4876 CONGRESSIONAL R:ECORD -HOUSE May l3 I James Major Baley, Jr., of North C~rO":. RESIDUAL OIL SPECIAL ORDER GRANTED Una, to be United States attorney for the KELLEY Mr. POWELL (at the request of Mr. western district of North Carolina~ vice Mr. of Pennsylvania. Mr. Thomas A. Uzzell, Jr., resigned. Speaker, I ask unanimous consent to MAcHRowrcz) was granted permission. to extend my remarks at this point. address the House for 5 minutes· today, The SPEAKER. Is there objection to following the legislative business of the CONFIRMATIONS the request of the gentleman from day and any other special orders here­ Executive nominations confirmed by Pennsylvania? tofore entered. the Senate May 13 (legislative day of There was no objection. May 12), 1953: Mr. KELLEY of Pennsylvania. Mr. ~' DIPLOMATIC AND FoREIGN SERVICE 1 Speaker, under prevailing trade laws, CALL OF THE HOUSE ~ Horace A. Hildreth, of Main'e, to be Ambas-: unlimited quantities of foreign residual Mr. HALLECK .. Mr. Speaker, I make sador Extraordinary and Plenipotentiary of oil may be imported into this country the point of order that a quorum is not the United states of America to Pakistan. -regardless of the adverse effects on do- present. - DEPARTMENT OF THE TREASURY' mestic industry and American WOrkerS. The SPEAKER. Evidently, no quorum catherine B. Cleary, of Wisconsin, to be As a consequence, thousands of miners is present. · Assista.nt ~easurer of the United states. and ·railroaders are unemployed, and Mr. ALLEN of Tilinois. Mr. Speaker, MISSISSIPPI RIVER COMMISSION whole communities are suffering severe I move a call of the House. · Brig. Gen. John R. Hardin (colonel, Corps economic depression. A call of the House w.as ordered. of Engineers) to be a member and President The President has asked that theRe­ The Clerk called the roll, and the fol­ of the Mississippi River Commission. ciprocal Trade Agreements Act be ex­ lowing Members failed to answer to their UNITED STATES DISTRICT JUDGES tended in its present form for a full names.: Julius J. Hoffman to be United States dis­ year. Apparently he is willing to retain [Roll No. 35] trict judge for the northern district of illi­ .the status quo for our coal areas, re­ Angell Hays, Ohio Sieminski nois. (New position.) gardless of the widespread distress that Baker Hull Simpson, Pa. Win G. Knock to be United States district Barrett Johnson Small becomes progressively worse with the Bennett, Mich. Kearns Smith, Miss. judge for the northern district of Illinois. rise in shipments of foreign residual Boykin Krueger Smith, va. (New position.) · oil into this country. Brown, Ohio Mcintire Sutton COMPTROLLER OF CUSTOMS Bush M1ller, Calif. Taylor I therefore feel that the Congress must. carlyle O'Ne111 Warburton Albert Cole, of Massachusetts, to be comp­ assume the responsibility of enacting Dempsey Poulson Williams, Miss. troller of customs, with headquarters at Bos­ equitable legislation for the protection D'Ewart Rabaut Withrow ton, Mass. of our labor groups and our industries. Feighan Reece, Tenn. Wolcott COLLECTOR OF CUSTOMS Gubser Roberts Regardless of the glowing promises in Hart Shafer Carroll L. Meins, of Massachusetts, to be the administration's long-term plans, it collector of customs for customs collection is heartless to permit the suffering The SPEAKER. On this ·rollcall, 392 district No. 4, with headquarters at Boston,_ among our coal and railroad groups to Members have answered to their names. Mass. be continued. To extend such condi­ a quorum. II ..... •• tions for as much as a year would be By unanimous consent, further pro­ abhorrent. It is difficult for families in ceedings under the call were dispensed HOUSE OF REPRESENTATIVES affected areas to obtain the proper food with. essential to good health. They are en­ WEDNESDAY, MAY 13, 1953 tirely unable, with 'their incomes re­ TREASURY-POST OFFICE DEPART­ The House met at 11 a.m. stricted to unemployment compensation MENT APPROPRIATION BilL The Chaplain, Rev. Bernard Braskamp, or relief, to purchase clothing and neces-:- D. D., offered the following prayer: sary household items. With each addi­ Mr. CANFIELD, from the Committee tional month that they are unemployed; on Appropriations, reported the bill Almighty God, in this brief moment of the situation is aggravated. . (H. R. 5174) making appropriations for prayer and meditation, may we be re­ . To me it appears strange that a year's the Treasury and Post Office Depart­ freshed and renewed in spirit and study is needed when we already have ments for the fiscal year ending June 30, inspired to dedicate and devote ourselves ample evidence of the damage wrought 1954, and for other purposes, which was more resolutely and wholeheartedly to upon the coal industry by residual-oil read the first and second times, and with the doing of Thy will. imports. Committees of both Senate and the accompanying report referred to the Grant that, in 'these tense days, when House made studies of the situation after Committee of the Whole House on the nerves· are taut. and we are in danger of 75 million barrels of residual oil were State of the Union and o_rdered printed. cracking up under the pressure of life, shipped into the United States in 1949. Mr. GARY reserved all points of order we may learn the secret of patience, At those hearings it was learned that on the bill. poise, peace, and power in hearing and upward of 25,000 miners lost their jobs heeding Thy voice when Thou dost say, or had their working time reduced as "Be still and know that I am God." a result ·of the loss of coal markets to SPECIAL ORDERS GRANTED God forbid that we should ever yield foreign oil. In 1952, residual-oil imports Mr. DIES asked and was given per­ to the devastating feeling that life is were 75 percent more than the amount of futile and not worthwhile but before we the 1949 imports. mission to' address the House for 1 hour on Tuesday, May 19, 1953, following the are at our own wits' end may we have Why must we permit our people to> the grace and the wisdom to follow and be the victims of a policy which, by the legislative business of the day and any try the way of our blessed Lord. President's own statement, is so ques­ other special orders heretofore entered. Hear us in His name. Amen. tionable that a long investigation is in Mr. POWELL asked and was given permission to address the House for 5 The Journal of the proceedings of yes­ order? Should ·not our own people re­ terday was read and approved. ceive the benefit of any doubt which the minutes today, following the legislative President may have about this policy? business of the day and any other special I recommend that the Congress enact orders heretofore entered. LEAVE OF ABSENCE a law restricting residual-oil imports to Mr. BAILEY asked and was given per­ Mr. SMITH of Wisconsin. Mr. Speak­ 5 percent of domestic demand for the mission to address the House for 10 min­ er, I ask unanimous consent that our­ corresponding quarter of the previous utes on tomorrow, following the legisla­ colleague the gentleman from Wiscon­ calendar year-a provision that is in­ tive business of the day and any other sin [Mr. HULL] be granted an indefinite cluded in the bill now before the House special orders heretofore entered. leave of absence because of illness. Ways and Means Committee. If another Mr. MARSHALL asked and was given The SPEAKER. Is there objection to long study is necessary, as is claimed, our permission to address the House today the request of the gentleman from Wis­ people should at least be given the op­ for 20 minutes, following the legislative consin? portunity to earn ·a living in the mean­ business of the day and any other spe .. There was no objection. while. cia! orders peretofore entered. 1953 CONGRESSIONAL RECORD -HOUSE 4877 REPORTS FROM THE COMMI'ITEE Mr. ALLEN of Tilinois. _ I will say I there is presently no Submerged Lands ON RULES ~now of no other person. Act in existence. In my long experience Mr. ALLEN of Dlinois. Mr. Speaker, Mr. COLMER. Mr. Speaker, I yield in the House I do not remember wheri I ask unanimous consent that the Rules 5 minutes to the gentleman from New we were called upon to do just that: Committee may have until midnight to. York [Mr. CELLER]. namely amend an act not yet passed. night to file reports. Mr. CELLER. Mr.- Speaker, we are There may have been some exceptions The SPEAKER. Is there objection to asked to do something which is rather during the war because of the emer­ the request of the gentleman from Dli­ unprecedented this morning, ~ost anom· gency, when we did that. We did un­ nois? alous, in my humble opinion. You may usual acts during the war in the interest There was no objection. recall that we passed the so-called· off· ?f speed. But what is the need for hurry­ shore bill which contained three titles, Ing now? I can conceive· of no reason three separate titles, I, II, and III. Title for rushing this bill, as was the case ~UBMERGED LANDS ACT I involved definitions. Title II apper­ yesterday before the Judiciary Commit.;. Mr. ALLEN of Illinois. Mr. Speaker, tained to submerged minerals seaward tee. I call up the House Resolution 233, and to traditional State boundaries. Title An announcement was made on the ask for its immediate consideration. III appertained to the minerals seaward floor that there would be an executive The Clerk read the resolution, as fol­ from the State boundaries outward to meeting of the Judiciary Committee. lows: the Continental Shelf. In the Senate Very few members were present. The title III was stricken from the bill. matter was very cursorily considered be­ Resolved, That upon the adoption of this resolution it shall be in order to move that I repeat, title III appertains to the fore the Judiciary Committee yesterday the House resolve itself into the Committee mineral deposits in the lands seaward morning. There was no debate. There of the Whole House on the State of the Union from the traditional State boundaries was only the exhortation to hurry. for the consideration of the bill (H. R. 5134) clear to the Continental Shelf. Ordi­ There was opposition to the procedure, to amend the Submerged Lands Act. After narily bills passed differently in the Eight members of the Judiciary Com­ general debate, which shall be confined to two bodies would go to conference and mittee voted against the bill. All of the bill, and shall continue not to exceed 2 the confe.rence would resolve or attempt them were not opposed in principle to hours, to be equally divided and controlled the bill, but they registered thereby their by the chairman and ranking minority mem­ to resolve the differences between the ber of the Committee on the Judiciary, the two Houses; instead, this rule, as a re­ protest against this rush proposition. bill sha]J. be read for amendment under the sult of an agreement, would make in Twelve members voted for the bill. That 5-minute rule. At the conclusion of the con­ order the consideration by this body of means there were 20 members present sideration of the bill for amendment, the the Senate bill which, as I s·aid, contains out of a membership of 30. A number Committee shall rise and report the bill to only title I and title II which appertain of members said this morning they had the House with such amendments as may to the offshore deposits from the low­ not received the notice of meeting, which have be ~n adopted, and the previous ques­ water mark to the traditional State was by telephone. I only received the tion shall be considered as ordered on the bill notice by chance. I happened to speak and amendments thereto to final passage boundary. without intervening motion except one mo­ _ Mr. HALLECK. Mr. Speaker, will the to one of the members and he asked:­ tion to recommit. gentleman yield? "Are you going to meeting?, I asked. "What meeting?" I was told what the Mr. FEIGHAN. Mr. Speaker, a point Mr. CELLER. I have only 5 minutes and have not yet expressed what I meeting was. The meeting was not in of order. wanted to say to the House, but I yield an unusual meeting room but in the aux­ The SPEAKER. The gentleman will iliary room of the Ways and Means Com­ state it. to the distinguished majority leader. · Mr. HALLECK. I just wanted to say mittee, of this Chamber. Mr. FEIGHAN. Mr. Speaker, I make Mr. Speaker, for the reason stated I a point of _order against the consider­ to the gentleman that the Senate bill which contains title I and title II is not think it is wrong for us to be pushed into ation of this rule because it attempts .the acceptance of these two rules in to make in order the consideration of made in order by this rule; this rule makes in order the bill dealing with so· this fashion. I shall oppose both, if only the · bill H. R . 5134, which is a bill to to register emphatically my protest amend a nonexisting act. called title III, or lands on the Contin­ -ental Shelf beyond the traditional State agains~ the highhanded procedure. The SPEAKER. The Chair will state boundaries. There should have been the usual con­ that the point of order that has. been ference. raised by the gentleman from Ohio is Mr. CELLER. I am referring to the The SPEAKER. The time of the gen­ not one within the jurisdiction of the -second rule which also was passed by tleman from New York has expired. Cltlair, but is a question for the House .the Rules Committee and which we shall next consider. The first rule is for H. R. Mr. ALLEN of Illinois. Mr. Speaker, to decide, whether it wants to consider I yield 15 minutes to the gentleman from such Iegisla tion. 5134-the Graham bill. We are con­ fronted this morning with two rules, one Indiana [Mr. HALLECK]. The Chair overrules the point of order. referred to making in order the Senate Mr. HALLECK. Mr. Speaker, I need Mr. FEIGHAN. Mr. Speaker, may I bill, and the present or instant rule mak· not remind my colleagues that this mat­ be heard on the point of order? ing in order consideration of a bill H. R. ter of submerged lands legislation has The SPEAKER. The Chair has al­ 5134 which refers to title III primarily been before the Congress and the country ready ruled. but which was given scant attenti6n for a long, long time. Pages and pages Mr. ALLEN of Illinois. Mr. Speaker, by the Judiciary Committee to which it of debate, some of it relevant and some I know of no one whn is opposed to this was referred. of it highly irrelevant, have been devoted rule, although there may be two or three, . It might be argued that title III was to this subject. I do not know how others I have no requests for time. debated fore and aft when the general may feel about it, but, as far as I am Mr. CELLER. Mr. Speaker, will the bill was before us, but I wiJl say that the concerned, I want to get this behind us. gentleman yield? a<.!ministration-and I turn my atten­ I want to be done with it, done with it in Mr. ALLEN of Illinois. Mr. Speaker, tion to those on my left-the adminis­ as good a fashion as· we can work out, but I yield 30 minutes to the gentleman from tration officials who appeared before our once and for all let us decide it and Mississippi [Mr. COLMER]. committee indicated that they wanted have it behind us. Mr. BROOKS of Louisiana. Mr. a bundle bill; they wanted a bill con· The gentleman from New York stated Speaker, will the gentleman yield? taining all these titles. They stated that that this rule makes in order an amend-. Mr. ALLEN of Illinois. I yield. they did not want them to be considered ment to legislation that has not yet been separately-title I and title II as dis· ena.cted. But let me point out that is Mr. BROOKS of Louisiana. I do not completely procedural. It is a matter w~nt to take any time at this point but tinguished from title III. I do not want the gentleman's remarks . The point was raised by the gentle­ for the House to determine. Of course, to remain unchallenged that there is man from Ohio that we are actually at· if it should be that titles I and II as they no one opposed to the rule, because I tempting in this bill to amend something will be sent .to the White House are ve­ expect to vote against the rule and I that is nonexistent. toed, then what we are seeking to do know of several others who will vote This bill, this H. R. 5434 would amend would be of no consequence, but I think against the rule. the so-called Submerged Lands Act, but we all understand that that result is XCIX-307' 4878 • CONGRESSIONAL RECORD - HOUS~ May 13. not going to come about. So what we language is identical with that contained Mr. LANTAFF. Mr. Speaker, will the are doing here, in my opinion, is get­ in a bill passed in the last Congress. gentleman yield? ting at this proposition in a most orderly Mr. HALLECK. I have not checked Mr. HALLECK. I yield to the gentle­ manner. that carefully, but if the gentleman says man from Florida. What the gentleman from New York it is identical, then for me that is enough, Mr. LANTAFF. To clarify our pro­ stated as to the actions of the Judiciary because I admire his capacity and his ceeding here this morning, will the bill Committee, I . suppose, has a certain knowledge.of the matters that come be­ for which the rule is now sought in any amount of merit, but, on the other hand, fore us. way conflict with the provisions of the it was largely a formality of procedure Now what are we trying to do? We bill enacted by the Senate pertaining to because just a few short days ago the simply are seeking to adjust to a parlia­ titles? House of Representatives acted on this mentary situation that which has devel­ Mr. HALLECK. No, not at all, be­ whole proposition after careful consid­ oped between the two bodies of the Con­ cause it deals with a different matter. eration by the great Committee on the gress. And let me say for the record The bill as passed by the Senate, which Judiciary, .which reported to the House that I have been assured, and many of is in large measure like titles I · and II after full and thorough debate here. us have been assured, by the leadership of our bill-there are some slight dif­ Titles I, II, and III were all open to in the other body that they will act on ferences, but it is largely titles I and II amendment. Amendments were offered this title III and bring it to passage as of the bill we recently passed__:.deals and arguments were made. Some fa­ a separate measure. If that is accom­ with the traditional areas of the States. vored titles I and II but not title III, and plished, then what is the difference so This bill deals with the areas beyond the some favored title III but not titles I and far as the end result is concerned be­ traditional boundaries and so certainly II. But, in any event, we did debate it tween proceeding as we are or, per­ could not be in conflict with the other and we did act on it and the House of chance, sending this whole matter to legislation for which a rule has been Representatives came to a conclusion. conference? granted and which we hope to take up All that we are here seeking to do so Now, there are some practical con­ today upon thJ adoption of the pending far as title III is concerned is to enact siderations in connection with that, hav­ legislation. that title as it was previously adopted by ing regard to our desire to finally wind Mr. LANTAFF: This bill is merely the House of Representatives. One this up and get on with the other busi­ further amplification and sets up the would hardly think that this was an ness of the Congress that I think should machinery under which the Continental earth shaking proposition requiring any weigh with us. I will not undertake to Shelf beyond the historical State bound· excoriation of j;he great Committee on go into detail now. I know there are a aries is to be administered? the Judiciary which after all, as I pointed few Members of this body who are in Mr. HALLECK. That is right. out, is seeking only to cooperate with us opposition to the provisions of the bill Mr. CELLER. Mr. Speaker, will the in getting this matter decided once and this rule makes in order, but I dare say gentleman yield? for all. that the overwhelming majority of the Mr. HALLECK. I yield to th~ gentle­ Now, it is true that so far as our com­ Membership on both sides of the aisle man from New York. mittee was concerned in the previous is supporting this title III which has to Mr. CELLER. I am sure the gentle· action it was determined to put the mat­ do with the ·rights of the Federal Gov­ man is not naive enough to believe that ter all in one package, to deal with the ernment in the Continental Shelf be­ the Senate, which contains a great many historic boundaries of the States and yond the traditional boundaries of the so-called States righters, will accept this their rights within those historic bound­ States. So if I am correct in that, and so-called Graham bill, title III. If that aries-something · I have supported I think I am, I dare say when this bill is the case, do we not .then destroy our throughout the years-and likewise to comes on for passage, if the roll should bargaining power? If, under the usual, deal with the Continental Shelf which, be called, or if there is a division vote, ordinary procedural developments, we as the gentleman from New York says, you will find at least 90 percent of the went into conference, we would have that goes out beyond the traditional bound­ Membership supporting this legislation bargaining power. Now we destroy that ary. Putting this all in one package, I presently before us. bargaining power as far as the House is thought, was a good way to get at the Mr. BOGGS. Mr. Speaker, will the concerned. problem, but it so happens that the other gentleman yield? Mr. HALLECK. I recognize the great body did not see it that way. They Mr. HALLECK. I understand the capacity of the gentleman from New elected to handle the matter in a two­ gentleman from Louisiana is against this York. I am sure he recognizes with me package approach. bill, and some of his colleagues from that in matters before the Congress we Mr. RAYBURN. Mr. Speaker, will the Louisiana ·are against it, and there may shall certainly not suspect the integrity gentleman yield? be a few Members in some other States of the statements that are made by peo­ Mr. HALLECK. I yield to the gentle­ who are very vitally interested in titles ple in the Congress. man from Texas. I and II that may be a little unhappy Just let me say this, and I think the about this title III, but just let me say gentleman from New York will agree Mr. RAYBURN. This matter, it seems to the gentleman, recognizing the reali­ with me, certainly the people on the to me, is very much misunderstood. So ties, that this is about the way it has other side who were against titles I and far as title III is concerned, the bill got to be if we are going to have II are going to support title III. I have under consideration· now, it simply ac­ legislation. knowledges that the Federal Govern­ been assured, as I said before, by there­ ment owns all the land in the so-called Mr. BOGGS. I should simply like to sponsible leadership in the other body Continental Shelf, out from the histori<; correct the record to point out that the that title III will be brought up and will boundary, and simply sets up the ma­ bill passed in the last session of the be brought to enactment. chinery whereby the Federal Govern­ Congress by the House of Representa­ Mr. YATES. Mr. Speaker, will the ment can administer the Continental