be the bale bring $200 -and I will ask any Senator to reflect whether pending, any amendment that may be offered, -.and upon the bill (H R I t th f 'l ' d f fi th 7'.294 1, an act supplemental to the national prohibition act, throitg.Ji or no e :'lm1 y, comp~ o ve persons on e _average, CR? the regular parliamentary stages to its final dispo-sition. -and -ttrat buy a suffiCiency of clothrng for the -year, a uffic1ency of bellafter the hour of 4 o'clock p. m. on said day no Senator shall speak clothing for the yea1·, a sufficiency of thread and binding twine

.AMENDME.-T OF N.lTIO~AL PROHIBITION ACT.

4712 OONGRESSION AL RECORD-SEN ATE. AUGUST 5,

for the :rear, a sufficiency of plowlines and well ropes for the year, a sufficiency of dress goods that range u.ll the way from the balbriggan to the mercerized goods that you can not tell from silk unless you are an expert.

Mr. President, there is no sadder thing to be seen on the American continent to-day than a child in sight of a wheat field unable to have every day a sufficiency of his daily brea~ no matter how often he repeats the Lord's prayer; no sadder sight than to see a ragged white man, a ragged white woman, ragged white girls or boys, or, as for that matter, ragged colored people, strh·ing virtually from one end of the year to the other, to make cotton, and at the end of the year not having a sufficiency for their own needs-I do not say their_ own comforts. They do not have comforts. Go into their hovels as you go when they are sick; go there when you are on your visits, and you will find that they do not have the comforts of life, and very frequently not the necessaries of life. There are children in the cotton belt to-day who are not being educated to the extent of the rudiments of an English education, because our poorest people are the proudest people on earth, and they will not send their children to school unless they can clothe them as other children are clothed. Even the· Sunday schools are not fully attended, for the same reason.

It seems to me that something must be radically wrong when those who produce what is called twice the amount of cotton that the people can consume are not themselves sufficiently clad. Let Senators think of it. From the collar around your neck, if it is not linen, to the hosiery on your feet, the dress goods of the boys and the girls, of the women and the men, are chiefly composed of cotton; and you can go out over the cotton belt and you will find on the highways and in the fields and in the homes of these people an insufficiency of necessary clothing.

Work? Why, to make a cotton crop, Mr. President, you have virtually to toil from one end of the year to the other. Before the winter snows are off your western plains our people are putting the plows in the ground, preparing the soil for the crop. During the hottest days of the summer they are laying it by. During all of the autumn days and the early fall, sometimes until the Christmas holidays, they are picking that cotton; and yet in the sight of the cotton factories of South Carolina and of Georgia you will find school girls and boys, or boys and girls who ought to be in school, who are so insufficiently clad that they attract your attention and excite your pity. Therefore there is not too much cotton produced.

The Senator from Nebraska [Mr. HITCHCOCK] spoke of German conditions. I was greatly interested in wb.at he said about them. The Senator from Nebraska said that you could go to any bank in Germany and borrow, and I asked him what, and he said "money." I asked him if he meant paper money, and he said "yes, paper money." "Based upon what?" "Based upon the credit of the Government." "Does it answer every purpose?" He said it does. We are erecting to-day a tariff wall, called the Fordney bill, which will act as an embargo upon German products; and the .Senator from Missouri [Mr. REED] said that these German products ~imply proved that the rottener a currency was the better it could rival the products of other countries. _

Mr. President, a currency that produces products to such au extent as to rival 'the products of this country, with our gold reserve rapidly. approaching $3,000,000,000, is not a rotten currency. A currency which produces a sufficiency of food for every German-and nobody says that it does not-can not be classed as rotten. A currency which not only clothes Germany and fills her warehouses with manufactured products but threatens us to such an extent that we virtually put an embargo upon German products can not be a rotten currency.

If it were not so late I would ask Senators to pay some attention to chapter 13 of James G. Blaine's Twenty Years of Congress, volume 2. It can not be claimed that Mr. Blaine was a demagogue, nor a radical, nor a socialist, nor a communist, nor a bolshevik. He does not come under the head of any. oi those people that we have been putting iJl jail or sending out of the coUlitry without process of law. What is the law to us? We have long since pulled up the anchor and gone away from the Constitution. It is almost a joke in this Chamber when anybody mentions the Constitution. Talk about arresting a man without a warrant! Why, the stern champion of this autidoctor law, this legislator [Senator STERLING], this lawyer who wants to tell a doctor how to practice medicine, what does he care about the Constitution? What is the Constitution when it comes to a question between him and beer? Why, you do not need any warrant to arrest anybody.

Mr. STERLING.- Mr. President--

-The PRESIDING OFFICER (Mr. McNARY in the chair). Does the Senator from Georgia yield to the Senator from South Dakota?

Mr. WATSON of Georgia. I do. Mr. STERLING. Let me say to the Senator from Georgia

that I simply care enough about the Constitution to enact a law for the enforcement of the provisions of the Constitution.

Mr. WATSON of Georgia. The Senator no doubt is honestly of the opinion that he is trying to do that, but his law does not follow the constitutional amendment. The constitutional amendment says, as plainly as any law could say, that these things shall not be used for beverage purposes. The Senator goes out of his usual route to dictate to a doctor what the doctor shall prescribe to his patients-that by way of incident-and the law enforcers in his State and in mine IiiY no attention to constitutional requirements about the issuanee of a warrant to search the person, to search the baggage, to search the stateroom on a Pullman car, to search the berth of a Pullman, or to search a private house. If any warrant is obtained at all, it is ,obtained afterwards, and possibly after somebody has been shot and killed, very often after the lady of the household has had her every feeling outraged by the ransacking of her bureau drawers and the closets which contain her clothing; a:nd if between the mattresses the officer of the law can find a pint of beer or a pint of wine or a pint of whisky, he goes out then and gets his warrant. Kill your man first and explain why afterwards !

As I was saying, Mr. President, 1\Ir. Blaine opens chapter 13 of his book with this statement-he is referring to December, 1865.

We all know that the war between the States had but recently ended. He said :

The financial experience of the Government of the United States in the years following the war is without precedent among nations.

That statement is erroneous. Just exactly the experience which this country went through after the Civil War is the experience which the bankers, the money changers, have put every modern nation through after every war ; and the ruin wrought by the contraction of the currency, the ruin of homes and of business, the beggaring of people who had been in com- ' fortable circumstances, the reduction of the wage earner to the condition of a tramp, walking the roads begging for work, willing to work and finding no work, has been repeated after every modern war; and the bankers are the real vultures that feed upon the deaq who fall upon the battle line. Very often, Mr. President, it is the banker who precipitates the war, either to make au investment or to save one. ·

Then Mr. Blaine takes up the gi'adual progress of the contraction of the currency, and he writes paragraph after para, graph, giving the arguments on both sides of the fearful panics, the failures, the collapse in values, which follow~d upon the contraction of the currency. It is an instructive chapter. I take the liberty to suggest to Senators that at their leisure they get the book from the library. It fits the present conditions like a glove, with this exception: Secretary. McCulloch and those who were ·in charge of the Treasury at that time gave the people two or three years' notice that they would resume specie payments, that the paper currency would be called in. The storm signals flew. The beacon lights blazed. Every vessel, every ship out at sea, had the opportunity to reef sails and run into the harbor.

.After this war there . was a colossal contraction of the currency-debated where, decided upon where? In the open Senate of the United States, as 1\Ir. Blaine speaks of in his book? Not so. In the House of Representatives, with all the American people listening to the debates? Not so. This contraction of the currency was debated behind closed doors and in secret by the Federal Reserve Board, and the storm came upon the country when the country had not been prepared for it.

A Senator speaking here yesterday used a contemptuous phrase about "printing-press money." Has that phrase been used about the issuance of bonds? Twenty-five thousand million dollars of bonds have been issued, printing-press paper, engraved here in Washington City, just as the Federal reserve bank notes were.