tives was not identical with title III, the gentleman yield? Shelf. bill that is befpre the House today. It Mr. HALLECK. I yield to the gentle­ provided for 37.5 percent participation by man from Illinois. Mr. HALLECK. I think the gentle­ the States in the royalties, and also pro­ Mr. YATES. The gentleman stated man is correct, and I am glad he made vided for the taxing and police authority. that those who had opposed the original that observation· at this time. So far Mr. HALLECK. The gentleman may tidelands bill should support the pend­ as I am concerned, my view is that the be correct about that. We have had ing bill. Does the gentleman mean by Federal Government should exercise that this bill before us so many times and that that in the event the tidelands bill control and should have that domina­ there have been so many changes here as passed by the other body is declared tion beyond the historic boundaries. . and there that I must confess that on unconstitutional, then this bill will ap­ · Mr. WALTER. Mr. Speaker, will the occasion I have lost sight of the details. ply not only to the Continental Shelf gentleman yield? However, if I recall, going back into beyond the so-called historical State Mr. HALLECK. I yield to the gentle­ the record, at one point the gentleman boundaries but to the land within the man from Pennsylvania. from Louisiana was contending for the historical State boundaries as well? Mr. WALTER. The gentleman has traditional boundary, but I do not recall Mr. HALLECK. Of course the gentle­ stated that title III was contained in a that he was contending so very vigor­ man is astute enough to know that it bill as it passed the House. I would like ously for the area beyond the tradi­ undertakes to assert the Federal rights to call his attention to the fact that the tional boundary. beyond the traditional boundaries. If 1953 CONGRESSIONAL RECORD -HOUSE 4879 what the gentleman contemplates· the the outset that. this matter lias been be­ Now we have this rule on H. R. 5134. Supreme Court will do, but which I think fore us for years and year~ and years, It has come to us without title I and it will not do, should result, then I would and _ th~t 'we ought at some time come to title II. I am against consideration at take it that the matter would be up for the end with respect to it. The matter this time of this bill, H. R. 5134, because further consideration. But that is' which is contained in this legislation was I want first to have this House consider neither here nor there so far as the at­ before the House of Representatives and the amendments in H. R. 4198 that were titude of the folks is concerned who as­ was thoroughly debated and open to sent over from the Senate. I think they sert the right of the Federal Govern­ amendment and was passed. I would are an improvement, to some extent, ment to everything including the terri­ not assume that the committee would over the House bill. However, they torial boundaries. By what consistency undertake to make ariy different judg­ struck out entirely title m. Title m, as could you justify being against this bill, ment or that the House would make any you know, gives the Federal Government which recognizes the rights of the Fed­ different determination from what we complete control of the submerged lands eral Government in the Continental did before. Under those circumstances, seaward from the historic boundaries of Shelf, when you insist on the rights of certainlY, the gentleman should not the States. It is my opinion that we the Federal. Government from the very complain of the action we have taken to should not pass H. R. 5134 now, and we edge of the land boundary of the State let this matter come up for our consid­ should refuse to accept the Senate out beyond the Continental Shelf? . ~ eration and come to a conclusion with amendments to H. R. 4198; send the lat­ · I do not care to unduly prolong the respect to it. ter bill to conference, then the Members consideration of this rule. Next, I - Mr. COLMER. Mr. Speaker, I yield 5 of the House would have an opportunity thought I should make the statement I minutes to the gentleman from Ohio to bargain with the Senate for the ac­ did in the interest of clarification of the [Mr. FEIGHANJ. ceptance of title III. situation, in the hope that we can get Mr. FEIGHAN. Mr. Speaker, my re­ I sincerely wish I could have the same on with the consideration of both of quest to the last speaker to yield was for feeling of assurance that the distin­ these measures and bring them to final the purpose of explaining that the only guished majority leader has, that the enactment today. difference in title ill in H. R. 5134, upon other body will accept H. R. 5134 when Mr. BOGGS. Further in the interest which we are considering the rule, is that we pass it this afternoon. It is quite of clarification, r recall when the original there is added a provision that in addi­ obvious that there are Members of this bill was before the House, we had a title tion to all payments required under a House who are strongly opposed to H. R. m which we amended with the so-called lease, the lessee pays an additional roy­ 5134. There is no question but that there Keating amendment. Is this bill, H. R. alty to the Federal Government equal to are Members in the other body who are 5134, identical with the title III that the amount of the severance tax strongly opposed to H. R. 5134. · It is passed the House of Representatives? · charged by the abutting State. This a:p­ quite obvious the reason is that they Mr. HALLECK. It is: I do not claim plies only to an exchange of lease from would like to give to the States adjoin­ to be an expert on all the details, but it the State to the Federal Government. ing these coastal waters a large and un­ is represented to me that it is. This title III was considered previ.ously deserved share of the royalties and· rev­ Mr. FEIGHAN. Mr. Speaker, will the in the House. I took the floor and urged enues gained from the submerged land gentleman yield? the retention of title III because it is, in beyond the histQric boundaries or the 3- Mr. HALLECK. I yield. my opinion, extremely necessary, even mile limit; and in addition to that, to Mr. FEIGHAN. l would like to make though I was opposed to title I and title get for the States control of leasing, just one observation. It is identical with n of the same bill, which gave away the police powers, conservation powers and one exception, and that is it provides the mineral resources of the United States authority to assess severance taxes. So Federal Government shall get the sev­ situated within the historic State I feel that we should vote down this rule. erance tax, which would otherwise go to boundaries. I am for inclusion of title Then reject the Senate amendments, and the States. III in any submerged lands act. The send the bill H. R. 4198 to conference and Mr. BROOKS of Louisiana. Mr. reason I made the point of order which let this House work its will and try to Speaker, will the gentleman yield? was overruled is because of the question get the Senate to agree to the contents of Mr. HALLECK. I yield. of procedure. H. R. 5134 amends a non­ H. R. 5134 in its entirety. I am in favor Mr. BROOKS of Louisiana. Refer­ existent act. The unusual hurried cir­ of that. That is the reason why I think ring to the statement that the gentle­ cumstances prompting the introduction we should not put the cart before the man made about not wishing to unduly of H. R. 5134 distress me. I hesitate to horse. We are not giving the House an prolong this matter, my understanding express the deep concern and feeling that opportunity to bargain with the other is that the bill was only introduced yes­ is within me because of this unprece­ body to put into effect H. R. 5134, which terday afternoon at 1:30 p. m. They had dented a~tion. If the House concurs in is the subject of this rule. a meeting of the committee outside here· the Senate amendments to H. R. 4198, Mr. HALLECK. Mr. Speaker, will the and not in the committee room. They the House will yield its bargaining power gentleman yield? reported it out. ·I do not know whether to include title 3 which is in H. R. 5134. Mr. FEIGHAN. I yield to the gentle­ all members of the committee were noti­ I will vote to preserve title III. I will man from Indiana. fied at all. They got a rule at 2 q'clock vote for H. R. 5134. I previously voted Mr. HALLECK. Assuming that your and it is up here this morning. I do not that title III apply within the historic view should prevail, and you in effect kill think that is unduly prolonging this boundaries of the States, that is, from title III, which apparently is what you measure. Is that correct or not? That the low-water mark seaward to the end are asking for, then the next rule is put is what I want to ask the gentleman. of the Continental Shelf. on and we agree to the Senate bill on Mr. HALLECK. I have explained all The important fact is when the titles I and II. · Then the gentleman has, of that to the gentleman from Louisiana ·amendment was made to strike out title in effect, brought about a situation by and everyone else who was interested. I 3, when we first considered this bill, the which he has denied Federal control of well recall when we had this matter be­ House by a vote of 103 to 12 voted to the Continental Shelf beyond the tra­ fore us, you had lots of time to talk about keep it in. ditional boundary of the State; and, as title III. The House should insist on title III I understand it, that is the· last thing Mr. BROOKS of Louisiana. May I say being included in any submerged-lands he wants. to .the gentleman that I simply asked him legislation. Our best assurance to that Mr. FEIGHAN. That r.ould be very a question as to whether my statement end would be to refuse to accept the Sen­ well taken up again. was correct or not. ate amendments to H. R. 4198, send it to The SPEAKER. The tilrl:e of the gen­ Mr. HALLECK. If the gentleman will tleman from Ohio has expired. wait just a moment, may I state I respect conference and direct the conferees to the gentleman and his ideas. I know insist on inclusion of title III. If we ~. COLMER. Mr. Speaker, I yield what his idea is. I want the people of ad9pt title min a separate bill, we will the gentleman 2 additional minutes. the State of Louisiana to know that he is be giving the other body exactly what Mr. FEIGHAN. It is of no essential violently opposed to title III. they w.ant. We will lose any bargaining importance that this bill be passed im­ Mr. BROOKS of Louisiana. I think power that might be effective to per­ mediately. What you are trying to do is that is a fair statement. suade the other body to accept title III to give the other body an opportunity to Mr. HALLECK. I would like to again which was included in the original H. R. reject entirely title III. If we yield, then go over what ha~ transpired; I said at 4198 passed by the House. we_have got to start from scratch and I

4880 CONGRESSIONAL RECORD -HOUSE May 13 try to get title nr, and we have no bar­ called Continental Shelf.· What is the whole ·subject of tidelands legislation, gaining power with them. situation now with reference to that? that is what they set out to accomplish­ Mr. CELLER. Mr. Speaker, will the That is all in confusion. You will not send the bill to conference where it could gentleman yield? have the production of these so-called be talked to death with another full and Mr. FEIGHAN. I yield to the gentle• .trillions of dollars worth of oil that sup­ extended debate in the other body. That man from New York. posedly lies out there. Nobody knows is obvious to every Member on this floor. Mr. CELLER. Is it the gentleman's about that. You know we hear a lot So why not say it forthrightly and be idea that we had far better let the bill about this big giveaway of trillions of through with it. that we passed and the Senate bill go to dollars; nobody knows what there is . Mr. Speaker, as has been well pointed conference so that the matter may be there. But you cannot explore it and out here, somewhere along the line there considered in its entirety? you cannot produce it now because the has got to be an end to legislation. This Mr. FEIGHAN. Absolutely. It could oil contractors, the producers, do not matter has been kicking around here be done in one fell swoop. I assure· you know where they are. They cannot risk ever since I have been in Congress, and I that in my opinion the House and the their money by going in and dealing with have been here a pretty good while, some Nation would fare better. the States because they do not know two decades. We have got to have a set­ Mr. HALLECK. Mr. Speaker, will the whether the States have title; and the tlement of it, and this is the practical gentleman yield again? same thing applies to the Federal Gov­ way to settle it. When the rule is adopt­ Mr. FEIGHAN. I yield. ernment. So you have an impasse with ed, 'title III will be passed eventually, as Mr. HALLECK. Of course, somebody no leasing, no exploration, and no oil it is bound to be, because, certainly, my has made up their mind that the better production. liberal friends cannot vote against it, way to handle it is the way we are han­ The so-called States Righters-and I my Hamiltonian friends cannot vote dling it now. As a Member of. the House ~onfess that I belong to that group, the against it because it is what they want. from your great State, you would not old Jeffersonian group who believe in Then if we pass the other resolution want to bring about a situation, believ­ States' rights as opposed to the Hamil­ which is to folJow this, adopting the Sen­ ing as you do, that would handicap or tonian group who believe in a strong ate amendments and sending it down to interfere with the enactment of title ill, central government with everything con­ the other end of the Avenue where no recognizing, as you must recognize, that centrated in the Federal Government-- · doubt it will be signed, that is the end. titles I and II are going to be enacted? I am proud to belong to the Jeffersonian Then the question of whether the Ham:. Mr. FEIGHAN. That is perfectly true, group, and sometimes I wonder about iltonian principles so far as the right to but assuming that this was turned down, some of my so-called liberal friends who the Continental Shelf is concerned, and it had its inception yesterday after 12 have deserted the Jeffersonian principles I subscribe to that, will be up to the other o'clock. If it were turned down it could and gone over and embraced the Hamil­ body. But it is up to us to discharge our again have its inception this afternoon tonian principles. Yet in spite of the duty here today. · · and probably be brought up on the floor fact that this legislation would give them Mr. JONES of Missouri. Mr. Speaker, again tomorrow. I think the gentle­ what they want they oppose it. Why? will the gentleman yield? man's argument is untenable. Only to confuse the issue. If you will Mr. COLMER. I yield to the gentle.: Mr. HALLECK. Mr. Speaker, will the just bear with me for one minute I will man from Missouri. gentleman yield further? tell you what this is all about. The real Mr. JONES of Missouri. The question Mr. FEIGHAN. I yield. situation has been hinted at here this I have in mind is what assurance do w'e Mr. HALLECK. That just indicates, morning, but no one has just been frank have that· the Senate will now accept of course, the strength of what I argued enough to say it in plain language. It title Ill as embodied in H. R. 5134 which earlier. Maybe the gentleman himself would be better, of course, to have this the Senate refused to accept in the bill is not kind of tired of this whole matter, all in one package, to have one bill. that we adopted in the House ·and which but I happen to be; and I just do not But why do we not have it in one it has turned down? · I cannot reconcile want to go into any kind of procedure bill? The answer is obvious. No one that statement. · that is going to keep this matter intermi­ knows better than our so-called liberal Mr. RAYBURN. Mr. Speaker, will the nably before us. I sincerely hope that friends, who are complaining here to­ gentleman yield? · what we do today will mark the end of day about the manner in which this Mr. COLMER. I yield to the gentle­ our action on this subject. legislation is being handled, that if they man from Texas. . Mr. FEIGHAN. I do not believe the could succeed in sending this legislation Mr. RAYBURN. When the CONGRES­ gentleman is so tired that he like myself to conference, further action would be SIONAL RECORD is read it Will be found and many other Members does not want required on the conference report in the that a promise was made in the other to bring to fruition the the ability of the other Chamber as well as in this body. body that if title lli was knocked out of Federal Government to authorize ex­ While the conference report would un­ ·the bill there they would take this up in plorations and drillings in the Contin­ doubtedly be speedily acted upon in this the Senate within 2 weeks. · ental Shelf beyond the 3-mile limit or the. body, they also realize that when it got Mr. JONES of Missouri. That does historic boundaries, which are so neces­ over to the Senate it would face an not answer the question~ sary for our national defense, and the extended filibuster-! am sorry, filibus­ Mr. COLMER. Of course, this body revenues which will inure to the Federal ter is not the word. Our liberal friends cannot give assurances as to what the Government. do not use the word filibuster when they other body will do. But, we will have Mr. COLMER. Mr. Speaker, I yield resort to that technique in the Senate. discharged our duty, as I said a moment myself 5 minutes. · That is a reprehensible term which must ago. Mr. Speaker, I had not intended to be hurled at States' righters, and par­ Mr. JONES of Missouri. The gentle­ take any time on this rule because I ticularly, a stigma to be applied only to man says that they will take it up in 2 thought it was quite apparent that the that group of Senators from the Deep weeks. But, they have turned it down rule was going to be adopted and that South. It will be recalled that when in one bill. I have read the report, and we could get along with this legislation, this legislation was· up for consideration it seems to me that they are complicat­ but there has been so much fuss raised in the other body, the so-called liberal ing the process, and it seems to me the around here, confusion or attempted opponents carried on a rather lengthy logical thing to do is refuse to accept the confusion, that I just want to make one debate lasting several weeks. In that Senate amendments to the bill we passed or two observations. debate everything from the Ten Com­ first and then go to conference. · First, I quite agree with the distin­ mandments to atomic energy was dis­ Mr. COLMER. If my good friend was guished majority leader, the gentleman cussed. Of course, this was not a fili­ listening to what I was saying a moment from Indiana [Mr. HALLECK], that the buster. It was just full and lengthy ago, I think he will understand why it opposition to this bill H. R. 5134 by their debate. But, may I remind my friends is being handled this way. efforts would seem to defeat the very end that had that full and lengthy debate Mr. JONES of Missouri. I was listen­ they really have in mind. They will all been sponsored by the Southern Mem .. ing. If the gentleman will yield fur­ tell you that they favor H. R. 5134, but bers of that body on, shall I say, the so­ ther,' I want to make some reference to they want to do it a different way. called civil-rights legislation, it would this States' rights matter. I want to tell Let us just face the situation. What have been designated as a filibuster. the Meinbers of this House that I be­ does H. R. 5134 do? It,gives the United Therefore, Mr. Speaker, since that is lieve in States rights, too. I voted States Governinent the rights to the so- the strategy of the opponents of this against the tidelands bill because I felt 1953 CONGRESSlONAL lU:CORD -HOUSE 4881 I would be surrendering· some of my ·:Mr. COLMER. I want to add this tives and the other body. The man, who State's rights. I think the pe.ople who statement: I certainly do not want my in my judgment deserves the greatest . are talking about States' rights are criti­ friend from Missouii to get the idea that credit in this matter, is the gentleman cizing some o.f us who are States' righters he seems to have gotte·n that I thought · from Pennsylvania, the Honorable FRAN­ because of the position we have tak~n he was not attentive to this business. He cis WALTER, a Member on the Democratic on it, but I still say that the best way to is always most attentive. He is always side. The gentleman from Pennsylvania handle this rna tter would be to go to most alert and on- the job. I merely [Mr. WALTER] introduced this bill, fol­ conference and not go through this un­ wanted to know whether or not I was lowed it through, and has given it his usual procedure of bringing a bill in here. getting my idea across. I guess it was close personal attention throughout the I admit we would all like to see title III my failure to successfully explain the years. By the changes of political for­ adopted, but this is an unusual way to matter that caused his remarks. He is tunes, I now occupy the place that he do it. In spite of the fact that I have usually sound; I am sorry that he does held during the years in which our been listening, regardless of what the not agree with me on this matter. But Democratic friends were in control. A gentleman has said about that, I am still that is his right. I entertain a very high year ago, when we went to conference, not convinced that this is being handled regard for him. the bill contained three titles. The only in the proper way or in an orderly way. Mr. ALLEN of Illinois. Mr. Speaker, difference between our third title today Mr. HALLECK; Mr. Speaker, will the I move the previous question. is this-that then it provided for a 37%­ gentleman yield? The previous question was ordered. percent tax and also, I think, that the Mr. COLMER. I yield to the gentle­ The SPEAKER. The question is on State should have the severance tax. men from Indiana. the resolution. We sat with Members of the other body, Mr. HALLECK. I do not know The question was taken; and the if I am correct in my recollection, for whether the gentleman from Missouri Speaker announced that the ayes ap­ 3 or 4 days trying to reach an adjust­ heard my statement or not. peared to have it. ment in the matter. When we failed, Mr. JONES of Missouri. I have been Mr. YATES. Mr. Speaker, I demand we relinquished our contention for the on the :floor the entire time. the yeas and nays. 37% percent and other matters andre­ The yeas and nays were refused. Mr. HALLECK. Well then, I do not· turned. If you will cudgel your minds know whether it would avail anything Mr. YATES. Mr. Speaker, I object to by way of refreshing your memory, you .for me to again state the basis upon the vote on the ground that a quorum is will recall the House passed this bill, which I approach this matter. I will say, not present and make the point of order but it was not passed by the other body that a quorum is not present. in the form that we submitted it. So however~ again, that I have had assur­ ances from the responsibl.e leadership in The SPEAKER. The Chair will much, Mr. Chairman, for the background the other body that this matter will be count. [After counting.] Two hundred of the bill. brought on for action. So fiu as I am and forty-three Members are present, a Now as for the present bill, you will concerned, I accept those assurances. I quorum. recall President Eisenhower made a cam­ would also certainly be very sure, al­ So the resolution was agreed to. paign pledge that he would seek to see though I have no assurances about it, Mr. REED of Illinois. Mr. Speaker, I that the so-called tidelands, which is a that many of the people who were in move that the House resolve itself into misnomer, it really should be called the opposition to titles 1 and· 2 will, when this the Committee of the Whole House on submerged oil lands, would release oil title 3 comes over there, support the · the State of the Union for the considera­ to the separate States. In fulfillment of _measure. That would· mean to me an tion of the bill rotee­ ~ubme~ed Lands Act by striking cut there- of Congress. 'The langua:ge eontained tion enters into it, -and :the whole thing :from sections 9, W, and 11. Sect.ion 9 of the fn this section was never before recom­ becomes a matter of vital importance. Submerged Lands Act constitutes a legisla- mended by any committee of congress. Mr. Chairman, the problem is to dif­ tive conflrnlation of jurisdiction over the r;rh· , natural resources nf the seabed. and subsoil ll. IS 'language was adopted on the tloor ferentiate and divide between states of the Continental Shelf seaward of the ori'g- of the House recently when we consid- · rights and the rights of . the~ederal Gov- , bud Sta7te bmmdaries, which was asserted ered .the bill, H. R. 4198, ahd -after exactly ern~nt, and the best of our ability to in the Presidential p?oclamation of 1945~ 20 minutes of debate. When tbat oc­ we sought to do it. There has been no The need 1'or this .section is obviated by the. eurred I moved to strike out title III to · chicaners-. no trickery, no quick action addition of title m which deals speci~cally the end that we might study the matter~ 1953 CONGRESSIONAL RECORD - HOPSE 4883 but my motion did not prevail. I was ·on how he feels about it. The principle ci:fically with the Continental Shelf. against the provisions of the section of separation of powers is the bedrock of Under the provisions of the Walter bill, then, and I am unalterably opposed to our republican form of government. We State laws and police power were made them now. in this body represent the legislative to apply in the area of the Continental Here is some of the new language ap­ branch of the Government, and . we Shelf. This feature seems to have been pearing on page 3, line 1: should never abdicate our functions with effectively removed. Under the Walter Federal laws now in effect or hereafter our eyes wide open. I simply will not bill, the States received 37¥2 percent of adopted shall apply to the entire area of the vote to make a czar out of a bureaucrat. the returns. This provision has been Continental Shelf. Since human beings will be involved eliminated. Under the Walter bill, the Here we find one of the bugs under the in the operations on the Continental States were given taxing powers. These chip. This is a brand new approach to Shelf, we must assume that crimes will powers are now completely denied to the the problem. I repeat that this approach be committed, torts will occur, disputes States. The simple fact is the political was never before contained in any bill in­ will arise between labor and manage­ and economic rights of the States have troduced in Congress. It was never con­ ment, workmen will be injured, and con­ been almost completely ignored. It can sidered by any committee of Congress. tracts will be made and will require be argued that the Federal Government Heretofore the bills provided that to enforcement. gets everything. The States get noth- begin with, the laws and police power of When a tort is committed because of ing, period. . the States would apply, until such time someone's negligence, in what forum will Mr. CELLER. Mr. Chairman, will the at least as Congress and committees of redress be available? As lawyers we gentleman yield? Congress studied the question of the ade­ know that every act whatever of man Mr. WILLIS. I yield to the gentleman quacy and applicability of Federal laws that causes damage to another obliges from New York. to the Continental Shelf. We proceeded him by whose fault it happened to repair Mr. CELLER. Those questions ·the along that line because we realized that it. Where and how would such a fault gentleman has raised were propounded Federal laws as presently written are occurring in operations on the Conti­ to the Committee on the Judiciary yes­ utterly inadequate to cover this field. nental Shelf be repaired? I have heard terday, and 'there was no argument Of course, the succeeding paragraph it rumored since yesterday that the Jones whatsoever to it; is that correct? of the section goes on to say: Act might afford relief. I personally Mr. WILLIS. Well, I did not get any Except to the extent that they are incon­ dispute that idea, because the Jones Act answer to the argument I am now sistent with applicable Federal laws now in deals with seamen. Laborers on drilling making. effect or hereafter enacted, or such regu­ rigs or platforms in the sea are not sea­ As ·I have indicated, we lawyers know lations as the Secretary may adopt, the.Iaws men or maritime workers. that every act whatever of man that of each coastal State which so provides shall When a workman is injured in the causes damage to another obliges him be applicable- course and scope of his employment, how by whose fault it happened to repair it. And so forth. The quoted provision and in what court of the United States That is a substantial definition of a tort. is also a new approach. What is the . can he expect compensation for his in­ Now, if a tort occurs in that area, how practical significance of this lapguage? juries? We certainly cannot look to the is it going to be repaired? Before what First, the States -probably would have Federai Employers' Liability Act, be­ court are you going to proceed? What to call their legislatures into special ses­ cause this statute applies only to em­ Federal law is there to cover the subject? sion to extend their laws to cover the ployees of the United States. The la­ Mr. WALTER. Mr. Chairman, will ·continental Shelf. borers with whom we are concerned will the gentleman yield? Second, after going through this be on the payroll of private industry. · Mr. WILLIS. I yield to the gentleman trouble and expense, it could be argued Nor can we find relief under the Long­ from Pennsylvania. that the Secretary of the Interior could shoremen's and Harbor Workers' Com­ Mr. WALTER. I would like to answer whimsically by regulation modify or pensation Act, because that law does not the gentleman's question. I think it is ·nullify such State laws. seem to have anything to do with the abundantly clear that it is our intention . Are you, and especially those of you problem. that the laws of torts in the several who believe in States rights, willing to And what about the myriad situations States shall be applicable in this terri­ which will arise under contractual ar­ tory. I am sure we have done that give the Secretary of the Interior the through this language. power to repeal your State laws? rangements? Suppose a contract which .involves less than $3,000 entered into · Mr. WILLIS. Will the gentleman read We too frequently give a bureaucrat. between citizens of the same State is the language? the power to adopt regulations to carry violated. How and where will it be en­ Mr. WALTER. It reads, ·"The laws of out the provisions of a law, but never be­ forced? Certainly the aggrieved party each coastal State which so provide shall fore have we given him power to super­ could not file suit in the courts of the be applicable to that portion of the outer cede a law. The unsoundness of this United States, because there would be Continental Shelf," and so on. whole· approach is exceeded only by its no diversity of citizenship and the juris­ Mr. WILLIS. "The laws of each coast­ unconstitutionality. dictional amount of $3,000 would be al State which so provide." Up to now It could be argued that you may as lacking. the coastal States have not so provided. well forget about the application of No one can seriously deny that Fed­ Mr. WALTER. · But the gentleman is State laws and police power. They ap­ eral courts have no general jurisdiction overlooking this fact, that what this lan­ parently do not in tend them to apply over common-law crimes and misde­ guage does and the effect of this Ian-· anyway, because the first premise is meanors. The criminal jurisdiction of guage is to make applicable to this terri­ that- the Federal courts is limited to crimes tory beyond historical boundaries those Federal laws now in effect or hereafter defined by Federal law within~ limited rules of law in the several States which adopted shall apply to the entire area of the area. would be applicable if the boundaries of Continental Shelf. Nor can anyone pretend that the body the States extended on out beyond the The fundamental question before us is, of maritime law, dealing, as it does, with historical boundaries. are Federal laws as presently written vessels and seamen, is sufficient and ade­ Mr. WILLIS. As the gentleman knows, adequate to cover the conduct of men quate to cover the torts, crimes and mis­ I have every respect for his opinion, but and the development of the mineral re­ demeanors, disputes, labor and manage­ I submit that I have read that sentence sources underlying the subsoil of the ment arrangements, injuries to work­ very carefully. It states, "The laws of continental Shelf? I submit that the men, contractual relationships, and the coastal States which so provide." answer is no. Let me. give you a few other situations which will inevitably Louisiana has never provided for an ex­ illustrations. arise in connection with the geophysical traterritorial effect of its laws to the There are no Federal conservation explorations and mineral development of Continental Shelf. Texas has not, nor laws on the books specifically applicable the submerged lands in the Continental so far as I know has California or any to the Continental Shelf. Some Mem­ Shelf outside of and beyond State other State. So for the time being the bers may contend that the Secretary of boundaries. Federal laws are definitely going to the Interior might devise appropriate Mr. Chairman, it must be recognized apply. · regulations or might adopt applicable that this bill constitutes a radical de­ · Mr. wn.soN of Texas. Mr. Chair­ State conservation laws. The answer is parture from legislation heretofore man, will the gentleman yield? that he might or might not, depending adopted by this body and dealing spe- Mr. WILLIS. . I yield. 4884 CONGRESSIONAL RECORD ::-HOUSE May 13 . Mr. WILSON of Texas. To clarify that support it and I do not intend to. I do help pay the political debt of the Repub­ point, is it not a fact that at the present not know what may be the views of the lican .Party and President Eisenhower time the Louisiana State line goes out 2!7 gentleman from Louisiana [Mr. WILLISl. to Governor Shivers of Texas. That is ·miles? In other words, in part of this Mr. GRAHAM. Has the gentleman the nub of my real opposition. What is Continental Shelf area do not the State 'Overlooked the case decided in the su­ the· situation now? laws now apply? · preme Court of Toam v. Witzel (334 U. s. Mr. AUGUST H. ANDRESEN. Mr.. Mr. WILLIS. The gentleman, of 385) where concw:rent jurisdiction is Chairman, will the gentleman yield? course, refers to tne act of the Legisla­ recognized? , Mr. CELLER. I yield. ture of Louisiana extending our bounda­ Mr. BROOKS of Louisiana. I have Mr. AUGUST H. ANDRESEN. This ries out 27 miles. Assuming that aet not overlooked it. I do not intend to issue was before the House prior to the to be valid, the point I make would stm argue the legality of the question, but I election of last year. Did the gentle­ remain, because the Continental Shelf do intend to argue 'the advisability from man take the same position at that time? stretches out as far as 125 miles. a constitutional viewpoint of adopting Mr. CELLER. I certainly did take Mr. GRAHAM. Mr. Chairman, I yield this approach to the handling of these the same position. My position is that 5 minutes to the distinguished gentle­ lands beyond the historic boundaries of the Federal Government has dominion man from California [Mr. HILLINGS]. the States. .and control over the offshore minerals. Mr. HILLINGS. Mr.. Chairman, I rise Mr. AUGUST H. ANDRESEN. As I There is no deviation whatsoever from in support of the bill. I know it is going understand the distinguished gentleman it. Let me please go on, and then I to be approved by an o:verwhelming ma­ from Louisiana, unless this section is shall be glad to yield. It would be the jority of the Members of this body. I changed, the gentleman then would op­ height of naivete to think that the otner have no new matter I nan add to the pose the entire bill? body is going to accept this bill, which long and extensive debates which have Mr. BROOKS of Louisiana. Yes, I we undoubtedly will adopt today. The taken place on this legislation. I feel will oppose the bill. 1 mean-:-the last so-called States' righters from Califor-­ that the committee is thoroughly fa­ bill which was introduced yesterday at nia, Texas, Louisiana. and other States miliar with the basic facts iiiVolved. 1: 30 p. m. and reported to the Commit­ will not accept this bill which says that I merely wish to comment with refer­ tee on Rules at 2 o'clock, and which has the Federal Government shall have do­ ence to my distinguished chairman of been brought here today. I will oppose minion, imperium. possession, and the the Judiciary subcommittee who has so that bill unless the provisions of section right to lease all the lands seaward from skillfully handled this legislation not 9 are changed or modified very greatly. the traditional State borders. They will only this year but in previous years, and nat is my intention. be unalterably against this bill when it who is the author of the bill now before Mr. AUGUST H. ANDRESEN. I am goes. to the other chamber. Then what us, the gentleman from Pennsylvania just seeking information~ of course. will yon have? You will only have the IMr. GRAHAM]. It has been a distinct Mr. BROOKS of Louisiana. .I have adoption of the so-called title 1 and title pleasure to serve under his chairman­ profound respect for the gentleman and 2, which is in the next bill which will ship on this important subcommittee. 1 his ability as an agricultural leader, and be adopted by this House, and since it believe this cominittee and tllis 'body owe ·1 have followed him on many occasions. was adopted by the other body will be­ him a great debt of gratitude for the If the gentleman will accord me some come the law of the land. You will attention and devotion he has given to little modicum of ability with reference only have w.hat? The States will have what is an extremely important piece of to oil and gas matters, perhaps the gen­ all the minerals offshore to the so-called legislation. I also wish to commend the · tleman would be encouraged to follow me traditional State boundaries. What gentleman from 'Pennsylvania [Mr. in a case like this. about title ill? The so-called States WALTER] for his excellent contribution Mr. AUGUST H. ANDRESEN. I righters reason this way: By this ma­ to the preparation and passage of this might be willing, and I am seeking in­ neuver, by this rather clever,rather skill­ bill. formation. Since the State of Louisiana ful, and adroit maneuver, they wm get Mr. AUGUST H. ANDRESEN. Mr. is one of the beneficiaries, and rightfully­ half a loaf, and later on they will start. Chairman, will tlle gentleman yield? so of this act, I want to lift a little con­ a campaign all over ior title III. They fusion from my mind about the opposi­ . will have the lands seaward from low­ Mr. HIT..LINGS. I yield to the gentle­ tion. water mark outward to State boundaries. man from Minnesota ~ Mr. BROOES of Louisiana. I rather Then the wheels of propaganda will be Mr. AUGUST IL ANDRESEN. I have think the State of Louisiana has more started to get the balance for the States, become a little confused on this issue be­ at stake than any other State in the ·for example, the Continental Shelf be­ cause of the statement made by the Union with r.eference to the proper yond the state boundaries. gentleman from Louisiana. He is op­ handling of this property an'd tbe de­ They get what they want. We are left posed to section 9. Does the gentleman termination of this matter. Naturally, holding the bag. The Federal Govern­ know if the opposition of the gentleman we are keenly sensitive as to how these ment has the cards stacked against it. from LoUisiana CM.r. W'ILLLS] to section things are handled. The · Federal Government will be eu­ 9 will prevent him from supporting the Mr. AUGUST H. ANDRESEN. Does chred out of all interest. If the regular balance of the bill? the gentleman intend to offer a:::1 amend­ procedure had been followed and the bill Mr. HILLINGSA It is my understand­ ment as to section .9? had been referred to conference, this ing from debate previously that the Mr. BROOKS of Louisiana. I cannot whole matter could have been ironed gentleman from Louisiana and his col­ go that far, but I can tell you this-that. out. There could have been quid pro leagues from that State will oppose the I would welcome an amendment, if the quo, consideration for consideration, bill, but I think it would be ·more proper gentleman will offer amendments which and something could have been worked to direct the question to the gentleman are contained in the Walter bill, and I out. We who fight to retain as lessor from Louisiana. will ::mpport him on it and speak in be­ the shelf for the Federal Government Mr. BROOKS of Louisiana. Mr. half of them and vote with him on them. will have no bargaining power whatso­ Chairman, will the gentleman yield? Mr. AUGUST H. ANDRESEN. I am ever. In whose fertile brain was this Mr. HILLINGS. I yield to the gentle­ very happy that the gentleman has sup­ scheme hatched? I would like to know man from Louisiana. ported me on so many agricultural ques­ that. It has not been answered. This Mr. BROOKS of L0uisiana. The tions, but I do not think I am in a posi­ is very unusual procedure. Members of gentleman from Louisiana [Mr. WILLIS] tion to draft an amendment which the Judiciary committee were hastily just stepped off the ft.oor and will be back would satisfy the criticisms which have summoned, with practically no notice, in a moment, and I shall not attempt to been raised by you and your colleagues. and asked to. swallow this scheme, hook, answer for him; but I can say that see­ The CHAffiMAN. The time o'f the line, and sinker. Well, I am against it. tion 9 is the heart of the whole bill. g1entl-eman from California [Mr. HILL­ In principle I like tills bill, but I am go­ When you take from the State the au­ INGsJ has expired. ing to vote to indicate my emphatic un­ thority to make any reference to the Mr. CELLER. Mr. Chairman, I yield mitigated protest against the procedure taxation out there in the Continental myself 10 minutes. that is being adopted here this after­ Shelf for the purpose of paying the cost Mr. Chairman, I am going to -vote noon. of the enforcement of the1aws, you bring against this :bill. I am going to vote . I know, just a:s well as f glowing islation to end this subject for all time. taining deposits of guano, which may, at the assurances, that the Members of the discretion of the President, be considered as other body will not readily accept this Mr. GRAHAM. Mr. Chairman, I yield appertaining to the United States. 