What is the difference between the printing press in the one sense and in the other? Your printing-press bond bears interest. Your printing-press money bears none. Which is the better for a country, to have a sufficiency of printing-press money bearing no interest, or printing-press bonds bearing interest? To ask the question is to answer it.

The Senator from Idaho [Mr. BoRAH], speaking of our condition and of wpat we should do to improve it, spoke of curtail·

1921. CONGRESSION_._'-\:L RECORD-SENATE. 4-713 ing the expenses of the Army and the Navy. I agree with him final trump to sound will anybody know just what has been the about that. But that would not be a drop in the bucket. Has wreckage made by the contraction of our currency, now reachit never occurred to Senators who discuss these questions that ing something like- two thousands of millions of dollars. the slump in values was coincident with the retirement of the The whole country had adjusted itself to war expansion. currency'? When you see two correlated things happening at Enterprise was animated. Credit was extended to almost e\erythe same time, do you not immediately reason that the one is one who had a good name and apparently good security. Busiconnected with the other? When you see a motionless steam- ness was never better. But all at once, when this life blood was ship begin to emit smoke from hel' stack, you hear the throb of let out of the arteries of commerce, what happened? It was her engines, and she begins to " walk the waters like a thing the same thing that would happen to your physical body if- a of life," do you not> connect the steam with the motion of the lancet should open your arteries. · It weakened, it languished, vessel? it fell, and it is still prostrate-; and this man, Gov. W. P. G.

Cotton was selling at 40 cents a pound. What made it Harding, now lias the effrontery to say that times are good. drop? The retirement of the money. Who retired the money? Good for him, no doubt. It is- one of the sad, deplorable things The Federal Reserve Board. What right did they have to about hu:mau nature that if you or I be well placed in position retire it? They had none, or they should not have had it. and drawing a good salary, having no need to fear for th~ What notice did they give the country'[· None. On whom did' bread of to-morrow, having no teiTor lest the wolf approach they serve the notice, " Call in your investments; curtail your the door, we are inclined to forget those who are not so forexpenses; get ready for a storm"? On nobody. It fell upon tunately placed. !rhe men in high places, drawing large salthe country as the avalanche falls upon the unsuspecting tourist aries, are the very last men who ever mix with the people or who of the Alps. . ever know anything about their real condition. Usually they

In chapter 13 of 1\.fr. Blaine's second volume he describes are surrounded tly a camarilla of designing men, a human paliwhat happened, and he shows there tl1at his sympathy was sade, a human fence, which can not be penetrated by the orwith the contractionists, but as an impartial. historian he giveg dinary outsider, and even when some with the privilege of both side . Very much to his honor, being a partisan by na- going inside does get in, he can not talk without some one heartul·e--and a very brilliant, effective partisan-when he came ing what he says to the big man to whom he wishes to talk. to write his book the lances of the setting sun rested upon his It is the misfortune of one in power-for instance, the Pr~sihead, and the shadows of eV'ening were creeping around his dent of the United States-that he never really comes in contact feet, and lie was impartial. Passions had died away, just as with the people. He sees: those whom his private ..,ecretary they had died away when he made that beautifUl commemora- wants him to see, and tlie private secretary wants him w see tiV'e address after the death of President" Garfield-in my judg- whom somebody elSe wants him to see. The very men whom

. ment one of the most beautifuf orations that the English he ought to see to become acquainted with real conditions- he lan"'nage contains. never see .

But had 1\Ir. Blaine studied the history, and the recent history, Napoleon used to say to his secretary on going to bed, "If of other nations as carefully as he had studied that of his own good news comes during the night, let me alone~ do not waken country, ,he: would ha"te- known that what was happening after me. Good news can wait until the morning, But .. if bad news the Civil War, and down to the Blac1r Friday of 1873, was but comes, wake me at once, because it must be attended to.' I the old lesson repeating- itself. would to God tlmt somebody hacl the power to waken om ... Presi-

Consult Alison's History of Europe, consUlt Browning's: dent to the bad news that comes to us from all parts· of the Modern Times, books- easily accessible .to anyone who cares to- country: know, and you will discover that after the wars were- over As I said here some time ago, Great Britain has increased the paper money which paid the soldler for his service, which her money four and one half times since the- war, France fed llim on the maTch and in the camp, which clotlied him with about seven times, Germany nearly forty time::;·; and the Sena · his uniform, which supplied him with a tent, which gave him tor from Nebraska [Mr. Hr'reHcocK] stated in his speech his gun and his ammunition, was destroyed. Why? Because yesterday that an-ybody in Germany could get, at any bank, the man who had the _gold wanted his own price for it; and money that was good in Germany. What doe · the German that is what is happening now; the same thing happened fu care about any other so1·t of money, then'? If we could get France, the same thing happened in Gel-many: I do not wish money he1•e in. this Republic that is good in every State ancl

. to indulge in anything that looks like pedanb.-y, but I assure Ter.ritory of om~ poss-essions; what would we care about EngSenators. that what happened to us at ttie clo e of this war, lish pounds, shillings, and pence or German. money or French as the result of the contraction policy, has been the aftermath money or Italian money? Money is just as good a the Gov-of every modern war. ernment that issues it.

These men of the Federal Resel'V'e Board say,.." We willliave I mentioned here the other day to a \ery distinguished Sen-peace to-morrow; everything will be settled to-morrow." Yes; ator, who I am sure believes that he thoroughly understamls it will. I stood on the seacoast in Florida once and I wit· the money. question, that we had out $25,000,000,000 of bonds, ne ed a great equinoctial storm blowing across the- Atlantic and he said they were good 'because they were backed lJy gold. to the GUlf. I saw the waves rising higher and higher, until Not a single one of those bonds is backed b}' gold. .J; the in the distance they looked like a range of mountains, and one Senator from Arizona [1\Ir. As:s:unsr] has very well suggestedt trembled, for fear the next rise would th.ke them over the there is not that much gold in the world. There never wa · grmmd upon which one's feet were planted. There were and there never may be. There was a time, aftcY gold wasbreakers above where I stood and breakers below. I could see discovered in California, when the European bankers thought those waves running to the rocks, over the rockS, and toward there would be too much coin, and so they demonetized gold; the inlet, with the foam streaming,.behind them, like so many of at least the Latin Union did. They went on a silver basis. Neptune's horses at full speed, bent upon furious- destruction, The Bank of England that was spoken of b the Senator· from and a grander sight, a sublimer sight, a more terrible sight, I Nebraska suspended. specie pa-yment in 1797, and. for 21 years never saw. · England financed her wars against Napoleon Bonaparte with

But during the night the storm lulled, the wind ceased to paper money. blow, breezes came from tlie land side, and the next morning Durin~ all that time there were han·ests to feed the J:.ngwhen I went out to the ucean there was an unriDDled sul'face, lish, there wa.s- clotbing to clothe the English, there was no amber hued by the rising sun. housing problem in England, and it was- not until tlie conttac-

The waves were lipping the beach as softly and as innocently tionists destroyed the paper money and w~nt back to gold as a c;hlld woUld-move its rosy lips when asking its mother for that they· had trouble-. Then came the riots; and the breaking a kiss. But all up and down the coast, as far as the eye could of labor-saving. machines, which was referred- to so touchingly reach, there. were wrecks, vessels with eve1-ything: gone except. here the other day by the Senator from Nebraska [1\Ir. NORRIS]. the mast that stood above the waters, and when you saw ap- The breaking of machinery became an epidemic" in England, parently struggling monsters of the. deep raging- a few hundr-ed because the· working people got it into their heads that the yards from the shore, it did not need a very li-vely imagination machine which could do the work of 10 men or< 100 men deto tell you that a school of sharks were convoying some humarr prived them of labor. victim out to the greater depths beyond. fsaw a letter which a member of the Federal Reserve Board