3 minutes to the gentleman from Michi- bill, H. R. 5134 when we pass it. I am gan [Mr. MEADER]. . Inserting language similar to title 48, quite confident that they will endeavor Mr. MEADER. Mr. Chairman, I have. section 1417, in the bill before us might to obtain for the coastal States a sizable. asked for this time only to call the atten­ solve the problem so far as criminal ju­ proportionate share of the royalties de­ tion of the members of the committee risdiction is concerned. However, we still rived from oil and any minerals that to the very serious new problems being would not have dealt with the civii law may be .obtained in submerged lands raised by this legislation regarding civil jurisdiction over these structures, nor beyond the 3-mile limit or the historic and criminal jurisdiction over structures with the problem of what legislation is state boundaries. My reason for think­ erected in the outer Continental Shelf applicable on these structures, such as ing in that direction, is that legislation seaward from territorial waters. There workmen's compensation laws, wage and has been introduced in the other body is no precedent which tells us what body hour laws, and so forth. Actually the which would give the coastal States con­ of law is applicable to structures in the waters above the Continental Shelf are trol of the leasing, control of the con­ outer Continental Shelf. expressly recognized as international servation, authority to assess severance The bill we are passing today, H. R. waters, not a part of the·territory of the taxes, and State police powers, and also 5134, expressly declares the waters above United States or of any State of the demanding 37% percent royalty. I the Continental Shelf to be high seas, United States. The field of law with think we in this House, out of an abun­ international waters. respect to structures in these interna­ dance of caution, should refuse to ac­ The closest analogy to the problem tional waters is almost completely un­ cept the Senate amendments. We of punishment for criminal offenses com­ charted. It deserved more concentrated should send.H. R. 4198 to conference so mitted on structures on the high seas attention than it has been given by the that we can really make a fight to in­ is, of course, the punishment for offenses Judiciary Committee of the House. clude in its entirety title III along with on vessels on the high seas. · I do not intend to offer an amendment title I and title II. because the speed with which the Judi­ Mr. Chairman, I will not take this time I wish to direct the attention of the ciary Committee and the House are act­ to answer any of the previous questions Members to the law relating to criminal ing on this bill did not allow sumcient that were brought up with reference to law jurisdiction on tpe Guano Islands. time for me to study the matter and pro­ the· title of any of these submerged lands These islands are not declared to be ter­ pose language which in my opinion inside the historic boundaries, or the· 3- ritory of the United States but are said would constitute a satisfactory solution mile limit, which the Supreme Court has to appertain to the United States. I to this complex and diiDcult legal decided belong to the Federal Govern-' refer to title 48, United States Code, sec­ problem. ment, as that is of no concern in this tion 1417. It reads as follows: For that reason I have merely called particular bill, because this bill gives All acts done, and offenses or crimes com­ attention to the existence of the problem lock, stock and barrel to the Federal mitted on any island, rock, or key mentioned and have offered a suggested solution to Government jurisdiction and control" in in section 1411 of this title, by. persons who one phase of it in the hope that the its own right to keep unto itself and all may land thereon, or in the waters adjacent other body, or perhaps the conference of the royalties or resources that might thereto, shall be deemed committed on the high seas, on board a merchant ship or ves­ committee if there is a conference, will be taken from the submerged lands be­ sel belonging to the United States; and shall deal with the subject adequately and yond the 3-mile limit or historic boun­ be punished according to the laws of the intelligently. · daries. United States relating to such ships or ves­ Mr. FEIGHAN. Mr. Chairman, I The CHAIRMAN. The time of the sels and offenses on the high seas, which laws yield myself 5 minutes. gentleman from Ohio has expired. for the purpose aforesaid are extended over Mr. Chairman, this bill as it stands Mr. GRAHAM. Mr. Chairman, I yield such islands, rocks, and keys. with reference to the territory to which 3 minutes to the gentleman from Cali­ I also direct attention to title 18, it extends I believe is an excell~nt bill, a fornia [Mr. YORTYJ. - United States Code, section 451, para­ bill that is very· much needed. My con­ Mr. YORTY. Mr. Chairman, I can­ graph 4, of which also relates to the tention is that Federal control should be­ not understand how anyone can seriously Guano Islands. l'hat section reads as gin at the low-water mark and extend find fault with the action the committee follows: seaward. There are in the Gulf of has taken in considering the areas in­ The ·crimes and offenses defined in sec­ Mexico beyond the Continental Shelf side- of historic State boundaries and tions 451-468 of this title sha:l be pun­ outside of the historic or 3-mile bound~ such boundaries in two separate bills be­ ished as herein prescribed: ary of Texas and Louisiana oil-producing cause actually I think we all recognize First. When committed upon the high wells and there are also other areas that two different sets of principles are seas, or on an~ other waters within the which should be developed for our na­ involved in these areas. Inside the ·his.; admiralty and maritime jurisdiction of the tional defense and for our general wel­ United States and out of the jurisdiction of toric boundary we are dealing wi.th an any particular State, or when committed fare. area that always belonged to the states within the admiralty and maritime juris­ In other areas beyond the three-mile until the decision of the Supreme Court diction of the United States and out of the limit or historic boundary there are cast doubt upon the title~ but when you jurisdiction of any particular State on board leas'es under which operations had go beyond the historic seaward bounda­ any vessel belonging in whole or in part to started for drilling purposes but they ries of the States you are dealing with ari the United States or any citizen thereof, or have had to be stopped or curtailed under area that is altogether different. It is to any corporation created by or under the authorization of the Secretary of the In­ not only outside of the States, it is out..: laws of the United. States, or of any State, Territory, or district thereof. terior. He is permitted under his in­ side of the United States. We are deal­ Second. When committed upon any ves­ herent right, only to continue drillings ing with it only on the legal basis of a sel registered, licensed, or enrolled under the that had already started or to initiate proclamation of the President of the laws of the United States, and being on a new drillings when it would be for the United States claiming, not title to the voyage upon the waters of any of the Great protection of an adjoining area. The lands outside of the historic State and Lakes, namely: Lake Superior, Lake Mich­ Secretary of Interior cannot authorize national boundaries, but rather claiming igan, Lake Huron, Lake Saint Clair, Lake new and additional explorations unless only the right to extract the resources of Erie, Lake Ontario, or any of the' waters congressional authorization is given him. connecting any of said lakes, or upon the the seabed and the subsoil and to the River St. Lawrence where the same consti­ Mr. Chairman, I opposed the rule on edge of the Continental Shelf. Histori­ tutes the international boundary line. this bill because I felt that this body cally, legally, and in every way you are Third. When committed within or on any would be in a much better position if we dealing with an entirely different propo­ lands reserved or acquired for the use of would reject the Senate amendments to sition when you deal with the area known the United States, and under the exclusive H. R. 4198 and send the bill to confer­ as the Continental Shelf. or concurrent jurisdiction thereof, or any ence where this body's conferees would It is very difficult for me to understand place purchased or otherwise acquired by the some of the opposition to this bill. It United States by consent of the legislation of then be able to present to the conference the State in which the same shall be, for the committee the argument and the will of gives everything to the Federal Govern­ erection of a fort, magazine, arsenal, dock­ this body and adopt in toto title m, in ment. Some of the people who opposed yard, or other needful building. addition to title I and title II. It i~. giving the states back that which has al- 1963 CONGRESSIONAL RECORD -HOUSE 4889 ways been theirs are opposing this bill the Court rules otherwise. I do not know Mr. YATES. In other words, this bill although it gives everything beyond bY. what authority some people are al­ deals only with the portion of the Con­ State boundaries to the Federal Govern­ ready purporting .to decide the constitu­ tinental Shelf outside that area? ment. tionality of the Submerged Lands Act in Mr. WILSON of Texas. Beginning The distinguished gentleman from advance and to hold it invalid. Frankly, at the outer edge of the historic bound­ New York [Mr. CELLER] was arguing here I think it is constitutional. We will have ary of the States, which is 3 miles only a few minutes ago that there is a trend to leave that question to the courts any­ except for the States of Texas and toward giving the states more and the way. Florida, and on out. Federal Government less. Actually this Mr. · YATES. It is nevertheless pos­ Mr. ·YATES. · I see. But does not the bill represents a trend in the other direc­ sible that the Supreme Court of the gentleman concede that in the event the tion. Bills previously passed here gave United States might declare the bill un­ other bill WitS held unconstitutional the States 37.5 percent of the royalties constitutional; is it not? that the Feaeral Government under out in this area. This bill gives the Mr. YORTY. It is always possible ·existing decisions of the Supreme Court States nothing, so the trend of this bill that any law may be declared unconsti­ of the United States would have jurisdic­ is toward greater Federal control of, and tutional, but the presumptions, as the tion over that area? all the revenue derived from, the area gentleman knows, are in favor of consti­ Mr. WILSON of Texas. No, I do not involved, I should think the people who tutionality. With the saving clause that think they would. favor Federal ownership of all submerged has been put in the bill, if it turns out Mr. YATES. Then who would have lands. would support this bill. that we could not constitutionally grant jurisdiction over it? The CHAIRMAN. The time of the full title to the States, they would retain Mr. WILSON of Texas. Congress gentleman from California has expired. the right to develop . the area anyway. would have to deal with it again. Mr. GRAHAM. Mr. Chairman, I yield I do not see what anyone would have to Mr. YATES. You mean that nobody 2 minutes to the gentleman from Cali­ gain by challenging the constitutionality would have any jurisdiction over it? · -:fornia. of that act, if my views are correct. Mr. WILSON of Texas. Do you mean Mr. YORTY. So, I repeat, the trend Getting back to the propositi-on of this inside of the State boundaries? evidenced by this bill is toward taking bill, it just. seems to me that as a practi­ Mr. . YATES. That is right. away from the States and not giving to cal matter this is the kind of bill we Mr. WILSON of Texas. We would be the States. should all approve since we cannot now in the same position as we were in before Actually, I find myself in the same po­ get a majority to give the States greater we passed the bill. We could change it. sition.as the gentleman from Texas [Mr. rights in the area in question, the outer Mr. YATES. And according to the WILSON]. I introduced a bill similar·to Continental Shelf. It is possible that.ex­ Supreme Court of the United States does his. It would have given the States the perience will prove the advisability of not the Federal Government have para­ right to do the leasing out in this area, letting the States administer the entire mount interest in those·lands? and it would have given them a percent­ offshore area under one set of laws and Mr. WILSON of Texas. Paramount age of the royalties. I did that because regulations. In this event the State will . rights, yes, that is all, but not ownership. I thought it would be better to have one be entitled to compensation for their Mr. YATES. I thank the gentleman. administration for the entire area. I services and I feel that limited taxing Mr. GRAHAM. Mr. Chairman, I yield felt that since basically, the fight is not power or a share of the revenue will be 5 minutes to the gentleman from Illinois over administration of the area but over the proper measure. [Mr. JONAS], a member of the committee. the division of the proceeds from it, so Mr. FEIGHAN. Mr. Chairman, I Mr. JONAS of Illinois. Mr. Chair­ long as you gave the Federal Government yield 2 minutes to the gentleman from man, I do not believe I will require 5 min­ the major part of the proceeds, I could Illinois [Mr. YATES]. utes to discuss briefty what I have in see no harm but,rather, definite advan­ Mr. YATES: Mr. Chairman, I take mind. I had been supporting the tide­ tages from the standpoint of recovery this time in order to ask a question on lands bill since its inception. I have and efficiency in letting the States ad­ the bill. I do this because of my doubts been supporting it because I believe the minister the whole area, while keeping a concerning the constitutionality of the legislation is needed and necessary; I reasonable percentage of the royalties as basic legislation giving title to the sub­ have been supporting the bill in order compensation for services performed. merged lands to the States. I have no . to restore to the States what I believe After debate in the House that provi­ illusions concerning my ability as a great has been unjustly taken away from sion was taken out. I think, as the gen­ constitutional lawyer, and I make no them by the split decisions of the tleman from Texas. [Mr. WILSON] point­ claim of enjoying the prestige and dig­ Supreme Court of the United States. ed out, it became obvious that you could nity of being a great constitutional I have been supporting this meas­ not again at this time get a bill through lawyer. But having read the debates ure because I think it is the right the . House with a provision giving the on tidelands bills of previous years, I and honorable thing to do. That covers States 37.5 percent of the revenues. I noted that a very able constitutional my first approach to this very, very im­ am sorry this is true. I would rather see lawyer declared that in his opinion, such portant piece of legislation. But, I am it that way. But since this appears im­ bills would be unconstitutional. I refer not in favor of carrying on with the possible, and since there is no law under to our former distinguished colleague, adoption of this legislation unless it car­ which this area can now be administered, the late Sam Hobbs, who stated that this ries with it the provisions that are noted and it ought to be developed, it seems to bill would violate the Constitution. I in the Graham bill. I think our activ­ me we should support this legislation as now ask the gentleman from Texas [Mr. ities in connection with legislating on the· best we can pass by a majority vote WILSON] what would be the jurisdiction this important measure should be con­ of the House. of the Federal Government in the event fined exclusively to that which we origi­ Mr. YATES. Mr. Chairman, will the that the other tidelands bill, the one nally started out to accomplish, to wit, gentleman yield? previously pased by this House and re­ to establish the boundaries of the States Mr. YORTY. I yield to the gentleman cently passed by the other body, should over which we have this existing contro­ from Illinois. be held unconstitutional by the Supreme versy which, I understand includes the Mr. YATES. The gentleman says the Court of the United States? Would the 3-mile limit and a 10¥2-mile limit for area should be developed. Does this in­ Federal Government under the terms of the States of Texas and Florida. We clude the whole Continental Shelf, in­ this bill have any jurisdiction over the· should adopt a hands-off policy as it cluding that area which is given to the area covered by the other bill? applies to submerged land referred to as States by the bill? Mr. WILSON of Texas. Do I under­ the Continental Shelf-! mean by that, Mr. YORTY. As the gentleman stand your question to be that if the that the States should confine their con­ knows, this bill deals only with th·e area States' historical boundary bill is held to trol over· submerged lands strictly to outside the historical State boundaries. what we started out to do. For that rea­ Mr. YATES. Suppose the Supreme be unconstitutional, this bill gives the son, · I see only one hope in sustaining Court of the United States should de­ Federal Government the right to move this legislation ultimately in the United clare the other bill unconstitutional. in and develop the area within the histo­ States Supreme Court, and that is to · Should not the area be developed by the · rical boundaries? keep our faith with the people and our Federal Government then? · Mr. YATES. That is correct. promises as we originally made them and Mr. YORTY. A law of the Congress Mr. WILSON of Texas. In my opin­ return to the States what they }lave been is presumed to be constitational until : ion~. it certainly would not. divested of, and leave title exclusively 4896· €QNGRESSI0N~ -RECf)ftD;- HOOSe May 13J

and unconditionally in. the Federal Gov­ know. that tomorrow. will come as , sur~~ sources_ therein and. thereunder, and th&. ernment: tJJ that subme:cged: landc area. as thaeal1tli . wiU.c.ontinue~ to mov.e~ i.n...its · term 'lessee' whenever used.in such connec- Oibit. t'fon shaU He re·garded· al>-inciuding• any per that has· a-lways been r...ecogniz.e.ci as,Qo..v; Mr.. . Cfiaii'man, it. is,sigpilicant'. tllat on son having the-- rigfit to• dl:lvelop or producm ernment propert~. l-... li natural resources and any person having thm Mr. . Chairman,, I. ~ield. o.ac~ the. e.al::-. t u..e ver.y,/ eVe.of. t e . CGnSummatlbn.of the:. :rJI.:ght . t us.e . or. develnp· nmas bene:athl navi- ance of my time,. ihfamous tidelands. air dear anJiounoe- g!).ble· water.s·or. lands;o.t. -&he: outer crontine:n: Mr. . O'HARA of Iliinois.. Mtt. Chai:t.­ ment was;made,of the.se.nsatibnafgrowtlh tal Shelf. under an~ such.iorm.o.Lauthoriza­ man, this is another of the. cfaxs of. the: of billion dollar business in the United· tlon; great" bet~ayal. On anothe-r dayr of. in­ States. There are now 29 businesses "(l); Tlle-t"erm 'Mlheral r:;easin-g:A'ct: mean&> famy this body VGted to P.aY the 1\)rice_. with assets. of. $1 billion and more. the act- or Feijruary· 20. 1920· (41' Stat: 437) .. of the presidency with the sunrender. o • The; 13 toP. mone~ maR:er.s-in terms~ and au actlft amendatory thereof, or supple the Nation~s wealth and ~.curityr to the; of net profits-are Generar Motors .. mentary;tli:eretm"' powers. of oil and, of darkness~ . All tha.Ji Standai:.d of New Jer.sey, Bell, du Pont, M"r .. Y.A'I:ES: Mr. Cll'afrman, r offer Abraham Lincoln r.epresented in..the hiS! Texas,. Socony-Vacuum. Standard of.. an amendment, which. is at, tlie. Cierk.:s. tory of this Nation, all that. the. il C.b_,___ 2, 011,.336, 6.4& there_ is the: land. that i.s seaward. oft Shelf. The other. ho_dy laoor.ea.fiard' and.. Standard em C.o .. (Indiana)_ 1, 963,_8.'76, 666t the historical boundaries of the States.. long an:d came fortli witfi. a oili. t'fiat-­ Southern.. P.acifi.c______1, 954, 415.. 377J T.hat is· the Umcf of the Continental Shelf went as- far: asJ the traditiQn.af, oo.undary :eacifi.c. Gas & Electric1 co__ , 1, 7!115, 337, 509 which is. pro_posed: to b_e covei..ed by tbi!E , lines and stopped there. So. it: is. yro­ Consolidated Edisolli C.o~ legislation. posed- that we first: vote: uporr tfie::.. par.tt (N: Y.t------r. 773: 317.. 756" MY· amendment. is. a1JP.iic:able- to thre of tfie 15i11 tliat-tne: ot'ller o.ocfy leit;o,ut;....­ Texa-s Co:.______1, 73(>, 081,.ooo_. Gulf- 0111 , , landt whioht is; within: the: s.o-aalled. his a part of the oill tfiat: no· one. s.erihusiY· Cb______r, 627 279 394 thinks will ever be t.aken; up: and acted Bethlehem Steel! a"orp____ 1, a to; 078, 1071 toric boundades~ af . the, Stat-es. The:pur. (..19-5.1 )L.-. 1,.5M,.I72, m~ · is:> upon favorably oy-th-e· otfier: bnli~. Why­ Eond Motbr c.rr. oon nose: of amendtnent to permit ex. are we aslted"in tfiiS'w.:eird RarlianrentaTy Seneral Electric. co_____ 1, 5'79._523; 8'7.8 P.loitation and de.veiopment. of thatr ter­ Santa· Fe______r, 462, 710, 43fu r..i.tor~ - ill! 1Jbe:. event that: the. submerged procedure t'o. vote·upon wl'mt':iir.snn.stance., Commonwealth Edisom Co_ 1,.434, 66A, 667, lands bill iffideclared unaonstituti:ona;l.bYJ is an amendment to a nonexistent: l:till?: Standard· Oil Co. (Calif.)-- r, .4n7~ . 19a, 494.. tbe Supr_em.e. Go_urtLo:fithe_United States.·. The answer. is; of cnursEr,. tlia-t:H: R; 51.3'4 Sears, Roebuck & C.o____ r, 3:62; 011, 465' is a gesture in futility. It· iS' as- R" effective: in campaignsi wh:en th~ :geople: be- unconstitutionaL Theref-Ore, im the: House: are.not.aler.ted to the·real issues., Wheru eyent that_. tha opinion of Mr:. Hobbs, i The distinguisfied' and' atBfe> maj'bri'tY: that po.w:er: is u.sed.to divest them ot.thein· sustained, if. the. sunreme:rcourt· of thm leader fias_ forthrightly t'ulcf US' tli-at. fie. resources. and. to take; from them. their: United States; hu1dsj that billi. to be un· wants:- to nave tfie matter a.ver· witfi' a~ nationar·&eour.ity, th stopy will. be-· dif constitutional, this:; legjslation.. would! quickly- aS' possible·· so thait th~ HOuse; ferent. . P.ermit elfnloitation. of. the: ar.e.a thatt can proce_ecf to other· lJusib-ess: If the:! Mr.-. GRAHAM. Mt.. Chairman, I.have, has been. gi'v.en· to' theJ States· unde g_entleman !ropes:- that irr tne~ cunsitlera-:-­ no fm:ther- req11ests for:. time.. · the other bill. 'Dhat... area would. be. aA. tiorr of otber busib-e.ss tire country- will. T.he C.HAffiMAN!. The~ Clenk willl no-man's land, a.. terdtory under- Hed-· forget what happened t'ocfa;y·:lJEwilr walt~ r.ead.. eral control, but without power: in th-e~ up to wonder wfiy fie- never pla;ce:d' riiore..l The~ Cier.K · read as farrows.: Federal Government. to: develop. it$ re- faith ~n th~ 13 superstit'ibn. M"'a;y- 13~3 Be it· enac-ted.,. e.tc.,. That. s-ectioiL 2 of' tlie. sources, if additional legislation for"· thaU; 1953, IS a dme tliat patribtlC' ind'i-'gna·- · Shbmerged' :llandS Act i:S:. anreneen obtain title to the submerged lands bor­ clared unconstitutional, then there subdivided by the &cretary for leasing pur­ dering their shoreline. would be this safeguard to permit the poses, such tracts being herein called 'leas­ I ask for a favorable vote on my resources to be exploited. ing units'; (ii) the minimum bonus per acre amendment. Mr. YORTY. That is not correct, which will be accepted by the Secretary on Mr. YORTY. Mr. Chairman, I rise in either. Even if the act were sustained each leasing unit; (iii) the amount of roy­ opposition to the amendment. as constitutional, what we have here alty as specified hereinafter in section 10 (d); Mr. Chairman, it should not take 5 would be inconsistent with the other act. (iv) the amount of rental per acre per an­ minutes to dispose of this amendment num on each leasing unit as specified here­ You are setting up a conflict that would inafter in section 10 (d); and (v) the time because all this does is to surrender the have to be resolved, because the gentle .. ·and place at which all bids shall be opened entire area seaward from the coastline man's amendment refers to the sub­ in public. of the United States to the international merged lal;.lds act, and it will become a "(b) The leasing units shall be in reason­ domain; a domain wherein foreign ves­ law. ably compact form of such area and di· sels, warships, or other craft could sail The CHAIRMAN. The question is on mensions as may be determined by the Sec­ up and down and do as they pleased the amendment offered by the gentle­ retary, but shall not be more than 640 acres without any control over them by the man from Illinois. if within the known geologic structure of a United States. If you will refer to the \ producing oil or gas field and shall not be The amendment was rejected. more than 2,560 acres if not within any language on page 3, the second para­ The Clerk read as follows: known geologic structure of a producing oil graph, you will find this provision: SEC. 2. The Submerged Lands Act is fur· or gas field. This act shall be construed in such man­ ther amended by striking out sections· 9, " (c) Oil and gas leases sold under the pro· ner that the character as high seas of the 10, and 11 and inserting in lieu thereof the visions of this section shall be for the pri­ waters above the outer Continental Shelf following: · mary terms of 5 years and shall continue and the right to their free and unimpeded "TITLE ill so long thereafter as oil or gas is produced navigation and navigation~! servitude shall 41 therefrom in paying quantities. Each lease not be affected. 0UTER CONTINENTAL SHELF OUTSmE STATB shall contain provisions requiring the exer­ BOUNDARIES cise of reasonable diligence, skill, and care That means in dealing with the outer "SEC. 9. Jurisdiction over outer Continental in the operation of the lease, and requiring Continental Shelf the area outside of Shelf: (a) It is hereby decl{!.red to be the the lessee to conduct his operations thereon the United States the right of foreign policy of the United States that the natural in accordance with sound and efficient oil­ nations to use the areas for shipping and resources of the subsoil and seabed of the field practices to prevent wa.Ste of oil or so forth are not affected. outer Continental Shelf appertain to the gas discovered under said lease .or the en· If we were to adopt this amendment, United States and are subject to its juris• trance of water through wells drilled by him which does not fit in with the rest of diction, control, and power of disposition to the oil or gas sands or oil- and gas-bear­ as provided in this act. Federal laws now ing strata or the injury or destruction of the th:e bill, but defines the whole offshore in effect or hereafter adopted shall apply oil and gas deposits. area as outer Continental Shelf, making to the entire area of the outer Continental "(d) Each lease shall provide that, on or the high seas above them international Shelf. The Secretary is hereby empowered after the discovery of oil or gas, the lessee domain, it would be a very unwise action. and authorized to admin.ister the provisions shall pay a royalty of not less than 12¥2 per­ Mr. YATES. Mr. Chairman, will the of this title, and to adopt rules and regula­ cent in amount or value of the production gentleman yield? tions not inconsistent with Federal laws to saved, removed, or sold from the leasing unit Mr. YORTY. I yield. apply to the area. and, in any event, not less than $1 per acre Mr. YATES. If the gentleman will "Except to the extent that they are in­ per annum in lieu of rental for each lease consistent with applicable Federal 'laws now year commencing after discovery in addition consider the amendment he will note in effect or hereafter enacted, or such regu­ to any taxes imposed by Congress. If after that the term "outer Continental Shelf" lations as the Secretary may adopt, the laws discovery of oil or gas the production thereof means all submerged lands and natural of each coastal State which so provide shall should cease from any cause, the lease shall resources appertaining to the United be applicable to that portion of the outer not terminate if the lessee commences addi­ States in accordance with the definition Continental Shelf which would be within the tional drilling or reworking operations with­ in the other bill. My amendment would area of the State if its bOundaries ·were in 90 days thereafter or, if it be within the not change the language in the other bill extended seaward to the outer margin of primary term, comm_ences or resumes the but would clarify it. If the other defini­ the outer Continental Shelf, and the Sec­ payment or tender of rentals or commences is retary shall determine and . publish . lines tion followed, the sumberged land defining each such area of State jurisdic­ operations for drilling or reworking on or lying seaward of the historic State tion: Provided, howevr, That State taxation before the rental paying date next ensuing boundaries would belong to the Federal laws shall not apply in such areas of the after the expiration of 90 days from date of Government. There is nothing in my outer Continental Shelf. The Secretary cessation of production. All leases issued . amendment which would deprive the shall reimburse the abutting States in the hereunder shall be conditioned upon the States of any interest in the lands within amount of the reasonable costs o! the ad­ payment by the lessee of a rental of $1 their historic State boundaries if ·the ministration of such laws. per acre per annum for the second and 489~ CONGRESSIONAL. ·RECORD:-. HOUSE' e:very lease year thereafter· during 'bhtr pri­ any· c-ontract'; agreement, un-derstanding:-.. or as. t~e Secre-tary may require and• complies mary terms and in lieu of.drilling operations c.onspir.a.cy, to restrain trade or. c.omm.er.ce in with such other;- reascrnable reqpirements on or production from thm leasing unit..~ · the production or sale of ail or gjl.S... or_ tlaw,.may by-thirS.ecre old lease was- in fore& and, effect__, in ac.cord-· produced in. paying, quantities on. a leas~g, tary bm invalidated subject tcr the right. of:: ance;. with its-ter_m:s, and provisions and the: unit, bu:t· drilling operations_ ar.e commenced. review as.,_o.therwise provided for herein• • laws of.. the. State issuing it.. on. the apJ!licable.: not less: than 180 day,a prior to-. the.. end ot: "SEc. 11-. Exchang_e of existing State leases date providea for. in subsection (a), of this. the primary term and such. drilling onera in outer Continental Shelf for. Federal sec.tian; or in tbe absence of, such certificate, tions or other· drilling operations. nave been. leases:. (a) The Sl:!cretar-y:, is authorize~ an evidence in the form of affidavit, receipts, and are b.eing diligentLy prosecuted and theJ directed t'o issue a lease to any- person in canceled checks, and other documents show- , _lessee has otherwise performed his obliga­ ex-change for a lease covering lan-ds in th~ ing such facts. · tions under the· lease, the. lease.. shall re­ outer Continental Shelf which was-iSsue:d by· " (c) rn the event· any lease covel'S, as- well main in force so long as drilling operations any State prior to December- 21, 1948, and1 as other lands, lands of the outer Continenta:h are prosecuted witfi r_ea-soname diligence· w-hich would have been: in force and effect Shelf, the provisions of this section shall. and in a good and wor.Rmannrte manner, and on June 5, 1950, in accordance with.i.ts. termsJ apply to. snch~ lease . insofAr. only as it co:vers rental paid, and ifthey-result.in the produc­ and provisions except as· modified. as, tG- ad­ lands of the. outer. Contin-ental Sh-elf: tion o~ oil or· gas- so rang thereaf.ter as oil. ditional royalties- provided' later ih tliis sec-. "SEC. rz. In-come: from outer_ Continental: or gas is pmduced'therefr.o:m.in...pal!ng·quan­ tion and the laws of the· State- Issuing such: Shelf!· All rentals; royaities, and oth-er sums: _tities. lease had. the stat'e issuing-: such lease had payable-. unde any lea-se- on the outer· Con-· "(f) ShoulQ a lessee-- itr 1t Tease· issued under such paramount rights in and dominiomover: 1/inental Shelf· !or the period fr.o.m. Jun .e ~ 5, the provisions: of title IlL of tl:Hs· ac_t_ fail to the outer Continental Shelf as it assumed it:; 1{}50, totda--te-, an--cl thereafter shall be"depos-· comply with any;· o:r tha nrovisions of this had when it issued the lease. . Any lease.issuecL. ited. ilL the:'I!reasurY. of the United States-.. act or of tl'ie: le.ase,_such lease may be can.._ P.urs.uant. to thi section shall ~ be for a term "SEC .. 13.. . Actions involving· outer Cont1-­ celed oy the Secretary- because-- of such· fair­ from th.e effective date l'iereof' equal. to the-, J1en.ta1 Shelf.: Any coULt proceeding:. involv-­ ure; but oefore suclr a cancelllttion. tlie s.ec-.. unexpired term o the old lease, or lmY' ex- . ing a lease or· rights under. a lease of a por­ ..-retary s_hall give:- tl'i'e' lessee 20 days' notice- tensions, renewals, or repla'Cements. author. t1.bn of' tn.e· outer Cbntinentar Shelf may- be' by regJstered mail' at J:tiS· last: knuwn address:. ized thereih, or heretbfor~authorized by' theJ ihstituted ih the United States district·court:; -of the ciaim-ed defaults. If tl'i-e defanlt's- are; laws of the~ State. issuihg, or whose. g_!'antee. fUr tn.e district in which any defendant· may1 not cured by the end ·of said period tli-e issued, the- same.:: Provicied,. however;, That_. be'. found or for· the district ih whicre the~ s-ecretary may· proc:eed_ to. cancel the lease. if oiL or gas was nat being ~rodu.ced l from leased property, or some nart thereof,, isl , .lf.ny person complainihg of such cancellation. such old lease on and bef.or.e December 11,. l.ocated; or. if no. part of. the. leased nropenty may have such a'Ctiorrreviewed ih tfie United' 1950, or if_ the primary ter_m of such lease is within any district, for the disttic.1i near- States. District· Court for tlie DU;t'ricv or Co~ has expired since- December IT, !950, then est to the :groperty lnvqtved. . ltlmbia. If a lease or any ihterest therein is· any such new lease shatl be'- for a t-erm· from "SEC. n. Refunds: When itt app-e-ars· to the owned' or controlfed~ directly or indirectly, in' the effective date nereof equal to the- term satisfaction of· the Secretary that any persow .Violation of any o~ the previsionB" of this­ remaining unexpired on: December 11, 1.9.50, lias~ made' a payment to the United: states. act, the lease may be· canceled, or the interest· under the provisions oi the old lease. or anr ih connection witH:_a;ny ·lease under this act': so owned or controllecf may be forfeited by· extensions, renewals, or replacements author in. exces of th~ am-ount; lie.. was Thwf.ully· the- Secretary a~r provided in this- parag_raph, ized therein. or heretofor,e authorized· by the.. required to,gay, s.uafi excess shall be t;epaidl or the person so owning or controlling the:· laws of tlie State issuing or whose grantee to such persQn,.- his.. assignees, or his. legal 1nteres.t may be compelled to dispose of the issued such lease, shall cover the flame natu­ representative, iL a.r_equest for rep__ay}llent of' interest in an appropriate court· proceeding:-. ral resources and the same portion of th~ such excess is filed with th.e Secretary withim " (g) The:. provisions-of sections 17; 17 (b) , «bnt1nental Shelf as the old lease, shalL pro­ 2: years after· the issuance ot. tha lease- or 28, 30, an (a), 30 (o) ,. 32, :m; and 3g:.. of tne~ Vide for payment: to the: United States of the; tile-making of'tlie-- pay;m-ent. Mineral Leasing"Kct tcr tfie extent-tl:iat. sue same rentals, royalties, and other. pa-y:mentSJ "SEa.. t55 Wa.ivel' of lla-Oility ror past op· provisioiiS ara not: inconsistent with- the' as are provided. for. in the old lease, tog.ether erations.:: (a) No State, or political subdivi terms of. this:: act, are made applicaOle to with a sum as additional rayatty·eq_ual to any sian, grantee o.r· ressee: shall bEr Uabl~ to or. lands leased or subje-ct to lease. by the: Sec severance tax charged oy arr a'llutting State, required to account to- the- United States iru retary under title III of this act .. iu addition: to any taxe-g- Unposed: liy Con­ anY. way for· entering__. upon,. using; exploring "(h)· In. the interest· of economy and• of gress, and sba:llinclude:-sucli otl'ier_tennB and fbr, develo:g_ihg, producing, or dispo_sih-g of~ cooperation between Federal and State- leas pr.ovisions1 consistent with. the:: provisions naturaL resources fr.om landS. of' the outer: 1ng agencies Within th-eir r.espective- jurisdic-, this act, as may be prescribed by the Secre.-· «ontinental Shelf nrior to· J.une 0.. 1.9"50:: tions, t'he Secretary may; but.only-to the ex­ tary. Operations_under such old lease may "(P >: If. it shaU: be determined oy apnr_o­ tent he:deems:-feasiole, maRe· usroof f"acilltles: be conducted as therein provided. until the priate court action that fraud has Been prac­ &Vailable tu ltim from. the anjacent States­ issuance of an exchange leas.e hereunder- or ticed in the obtaining of any· lease referred~ and their leasing,. ag-encies. Eacli lea-s<£ shall: until it is determined-that no such.exchange m herein or fin the opera-tions. thereunder, contain such ather terms-and provisions-con•. lease shall be issued. No lease whic-h has. the waivers P._l:ovided im this, s.ection shall sistent with the pro.visions-o:Ctliis=act as:-may O:een determined by the Secretary· to- have not be effective .• • be prescribed . by- tlie Secretacy,: The- S..ecre--­ heen obtained by fraud or misrenres.enta-tion "SEc.,16. Powers reserved to the United~ tary may delegate~ Iiis- authurity under thiS' shall be accepted fbi: excfiange under tliis · States: Tli:e Uhited S.tates r_eserves and' act to officers--or employees: of th-e Department'~ section: Any persons complaining of a re re.tains- C1f the rnterior and may authorize suodele ftlsal by the· Secretary·so to exchange- 8< lease~ "(!=1-) irrtlm·e orwaT orwlten necessary·for gation to. the extent· that lle may deelll1 a:s herein provided may,have such action· re nationar defen-se, and wrren· so nrescritied }?Y. proper. viewed in tlle United: States-- District Court· tlie Congress or· the mesialmt; in. additiom "(1) The Secretary may•deny any · appm~a, tor th-e Dlstrict of Columbia. tb any andlall:otli-erllig_litffiit mayhave:.unde~ t1on for. a lease, as to- which it'· appears tlia·t "{b-) No· such excfi-ange lease s1iail' beo> the law, the right (1) of first-refusarto::pur-· tne lease, if. issued, or an-y interest thereirr,. itlsued unless; ·(i) arr a:ppllcatibn therefor, chase- all or any1 portion. of tha oil~ or gasJ would be awned or o.ontrolled: directly· or or a-ccompanied by a -copy o the rease from. that may be produced from. the outer Con­ stock ownership, stocKholding; sto.clt' con tne State or its- political subdivision or tinental' ~helf; (ii) to terminate. any lease.:. trol, trusteeship, or·otrrerwise, by any' citlzen, grantee offered in• exchange, is fired'. with the issued or authorized P._Ursuant to or vali­ of an0ther country, the· laws, customs, or Secretary within 6 months ft'om•tlie effective· dated by title III of this act, in which event regulations of which: deny- sitnilll.r or like date of thie a:ct, or· within suclr further the United States shalli become the owner privileges- to citizens, or corporatiuns. of: 1iliiw p-eriod as provided in sec.tion rs liereof, or as. of wells, fixtures} and improvements; located country: Where. such awner.sliip or ccmtr.oll may be fixed from time to time by-the Sec­ on the area ot. s.uch lease- and shall. be. liable~ arises after a- leamn is grante.d,. the- SecretarY' retary;· (ii) the appllc.an.t ~ states: in his- appW­ to· the.,. lessee, for. just e.om.Qensatiom for s.uc may then cancel the. lease because tl:iereo:F.. cation that ~ tlie lease:- applied for sh-all be. leaseholda,.,wells, fixtures_, and improvements,. Any ownership o interest~ described~ in this> subject~ to· the sam-e overridin-g royalty- obli­ to be de-termined as in the case of condem-~ section which may be acquired. by- descent;, gations:· as th-e rease' D;sued oyr tfie· State_ or· nations;, (iii), to susnend- o.per.a.t'ibns. under: Will, iudgment, or. decree may be· held f.or 2. it's polltical s.uonlvisio or grant'ee 1m addi­ any lease issued' or aut'hori:Zed_ pursuant" to; y_.ears and not I.onger after. its.. acquisition. • tion. to any Ulxes imposed l>y Con-gress;· (111) or validated by title· m of t'.aig. act, ih, whibh1 No lands lease.d. under. the. pro..visons. of. this" the applicant pays· to the· United' states al event: the- Unitmr 8.1!ateg. slia1ll l:re• llid>re tro s.ectlon. shall be subleased,. trusteed, pos...­ rentals,,royalties-; and' oth:ersums.:tdue to th the less..ee for- s.uch compe-nsa-tion: as; is re-· sesse

· the; tenm G>f. any suspende sha;lh be ex:­ o:r poH,ticB.h SNbd.ivision, or. g11antee) theneoi', ehl and gas in any; a.t:ea of the outer Contl­ tended. b6'l adk:liJD.g_ thereto a~ sus.l?.ensioa such. S.tate, its, }POLitical subdivision, or gian.,.. nental. S1nelf. nut. then un.de:c lease for such penia.d;, tee,. as. the cas.e. ma;y; be, sllaTI promptly ac­ req;uested m!ne~:al, shall offer for safe in a. "(h); tlie,riglhf: md'esfg,nate bJ] andtlil:oug_]l count to the. Unfted' States, therefor.; and competitive- seal'ed biddinw, mineral' leases the Secretary of' I.Iefens.e., wftfi the ~rpp1:crval "(,3) the- lessee of' any such• lease· may ftl'e fo:: a- min-erml1 o1the1'· 1tl'l.-an oi'F andl gas- fn suelll. of tl're PresfcFen•1l, aS" rereas r.estrfcttell' n-om applicatibn fO:ll1t. mf' tion 1:11 1irer-emr a;11. WJilllV 1lfme pnwr tm the ex­ fix a:l prarpas.ed teJ:m.s mt am~ Sllfchl. lease im the aontfnentwn mltelf :rreed'eGil :ClllU' nrotimnal piratiu:m o1t 6 mom:ths: afte lit is determined his invitation to bid, as henei)'latfon. b~ :tii.nal j,utlgmellldt at:. a e0unt 0f cmm'Petelilt t0 no~all .ty nates,; area covened an.Q., otherwise remains in eft'e.crltm(!I)9JPUllluhtiitense;; a.nd if opera­ covered by· th-e rease- liTe' mvref ronciJ ii!- lireneby authoriz.3Gl tions- or prod'uctfun. urrd'er any· lea'Se' t'l'rere'­ the UlhiJte'd. S'lla11es alild. tlllwt 1lh-e lmnds coV'­ to. p1mmurgaroe negl!l{adlf0ns- off g-emet'all. 81pplii.­ tofol'e• issu.ed' 01'11 lan'Cl~ wiit~1in.• ronyr suehl De­ erem: by suciD le:ase wue: wiltlilfru the o.ut.er ea.1JiKDEl. wi.1th: re::qpe-.dt 1tllrere:lio.4." ' strieile:d anew. slll:al!Il b~t· SUS!l'emieJJl, an~ pwyr­ Contirrentmh Slmllfi:. men1t cUI n~ls) mfnimrumn l11ll;y;ailll1yr~ wri:dl. royr­ "(lil)l I:ll: aJliW a111eai. oft tlae outer C0ruthnenta!l . Mr: GRAH~. :Mt Chafrmarr,, wil'1 altyt pue1mrilmd Illy auch l~aB .e' like..wtfue shal!l Shel:fi. on otlren lands. CQ.vexecl b¥' tlaia ac.t the g-entleman yfelli? be S14StJended! dWli.n~J, such!. I;JerioCil l.Wt in wJnJ.cla. such cas.e is. pendi.n.g a'lliY pect of' the problem. in:v.oivililg the outer " (e) tlil-e a.,wner.shfp oJl arut the: ni~ tJD :t.entals, ro,:\)altie.s, and othen. sums. pa-.~able Continental Shel!: with pa:r:ticmla:r: :r:efer.­ extract helium from all gas· pwd;ueed fn.·era1!iol!l\'3 minerals S.tate of Texas long since., clause, pb.rase ox: fndiv:idual w,ord, o:t: the ap­ under any;· l~se lSsue:d. ~UilSuant; to. tblis; act, out of its experienG:e, learned to, cfeal plication tfiereof. to a:n~ · person or circum­ is' here by 11e.co~pized :.. with other. possibie mineralS~. for exam.· stance is heM invaH'd-, tfie vrelidlfty of' 1li're "SEC. 18. Interpleader and interim al'I'ang,eJ­ ple sulfh:r:; and. undez: fts raws~ 'rexas futs rem'3lfnder of th-e' a.>«1t amd.l off tllre apf!lli'Cmti'on me.nta: (a) N(i)twithstanGlililg» the o1ihen pro­ a.{ of amy. suclll pi:oA!Ifamn secti'om,, suJllseetioDI, made possihra tl'le explbJtatfon the visions of tllfs act, U. any; le.ssee under a:my sente:nee., eialllse>,, pllrnas.e l word. same or substantial!~ tlle same. area. for l~ase of su,bmerged lands granted·. lly- any to other. perS(!Ims ailliL cmmm:stllll'l£ea ela.alh nn or · ered blf sucfi lease nes. wi.Lhi..n tlae out.er Sullu11 may oecur.. m a. &tra.tlltm. 0n the prGlJVisili>m: sEJ.-am be. heltlt ~re:p.amwJlllel aRd 1li1l.e Continental Shelr, ox:· (ffl as to wEl.om tile rem'lililm:i®:g s.ulbsee.t.i.Gl.lils; 3llil.'Cl. p:tCD.vl.rsi'!Jil$ shd very crest. of the. dome whereas. oir aml rentals, royalties, 01" ofl'rer sums paya:f.ll'e not b.e. a:mee.tltd. tlrerehY' " gas, w.ili be founcf in oil-beating sands oc­ unden slllc:Jb:l l'ease' are. la:.wJJrlU,llyl Ji>aJYalbie, or curring; on the. fianks of the dome at (-iii)) as tO' 1m:e. vAt:l'i:d.i~ of: tiW cl~ims oi. the Mr. GHAIT.A:M" ( mterruptimg- tn:e d'epths: of' many tno.usancrs. of feet oelow State wbli.ch issued, or whose pxi>liti~aa su]D,.. readiDg-)>. Mr. Cmirmam, r ask Uil'a)ni·­ the sulfw:-bearing stratum Oil and galS diviswn Qll gnantee issue.cL,, sUlch lease: to. the moU& c tlhf.tec:l to the request of the gentleman from resources sha.ultl not go forward at the StateS~ and·, ~itbl. their con'Sent', the S1late: or Pennsylva:l'lim ?' same time aa tlhos.a w.ho. are seeR>ing tw States concerned, in an. actiom fil'ech im. t:rre There· wa;s- nO' obj'ec1lfon. recove.z: s:bl1fur. Completely di!I.erent United S1lates District. Count, t.or tlle Distl'ict Mr. W .ALTER. Mr. Chairman, o1Ier processes. are inv.ol~ed in the tw.o oper­ of Columbia, and,_in the e'llent o:r State. con­ r sent tO' be interplea'de.d',_ deposi't" with the an amendment: ations~ clerk of' tha1t cou11t a'IP ren>talls,, royaltie~ and The Clerk read aS' followS'~ What lL w.fsl11 tQ, see CongJXess do• wim other sums payable!' umfel" .!RICh lease after Amendment offered by Mr. WALTER': P'age acc_ompllish. the m.aximmn :tec.oveny ol.. filing oA sum centi11.ca.te,, 8itl.'d snell. d'epar'­ for 11ec.o;veny of mi•me11al.s. Gthe:t than o_iil "(2) the le.ssee may, continue.. to; p~ an ticulrar arere fC!Jl'' oi!l and gas, am'Cl relS1!l', a1t the and gas.. rental'S', royaltie!r, and' other s:ums payable same· 1lf~ rend :lio11 tne> same arere, :for sulfur under such lease to the State, its· po!'fCica~l or o1thermi'neral's, and· nO' person hWVill'lg be:em I do not think that this C minerals, a;rre. s.a.HL to Cil.Ccun. o.n the outer be pafd.\ f.IY' B-B)idll'essee- i'l!ll aJeC Spllingen­ the>amendment aff:'erecr b~ the gentremaii l..andi!U!Dl P!llelocer Stau1f-e.~t UJn:tiT. f~thel! . IlD,tlce. M"innesQ.t& IJ.\DI. M:"cCA.R:rinrr.. Lanhalitll. FilliDm SteeoL. fmm Lamatr Po.tf' Stringfe.Lib.w; Ml1.. &win®. with Mlr. Clllnck!>n... The· amendmeJat was. r.eiected'.. liatllam P'ol,k­ Ta1Jer Ml:_Jil..eece of: Tem.n.ess.ee. wfth Ml:.. nempse~. The. CHAIRMAN. ~ the.r.ul'e the. , Eecompte> Preston Ta·lleo Mr Sha.fe.t:. w~Il. m . Miller of Qallfo.x:nia. Lovre> Pltl'es1t 'Fea~e­ Mr. :Mason wft!h Mr. Wfll'i'am'S of Missfssippf. Cbm.mitt.ee rises :n.ucas. Prouty­ Thomas; Mir. wH7l'II Ml'. Smftrh o't M•fi!sissfppJi. Accordingly the Committee rose.;; and> Lyle Raina: Thompson. Angelllt the Speaker ha'\ling resumed the chair, McConnell · Ray . Mich. Mr. Homnallil. ar Mfewga.Ill wiltll Mr~ Me,. McCulloch Thompson, Tex. Mill:m. Mr ~ Dcm>ERO, Cha:iJ:man. of tne Commit­ :Raybum: McDonough. Reed ill. 'I:ho.r.n);:>e.rry tee of the Whole House on the>State: of McGregor Reed, Ni. Y. Tollefson Mr: P.RO~ changed his. vote from the UniDn, :tepar.ted that, that Cbmmit­ MeVe:w Rees, Kans. Trimble .. nay', ·to- "'l!ea.'" tee, haying nad under considena:twn:. Mack, W'ash. R'egan Tuck Messrs. :BYRD, CARNAHAN, and' Magnus0n• R'hodes, AriZ: l!Tt1t the bill aL R ... 5J3.4') ta.. amend the Suh­ Mahon lll.ichards· Van.Pelttl; CR0.SSER change:d tlreiT'vote from ''yea.. merged Land's Ac.t p,uxsuant to. House. Mailliard Riehlman V:a,n Za:ndt.. to '"nay..'• Resolution 233', he :teported the bilf ba.ck. Martin, Iowa Riley, Velde The result 0f the vote- was rennaunced Matthews RLvers Vins0n to the House with. a:ra ame:n~rs. 'I:ex. Warburton DANIEL ROBERT LEARY The amendment "Was agJLeed to Miller, N.Y. Sadlak' Watts Mills Weichel Mn. GR.AHAM~ Mr. Speakei", I ask The SFEAKER... The question on sti• . GeQrge rs Morano Saylor Westland. 111nanimo.us consent f0:r the immediat~ the engrossment. and thLrd reading. or Moss Schenek. Wharton. consiaera..ti0n of Ho"Use Cenclilrrent Reso­ the bilL Moulder Scherer Wheeler Mummw, Scot11; Whitten lution 99 Fequestin.g too Pneside.nt of the The biU wats erdez:.ed t~ be eng:n0ss.ed Murra~- Scrivnetr Wickersham United States. to. return a.. bill which and read a. thitd time, and was nead the Neal Scudder Widnall passed both the House and Senate. The third time., Nelson Secrest Wiggllesworth' Nicholson See1y-Br<1wn Williams. N Y. chi..ld involved in this bill has be.en taken The SPEAKER.. - The. questi(j)n i& on Norblad. S.elden Wilson, Cali'f.. eare oL under exifitiJilg law. the passage oi the biij,.. Norrell' Sheehan. Wilson,. rnd.• The, Cled read the. House. concurreD! Oakmron Sltl.elley W'llson, 'Fe~ Mr ~ H.ALLECK. Mr Speaker, on that O'Brien, N: y _ Shepp~cli. 'W1nstea¥Ot. resolutien, as. :&:oliQ,ws.:. I demawl the ~-eas amd n~ •. 0 'Har.a.., :M.1.nnt.. Shov1L 'Wiil1v.e:nt0lil Re-sf)lai.ed by t'lkS! Hou.s."e! aft R.e-']!'T"e"~e:nt.atJiv~ Osmers; Yorty The :yea;s am'd. na:y$ were ordere:HC!>WS: •. Pelf~ Small · and' when sa•IC!l· li>i!J.'L is- ret'l!lnm:ed byr the> F:resi'­ fiRoUNCil.. 3.6 ]l llf~'¥S>-9L den.1t, 1tlre a;c:tib:n. oil:. 1lhe Pnesidf:m.g 011Icens of 'YEAS--3llB Ad'dbniZ'f J!10nanan :MUTer; Kana> the two H'mlses in. sig>E:Lng- said bHl sJ:'m.lll be­ Abbitt; Cole, M1il. Go0diwi1D Andersen, Ji1x:i.ede'lt Mollohmill. deemed re.scinded.. and the>bill sballl be>:p .ost,. Abe11ne11hS Gole,,N_ Yl:. ril. J?enn.