Yes; we will have p~ace, but where wlll be the men and the wrote to a Member of Congress from my State-a very insolent women who have been ruined by the storm that lias-beeh brought letter, a dictatorial letter, a ilireateni11g l~tter-admonishing· upon us by the Federal Reserve Board? Who will put back him that if be did not change his tone he would be opposed for upon the ocean of business the vessels· that ha.ve been wrecked? reelection next year. Well, if we all live and nothing happens, .Who will call back to life the men and the wonren who lost we. will all be-ba:ck in Georgia nen year and. we will see about everything they had, including their hopes; and Who therr took thatr But he~ said in this letter: "Your ba.I!kS ih Georgia are tlieir own liYes'( Not until He who made us all shall cause the char<gmg mmry." He probably meant the State banks, which

r

4714 CONGRESSIONAL RECORD-SEN ATE. A UGUST 5,_

on short loans frequently charge 12 per cent. I have paid 12 1 be enough of them left to escort the President v;hen he takes per cent myself for all the money I bol"l'owed in working myself a vacation to Plymouth Rock, or elsewhere. Possibly he ~-m up in the world, and was glad to get it at that price. It was be taking a trip down to Jamestown before we know it. It will worth that much to me. Whether that be too much or too little, require a half dozen battleships to take him down to Jamcs4

let us see what the Federal reserve bank has been charging and town and back. getting. I say I would be willing to reduce the Army to the vanishing

In Boston they made 120 per cent clear profit. In New York point, leaving, of course, Gen. Pershing on deck. It would they made 203 per cent, in Philadelphia 121 per cent, in Cleve- never in the world do to get rid of the General Staff. The land 110 per cent, in Richmond 118 per cent. In Atlanta they country is full of soldiers new who have had experience. made 151 per ceht, and they did not lend it to Georgians, either. All you ha1e got to do is to sound the bugle, and tell them They sent it to Chicago and loaned it to Ogden Armour, and he what you are fighting about. Nobody has ever been able to tell used it in his business and charged us three or four prices for them what they fought about in the last war. That is a ques4

his canned goods and his meats, and so forth. In Chicago they tion that agonizes everybody right now-to tell the people what made 178 p~r cent, in St. Louis 121 per cent, in Minneapolis 112 they fought about. They do not know; they realize it cost per cent, and so on. them a lot 10f money; and we are bringing dead soldiers back

Senators, look back through the -vista of time and see Roman every day; but whene-ver the doctrinaires state what the war senators rising in their places to assassinate in the senate cham4 was about, the doctrinaires differ. ber Julius Cresar. To defend himself he had nothing in his When President Wilson said we went to war for one thing, hand but the little steel instrument with which they wrote in Senator Warren Harding said we did not do it on that account; those days-:-the stylus. He fought them until he saw his that Wilson's talk was all balderdash. Now that President bastard son among the assassins, and then he said, "And you Wilson is down and out and Senator Harding is President, he also, Brutus?" He covered his face with his mantle and sank is using exactly the same language that President Wilson into death at the base of the statue of Pompey, which was only used; but, of course, it is not balderdash. It makes a whole lot unearthed in the Roman forum a few years ago. One can see of difference as to who uses the language, and when, and where. that -very statue now, at whose feet Cresar fell with the wounds I say that you can cut your Army and you can cut your Navy, of Cassius and Gasca and of Brutus that ·took his life. but they are drops in the bucket. You must restore to circula-

Why did they kill him? The noble Brutus, Mr. President, tion the money that was taken out of circulation. The taking was one of the usurers who' were lending money in the Roman of money from circulation weakened the whole business world. provinces at 48 per cent. Caesar had passed a law forbidding If you want to restore its strength, put the money back in cirit; making it a crime thereafter to charge more, I believe, than culation. The first thing to do, however, to accomplish that is about 12 per cent-at any rate, reducing it to something to remove the present Federal Reserve Board, for which purreasonable. The usurers who had been bleeding, not Rome pose I have introduced a resolution. Of course, it has no· chance itself, but the conquered provinces of Rome, killed Caesar for of passing here. This is a Republican Senate, a very reacdoing that. Our noble Brutuses are not content with 48 per tionary Senate. It does not hear from the people; it does not cent. In Kansas City they wanted 128 per cent, and got it; in care for the people. The people are honored in having a Re-Dallas, they wanted 83 per cent, and got it. publican majority here; they ought to be satisfied with that

Mr. ASHURST. What was it at San Francisco? and not question the way they vote. If they want to ~ve M.r. WATSON of Georgia. At San Francisco they wanted 150 $25,000,000 to open the way for the Standard Oil Co. to get into

per cent. Should any Caesar, if there should be one, threaten Colombia, that is ~ rig~t; if tJ;tey :want to give the railroads to check those men and shear them of their power, he would be $500,000,000, that IS all nght; giVe It to them. Why not turn killed if they could kill him. It is charged that the governor, the whole Treasury over to them? They need it; they can use W. P. G. Harding, tried to beat up John Skelton Williams, it to advantage; and they can prove by propaganda that it Iio-ht there in the committee room, because John Skelton Wil- would benefit the whole country if we would let them have aU u:ms was telling the truth on them. They admitted that they the money that is in the Treasury. had loaned $126,000 000 to one bank in New· York. Whose We are heaping up gold; we are becoming a great national bank? Morgan's; n'o doubt. They admitted that they had Midas. Here at the central Government· everything we touch loaned themselves $18,000,000. That was a beautiful admis- turns to gold. But Midas could not eat his gold, and he could sion-was it not-showing the trvth of the statement made by not drink it, and he found himself starving to death in the Sergeant S. Prentiss, of Mississippi, when speaking of a col- midst ~f his gold. Our people throug~o~t ~is ~nion are lector of the customs, he said: clamormg for money to be restored ·to circtilatlOn, so that the

In vain will you seek for the eunuchs who have the power to guard the treasures of your harems without the wish to enjoy them.

These eunuchs, Gov. Harding and company, have the power to guard, and it is their desire to enjoy; and they do both.

If it were not so late, I should really like to have some fun with my friend the Senator from Nebraska [Mr. HITcHcocK], whose peculiarity is that as soon as you get after him with two or three questions and push him up into a comer where. he can hardly draw his breath, he cuts everything off by saying you are diverting him from his line of thought. His line of thought! When the Senator from Wisconsin [Mr. LENBOOT] got after him about what he would vote for in the Norris bill, he complained that the Senator from Wisconsin was diverting him from his line of thought; when I got after him with a few questions, which were just as simple as they could be, he soon discovered that he was going up into the corner, and .he shut me off by saying I was diverting him from his line of thought. What was his line of thought? It was that we should establish a great international bank-as if we did not have four or five of them already. The house of Morgan has a chain of international banks. Kuhn, Loeb & Co. have a chain of international banks; the Warburgs have a chain of international banks; the Rothschilds have a chain of international banks. It is well known, I think, that the Belmonts of New York are their American branch bank. Howe-ver, the Senator from Nebraska wanted to take $800,000,000 in gold out of our Treasury and put it into an international bank. He never realized that he would be making a present of that much money to Mr. Morgan; that it would b€ giving him the use of all the idle gold in our Treasury.

Talk about reducing the Army! Why, yes; · reduce it. I, myself, think an Army of 25,000 men would do. Reduce the Navy! Why, of course, I think, possibly, two or three of our admirals ought to have ships in which to sail argund, and there ought to

black man who can put up a horse or a mule or a cow may bor--row money, and the white man who can offer collateral may borrow money. To-day our banks are choked with last year's paper. They are marking time and paying expenses while they are doing so.

We read that the railroads to whom we are to lend $500,-000,000 made $27,000,000 in Jtme of this year. Half of their stock is water; in round numbers the stock issue aggregates nineteen thousand million dollars; half of it is made up of printing press shares, printing press stocks and bonds ; and we are paying them upon those watered securities, as well as upon the actual investment, $27,000,000 in one month; and yet they want $500,000,000 more. The Steel Trust made $21,000,000 clear during the last quarter, while the farmers of the country, the wage earners, the bread winners, the men who have to sell their muscle, the women who have to sew for bread, the children who have to work, the whole mass of the · population are suffering from the lack of the money which the Federal Reserve Board secretly, cruelly, despotically, criminally, and ruinously retired from circulation.

AMENDMENT OF NATIONAL PBOHffiiTION ACT.

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. n. 7!:!94), an act supplemental to the national prohibition act.

The PRESIDING OFFICER. The question is on the amendment on page 2, line 4.

The amendment was agreed to. The PRESIDING OFFICER. The Secretary will continue

the reading of the bill. The reading of the bill was resumed. The next amendment of the Committee on the Judiciary was

on page 2, lines 14 and 15, to strike out the words "limit the quantity of liquor unfit for beverage purposes that may be prescribed, sold, or furnished on a prescription," and insert "be

1921. CONGRESSIONAL RECORD-SENATE. 4715

construed to limit the sale of any article the manufacture of which i authorized under section 4, Title II, of the national prohibition act." _

The amendment was agreed to. Mr. BROUSSARD. Mr. President, I do not care to continue

the speech which I began the other day on this afternoon; but while this measure is pending I desire to discuss briefly one of the features of the facts which I discussed the other day.

A portion of my remarks on July 27 had reference to the lobby maintained- here by the Anti-Saloon League. Within 10 minutes after I had concluded my speech one of the Senators handed me on the floor this slip of paper, and I was informed that it was circulated in the galleries while I was speaking. There is nothing offensive in it, but I want to read it to the Senate. I merely want to emphasize the fact that in the Senate of the United States lobbyists are busy while Senators are discussing questions which in'Volve even the constitutionali~y of legislation.

It is not so much, as I said before, what is contained in this slip, but I call upon my friends who advocate this measure to consider the significance of this incident, and I will call the attention of Senators to the fact that it has reference directly to that which I discussed just a few moments before, the inference being that this was typewritten at some place very close to tlre place where we are talking.

Here I shall read this propaganda, or whate,er it is. It begins with a quotation:

" Senator BROUSSAIID'S attack upon the prohibition department because it does not issue the regulations on beer is strangely in(!{)nsistent, in view of the fact that the regulations relating to wholesale liquor dealers have not been issued, even though the opinion relating to them was rendered long ·before the beer opinion,'' said Wayne B. Wheeler, general counsel of the Anti-Saloon League of America. " 'fhe drys were interested in having those regulations issued promptly, and they have been delayed far longer than the beer regulations. As a matter of fact, both regulations have been a matter of controversy, and that e:xplains largely the delay in their issuance."

I care nothing about this any more than any other Senator, whether he fayors or opposes the bill; but I think it is my duty, since it was presented to me immediately after the closing of my remarks, to submit this matter to the Senate to be considered in uch light as they, viewing the statutes upon the books and their own ideas, may attach to it.

Mr. MOSES. Mr. President--Mr. BROUSSARD. I yield to the Senator from New Hamp_

. shire. Mr. 1\IOSES. In connection with what the Senator from

Louisiana has just said, I am reminded of another letter which I received from the well-informed Federal Trade Information Sen-ice, under date of July 28, in which the writer says:

In view of the interest you are displaying in the administrative activities of the Bureau of Jnternal Revenue relating to the liquor traffic, we believe you will be glad to see the statement printed at page 170 of the attached publication concerning a forthcoming Treasury decision on this subject. We believe this news has been published exclusively in the Federal Trade Information Service. We had in our possession the full text of the draft of the Treasury decision, but pressure on our space permitted the presentation of a summary merely.

On turning to page 170, as suggested by the letter, I find a summary of the regulations for wholesale druggists, which the slip which the Senator from Louisiana has just read says have not been issued; and I wonder again how it is that the Federal Trade Information Service is able to get the full text of· regulations drawn by the Bureau of Internal Revenue while the Senate does not ha-ve them and while the counb.·y does not have them, and I ask unanimous consent that this publication may be printed in the UECOBD.

Mr. WILLIS. 1\fr. President--The PRESIDING OFFICER. Does the Senator yield to the

Senator from Ohio r Mr. MOSES. I do not happen to have the floor. The PRESIDING OFFICER. Does the Senator from Loui

siana yield to the Senator from Ohio( Mr. BROUSSARD. I do. Mr. WILLIS. Resernng the right to object, does the Sena

tor give it as his opinion that these are true and exact copies of any regulations that have been issued by the department'/

Mr. MOSES. I express no opinion as to the truth or the exactitude of these regulations. I merely read the letter of this person, who is readily get-at-able in Washington, and from whom one ean ascertain how he managed to get them, if .he got them improperly or if they are fraudulent .in any sense. The Senator will recall thnt I have pending' here a resolution asking the Treasury Department to send us the accurate text, and the friends of this measure have objected to our having that information. What is it they are afraid of? If the Senator from Ohio thinks that these regulations which I present

LXI-297

here, and which the editor of this paper-and I assume he is a reputable person-says are authentic, are in fact not authentic, why do the friends of this measure object to our having the information which my resolution asks for? What are you afraid of?

Mr. WILLIS. Mr . . President, if the Senator from New Hampshire would give it as his opinion that these are exact copies of regulations that ha'Ve been issued it would be quite a di.fierent thing. He does not so state. The fact of the matter is that no regulations have been issued and there is no good reason why the REcORD should be lumbered up with some statements purporting to be regulations, and I therefore object.

Mr. 1\IOSES. Mr. President, if I may have the floor again from the Senator from Louisiana, I will say that these do not purport to be the full and e~ac.1: text of the regulations. If the Senator from Ohio followed the text of the letter which I read, he will remember that they purported to w a summary, and I take the liberty of reading them, inasmuch as they are very brief.

Mr. BROUSSARD. 1\fay. I ask the Senator to wait until I am through?

1\Ir. MOSES. Oh, yes, indeed; I beg the Senator's pardon. Mr. BROUSSARD. I want to follow this matter up, and I

think in my further remarks I shall answer the Senator from Ohio.

I cab the- Senate's attention to the fact that 1\fr: Wheeler complains here that we have made no complaint as to the tardiness of the issuance of regulations with reference to liquors other than beer, and that is contained in this circular which was sent through the galleries here while I was S"Qeaking; but since receiving this I have received the letter which I ha\e in my hand from the prohibition commissioner, which contains information which I would gladly have given to the Senate had I had it in my possession at the time when I addressed the Senate on July 27. I happened to receive this this morning; and I want to answer those of the Senators who are ad,ocating the bill, if they indorse the comments of 1\Ir. Wheeler, by replying that the prohibition commissioner is ginng to people engaged in legitimate business in this country the same reasons for not issuing permit under the national prohibition law which he gi...-es for refusing to issue permits to doctors to prescribe beer.

I Jlave here a letter which was written to Representative DUPRE, of Louisiana. It has reference to an application made by the old-established firm of I. L. Lyons & Co., who have conducted for many, many. years the largest wholesale drug busi· ne s in the South; a house that has been established possibly 7i5 years; people who are reliable and responsible; people \\ho have be-:n recognized I think by the National AssociatiDn of Druggists and Pharmacists .by honoring one of their members with election as president at one time; people who stand among the foremost of our progressive citizens. This firm had an application pending before the prohibition commissioner, ,...-ho has -delayed action upon this application, and when they are pressed the answer comes to Mr. DUPRE, l\lember of Congress from the econd district of Louisiana, as follows:

Bon. H. GARLAND DUPRfi:, House of Representatives.

AUGU~T 3, 1921.

:MY DEAR MR. D PRll:: I am in receipt of your communication dated July 30, 1921, inclosing a copy of letter addressed to this office by I. L. Lyons & Co., wholesale druggists and importers, New Orleans, La.

In reply to yom· inquiry regarding the status of this company's application for permit to manufacture certain special preparations, I have the honor to inform you that the application as executed by the above-mentioned company was forwarded to this office by the Federal prohibition director for the State of Louisiana without his recommendation for approval or disapproval and in his letter transmitting same he calls attention to the fact that this company desires to import intoxicating liquors for subsequent resale for medicinal purposes. . All applications of this character are at this time being held in abeyance awaiting the disposition of the bill now pending befor~ Congress to prohibit further importation of liquors.

Mr. NELSON. 1\fr. President, may I ask the Senator a question?