­ Allen c.ai:Ilf Ccre]p.elf' Eragen., C'm!Mt. Boland. Gross O'Brien., Mich. Allen, lll QQtt.om Hagen, Minn.. Bollmg­ Habert" O'Hara, I'll. sy1\ra:;:mia;, Mlr. GKA~?) · Andresen, Cbud'ert ' · H'ale BTe.aks L&. liMimr C>'Kbnskii. Tlrere> was; :mYO obd'e~tiom:.. Euchanam. Heselt.(l)ll' 0'Neli!.'1 Augu&VIC_ t!:tretleUw. Fre~leyr Th.-e HQQSe- eo~1t nesmn.nti(1)n was­ Andrews; Cirompacker Hlallleek: Buckley Holtzman Passman. Arends Cunuing)lSiiil;: Ha.Lldt Burdick ~well Patten ag:rre.e:d 00. an:d a nootion to lieeonside:rt hucllinclbss- CUrtfs. Mass. Harden Byrd' Jll,'\!;ftS .F031ge was laid on the table. Ayres Cl!l:CtiS) :Mm. lllQlld.&r By;nne;,Par... Jxmes.;.Alah Po:wellll. Bake Curtis;, N.ehlr~ Hml'llil£ Canfl.elCL. Kars.ten.. Mia.. Pric.e Barden. Dague. HarJiisan, Nebt.. C!::annoR' Kee­ Rmba'Ut Bates E>avis, Gre- H'arrtso:n, Va:. CVa:t:m~.lllam ~PlJJ­ :Rad.WWE.l PETER, CAMP.BELL. BROWN Case, Kieily, N y ; ReamSl Eiattileo Da:vi$ 'll'eun BamtiiJQtl,. Wtya. :Mill:: l'l!D.. Mn· ~kle:r. ll. ask u.lii8JD.ii­ Eeame~r lDacv.is, W1's-.. Ha~tv.e:w CeUer. Keogh RhJD.des.,Pa.. Beck~ Deane Ha;y.s., .Al:lL Chatfianp Kl'rwan R'Odin€P mnW5i .C:.nsendt tD ext-em~ nm:amk:s: ali Belcher Derounia:m H"erlbng_ VhmfC!111l: :man R0CDlii~ thiS. :tmfimt. Lmt 1lhe ~ ~ Corbett KiLuez!USkf, Roosexeit. Bende.n- Devel!emt Hess; ':L1\l.e SPJ!I'.AKEB~ ls: thene Qbjection tQ. B.enn.et.ir. Ella li>ie:r H1es1lamh Crosser. La.ne. Spence Bennett, Wch.. Dodd. H .Jl1. Dawson, ITl'. Lesinsltf. S'Ulliva:ll' the :rrequesi" 0f the ge..ntleman frmm, ~w Bent1eyr Domver l'I11Te'l'so:a:. ll>awsliln', llJ.ta:lill, Ilion. go T1ll.ompson, Ls. York? Rentsem.· . D@rrdint Darn, N. Y: Hoffman·, nl. Eberh6rtw Maoekr, !Mi. 'Yates Campbell Bnwn's ql!laUties as. a, man, Boltou:, li>01lll1., $ C. lilbllfderul Fine Madtiem Z'allaio:ekl his sagacity as a la\vyer, and his ti.de1ity Fr.a:nce!f P. li>OJW~ Haimes Foga~ Ma11Shalh Holt. to the public service, air exemplified Bolton., lilG~w,a li«>T Vicoo::ING--3'.1J. 011verP'~ EIUriTam: H'ope- tlilreughGuf his: chatvmanshi]) ·of the Sub­ Bonim Etlinand8tiJlll Hii>ram AngeJ.n :am Reber1fs' vevsive Actli:wiitie& CtiJm'tlFoll Bearrd, }i)rempts Bonnett Elliot::t. · Hmsmer Eaile$' Hays~ tOhh!ll Shafer: :me tmdayr, Mr. S,llreak:er, to ad'ell :my tribute Bosch Ellsworth Hruska Bar.r.et1L Ho1fm1Ul Ml.c~ Siemimskl.. BOW Engle Hunter BO:ikfn.. Huir Sinitfi, Miss. 1lo· thC!>se already I!>aixi him fo:rr his BI:amble.tt E~n& lily,de Brown, OJII:fo Kiraegel" StaggerS' achi'evement. in that ardlucms w0rk, :f!llD Bray; . Fllll .James· Condon M"a;s.on WJJifams Miss.. Byr didjg.em.1i; imtUiEYf',. aonGiilrcttedl u:n'empseyr MiHer; €mHf. WC!lic0tt lti& diwdi Be>al!d, alS: Wf! kE:W:, lil' munist>Party is comJ)l'eeelyr snbsenrent t.a Busbew E'OI:llesillm' JC!Inas n Ser ttl! bi·mWalSi passed the: evU: fnfi'uences. of the Sav.iet U'nion., Byrnes, Wis:. Fuuntrofm .Ione.~r. N,. 0., Camp Frazfer JQne.s Ma.. 'li'neo CleFli' aFmwE:ced tl're' falFewi'ng anctha.s. thus be_en allie.. to, o:r:deB tlil.e part~ Campbell Frelinghuisen Jone~ N: C. pa;iw:. 1i!> submit te, regis.tra:tiiom... aE.ci e>:.m.ntrol Qarr.igg, E!uiito~ Jm:Id! On tlrris: n>'te-!" · ~ :fuileU.ng. as to the pa.n1i~& statuS\, Cederberw; Gamble, Kealll. Chelf a ·ary Kea:cne:~ :Mr. Bn:>wn.. of Ollfo fiilr wrtlt. Mr~ Harr.e.tt. Mr. S}l>eakev, is, not, as, trutlil~ l'ra:v:e sup­ Chenowetifi Gatlfih:rgs Keartl'S' against". posed,. a, mere> ic!lle comfiFmaJtrmn: DE the' Chiperfl.'eid: G'a;vi:m Ee.a: making appropriations for the Treasury :pass it the Senate will adopt it and that more acres-1,571,335,640-to the great and Post Office Departments for the fiscal year ending June 30, 1954, and for other It may go to the· President and become public domain. · purposes, and all points of order against said a part of the law of the land. As t Two basic principles have guided this bill or any provisions contained in said bill understand it, H. ~· 5134 deals with the country in the management of this vast are hereby waived. After general debate, natural resources 1p a~d under the sea· joint holding. First, the creation of ad­ which shall be confined to the bill and con­ bed of the outer Contmental Shelf ~ea· ditional states and their admission to tinue not to exce~d 3 hours, to be equally ward and beyond s.tate ,boundaries, as t:Qe· Union on an equal footing with all divided and controlled by the chairman and those s_tate boundanes Will be fixed and other Stafes, and second, the formula .. ranking minority member of the Committee determined by H. R. 4198, after we have tion of programs and policies for the ad.. ·1953. CONGRESSIQNAL -RECORD -· HOUSE 4897; ministration of·great residual areas and future?· Under this new pattern there Titles I and II of the original bill, H. R. resources for the common benefit of all could be no future program. 4198, are now before us. There have the people. One must be still further concerned been no substantial changes made by Under the first, the number of States. with what is happening to the basic the Senate in these titles. They are ha~ grown to 48, and under the second structure of the Government and politi­ practically the same as when passed by have come such great programs as the cal system on which this country has the House except in a few instances national parks, the Forest Service, the been built. Here we find the Congress where a few words and phrases here and mineral leasing program, the grazing of the United States undertaking by there have been changed or deleted for and land management programs, the special legislation to destroy the func· clarification. Fish and Wildlife Service, the Reclama­ tions and decisions of a coordinate About the only thlDg that is substan-· tion program, and many multiple pur­ branch-the Supreme Court. After pro· tially new in this bill is a reassertion by pose projects to conserve and develop longed and careful weighing of all the the Senate in section 9 which confirms our great resources. respective rights and the basic issues the rights of the United States to the But now we are witnessing a reversal of involved in three historic cases, the Su­ jurisdiction and control of the lands un­ all this. The Congress of the United preme Court of the United States has· der the Continental Shelf outside. of States is proceeding to enlarge the clearly ruled against the action now. State boundaries. boundaries of a few already large and being so lightly taken by Congress itself. I read as follows: powerful States, accentuating· inequali­ Distinctly judicial functions appropriate Nothing in this act shall be deemed to ties by allocation from the common pub­ only to the Supreme Court of the United­ affect in any wise the rights of the United lic domain great resources in a process States are being taken over by Congress States to the natural resources of that por­ and under a system that only a few itself-upsetting the judicial processes tion of the subsoil and seabed of the Conti­ States can benefit from. Now that and starting this country on a new and nental Shelf. modern technology and great advance­ strange course. So that this is contained in the bill ments in science, the tools of our great that will go immediately to the President advancing civilization, have made possi­ SUBMERGED LANDS ACT upon its adoption. ble the effective development of the great Mr. SCOTT. Mr. Speaker,.! call up Mr. SMITH of Virginia. Mr. Speaker, resources lying in and under the waters will the gentleman yield? of the seas and oceans, Congress, in House Resolution 232 and ask for its immediate consideration. Mr. REED of Illinois. I yield. epoch-making legislation, is giving to Mr. SMITH of Virginia. Would the a few States, the common heritage of· The Clerk read the resolution,- as fol­ lows: gentleman be good enough to explain all. The first act is for a limited dis­ right there on section 9 a matter that Resolved, That immediately upon the h d. t b d tance, but this is. only the beginning­ adoption of this resolution the bill (H. R. as IS ur e some of us? Just what they will probably be back later to ex­ 4198) to confirm and establish the titles of does that mean? Does that mean· that tend their boundaries still further. Now the states to lands beneath navigable waters this bill confirms in the United States that the basic policies that have guided within State boundaries and to the natural title to that portion of the Continental America for 170 years have been resources within such lands and waters, and ~helf which lies outside the 3-mile limit breached, the second and third and many to provide for the use and control of said or the 9-mile limit, as the case may be? more steps will be easier to take in lands and resources and the resources of the · Mr. REED of Dlinois. It means there logical succession. outer Continental Shelf, with Senate amend- is nothing in this act, that is, the bill ments thereto, be, and the same is hereby, that is now before us, that shall be The offshore areas are only a part of taken from the Speaker's table to the end the story. How else can it be explained that · the senate amendments be, and the deemed to affect in any wise the rights, that so many Members of both branches s~me are hereby, agreed to. if we have any, of the -United States to of Congress supported this expansion the natural resources of that portion of of the boundaries of a few States. Mr. SCOTT. Mr Speaker, I yield 30 the subsoil and seabed of the Continental minutes to the gentleman from Missis- Shelf lyjng seaward and outside of the Enough has already happened to re­ 3 veal a few of the successive steps to be . sippi [Mr. CoLMER] and I yield myself area of lands beneath navigable waters, taken. minutes. as defined in section 2 hereof. An amendment to the measure to ex­ Mr. Speaker, this resolution makes in Mr. SMITH of Virginia. That means order H. R. 4198 which is the same bill outside of the 3-mile limit or the 9-mile .tend the boundaries of the coastal pertaining to the submerged lands which limit? States that would have included the was passed in the other body after ex- · transfer to the States of all the minerals tended debate. It is also the same bill Mr. REED of Dlinois. The 3-mile liniit in all Federal lands was set aside with as titles I and II of the bill which was or the 3-league limit. the promise that it would have special passed iri this body. I think it is per- Mr. SMITH of Virginia. What does consideration as a separate segment of haps sufficient for me to say that there this mean, "all of which natural re­ the program. Several bills are now be­ has already been in this body extensive. sources appertain to the United States, fore Congress to accomplish these pur­ consideration not only in this session and the jurisdiction and control of which poses. but of the general principles involved in by the United States is hereby con­ Other measures in the same pattern past sessions as well. For that reason firmed"? are before the committees to transfer I will not take the time to launch into Mr. REED of Illinois. That is correct. to the States the rights to the vast graz­ any lengthy discussion so far as I am Mr. SMITH of Virginia. Does not that ing lands on the public domain. But concerned but will at this time yield 3 confirm the title of the United States? this is to be only setting the stage for minutes to the gentleman from Illinois Mr. REED of Illinois. It does, in my transfer to the cattlemen and sheepmen [Mr. REED]. · opinion, but that does not provide the of these extensive areas. Mr. REED of Illinois. Mr. Speaker, I machinery. Official administration policy has been trust that 3 minutes will be sufficient for Mr. SMITH of Virginia. I do not care announced of Federal withdrawal from me to say all that I deem necessary about about the machinery, but I want to know the construction of a great multiple­ this resolution. whether this act confirms the title of purpose western project in favor of a By its adoption, we concur in the Sen-· the United States in the land lyirig be­ restricted development bY. private power ate amendment to H. R. 4198 and this .tween the historic boundary and the interests. phase of the legislation is complete ex- Continental Shelf. There has been unofficial talk, which cept for approval by the President. We Mr. REED of Tilinois. I think the probably could be ignored if it were not all recall that earlier in the session we gentleman is right. a logical part of the new- policies and adopted and sent to the Senate H. R. Mr. COLMER. Mr. Speaker, I yield programs, of selling some of the great 4198, and that that· bill consisted of 5 minutes to the gentleman from Ohio multiple-purpose projects to private in­ three titles. When it arrived at the [Mr. FEIGHANJ. terests. Senate it was extensively .debated for Mr. FEIGHAN. Mr. Speaker, I am If one great multiple-purpose project m·any weeks. and emerged with title Til · strongly opposed to the adoption of this is to be stopped and turned over to pri­ eliminated.. About 15 xninutes ago we resolution for the reason that I believe vate interests and other completed proj• again voted out title Ill in the bill H. R. we should send this legislation to con· ects are to be sold, what becomes of the 5134, and it now goes· to the Senate for ference to give the conferees on the side resource development program· for th~ reconsideration. of the House an opportunity to try to· 4898 CONGRESSIONAL RECORD -HOUSE May 13 water for the production of power" in Pilcher Seely-Brown Utt put into the bill title ·m. whicb we Pillion Selden Van Pelt :gassed just a Jew moments ago., and section 2 (e) and similar references in Poage Sheehan Vr.n Zandt whicb was included in the bill we sent to section 3 (d) Jn the bill as passed by the Poff Shelley Velde Senate are not to be construed as ac­ Preston 'Sheppard Vinson the Senate ana which it bas returned Rains ;Short iVorys with title m deleted. quiescence in any view that the United Ray Shuford Vursell This bill, H. R. 4918, went to the Sen­ States has any proprietary right in Rayburn Sikes Wainwr.ight water power by virtue or by reason 0f Reed, Ill. Simpson, Til. Walter ate with three tit1es. Title I and title II Reed, N.Y. Simpson, P.a. Wampler are back with us with one particular im­ its being inherent in the navigable wa­ Rees, Kap.s. Small Warburton provement. The .senate .adopted the ters within the .several States. Regan Smith, Kans. Weichel Rhodes, Ariz. Smith, Va. 'Westland amendment which I presented to the Mr. GRAHAM. Nor is it intended to Richards Smith, Wis. Wharton House and which was defeated, that is, interfere with the constitutiona1 Tights RiehJ.ma.n Springer WheeLer the definition of tae coastline. The af the United States as to such areas Riley Stauffer Whitten definition that was in the bill as it left Rivers Steed Wickersham anywhere in the United States where the Robeson, Va. Stringfellow Widnall this body provided that the Santa Bar­ United ·States now owns sites in -such Rogers, .Fla. Taber Wiggleswor.th bara Channel off the coast of California Rogers, Mass. T.alle Willi-ams, N.Y. would be inland waters. That is one of areas. The answer is, ·~o." Rogers, Tex. Teague Willis Mr. SCOTT. Mr. Speaker, I have no Sadlak Thomas Wilson, Calif. the questions that the United States and St. George Thompson, La. Wilson, Ind. California have been arguing before the further requests for time. Saylor Thompson, Wilson, Tex. Special Master, appointed by -the su­ Mr. Spea·ker, I move the previous ques­ Schenck Mich. . Winstead Scherer Thompson, Tex. Wolverton preme Court, for the .Past 3 yeaTs. tion. Scott Thornberry Yorty They have retained title· I and title II, Tlle previous question was ordered. Scrivner Tollefson Young giving, of course. jm:isdiction and· con­ The SPEAKER. The question is o0n Scudder Tuck Younger trol of these .submerged lands to the 3- the resolution. 'NAYS-11'6 mne 11mit or, m certam instances, in Mr. FEIGHAN. Mr. Speaker, on that Addonlzio Fogarty Miller, Kans. the Gulf of Mexico .to Louisiana, Florida, I demand the yeas and nays. Andersen, .Foran-d Mills and Texas, ~0% miles~ 01 cour:se, I have .H. Carl Fountain Mollohan The ye:ts and nays were ordere~ Aspinall Frazier "Morgan been opposed to that. I believe the Fed- The question was taken; and there Bailey Friedel Moss . eral Government should :have the entire Blatnik Garmatz .Moulder control. But that bas been passed by were-yeas 278, nays 116, not votin_g, J7, Boland -Gordon Multer the House. as follows: Bolling Granahan O'Brien, Dl. [Roll .No. 37] Bonner Green O'Brien, Mich. .My appeal to you now is that if we Buchanan 'Gregory O:'Brien, N.Y. turn this Iule down we will then have YEAB-278 Buckley .Oross O'Hara, Ill. an opportunity to go to .confer-ence and Ab'bitt Curtis, Mo. Hope Burdick 'Heller O'Konski Abernethy Curtis, Nebr. Horan Byrd Heselton 'O'NeUl insist that the other body accept title Adair Dague Hosmer Byrne, Pa. .Iloltzman Patten m in toto as we .llave just passed it. Alexander Davis, Ga. Hruska Canfield Howell Perkins We must make abundantly sure that Allen, Calif. Davis, Wis. Hyde Carnahan Javlts - Pfost Allen, m. .Derounian .Ikard Case Jones, A:la. Polk the will of this House, -as it has just been Andresen, .Devereux James Celler ..Jones, Mo. Powe11 expressed by the passage of H. R. 5134 August H. 'Dies Jannan Chatham Karsten, Mo. Price Should obtain. We realize we have been Andrews Dolliver Jenkins Chelf Keatin~ Priest Arends Dondero Jensen Chudoff Kee Prouty given some assur.ances that the other A uchincloss Donohue J.ohnson Cooper Kelley, Pa. Rabaut body will take up f0r {(}Onsiderarticm · the Ayres · Donovan Jonas.~ . . Corbett Kelly, N.Y. Radwan bill l .for, with .Mr. reference to "water power" and "use of Curtis, Mass. Holt Phillips Sutton against. 1953 . CONGRESSIONAL RECORD- HOUSE 4899 Until further notice: threat to democracy comes from both kets, a more public-spirited capitalist Mr. Shafer with Mr. Cannon. right and left. However, by far the most leadership, and the enlargement of an Mr. Angell with Mr. McMillan. imminent of the two dangers is commu­ agricultural plan in which the peasant Mr. Cretella with Mr. Dempsey. nism. The center parties are facing a has a maximum of proprietary interest-­ Mr. Hoffman of Michigan with Mr. Miller decisive battle to preserve democracy in cannot be laid by Communists. The of California. Italy. Are they strong enough? Can . welfare of the Italian people is directly The result of the vote was announced they now join forces in preparation for related to such economic policies as as above recorded. this great electoral battle? Only the those promoted by the Marshall and A motion to reconsider was laid on people of Italy can decide this. Schuman plans and by the integration the table. A glance at the current trend of poli­ of Italy in a free-world economy. These tics in Italy will serve to show how seri­ are the long-range goals of the Chris­ GENERAL LEAVE TO EXTEND ous the situation has become. In the tian Democratic and other center par­ 1946 general elections for a Provisional ties. Are the people aware of the great REMARKS Parliament, the Christian Democrats. sacrifices involved should democracy lose Mr. SCOTT. Mr. Speaker, I ask topped all other parties with 8 million out--the benefits of mutual secl:lrity, unanimous consent that all Members votes; in 1948 with 12 million votes. participation in NATO, participation in may have 5 legislative days in which tq However, the municipal and regional the Schuman plan, and Western Euro­ extend their remarks on the resolution elections of 1949, 1950, 1951, and 1'952 pean integration? There is no illusion just agreed to. · point to a definite decline in the elec­ about the price to be paid. The SPEAKER. Is there objection to toral strength of the Christian Demo­ The Communist Party if it gains the request of the gentleman from Penn­ crats. In the 1952 municipal elections notably in the spring elections, may be sylvania? the extreme rightwing parties together able to block progress in many direc­ There was no objection. polled 10 percent of the total vote and tions. It opposes any expansion of the the Communists and their alli.es got over national horizon for cooperation with 30 percent. The democratic coalition other European countries, except of HOUR OF MEETING TOMORROW led by the Christian Democrats lost course, the Soviet Union or the satellite Mr. HALLECK. Mr. Speaker, I ask heavily in the popular vote in these mu­ states. It seeks to perpetuate the coun·­ unanimous consent that when the House nicipal elections. There was a definite try's lethargy and it blocks any for­ adjourns today it adjourn to meet at trend toward the extremes of both the ward steps. Moreover, the fundamental 10 o'clock tomorrow morning. left and the right. Consequently, the characteristic of the Communist Party in The SPEAKER. Is there objection to political resources of the Christian Dem­ Italy is its role as an agent of the Krem­ the .request of the gentleman from ocratic Party appear to be dwindling and lin. Should communism win out in Indiana? there is good reason to fear that it can­ Italy, the church would undoubtedly be There was no objection. not duplicate this spring the success of persecuted, and possibly overthrown. 