Mr. BROUSSARD. Certainly. Mr. NELSON. Does not the Senator think it is fairer to the

brewers and the 'vholesale liquor dealers that the regulations be held in abeyance~ SuppoNe rules are issued and Congress passes this bill; what would the rules amount to? '!'hey would simply be a deception and would mislead the brewers and would get them started in a practice in which they would have to take a back track. So it is for the protection of the brewers and the wine men, as much as for anybody else, that the e Imagined rules are held back until . we pass this legislation.

1\Ir. BROUSSARD. Mr. President--Mr. NELSON. And I 'want to gi\e the Senator another sen-

timent, if he will allow me-

471& CONGRESSIONAL RECORD-SENATE. AUGUST 5,_

Mr. BROUSSARD. I wilL Mr. NELSON":

There's- a spirit above a.nd a spirit below, A splrit of joy and a spirit of woe ; The spirit above is the spirit Divine, The spirit below is the spirit o! wine.

Mr. BROUSSARD. " The spirit above is- the spirit of love,'~ I would correct the Senator.

But, in answer to the Senator from Minnesota, who is thechairman of the Judiciary Committee, under whose jurisdiction this bill was considered and reported, I will ask him who gives him the authority, even as chairman of the Committee on the Judiciary, to ignore laws which his own committee submitted to Congress, and which were passed in 1919,. to disregard· them now, in order that the Congress may ena:et la-ws which he de-sires to see on the statute books?

Mr. NELSON~ What laws- did the Judiciary Committee ignore?

l'ilr. BROUSSARD. They ignored the national prohibition act, under: which these people are entitled to these permits.

Mr. NELSON. We have not ignored it. . Mr. BROUSS~illD. You are defending the course of the

commissioner, who admits he is vi'()lating the law in. order to await fue passage of an act by this Congress.

Ur. NELSON. We are not defending him. Mr. BROUSSARD. You are not? Mr. NELSON. No; we are not defending- him. The com

mittee as a committee has not defended the- commissioner. Mr. BROUSSARD. Has not the Senator asked me if he

was not right in withholding these permits? · Mr. NELSON. I will say that it is for the protection of the

brewers and the wholesale dealers that they withhold these rules until we can legislate. Is it not better for them to a.wa.it our action, instead of embarking in a practice in which they would have to take the back track as soon as we pass thislaw? And it will pass, I want to say to the Senator. .As soon as. we pass this law, these rules the Senato~ imagines and talks about would be of no use, and it would be misleading, and the brewers and the wholesale dealers would curse- you for: getting them into a scrape and making them spend money under eules that will never be effective.

:Ur. BROUSSARD. I will reply to the distinguished S~nator that if the antiprohlbition element are able to continue to control the enforcement department of this Nation, for the sake o:f law and order I hope the bill will be passed, because, you are absctutely setting at naught not only your own law but you are abusing the privilegeS' and guaranties which the Constitution of the United States gives to this firm; and this is not, I will say to the Senator, a letter with reference to beer, but it is with reference to liquor :for medicinal purposes, which, under the present law, you provide for.

Mr. NELSO~. We will send you fresh, pure water, from Itasca clear down the Mississippi to New Orleans. You need not worry.

Mr. BROUSSARD. I do not care to reply to that remark. I want to complete the reading of this letter. The last para

graph states: You may be assured, however, tbat as soon as we are in possession

of definite information bearing upon applications of" this kind. the matter of I. L. Lyons & Co. will be Pl'Operly disposed O'f.

$incerelr, yours, R. s. HAYI\"ES,

Proliibiti.on Oomrnisswner.

I think it may not be necessary, but I desire to comment just a..little bit on the significance of this letter, with the idea that Senators who are supporting this measure will realize.-and it they do not realize, the c-ountry will realize-tba t you are absolutely now intet·fering- with the :functioning of the. laws of this Kation; that you believe, as-- the Senator from Minnesota has just exnres ed it, that you are saving the brewers from themselves.

But that is not the question involved here, l\fr. President. The point is that those who submitted the eighteenth amendment adopted the national prohibition act, and within 5 days after that act went into effect the con truction of that law wa~ submitted to the prohibition cornmi ioner in 1920, on January 25, and on January 31, just 16 days after the act had gone into effect, the prohibition commis ioner decided that he- liad no authority to withhold from physicians permits for the prescription o"f wine and beer, and be not only ruled that, but he went on to say that there was no limit to the amount which physicians might prescribe.

This letter was written, as I have demonstrated before, to a man who is a sincere prohibitionist, who has voted for all of the prohibition measures in Congress-, and they thought tlrey could trust him, and they withheld the publication of the regu-

lations which, in that letter of J"annary 31, 1920, they said they wer·e preparing.

Subsequently, when they were pressed for action a o-ain as they are being pressed now by L L~ Lyons & Co. under th: pre~ent law; they . submitted the_ matter to the Attorney General, and the Attorney- General has ruled that the letter which Mr. Kramer, the prohibition commissioner, had written on January 31,..1920, was-a:bsointely correct. Then those who advocate this measure now came to Congress and said, " There is an emergency here. We are holding np everybody clearly entitled under the law to a p&'IIIit. We are refusing to issue permits to physicians. We are refusing to issue permits to wholesale drug importers. We are absolutely at the mercy of the law which you have enacted." And with that spirit of my o-ood friend the Senator from Minneso~a [Mr. NELSON] they tho~ght there ~volved upon them the duty of saving this country, because they thought that the doctors might kill everybody· and fuat is the situation presented here, and I refe:r to it only for the purpose of calling the attention of.. Senators who inten.d to support the measure to the fact that they are encouraging agenci~ of th:is Government, created by Congress, to dis-regard, to set at naught, to defy, the legislative action of Congress, when. it. clearly is against the Constitution for them to take such a course.

Mr.. STERLING. Mr. President-- . The PRESIDING OFFICER. Does the Senator yield to the

Senator from South Dakota? Mr. BROUSSARD. f yield. Mr: STERLING. Mr. President, I think the situation is

simply this: Whatever the Commissioner of InteriJal Revenue may have WI'itten to somebody-and the Senator has- alluded to a letterr to which he called attention in his remarks the otlier day-granting that it was true that- the Commissioner of Thternal Revenue had said that there was no restriction in the law against prescribing wine and beer for medicinal purposes, and that there was no limit to the quantity which might he prescribed,. it was assumed generally throughout the country by everybody that the law prohibited the prescribing of wine and beer. rt was assumed by the framers of the original Volstead Act. It was thought to be necessarily implied from the terms of that act that nothing but spirituous liquors could be prescribed for mooicinal purposes.

The House has passed this bill which we have under consideration now, H. R. 7294, and action on the part of the Senate is imminent uporr the same measure, which prohibits. the pr~-ccibing of beer. Under those circumstances, Mr. President, rs rt not the most reasonable thing that the Commissioner of Internal Revenue. should withhold regulations for the manufacture. of beer for medicinal pw-poses, it being quite evident that mthin a few days the Senate will nave passed the bill, and it w:lll have received the approval of the President?

I can__ not help but think that, in the interest of everybody, the brewers and the public as wen, the Commissioner of In· ternal Revenue is doing the right and proper thing in sayinif '~Until final action by the Congress of the United States oi will withhold the issuance of these regulations."

Those are the motives which are governing the commissioner, and instead of being censured for- it, I think he onglit to be lauded for the position which he has taken . •

Mr. SHORTRIDGE. Mr. President--The PRESIDING OFFICER. Does the Senator from Louisi·

ana yield to the Senator from California? Mr. BROUSSARD. I yield. Mr. SHORTRIDGE. Is there any doubt about what the

law is? 1\Ir. STERLING. I am not saying. as to what the national

prohibition act actually is. If the Senator will recall, I stated tlrat it was assumed that everybody throughout the country generally thought that the original VolStead Act pl'ohibited, impliedly if not expressly, the prescribing of wine and beer for medicinal purposes.

Mr. SHORTRIDGE. ff that be so, is any man in this Repub· lie above the law, or is any man beneath its protection?

Mr. STERLING. No; nobody is above the law. But there is some discretion, I suppose, in the Internal Revenue Commissioner, in. regard to the issuance of regulations, under which it shall be manufactured and prescrib&l for_ medicinal purpos~ and now, to avoid a disturbance of business, not only of the brewer's business directly, but of those related to it, the commissioner says, " I shall not in view of the pending legislation isSue. these regnlil.tions for the present." I think be is doing: the wise and the reasonable thing in taking that position.

Mr. SHORTRIDGE. Does the Senator think that it is a course of which we can appro-re?

1921. CONGRESSIONAL RECORD-SEN ATE. 4717 Mr. STERLING. I think that course upon the part of the

Commissioner of Internal Revenue, under conditions as they exist, ought to meet the hearty approval of everybody. Had no bill been introduced, had none passed the House of Repr~ sentatives, we might have said that the commissioner would have been jn tified in going ahead and issuing these regulations. But since we are now here discussing a bill already passed by the House, and the Commissioner of Internal Revenue lrnows that, as I have said before repeatedly, I think he has done the wise thing.

1\fr. WADSWORTH. May I ask when the opinion of the Attorney General was rendered?

Mr. BROUSSARD. On March 3, 1921. Mr. STERLING. I am glad the Senator calls attention to

that. Notwithstanding an opinion was rendered by the Attorney General as far back as March 3, 1921, I do not think any particular pressure has been brought to bear for regulations until comparatively recently. At least I heard of no agitation of the question particularly, except that · there was some wonder as to what might be done after the opinion of the Attorney General.

1\fr. BROUSSARD. I was glad to yield to the Senator, and now I want to answer him.

Mr. SHORTRIDGE. .I am not concerned with the merits of this bill for the moment, but does the Senator from South Dakota take the position that any man, unless authorized by law, directly or impliedly, can suspend a law?

:Mr. STERLING. He is not suspending the law, I will say to the Senator from California. The law has not commanded him to issue these regulations. .

Mr. BROUSSARD. What is that? Mr. STERLING. I think the law has not commanded him

to issue any regulations. 1\fr. SHORTRIDGE. Does the Senator then hold that it is

discr(>tionary with him to enforce the law, or to fail to enforce it? Is not that the law?

1\fr. STERLING. There is no question that he may issue regulations; that he may be expected ·to issue regulations. I think it likely that he would be under the law expected to issue regulations, but I do not recall any provision of the law that commands him to issue the regulations.

Mr. SHORTRIDGE. In other words, the Senator does not think it mandatory that he issue regulations permitting the matter sought in this particular instance?

Mr. STERLING. Not at any particular time, I think. 1\Ir. BROUSSARD. Mr. President, I listened very attentively

to the Senator from South Dakota in his defense of the commissioner for not issuing regulations under a law on the statute books of the United States. I have known, but I am satisfied that the Senator from South Dakota did not know, what the construction of the law was until March 3, 1921. But I have demonstrated that the prohibition commissioner as early as January 31, 1920, very clearly ruled that he had no authority to withhold these regulations and that he promised to issue them immediately and stated that he was preparing them.

Since March 3, 1921, the press of this city and the press of the country has almost daily announced that the regulations were printed and were ready to be issued. I am surprised that any Senator would take the position Qf the Senator from South Dakota in defending the commissioner in disregarding his oath of office and refusing to comply with the law and stating as a reason that the law does not suit his view and he is merely holding up these permits until the law ran be changed.

If the Prohibition Commissioner may suspend the operation of an act of Congress, no matter at whose instance, then we have reached the stage when the Congress might just as well delegate all its powers to some agency of the Government and let us go home and take a recess. We are here for the purpose of enacting laws. We are here for the purpose of creating agencies for the purpose of executing those laws and not to hold them up.

I do not know that I am doing justice to my friend the Senator from Ohio [l\1r. WILLIS], but it seems that I read in some paper in Washington that the Chief Executive had been appealed to by him to participate in this holding up of the operation of the law. I think that tlie press may have been mistaken; I hope it was; but as I read it I think that it had some reference to tlle Senator from Ohio. If I am wrong about that I desire to be corrected.

But now we have here the strange spectacle of Senators who find the law is not what they thought it was, when the enforcement division within 10 days after the enactment of the law, or after it went into efj:ect, knew that it meant a certain thing, and after holding up the law for nearly a year they submitted it to the Attorney General at a time when they

thought he_ was preparing to leave the office and would not have time to pass on it or give an opinion in the matter-just about 10 days before going out of office this matter which was first decided and then held up for a year was referred to him for an opinion and to their surprise he decided that these people had a right to the permits under the law.

1\!r. WILLIS. Mr. President--The PRESIDING OFFICER. Does the Senator from Louisi

ana yield to the Senator from Ohio? Mr. BROUSSARD. I yield. Mr. WILLIS. I presume the Senator from Louisiana refers

to me, though I do not know the substance of the article to which he refers.

Mr. BROUSSARD. I said I did not know whether the Senator had any part in it.

Mr. WILLIS. I have no objection to stating to the Senator from Louisiana that while of course I could not properly state what is the position of the Chief Executive, because that would be entirely improper even if I knew, and I do not know anything about it-I am not his spokesman or mouthpiece-yet I have no hesitancy in saying to the Senator that I did say to the Chief Executive what I now say to the Senator, that it seems to me it would be a perfectly ridiculous position for the Government to be in to permit the issuance of these regulations about which there has been so much discussion and then for the Congress a few days later to enact legislation that would set those regulations at naught.

I did say to the Chief Executive, and perhaps that is what may have been in the papers, but that I do not know anything about, what I now say to the Senator-that I think that would put the Government in a perfectly absurd position and everybody would be entitled to say that those who are in authority do not lrnow their own minds. That is my part in the matter and that ls my position now.

Mr. BROUSSARD. I know the Senator from Ohio is sincere in that opinion. I hold a different opinion, that any official of the Government who is willing to accept the office, finding a law upon the statute books and takes an oath to discharge its functions, is under that oath obligated either to resign that office or to carry out the law as he finds it on the statute books. I think that any influence which is exerted either upon the prohibition commissioner or the Secretary of the Treasury or the President of the United States is an undue, illegal, unconstitutional interference with the rights of men like I. L. Lyons & Co., who have been in business for 75 years and who under the law are entitled to this permit which is refused them because the law does not suit the view of the prohibition commissioner.

I understand there is a desire to have an executive session and I shall detain the Senate ·but a moment longer. Before closing I desire to read into the RECORD something which has regard to the matter to which I have directed my observations. It appeared in the Cincinnati Times-Star. I understand that paper is owned by Charles P. Taft, who is a brother of the present Chief Justice. Here is an editorial of Monday, August 1, 1921, entitled "The New Invisible Government," and which reads as follows:

"Great is the prohibition lobby. It is a very real imperium in imperio, or rather an empire within a Republic.

"The present Volstead law permits the manufacture and sale of beer for medicinal purp<>ses. A Democratic Attorney General so interpreted the law, and a Republican Attorney General agrees with his predecessor's interpretation. But the prohibition lobby, which works Congressmen on wires, has notified the Commissioner of Internal Revenue that it will force through Congress a law making the manufacture and sale of beer for medicinal purposes illegal. Therefore the commissioner has held up the lawful regulations for such sale and manufacture. · Meanwhile the prohibition lobby has forced its new bill through the House and it is now pending in the Senate. But the point is that a high official of the Government is taking orders from a congressional lobby, disregarding an existing statute while virtually enforcing a bill that the lobby promises to have passed at some future day. In other words, the law of the land is \'i·hat Wayne B. Wheeler et al. say it is going to be, not what it actually is.