1948. Although these last elections were This is almost a ...certain consequence only for town and provincial councils, since opposition to religion and the MEETING OF COMMITTEES DURING they were regarded everywhere as a trial church is a basic tenet of Communist SESSION OF THE HOUSE run for the parliamentary election this doctrine. Moreover, the spiritual force Mr. HALLECK. Mr. Speaker, I ask spring. It would be virtually impossible of_the church in Italy has provided the unanimous consent that all committees to overstress the gravity of Italy's plight Christian Democratic Party with the having hearings'scheduled for tomorrow if the trend revealed in the recent elec­ ideological means to acquire the vast morning be permitted to sit during· the tions should continue. If the parlia­ political influence and popularity which session of the House tomorrow during mentary majority should shift to the it has enjoyed. And so it is evident that general debate. right or to the left, the country might the struggle of democracy against com­ The SPEAKER. Is there objection to find itself split into two hostile camps, munism in Italy is. really a struggle for the request of the gentleman from each directed by the extremists. Italy the survival of Italian culture and Indiana? would then, indeed, face severe internal civilization:-. There· was no objection. tension, if not open civil war-for the What would be the consequences of a right has threatened to use the power of Communist victory in Italy for the rest the state to outlaw all opposition parties, of free Europe and the Mediterranean THE COMING ELECTIONS IN ITALY while the left threatens to resist by force. area? What would be the impact on us Another almost equally disastrous possi­ of a Communist victory in the Italian Mr. RODINO. Mr. Speaker, I ask bility is the development of three large Parliament. unanimous consent to extend my re­ blocs-left, right, and center-which The cold war between the E.ast and marks at this point in the RECORD. would subject the government to grave West has developed, at least in part, in­ The SPEAKER. Is there objection to uncertainties and probably would lead to to a struggle for strategic positions. The the request of the gentleman from New a parliamentary deadlock. Soviet Union is obviously reaching for a Jersey? Are the center parties slipping because country which has been on "our side" There was no objection. they have failed the people? Indeed of the Iron Curtain and would be for Mr. RODINO. Mr . . Speaker, a mo­ not. The core of Italy's problem is eco­ them an extremely valuable acquisition. mentous question will be placed before nomic. Although progress has been If Italy were lost to communism, the the voters of Italy within a few weeks­ made, the Italian economy has been un­ present balance of power on the conti­ Is democracy to survive in their country? able to absorb the mass of surplus labor. nent of Europe would be upset. The In early June the Italian people will go The surplus labor presents a permanent Mediterranean would be divided into to the polls in the first general election crisis in Italy. Economic policies have halves. Russia would gain tremendous since 1948. On that earlier occasion in been of an emergency nature and conse­ advantage in the use of Italy's warm­ May 1948, all Europe and Arr.erica ap­ quently" have not fulfilled the fundamen­ water ports. The Eastern Mediterran­ prehensively watched and waited while tal requirements of the national econ­ ean would be closed to us-in case of war Italy determined its fate ·at the polls. omy, and so the peasants and working­ our position as allies of Greece and For the election had developed into a men are being wooed by the siren song Turkey would be almost untenable. Our· struggle between communism and de­ of communism and allied leftist groups. shortest route to the Middle East oil mocracy. It was a tremendous relief to If a free -state and a representative gov­ fields would be cut. Communist victory the Western powers when the counting ernment are to survive, the peasant and in Italy would spur the French Commu­ of the ballots revealed that the demo­ the workingman must know what condi­ nists into intensified activity-and the cratic parties had won. Now, after 5 tions are necessary to constitute a stable Western European alliance would be years of democratic government by the economy and which groups in the polit­ greatly weakened. A Communist vic­ center parties under the leadership of ical picture are striving toward these tory in Italy would usher in a dark hour the Christian Democrats, the young re­ goals. Democratic leaders in Italy must for the whole free world. public again faces a national election. bring home to the people that the foun­ Americans, I believe, are very conscious This election comes at a time when dations of real improvement--which rest of the great issues at stake in Italy this parliamentary democracy in Italy has on such factors as the modernization of spring. And Italian leaders know that entered a state verging on crisis. The industrial plants, the expansion of mar- we understand their problem-that we 4900 CONGRESSIONAL RECORD -HOUSE M·ay 13 have done much to help democracy in Mr. DINGELL. Mr. Speaker, this his equally effective and pro-public col­ Italy and that we are planning to do move on the part of the allied forces of league, Senator ANDERSON, of New Mex­ more. We have shown over and over the plunderbund and the admihistration · ico, would there be real and lasting ad­ again our concern for the great problems to rob the people of the United States of vancement of our schools and other in­ of overpopulation in Italy, the Trieste the wealth of submerged minerals, more stitutions would benefit a;nd expand. question, and the constant economic · specifically oil in this instance, and la- This attempt, Mr. Speaker, is the un­ crisis with which they are faced. beled as a "tidelands bill" is the dirtiest precedented low in brazen and contemp- Can we do more to assist the Italians most sinful move ever uncovered in this tuous legislation against the sovereign in this time of great crisis and imminent land. It dwarfs the Teapot Dome and. rights of the p_eople as .expressed by the decision'? Yes; I believe we can. I be- Elk Hills attempt and there is nothing Supreme Court of the United States and lieve we can use our influence to help that could be referred to even remotely is a dangerous evolution of power among see that the people have the necessary as comparable. It has been carefully industrialpirates who for their own self­ freedom of action to vote as they be- worked out as to detail by the plunder- aggrandizement will do anything even lieve. Democratic leaders in Italy are .bund with full cooper.ation of the admin- when . it is generally recognized that it aware, I am sure, of the ·possibility that istration and in its attempted perfection involves the very sovereignty and safety the Communists ·ma;y use coercion as of execution it reminds me of the rob- of our Nation. God grant that the test they have in other countries. bery of the Denver Mint and the more will be made in the Supreme Court and ·· If the Communists should attempt to recent Bri$ robbery in Boston. Of that the Almight y in His wisdom will overthrow Italian democracy with the -course, in total those were but petty lar- grant the courage and the conviction to assistance of the Kremlin, the Italians -ce~y compared to t~is legalized robbery the great Court to intervene and decide can be sure that they will have tne full which may turn out m fact as a betrayal on-ce again and for all that the rights of support of the United States in defend- of the people of the United States. It the people are paramount and that pol­ ing their freedom. Article 4 of the not only involves the equity of each and ished and surreptitious banditry despite North Atlantic Treaty provides that the every citizen, yes, even of those yet un- congressional weakness .or cowardice parties-and that includes both the born, -it also affects present and future shall not prevail against the Nation. United States and Italy-wi.ll consult educational advancement. None of this together whenever, in·the opinion of any seems to make any difference to the con­ of them,· the territorial integrity, politi- sciencele~s conspirators now in full con­ SPECIAL ORDER GRANTED cal independence, or security of any of trol. Mr. PHILBIN asked. and was given the parties is threatened. The presence Three decisions of the Supreme Court permission to address the House for 30 of strong United States naval forces in and two Presidential vetoeii mean noth­ minutes today, following any special .or­ the Mediterranean is symbolic of the in- ing to the present-day manipulators who ders heretofore entered. terest which the United States bas in not only in themselves are mighty but Italian freedom. Another action we can are "Rlso certain of the support ..of the take is one which .I would like to .ask the Chief Executive. There is no defense of THE WEST INDIES American people to initiate now-as soon the rights of the people today -as there The SPEAKER. Under previous or­ as possible-and that is the writing of was in the Roosevelt-Truman admin- der of the House, the gentleman from letters to their r.elatives or friends in istrations. There is no impediment in New York [Mr. POWELL] is recognized Italy, to impress upon them the great the path of these most powerful anti- for 5 minutes. impact of these coming elections, not public and conscienceless conspirators Mr. POWELL. Mr. Speaker, on only on their own lives but on the whole when the God-given natural resources, in March 1, 1949, this Congress laid the world, and to ask tnem to go to the polls this instance estimated to be worth any- basis for the successful Communist re­ and vote for democracy. As you know, where from $35 billion to as high as volt in ·British .Guiana over the past many Americans did exactly this at the $.350 billion, are taken from all the peo- week-end. Right next door to the United time of the· 1948 elections-and with ple of the United States and given to the States and the Panama Canal the Com­ tremendous success. plundering interests of three oil-produc- munists in British Guiana have just If democracy wins in Italy, if civil 1ng States, and one 'Other State that does taken complete control of the Legislative war is averted, if a Communist coup is not even have that .excuse· or reason for Council by capturing 1,3 -seats out of the prevented, a · great victory will be won the support of this alleged legislation. 24. The new Prime Minister of British in Italy and in the Western World. Our Not even the people of those four Guiana will be Dr. Cheddi Jagan, a self­ strategic position in the MediterraiJ.ean favored States can personally gain any- procla-imed Communist-and leader of the will be safe, the survival of the Western thing in this battle. The loot will not People's Progressive Party. There is ab­ Europeap alliance will be assur,ed, and go to them directly or indirectly. They solutely nothing that the British Gov­ the Communists will have been given an- will lose more than they would ·gain ernment can do about this except to dis­ other severe setback. However, only the were all the people to share in the proper sol;ve ·the Legislative Council and deny Italian people can make the momentous exploration and development of these suffrage to the people of British Guiana decision. For the Italian people this mineral rights wherever they may be which in turn would play directly into must be a great crusade--a crusade for along our coastline. The plunderbund. the Communists hands and all of this is freedom. Time is running short. the arch conspirators which are con- our fault. · If the democratic forces win, they will nected with a rapacious group within British Guiana's No.1 Communist and .be able to achieve in time the material the oil industry, will reap the prime ben- his wife campaigned throughout their and idealistic objectives for which they efits and through them a political party country on one platform-Americans stand. If they fail, democracy will be supported by excessive outlays of ill- hate British Guiana and they used as eclipsed in Italy. Such a defeat would gotten gains will attempt to advance proof the Judd bill which passed this be a mournful event in the history of further over the prostrate body politic House on March 1, 1949, with only 39 the world. With steadfastness and per- of the American people. All kinds of Members opposing it. I said then and severance on the part of the democratic campaign advertising bought and paid I repeat now that the passage of that bill leaders in .Italy; with vision and the for by these very same iniquitous inter- would "breed ill-will next door to our­ ·courage of tqeir convictions on the part est~ are still to be .found. in Cali~o!nia. selves, will do to ourselves immense harm of the Italian people, democracy can and Te~a:S, and e~~Clally. m Lomsmna. and is an uncalled-for slap in the face." will win in Italy Political advert1smg which led the peo- I tried unsuccessfully on March 1, 1949, · ple to believe that through the. proposal to clean up the Judd bill. 1 was opposed which is now before this House would by Congressman JUDD, Congressman THE TIDELANDS BILL the schools and the people benefit WALTER, and others. Mr. DINGELL. Mr. Speaker, I ask when just the contrary is true. The Fed- What was the Judd bill? The Judd una:nimous consent to extend my eral Government, as the Supreme Court bill was the foundation by which the re- decision sustained the position, would be pefarious McCarran-Walter Immigra­ marks at this point in the RECORD. p_ermitted to develop and distribute the tion Act is now predicated. The Judd · The SPEAKER. Is there objection to benefits from such development among bill aimed at giving equality to all orien­ the request of the gentleman fr.om Mich­ the States. Especially under the pro- tals but tucked away in the heart of it igan? posals advocated by the distinguished was rank discrimination and prejudice ~here was no objection. Senator from Alabama [Mr. HILL] and _ _against the loyal, efficient, trustworthy, 1953 CONGRESSIONAl. RECORD -HOUSE 4901 patriotic people who have been migrat­ over the· worl-d. It is going to be heard chine which presently makes. this Na.­ ing to his country from the West Indies in the Caribbean, it is going to .be heard tion outstanding among all the nations for the past quarter of a century. It . where there are people of the darker of the world and which is, incidentally, was a. deal made to admit 100 orientals races; we are going to need them some­ the greatest weapon which we have, if per year frem various· sections of the time. We are: not big enough to whip we but implement and guide it wisely Par East in return for stopping for mi­ this world by ourselves and I hope to and well against the surge of Commti.­ gration to America. of any Negro. It God we do not undertake to do it. You nist ideology and aggression. was hindsight of the worst type. are sowing the seeds for the destruction But the fact of the matter is that Today, we have a Communist govern­ of America." small business js the heart of our entire ment right next door to us, and it iS we· have squandered billions under the business structure, as well as the most directly the fault of the authors of the MarshalJl Plan We are bleeding the representative part. Measured in terms Judd-McCarran-Walter bills.. I pleaded p-rime of our American youth in a war of dollars and employment it constitutes with you on the floor. · I warned you that has no end and we are continually the major portion of American business. that this would happen~ I knew what slapping the faces of those who have It renders incredible and broad-gaged I waS' talking about. I. hav.e been to proven their loyalty. When ~re we go­ public service~ It employs more than the West Indies twice within the past ing to stop legislation by prejudice, gov­ half of all the persons employed in the ·few years. I know the people. But, be­ ernment by bigotry, lily-white foreign Nation. It deals in everything from pea­ cause of your blind prejudices and your policy? nuts to electronics. It is the mainspring facetious arguments- of equality by dis­ which moves a.nd directs the motion and crimination, you failed to listen. Not FOR SMALL BUSINESS scope of our entire business machine. only do you have, a Communist gov­ It is the sacred repository of individual ernment strongly entrenched today in The SPEAKER. Under special orders heretofore entered, the gent-leman from ambition and collective benefit. I~ har­ British Guiana but you have CJ:eated ill bors the adventurous and 'the enterpris­ will in every single West Indian island Massachusetts [Mr. PHII:BIN] is recog­ nized for 30 minutes. ing regardless of creed, class, or station from Kingston in the· north to Trinidad i:alife. It enthrones that great and most in the south. Every single West Indian Mr. PHILBIN. Mr. Speaker, there is precious possession of America-equality legislative body passed a resolution con­ a certain apprepriateness today that I of opportunity. It has been responsible demning the United States of America should make brief, but nonetheless, for the rise of millions from poverty and very• sincere reference to several bills · for passing the McCarran-Walter bill. lowly beginnings to comfort~ self-suffi­ Today, the separate colonies compris­ which I introduced some time ago in ciency, success, and wealth. It has told ing_ the British West Indies are mov­ the House in behalf of small business and the Horatio Alger story in every Amer­ ing toward federation, it was reeently small-business men, because it so hap­ ican community of the paper boy from agreed at a meeting in London. That pens that our Small Business Committee the wrong side of the tracks who became means that within the next few months is currently giving attention to some of president of the bank, of the homeless, we will have not a crown colony but a the very problems covered by these bills. penniless, immigrant from distant lands new member of the British Common­ I s-hould like to enumerate and discuss who rises from his small tobacco shop wealth of Nations, governed and con­ very briefly the bills in order and sum­ to head one of the Nation's largest in­ trolled by the natives and these natives marize tr.:em to some extent. There is dustries. do not Uke us. no special significance to the order in Are we tending to change the climate · We are the most disliked nation in the which I consider them and I hope the of American economic life so that big-· world today, not only_among the darker House will indulge me if I seem to indi­ ness becomes emphasized and smallness peoples of Africa and Asia but among the cate somewhat unusual concern and no penalized? Are our current tax laws and inconsiderable feelings and heat regard­ Anglo-Saxons of Europe and now among :~:egulatory measures, State, national, the Caribbeans right in our own back. ing the difficulties which in such a large' and local, militating against the sound­ yardL number of instances confront the Amer­ ness_ and health of small business:! I In the eyes of the world we are the­ ican small-business men. believe strong evidence indicates an af­ Western Hemisphere counterpart of the Let us never deceive ourselves con­ :firmative answer to these questions. I Union of South Africa. We have estab­ cerning the place which small business ha:ve given careful study to the multi­ lished a Capetown-Washington, D. C., occupies in our great and dynamic eco­ fold problems effecting small business, axis. President Eisenhower did not nomic system. I have had occasion to and I believe that the Congress not only cover: the: entire picture in his recom-­ refer to the importance of small business can, but should, move at once to apply mendations for amendments to the Mc­ in this House on several occasions, ancf correct remedies which would offer Carran-Walter: immigration bill. He :firankly, I am always happy to do so, be­ necessary protection and encouragement, omitted recommending the doing away cause it seems to me, in the light of the to smali business units, throughout the with the equality by discrimination that many attacks being leveled against our c.ountry. we have forced upon our: next-door business structure and our political in­ I would not assert for one moment neighbors. I am sure this was an over­ s.titutions by Socialists of varying de­ that the measures I introduced of them­ sight. I am this day dispatching a copy grees, by the P~os and the Marxist selves are a complete panacea, but at of this speech to the White House with Reds that it is quite fitting that we Ieast, they would have the virtue, in my the hope that he. will include the recom­ shouid acknowledge that small business humble opinion, of restoring a more. mendations that I. fought for on March is the true symbol of the independence, wholesome and healthy climate than the 1, 1949, in his new recommendations initiative, talent, resourcefulness, will­ {)De which -excessive, discriminatory tax­ concerning the changing of the McCar­ ingness to risk, and courage of the aver­ ation and bureaucratic superregulation ran bill. age American who chooses as .he has a bas been imposing upon our small busi- It is unfortunate that in times like right to do, not in Moscow or Leningrad,, nessmen. . these, when the world needs America and or anywhere else behind the Iron Cur­ The first of these billsr H. R~ 5061, is: Deeds the idea of democracy, that our tain but which he has the right to do designed to encourage expansion of busi­ Nation is being governed by bigots. her~ in the United States, to seek out and ness by allowing a deduction for income: And so we.have witnessed the best politi­ pursue his own opportunities for ad­ tax purposes. of certain capital expendi­ cal idea that man has ever conceived­ vancement and achievement and reap tures. the idea of democracy~being defeated the honest rewards of his endeavor. In substance, this bill amends section today by the worst political idea that ~ I will not dispute the value, place, or 23 of the Internal Revenue Code relating man has ever conceived, the idea of c.om­ importance of big bus-iness because I to dedt,ICtions of gross income, so that, at. munism. have no quarrel with big business so How stupid of my colleagues 4 years long as it is legitimate, honest lawful, the election of the taxpayer, an allow­ ago to throw a sop to orientals 9,000 and motivated by the public interest. ance may be made for expenditures dur­ miles away and cut the throats oi loyal I am an incorrigible believer in free ing the taxable year for construction, re­ Caribbeans 2 hours by plane from enterprise and the American system and construction, erection, or installation of American cftiesL I close with the words way of life which has been responsible· any building, machinery~ or equipment I used April 25, 1952, when opposing the to a greater degree than ever before in to be used in the trade or business of the McCarran Act, "Do not think.that what history for building up the tremendous, taxpayer. But the deduction allowed you do_her .e is not going to be heard all powerful business _and pr_oductive rna- under this bill for the taxable year shall 4902 CONGRESSIONAL RECORD -HOUSE May 13 not be in excess of $50,000, or 50 per­ prove a boon to a great many· of our and its indomitable spirit for the cause cent of the net income for the year. citizens and most enterprising business­ of free institutions and for the cause of The second, H. R. 5062, would allow men and loyal workers. They will re­ holy religion and justice and faith in the corporations an exemption of $25,000 for dound to the greater benefit of the Na­ innate goodness of the people and the income-tax purposes and to limit the tion and to the definite strengthening righteousness of the principle of self-de­ combined normal tax and surtax rate to for war, for defense production or for termination. History is replete with the 38 percent in the case of corporations peacetime civilian and national prosper­ heroic struggles and the monumental having taxable incomes of less than ity of the great American business or­ sacrifices .which the Polish people have $50,000 for the year. ganism-which to so great a degree holds made to protect their right to worship H. R. 5058 would clarify the deduction in its continued sound health, vitality, the God of their choice, to defend their for income-tax purposes of allowances and vigor, the destiny of social justice nation against aggression and to pre­ for salaries or other compensation for for all Americans and sure protection serve their inalienable rights and liber­ personal services, provided such salaries against the machinations and attacks of ties as free men and women. are not unreasonable as measured by communism in war or peace. The tyrant of every generation has those of similar enterprises, this also by ruthlessly mowed them down by the millions, left their land a shambles, and amendment of the Internal Revenue CONFUSION Code. stripped them of their right of self­ H. R. 5059, in general, allows an ex­ Mr. EBERHARTER. Mr. Speaker, I government. He has visited upon them emption of $25,000 corporate income ask unanimous consent to address the in this generation the unspeakable taxes on corporations which has been ex­ House for 2 minutes and to revise and crimes of the Nazi and the Soviet alike. pended by the corporation for capital