" Much used to be written of ' invisible government,' implying that behind the scenes of Congress were tlle prompters, who gave the puppets their lines. Some of it was true and some of it was not. But to-day we have an open puppet show, in wllich the wires running from the lobby to the Congressmen are in fllll view, and all the world may see them move and then the Congressmen sequentially act. A fourth department has been added to the executive, the judicial, and the legislative. Or, rather, the fourth is the department of departments. It tells a Commissioner of Internal Revenue what the law is not but

4718 OONGRESSI9NAL RECORD-SEL~.ATE. AUGUST 5,

should be-; it hurries Congress in the- passage OE the la.w that it deman~ and. we have no assurance that it will not ten the courts how the law should be intenpreted."

SOUTHERN T.ABIE'F CONGRESS..

Mr. McKELLAR. Mr. President,. the Sou.th.em Tariff Con.gress is going to hold a meeting at Greensboro, N. C., on August 15 and 16. I ask unanimous consent to have printed in the REcoRD two brief letters- wit1i reference to that meetin&

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

The letters are as follows :. THE GREENSBORO NATIONAL BANK,

Green:sburo, N. 0., August 8, 1921. Hon. KENNETH J\Ic.KELL.U,

United States Senate, Waslltington, D. 0.: National tariff policies and: purposes are underg<Jing a I.e

examination by those engaged in creating and conserving the wenlth ot the South, and the effect ot the tariff levy upOII the industry· and upon southern progress- is engaging, the careful attention of thoughtful men.

At Greensboro August 15 and 1u the authorized spokesmen of southern agricultural, commercial, and industrial interests will hold a Southern Tariff' G'ongress to consider the Fordne;y tariff measure.

You will render the South a dis:tinct service by your pres.ence and counsel at t.h.iB congress, and we extend you a special imdtation to be with us.

We inclose copy of the call for the congre...~ and will thank you for your attention to this. matter.

Yours, very truly, E. P. WH.A.R:roN,

President North Oa1~olina Division Soufher-n Ta1·itr Assoei-ation.

Mr. E. P. WHARTON, Greensboro, N. 0.

A."'CGUS'D 4, 1921.

lli DEAR MR. WHARTON: Yam· courteous invitation of the 3d to attend a meeting of. the SDuthern~ Tariff Association at Greensboro, N. C., .A.neaust 15 and 16 received an<l noted.. I greatly regret that my duties her.e will prevent my attendance upon this meeting.

However, it is but frn.nk for me to say that I feel that I would be· out or place at such a meeting and could not come: in any ev-enL

I am unalterably opposed to a protecti"Ve tariff. I helie~e there never was a time in otir' history wlien a protective tariff woukl do more to injure the. Amerien.n peaple than now. The one ab.snlutely necessary cnndition to American prosperity is our ability to sell ow:. surplus products ahroad. We produce so muclt more than we can consume, it seems. to me that any person would know· that we ea.n not IJe truly. prosperous unless we rune a. ready foreign, market fon these. SUl'Plus products, The main cause of the present business depression in the United States is unquestionably ou:r inability to dispose of these surplus praducts abroad. Now,. why we. shouid undertake to make, it mm·e difficult to sell this surplus. abroad. is.. abselutely- unexplainable to me. Of course, when we put a tariff wall about. our own countcy, other nations· can. not ship us theix goods~ We ha..ve over half the gold supply of the whole world in our country, and, of ~ourse, foreign business men. can net bey our goGds and pay for tbem in gold. It follt~ws· that if they get our goods they must pay for them with. their goods. T]rlg is so elemental that it seems to me that any man can see: it &nd understand it.

For these reasoDS; I ha..ve; no. sympathy whatever with the preposed conference of the Sautllern Tariff Association.' I belieTe that such a meeting is· w-holly inimicable to the be~t interests not only of the South. but of our whole country.

.A. sho11t time ago. I: was besieged with. letters. from members of the Southern Taxiff .Association to vote for the so-called farmers ·emergency tariff bill. Holding. the· views I dn, of com:se I did not vote for that bill You wiR recall that our Republican friends and their high-protective Democratic aides declared that bill would not only restore the farmers to a; condition of prosperity but would aid in. restoring the w.hole countl:y. Now, instead of these. predictions coming true, if there- is a man, woman, or child i.DJ this c.ou.ntry who re.all~ believes that bill has

·helped a.DJ7body. except possibly. a. few profiteers, that man, woman, or child has. not yet arisen to make the statement that the bill has hell)ed.

The present Underwood ta.riff la:w i a. most excellent la.w. It brings in more re~enue 1Jlan a.ny tariff l.a.w ever on tlie statute books, and! ought not to, be repeuled nor even. amended, except possibly to lower some of the rates.

I think that. the- best servic~ that th~ Southern Tartff Association could do to the South would be for it to dissolve. o~ .. in• any event, it shoul{} change its purposes and dev-ote its attention to the- bu:ilding, up of our foreign trade, upon which OlU" prosperity. really depends.

I hope yoa will pardon me-, my dear Mr. Wharton~ for writi.q plainly 3.8" to this matter: I would be- untrue to the principle&l I believe iR did I not so exp1·ess myself in view of your veey courteous invitation and your- own ftank statement of the PMposes of the proposed convention and in view of the :vast cour and. the published purposes of the Southern Tariff Association.

Very sincerely, yours, KENNETH: M.cKELLAB.

HEALTH AND FOOD CONDITIONS IN THEr SOUTH.

Mr. MGKELLAR. & President, I wish to state that sevemr days ago a public.3;tion wa.s made in reference to pella.gra and: a state of semiflunine in the South. The public health authorities, by direction of President Harding, as I recall, were to meet here to-day and report upon the matter. They did meet here to-day; and issueu a statement in which they assure the public. that there is no state of semifamine in the South and that pellagra, instead of increasing, has actually decreased in the last few years.

I ask unanimous consent that the newspaper n:rtic!e containing the· statement of the puJHic healtll' authoritie.s' may be placed in the REccmu.

The PRESIDING OFFICER. WitJrout objection, it is so m-dered.

Tile matter referred to is as follows: " State health officers of· the Southern- States, in cnnferen~e

at the request of the Surgeon General of the United States Public Health Service, deplore tile fact that an impression has been created. that famine conditions exist in the South.. and as a result that peiiagra. has increased' to an. alarming extent.

"After making an investigation, using an information available, w.e do not believe the situation warrants or shanld occasion any nndne alarm. The indications are· tliat there· will be. an mcrease in pellagra this year in_ localitie-s in certain States w:liere the disease. has been. endemic. but data in hand show in an unmistakable way that the nnmber of cases and deaths from pellagra d:ni:ing 1921 will still be less than. the annual avei:age during. the p.eriod of 1914 to 1921.

" Ill otlier words, it- is: fully subst:mtiated by facts in hand that pellagra has. steadily decreased in. the Southern. States during previous years. In drawing conclusions relati.:re to· the actual control of any disease comparative statistics are· valueless unless a:n analysis is made for a period of years nut res than fi, and preferably 10.

"PLAGUE OR lliU!U1J NOT THil.EATE~ED.

u There is no condition:. approaching a f~ine or plarue in the South. It is- Gbvious- that this is a cleiii' case of misinterpretation of teTms:1 arr inem.·1rect analysis, a:nd as a result tatementa have beenJ made that are erroneaus and mislellding to the public.

" We · realize- that pellagra requires scientific and a:ggressive consideration:, and thak t.h..e- solutron of the pellagra problem depends. upon sane educational methods: The- whole question• is one tlmt should be a:pprqaeh-ecr as a publill-liealth problem and dealt with by, a. well-defined pln.~

'"There> crui be~ no doubtt that the:r~ will be an. increase in the: p1·evalence: of tuberctllosia; pel~1·a, and< other diseases d~ing the next: few yea:rs as a: result of tlie economic depre sion throughout the- entire country, unless. Federal, State:, and· .local health depa:rtments are giv-en adequate financial support and eoop~a.tion:: in. dixeating intensive: nublic-health education and in the establisllment and maintenance of local health orgaruiza.ti.ons wbicrr are- fundamental in the prevention and control of all disease. and the promotiorr of the public health.

"DLV!STON" 011 OPL\'"ION.

"The health officers were e\enly divided as to the advisability of going on. :recor.d.. that tha pellagra situation was. n.o wors"e at tha pr.esent time than.. during recent yearsc. Dr. West declared tlia.t, while fie- ' resented from tlie end o:f his toes. to the top of hfs head. charge&·that a veritable- condition of famine existed in tlie South,' health anthorities sfioul'd realize the seriousness of tiie situation~ Dr~ 0. W. Ga.ITison, of Arkansas, took a similar position, while Dr. James A. Hayne South Carolina; Dr. A. T. McOonnack, Kentucky; S- W. Welch, Alabama; and Dr. W. S. Leathers, l\:Ifssissippi,• were among those who contended the situatiDn was no worse than. in previous years."

1\fr. WILLIAMS. :Nil:. President. r wish. to express my re:gr.et tlia.t some. of aur southern pee~le~ witll.. w.hat I consider enggerated_ sensitiveness, althougli. r· lionor. their sensitiveness very much, seem to have expressed' themselves about the Pre i-

1921. CONGRESSIONAL RECORD-BE JATE. 4719 -dent's first notice,. calling attention to this statement of threatened famine and pellagrn in the South~ as a sort of insult to us. Of course, I understand the basis of the feeling that led them to some extent ta resent that, more in the newspapers- than else· where; but of course the President of the United States could not have had any sort of idea, nor could the Public Health SeL'Vice have had any sort of idea, of insulting the South or slandering it in any way in the world. They are doubtless just as glad to learn the facts in the case, which were known to me before this report was made and were probably known to the Senator from Tennessee before it was made, as we are ourselves.

So far :fl;om showing any bad feeling, it showed rather a feeling of generosity and a desire to be helpful, if any need for helpfulness existed. I merely desired to make this statement in behalf of the South.

Mr. McKELLAR. l\fay I say~ in addition to what the Senator from Mississippi has saW, that I made some remarks on the same matter some· days. ago and took exactly the same position and praised President Harding for his generous views about it. He was just misled about the facts.

Mr. WILLIAMS. If I had known that, I would have left unsaid what I have just said, because I would have known the same thing had been said, and better said, probably ; but I did not know it, and I thought some one ought to say it before the. matter passed into history.

EXECUTIVE SESSION.

Mr. LODGE. I move that the Senate proceed to the consid· eration of executive business.

The moti<>n was agreed to; and the Senate proceeded to the consideration of executive business. After fi'fe minutes spent in executive session. the doors were reopen~.

RECESS UNTIL MONDAY.

Mr. LODGE. I move that the Senate take a recess until Monday next at 12" o'clock.

The motion was agreed to; and {at 5 o'clock and 1~ minutes p. m.) the Senate took a recess until Monday, August S, 192:4 at 12 o'clock meridian.

CONFIRMATIONS.

Executi-ve nominations coo{irrned b1/ tlte Senate A.ttf11;t8t 5, 1921.

TREASURY DEP.ARTnENT. COu..ECTOB- OF CUSTOMS..

Charles C. Hinkle to be collect(){" of customs, district No. 43, Memphis, Tenn.

P6STMASTERS.

AlUzON .A,

Alice V. Taylor, Inspiration. CALIFORNIA.

Flora A. Hastings, Coachella. George W. Turner, Fresno. Frank Fesler, Owensmouth. Eldo R. West, Yorba Lih-da.

C~"'NECTICUT ..

Robert J. Benham, Washington. DELAWARE.

F·red C. Powell, Harrington. ID.A.HO.

Willard G. Sweet, Arco-. Lillie B. Young, Kuna. Fred H. Chase, Leadore. Oren M. Laing, Meridian. Lewis N. Balch, Potlach. Benjamin E. Wee1...-s, Sho houe.

INDIANA.

Edith B. Robertson,. Ambia. Herman U. Blood, La Fontaine. James B. King, Star-City .. Jesse F. McGehee, Washington.

KENTUCKY.

William Blades, Island. Mattie B. MnlliD:S, Mount Vernon.

MAINE.

· Burton A. Hutchinson~ Buckfield. Harvard M. Armstrong, Cape Cottage. William E. Bragdon, Flanltlin.

MASSACHUSETTS.

Frank W. Niles, Charlemont. Addison T. Wlnslow, Nantucket. Clifford H. Dickson, Pittsfield.

Everett A. Thurston, Swansea. Webster L. Kendrick, West Brookfield.

NEW J EBSEY.

Joseph Cassio, Fail•view. Jo.hn R. Fetter, Hopewell. William A. Cullen, Waldwick. William C. Swackhamer, White House StatioiL

l\ltW YORK. Edrul.- Glezen, Blasdell. Harry B. McLaughlin, Liberty.

omo. William & Parlett, Dillonvale. Henry E. Fisher, Osborn. Crayton El Womer, Republie. Alice C. Griffith, Worthington.

O.REGO~.

John B. Schaefer, Linnton. RHODE ISLAND.

Walter A. Kilton, .Providence. WASHI~GTON.

Ira G. Allen~ Pullman. W!SCO~SIN.

Walter W. Peterson, Centuria. Ervin D. Koch, Kewas1.'1l.Dl. Herman A. Krueger, Merrill. Clyde D. Sullivan, Phillips. Walter C. Crocker, Spooner. '

SENATE .. MoNDAY, August 8, 1fm1.

(Leg-islative day Of Friday, Auuzut 5, 1921.)

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

Mr: LODGE. Mr . .President,. I make the point of no quorum. The PRESIDING OFFICER (.1\Ir. McNARY in the ch.air).

The Secretary will call the roll. The reading clerk called the roll, and t11e following Senators

answered to their names : Ashurst Goo~ McKellar Ban Ha,rreld Mc..~ary · Brandegee Heilll'l Nelson Broussard J ob.nSon Nicholstnl Bursum Jones, Wash. Norbeck Cameron Kellogg Oddie Capper Kenyon Phipps Culberson Kexes- Pittmlln Curtis Laud Poin<fexfer Dillincgham La Follette Sheppard Ernst Lenroot Shortrtttge Fletcher Lodge Simmons

Smith Smoot Spencer Stanfield Stanley Sterling Trammell Wadsworth Warren Williams Willis

Mr. McKELLAR. I wish to announce. tbe absence of the seniru· Senator from Virginia [Mr. SwANso~] and the junior Senator from Virginia [.1\.lr. GL.ASS] on business or the Senate..

Mr. CUR~IS. I desire. to announce the absence of the Senato1" from Pennsylvania [Mr. PENROSE] on o-fficial business.. He. is engaged in hearings before the Senate Coiillilittee on Finance. I ask that this announcement may stand for the daF.

Mr. LA FOLLETTE. I desire to announce the absence of. the Senator from Nebraska [Mr. NoRR!s] on account of illness. I shall Iet this announceme-nt stand for the day.

The PRESIDING OFFICER. Forty-seven Senn.tox·s having answered to their names, there is not a. quorum present. The Secretary will call the roll of ab entees.

The reading clerk called the names of the absent Senators, and Mr. BoRAH and Mr. RA snELL answered to their names when called.

1\Ir. OVERMAN, Mr. KING, MF. TowNSEND., Mr. W A'l'SON of Indiana, Mr. MosES, Mr. Po:MERENE, Mr. DIAL, 1\Ir. McLEAN, a.nd ~·. CABAW .AY entered the Chamber and answered to their names.

The PRESIDING OFFICER. Fifty-nine Senators having. anSwered to· their names, a quorum is present.

P'RO:P6SED: CONS'r!TU1'10NAL AMESDME.."!IfT. . Mr. SMOOT. If the Senator from South Dak&ta. [Mr.

STERLING] will yield for a m-oment, r introdu~e a joint resolution and ask that it may be read.

· The joint resolution (S. J. Res. 97) proposing an amendment to the- Constitution of the United States was read the first tim~ by title and the second time at length, as fo-llows:

.kesoZved by the- Senate an.d Hou.~ ot Revreset~ta#11es at tire- Unitecl States o/.A.meJ."ioa m 00?1greu a~sm.bW (t~thirds of each. H.ouu cot...curring tlterein), That the following article is proposed as an amend·

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