extend my remarks. He has inflicted upon them every bar­ expenditures. . The SPEAKER. Is there objection to baric punishment, every inhuman indig­ The foregoing measures are designed the request of the gentleman from nity. He has destroyed their lives, he to lighten the tax burden which in a spe­ Pennsylvania? has laid waste to their fields, and cial and discriminatory way are now There was no objection. scourged them with the outrages of the pressing down so hard on small business. Mr. EBERHARTER. Mr. Speaker, concentration camp. But neither Hitler I believe they would promote initiative they are at it again. Maybe I should nor Stalin has ever been able to break and make for greater expansion and thus say they are still at it. There is feud­ their determined spirit, their invincible develop and increase business activity, ing among the members of the team. undying resolve at all costs to live as free prosperity, and employment. . Confusion and contradictions are the men and women and to hold to their firm H. R. 5060 is in a somewhat different order of the day. faith in God and the right of every category in that it seeks to amend the · The budget-to be or not to be-bal­ nation to order its own affairs. And no Armed Services Procurement Act of 1947 anced; that is the question. tyrant, whoever he may be, whether he with respect to the procurement of sup­ Mr. Speaker, the answer is, the excess­ be Molotov or Malenkov or Beria, or all plies from small-business concerns. . profits tax must be extended beyond the the combined Nero-like tyrants of the A frequent criticism is that small busi­ next month, or does the Secretary of world, will ever be able to extinguish the ness is not getting its share of defense the Treasury propose to try to foist upon light of freedom in the hearts and minds procurement. At this point, I would not the people a general sales .tax? of these pious, zealous, God-fearing and presume to place the blame for this situ­ Let us be honest, let us meet the issue. liberty-loving people. They will fight to ation because the laws and requirements Taxes on excess profits only means tak­ the end of time if necessary, against the for c~mpetitive bidding and the special­ ing the cream from the top of the profits tyranny that would destroy their blessed ized needs of the armed services enter made because of the present unsettled heritage. into the picture over and above certain world emergency. Has the passing of Stalin brought new objectionable, hostile, . anti-small-busi- . What has become of the slogan "take hopes to the Polish people and their ness attitudes. Yet I believe that, in the profits out of war"? other companions in misery and oppres­ general, in the understandable zeal for sion throughout the world for early lib· speed, and the unquestionable powerful eration? If we are to judge by current influence of big business in the Govern• POLAND'S CONSTITUTION DAY reactions, that would seem to be the case. ment, that small business across the The SPEAKER. Under special order, In any event, we have abundant evidence board has not been, and is not, receiving the gentleman from Massachusetts [Mr. and conclusive testimony of their un­ its fair proportionate share of that part PHILBIN] is recognized. yielding detemina tion to resist the evil of the national appropriations spent for Mr. PHILBIN. Mr. Speaker, in keep­ of Soviet oppression and exert every pos­ defense procurement. ing with my practice since I first became sible effort to throw off the shackles that The proposal of this bill ·is in · effect a Member of this body, I desire again bind them~ We can be sure of their that in order to. make or keep suppliers today, to pay my heartfelt tribute to the tenacity, of their courage, of their invin­ available for furnishing supplies in the great Polish nation and join in the com­ cible will to repossess their liberty. event of a national emergency, or· in the memoration of the anniversary of Po­ . There has never been any doubt in my interest of industrial mobilization, active land's Constitution Day. mind that an overwhelming majority of research and development, procurement The passing of this year has made no the American people ;tot only deeply officers may, when practicable, notwith­ appreciable change in the status of the sympathize with the tragic plight of standing low bid statutes, distribute not illustrious Polish nation and its noble Poland but are eager to hold out the exceeding 20 percent of the total pro­ people. Oppression and tyranny still ex­ hand of encouragement and assistance curement involved either by acceptance ist in the Polish homeland. Freedom to the end that this afflicted people may of bids or by negotiated purchase or by and democracy, so much beloved and so again enjoy· the blessings of freedom. {:ontract, where the .Price differential is ardently practiced, and so militantly and Their yolk has not been lifted, it is true. less than 15 percent. unselfishly defended by the great·Polish But during the year, very significant As I stated, the adoption of these people throughout the centuries, no events appear to be shaping a new des­ measures should promote a better cli­ longer exist within the boundaries of the tiny. Our own Government, speaking mate, greater equities and better oppor­ country whose beginnings we honor on through our great Commander and tunities for small business, and I hope this occasion. Instead, a cruel, barbar­ Chief, has announced to the world the that in due course they may be adopted ous and ruthless dictatorship, govern­ principle that all oppressed nations are in the interest of our free enterprise ing by force of arms and inhuman per­ entitled in morals and in law to their system, our sman-business men and their secution, holds sway over the destinies liberation from tyranny. I hail this an­ faithful employees who are so vital to of as gallant, as brave, as unselfish1and nouncement as a victory for the forces the American economy. as loyal a people as has ever shed its of right and freedom in the world .and I am of the opinion and ·believe that precious blood for the cause of liberty. am sure that it has revitalized and re­ the facts and the actuarial figures will It is not necessary for me to recount kindled the aspirations of the Polish disclose that in the end, both in the the glories and the achievements of gal­ people, in fact, of all oppressed people, short run and in the long run, these lant Poland because they are legion, his­ for an end to domination and the renew­ measures will not reduce, but rather, will toric and irrefutable. No nation has sac­ al of their status as free citizens of free substantially increase the national tax­ rificed more, has suffered more, has given nations. . I rejoice in common with all able income. If adopted, they will surely more of itself, its strength, its substance true Americans_ that we have so im- 1953 CONGRESSIONAL RECORD - ·HOUSE press1vely declared ourselves on the side the many other oppressed nations from Mr: ROGERS ·or Florida and to include· of justice for the afllicted and oppressed the bondage o:f Soviet oppression. extraneous matter. of the world. Poland will never lose heart, Poland Mr. GARY and to include extraneouS' But let no. one believe that the com- will never be untrue to its birthright• . matter~ plete triumph of democratic ideals. is Poland will never surrender until it sees Mr. SCHENCK and to include a news­ at hand, or: that dreadful and menacing once again the blessed light. of freedom. paper article. world problems will soon. on easily be It is for us, true Americans that we are, Mr. PATTERSON (at t:ne request of Mrr settled. Let US' never mistake the Marx- to stand behind them and to help them· HALLECK) and to include an article. . ist aims to conquer mankind and let us in this fight which· is not only theirs but Mr. CooL&Y and to include a state­ never underestimate the skill of this evil ours, since it symbolizes the firm, heart­ ment made by him before the Ways an request of Mr. and an unyielding purpose to preserve .the Secretary of Ag.riculture. GAVIN), for an indefinite time, on ac­ that heritag'e will be our best gua:n:anty Mr. FORD. count of illness. of security in this troubled world. Let Mr. DEROUNIAN and to include extrane­ us courageously face these issues and ous matter BILLS PRESENTED TO THE force decisions in favor of peace before Mr. BROWNSON and to include an PRESIDENT the hourglass of time runs. against us article from the Indianapolis News of . Mr. LECOMPTE from tlie Committee and permits the Soviet, fully imple­ May 11, 1953. on House Administration, reported that mented with our most modern inven­ Mr. WoLVERTON in three instances and that committee did on May 12, 1953, pre­ tions, fully harnessed for bloody war­ to include extraneous matter. sent to the President, for his approvaL., fare, to .seize the initiative and catch us Mr. AsPINALL in three instances_ and to bills of ~he House of the following titles. unawares. I urge upon the executive include extraneous rna terial. H. R. 731. An act for the relief of James. department earnest consideration of Mr. ENGLE in three instances. Renwick Moffett; and these views because I am firmly of the Mr. DoLLINGER in two instances and H rR. 4465. An act to amend the Export• belief that peace can never be achieved to include extraneous material. Import B'ank Act of ~945, a.s amended. through weakness, but it must be se­ Mr. VANZANDT in two instances and to. cured through strength, courage, and include extraneous materiaL ADJOURNMENT resolution to face up boldly to the Mr. Bow and to include extraneous dangers and the risks of this most cru­ material. Mr. HALLECK. Mr. Speak.e:r, I move cial hour in the· affairs of free people. Mr. HAGEN of Minnesota in three in­ that the House do now adjourn. And so, Mr. SpeakeJ.!', in saluting our . stances and to include extraneous ma­ The motien was agreed to; accordingly Polish friends today, in sending them a terial. (at 3 o'clock and 40 minutes p . m.), un­ der its previous· order, the House ad­ message of encouragement, hope, and in­ Mr. RADWAN. spiration across the broad .Atlantic which journed until tomorrow, Thursday,_May will fire them with the courage and the Mr. VANZANDT and include extraneous 14, 1953, at 10 o'clock a. m, determination to continue the fight for matte~. · their great cause, I hope and pray that Mr. GAMBLE in two Instances and to include an editorfal. EXECUTIVE COMMUNICATIONS·, . our Government may be disposed to take ETC. strong, uncompromising affirmative ac­ Mr. MoRANO and to include extrane­ tion to continue to recognize the Polish ous matter. Under clause 2 of rule XXIV, executive Government in exile and to qo every­ Mr. SHEEKAN and to include extrane­ communications were taken from the thing which it can to cooperate with the -ous matter. Speaker's table and referred as follows: efforts of that Government and other MT. DELANEY and to include ex-traneous 691. A communication from the- President free governments to liberate Poland and _matter. of the United States, transmitting proposed 4904 CONGRESSIONAL RECORD - HOUS:E May 13 supplemental appropriations for the District personnel of the Army, Navy, Air Force, Ma­ render judgment upon a certain claim of of Columbia for the fiscal year 1954 in the rine Corps, and Coast Guard as postal clerks the Board of County Commissioners of Sedg­ amount of $1,184,000 (H. Doc. No. 145 )_; to and assistant postal clerks and for other wick County, Kans.; to the Committee on the Committee on Appropriations and or­ purposes; without amendment (Rept. No. the· Judiciary. dered to be printed. 420). Referred to the Committee of the By Mr. CORBETT:. 692. A letter from the Chairman, Federal Whole House on the State of the Union. H. J: Res. 256. Joint resolution permittil:ig Communications Commission, recommend­ Mr. ALLEN of Illinois: Committee on articles imported from foreign countries for ing the enactme~t Of legislation amending Rules. House Resolution 235. Resolution the purpose of exhibition at tlie First In­ the Communications Act of 1934, as amend­ ·for the consideration of H. R. 5174, a bill ternational Instrument Congress and Exposi­ ed, "to provide a small civil penalty for vio­ making appropriations for the Treasury and tion, Philadelphia, Pa., to be a·dmitted with­ lation of the rules and regulations of the Post Office Departments for the fiscal year out payment of tariff, and for other purposes; Commission applicable to all radio stations ending June 30, 1954, and for other purposes; to the Committee on Ways and Means. other than those in the broadcast services, without amendment (Rept. No. 421). Re- H. J. Res. 257. Joint resolution authorizing and to further provide for collection or miti­ ferred to the House Calendar. · the President to invite the States of the gation thereof by the Commission"; to the Union and foreign countries to participate in Committee on Interstate and Foreign Com­ PUBLIC BILLS AND RESOLUTIONS the First International Instrument Congress merce. and Exposition to be held in Philadelphia, 693. A letter from the Secretary of the Under clause 4 of rule XXII, public Pa., from September 13 to September 25, Army, transmitting a letter from the Chi«:Jf bills and resolutions were introduced. and 1954; to the Committee on Foreign Affa1rs. of Engineers, United States Army, dated severally referred ·as follows: By Mr. LANE: . H. J. Res. 258. Joint resolution requesting January 23, 1953,.submitting a report, to­ By Mr. REED of New York: gether with accompanying papers, on a re­ the President to issue a proclamation desig­ H. R. 5173. A bill to provide that the excess nating a day of national prayer of reparation view of reports on the Tennessee River and of collections from the Federal unemploy­ tributaries, North Carolina, Tennessee, Ala­ for world peace; to -the Committee on the ment tax over unemployment compensation Judiciary. bama, and Kentucky, wfth a view to deter­ administrative expenses shall be used to es­ mining the feasibility of providing fiood pro­ By Mrs. KELLY of New York: tablish and maintain a $200 million reserve Res. 234. Resolution providing for the tection along Big Brush Creek and its tribu­ in the Federal unemployment account which t:· taries, Tennessee, requested by a resolution umty of Ireland; to the Committee on For­ will be available for advances to the States, eign Affairs. of the Committee on Public Works, House to provide that the remainder of such excess of Representatives, adopted on September shall be returned to the States, and for other 29, 1949; to the Committee on Public Works. purposes; to the Committee on Ways and MEMORIALS 694. A letter from the Secretary of the Means. Army, transmitting a letter from the Chief By Mr. CANFIELD: Under clause 3 of rule XXII, memo­ of Engineers, United States Army, dated H. R. 5174. ·A bill making appropriations rials were presented and referred as January 23, 1953, submitting a report, to­ for the Treasury and Post Office Departments follows: gether with accompanying papers, on a re­ for the fiscal year ending June 30, 1954, and view of reports on Edmonds Harbor, Wash'., By the SPEAKER: Memorial of the Legis­ for other purposes; to the Committee on lature of the State of Oklah9ma, memorial­ with a view to determining .if improvement Appropriations. in the interest of navigation is advisable at izing the President and the Congress of the By Mr. BUCKLEY: United States ·to refrain from reducing ap­ this time, requested by a resolution of the H. R. 5175. A bill to increase the salaries Committee on Public Works, House of Rep­ propriations fC?r the FFA and FHA programs; of judges of the United States; to the Com­ to the Committee on Appropriations. resentatives, adopted on February 1, 1946; to mittee on the Judiciary. · the Cemmittee on Public Works. By Mr. CURTIS of Missouri: H. R. 5176. A bill to amend section 812 of the Internal Revenue Code so as to exempt PRIVATE BILLS AND RESOLUTIONS REPORTS OF COMMITI'EES ON PUB­ certain death benefits from Federal estate Under clause 1 of rule XXII, private LIC Bn.LS AND .RESOLUTIONS tax; to the Committee on Ways and Means. bills and resolutions were introduced and By Mrs. KELLY of New York: Under clause 2 of rule xm, reports of H. R. 5177. A biil to provide a method of severally referred as follows: committees were delivered to the Clerk voting and to facilitate voting by members By Mr. COUDERT: for printing and reference to the proper of the land, air, and naval forces, members H. R. 5184. A bill for the relief of the Rag­ calendar, as follows: · of the merchant marine, and others absent heb family; to the Committee on the Judi­ Mr. CANFIELD: Committee on Appropria­ from the place of their residence, and for ciary. tions. H. R. 5174. A bill making appropria­ other purposes; to the Committee on House By Mr. DAVIS of Tennessee: tions for the Treasury and Post Office De­ Administration. H. R. 5185. A bill .for the relief of Klyce partments for the fiscal year ending June 30, H. R. 5178. A bill to authorize the Post­ Motors, Inc.; to the Committee on the Judi- 1954, and for other purposes; without amend­ master General to provide for the use in first ciary. · ment (Rept. No. 416). Referr.ed to the Com­ and second-class post offices of a special By Mr. DELANEY: mittee of the Whole House on the State of canceling stamp or postmarking die bearing H. R. 5186. A bill for the relief of Anastas­ the Union. the woras "In God We Trust"; to the Com­ sios C. Nicolachis and Helen Nicolachis; to Mr. HINSHAW: Committee on Interstate mittee on Post Office -and Civil Service. the Committee on the Judiciary. and Foreign Commerce. H. R. 4557. A bill By Mr. KERSTEN of Wisconsin: By Mr. DOLLINGER: to amend section 319 of the Communications H. R. 5179. A bill to provide that a loss H. R. 5187. A bill for the relief of Shlomo Act of 1934, with respect to permits for con­ upon the sale of a taxpayer's residence shall Meyersdorf; to the Committee on the Ju; struction of radio stations; without amend­ be taken into account for income tax pur­ dietary. ment (Rept. No. 417). Referred to the Com­ poses in the same manner as a loss from the By Mr. FOGARTY: mittee of the Whole House on the ·state of sale of any other capital asset; to the Com: H. R. 5188. A bill for the relief of Purita the Union. mittee on Ways and Means. Rodriguez Adiarte, Irene Grace Adiarte, and Mr. O'HARA of Minnesota: Committee on By Mr. MASON: Patrick Robert Adiarte; to the Committee on Inte.rstate and Foreign Commerce. H. R. H. R. 5180. A bill to amend sectio:o-, 22 (b) the Judiciary. / 4558. A bill to amend section 309 (c) of the of the Internal Revenue Code so as to pro­ · By Mr. HELLER (by request): Communications Act of 1934, with respect vide that $125 per month of retirement in­ H. R. 5189. A bill for the relief of John to the time within which the Federal Com­ come shall be nontaxable; to the Committee Candela; to the Committee on the Judiciary. munications Commission must act on pro­ on Ways and Means. H. R. 5190. A bill for the relief of Simon tests filed thereunder; without amendment By Mr. MILLER of Nebraska (by re­ Kahn and Eugene Kahn; to the Committee (Rept. No. 418). Referred to the Committee quest): on the Juqiciary. · of the Whole House on the State of the H. R. 5181. A bill to revise the Organic Act H . R. 5191. A bill for the relief of Louis Union. of the Virgin Islands of the United States; Anthony Barrera; to the Committee on the Mr. DOLLIVER: Committee on Interstate to the Committee on Interior and Insular Judiciary. and Foreign Commerce. H. R. 4559. A bill Affairs. to amend section 501 of the Communications By Mr. HILLELSON: By Mr. JAVITS: Act of 1934, so that any offense punishable H. R. 5182. A bill to authorize an emer­ H. R. 5192. A bill for the relief of Karl thereunder, except a second or subsequent gency appropriation for the construction of Schlochauer; to the Committee on the offense, shall constitute a misdemeanor a post office and building for Federal use in Judiciary. rather than a felony; without amendment Independence, .Mo., on a site which has been· H. R. 5193. A bill for the relief of Dr. Jalal (Rept. No. 419). Referred to the House Cal­ acquired by the United States for that pur­ Elahi and Batool Elahi; ·to the Committee endar. pose; to the Committee on Public Works. on the Judiciary. Mr. JOHNSON: Committee on Armed Serv­ By Mr. REEs of Kansas: H. R. 5194. A bill for the relief of Pauline ices. H. R. 2327. A biil to authorize the H. R. 5183. A bill to confer jurisdiction on Katzman;' to the Committee on the Judi­ Post Office Department to designate enlisted the Court of Claims to hear, determine, and__ ciary. , 1953 CONGRESSIONAL RECORD-· SENATE 4905 By Mr. KEATING: adoption of the Polish Constitution refuting ills of this time may disappear and a H. R. 5195. A bill for the relief of Max the diplomatic blunders at Teheran, Yalta, glad day of brotherhood and peace may Kassner; to the Committee on the Judiciary. and Potsdam and appealing to Congress to By Mr. KE'RSTEN of Wisconsin: take same determined stand in matters pe;r­ dawn. Amen. H. R. 5196. A bill for the relief of Serban taining to Polish cause as did President George Constandaky; to the Committee on Eisenhower in his address to the American THE JOURNAL the Judiciary. . Society of Newspaper Editors in April of H. R. 5197. A bill for the relief of Iskar 1953, etc:;.; to the Committee on Foreign On request of Mr. TAFT, and by unani· Spas Schumanov; to the Committee on the Affairs. mous consent, the reading of the Journal Judiciary. 253. Also, resolution adopted at a mass of the proceedings of Wednesday, May H . R. 5198. A bill for the relief of Zanis meeting of Polish-American citizens held at 13, 1953, was dispensed with. Niels and Lilija Niels; to the Committee on American Legion Post 1041, in the city of the Judiciary. Buffalo, N. Y., on Sunday, May 3, 1953, to H. R. 5199. A bill for the relief of Gunars take immediate action to revoke the Yalta MESSAGE FROM THE PRESIDENT Cukurs; to the Committee on the Judiciary. agreement and refer the case of Poland to . By Mr. KLE'IN: the Assembly of the United Nations and to A message in writing from the Presi­ H. R. 5200. A bill for the relief of Abraham commend and praise President Dwight D. dent of the United States submitting a Dembitzer; to the Committee on the Judi­ Eisenhower for the just stand he took in his nomination was communicated to the ciary. speech before the American Society of News­ Senate by Mr. Miller, one of his sec· H. R. 5201. A bill for the relief of Leizor paper Editors April16, 1953, etc.; to the Com­ retaries. and Aron Feldstein; to the Committee on the mittee on Foreign Affairs. Judiciary. 254. By the SPEAKER: Petition of Vet­ H. R. 5202. A bill for the relief of Pavol erans of Foreign Wars Auxiliary, Waldwick, MESSAGE FROM THE HOUSE Jozef Olas; to the Committee on the Judici­ N. J., requesting the appropr~ation of sufil­ A message from the House of Repre· ary. cient funds for the Veterans' Administration sentatives, by' Mr. Chaffee, one of its By Mr. LAIRD: to reopen all hospital beds, closed during reading clerks, announced that the H. R. 5203. A bill providing that the title fiscal 1953, and to keep them open and in House had passed, without amendment, to certain lands within the Stockbridge­ operation during fiscal 1954; to the Commit­ . the joint resolution