2002 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 SENATE State the equal protection of the laws, and to punish the crime of lynching. WEDNESDAY, FEBRUARY 16, l938 The VICE PRESIDENT. A cloture motion on the pending (Legislative day of Wednesday, January 5, 1938) bill having been filed, which motion is to be voted on, under the rule, at 1 o'clock today, by virtue of an order of the Senate The Senate met at 12 o'clock meridian on the expiration agreed to yesterday, the time from now until 1 o'clock will of the recess. be controlled one-half by the Senator from New York [Mr. THE JOURNAL WAGNER] and one-half by the Senator from Texas [Mr. CoN­ On request of Mr. BARKLEY, and by unanimous consent, NALLY]. the reading of the Journal of the proceedings of the calen­ Mr. WAGNER. Mr. President, I propose, in opening, to dar day Tuesday, February 15, 1938, was dispensed with, and make a very brief statement and then to yield the remainder the Journal was approved. of the time allotted to the proponents of the pending bill to MESSAGE FROM THE HOUSE the senior Senator from Kentucky· [Mr. BARKLEY] to conclude A message from the House of Representatives, by Mr. the debate. Calloway, one of its reading clerks, announced that the I need hardly remind the Senate that we are still in the House had passed without amendment the following bills of legislative day of January 5, 1938. For almost the entire the Senate: period of the present session, covering about 6 calendar S. 628. An act to provide for the construction and equip­ weeks, the antilynching bill has been the unfinished busi­ ment of a building for the experiment station of the Bureau ness of the Senate. Almost 3 weeks ago, a motion to limit of Mines at Salt Lake City, Utah; and debate failed of approval. Today, after 3 more weeks of S. 2383. An act to amend the act authorizing the Attor­ discussion, we are far from a vote on the bill or on any ney General to compromise suits on certain contracts of amendment thereto. Yet, not by the farthest stretch of the insurance. imagination can it be said that this measure has not been The message also announced that the House had passed exhaustively discussed from every conceivable standpoint. the following bills, in which it requested the concurrence of The situation before the Senate is very plain. We are in the Senate: the midst of an acknowledged filibuster. When, as here, a H. R. 9361. An act to maintain unimpaired the capital comparatively small group of Senators are determined that of the Commodity Credit Corporation at $100,000,000, and a question shall not be brought to a vote and are willing to for other purposes; and exercise all their rights under the Senate's rules, as they have H. R. 9379. An act to authorize the Secretary of the· been doing in this instance, it is very difficult to obtain a Treasury to cancel obligations of the Reconstruction Finance vote within the Senate rules short of invoking cloture. That Corporation incUrred in supplying funds for relief at the was apparent 3 weeks ago; today, any shadow of doubt on authorization or direction of Congress, and for other pur­ that score has been removed. poses. Mr. President, this bill is here by unanimous consent, CALL OF THE ROLL given toward the close of the last session. All during these Mr. LEWIS. I suggest the absence of a quorum and ask weeks of filibustering, the proponents of the measure have for a roll call. been willing at any time to submit any question to a vote, The VICE PRESIDENT. The clerk will call the roll. whether upon an amendment or upon final passage of the The Chief Clerk called the roll, and the following Senators bill. That vote we are entitled to have and, Mr. President, answered to their names: we are determined to secure it. Adams Ccpeland Johnson, Calif. Pepper It is a curious argument indeed that this filibuster is justi­ Andrews Davis Johnson, Colo. Pope Ashurst Dieterich King Radcliffe fied on the ground that unlimited debate is essential to Austin Donahey La Follette Reynolds democracy. If the demonstration of unlimited debate which Bailey Duffy Lee Russell we have experienced here is any illustration, then democracy Bankhead Ellender Lewis Schwartz Barkley Frazier Lodge Schwellenbach is indeed imperiled. The cause of democracy is subverted, Berry George Logan Sheppard not advanced, by this demonstration of its utter inability to Bilbo Gerry Lonergan Shipstead function. Bone Gibson McAdoo Smith Borah Gillette McGill Thomas, Okla. The Constitution of the United States is the supreme law Bridges Glass McKellar Thomas, Utah of the land. It was adopted, among other reasons, in order Brown, Mich. Green McNary Townsend Bulkley Guffey Maloney Truman to establish justice, promote the general welfare, and secure Bulow Hale Miller Tydings the blessings of liberty for our people. The free and appro­ Burke Harrison Milton Vandenberg Byrd Hatch Minton VanNuys priate enjoyment of the various fundamental civil rights Byrnes Hayden Murray Wagner embodied in the amendments to the Constitution are the Capper Herring Neely Walsh very basis of any democratic form of government, local or Caraway Hill Norris Wheeler Chavez Hitchcock Nye otherwise. Foremost among these fundamental guaranties Clark Holt O'Mahoney is that all persons be accorded the equal protection Connally Hughes Overton of the laws and due process of law. It is the high purpose Mr. LEWIS. I announce that the · Senator from Oregon of this bill to make a reality of these fundamental guaran­ [Mr. REAMES] is detained from the Senate because of illness. ties in a situati-on where notoriously they have been naught The Senator from New Hampshire [Mr. BROWN] is absent but shameful mockeries. We seek to insure that every on important public business. man, however humble and whatever his race or creed, The junior Senator from Nevada [Mr. McCARRANJ and the shall be given a fair trial by his peers when accused of senior Senator from Nevada [Mr. PITTMAN] are detained on crime. official business in their State. As I have repeatedly said, this bill need never be invoked The Senator from New Jersey [Mr. SMATHERS] is necessarily if the States do their duty under the Federal Constitution. detained. It applies only where the omcers or subdivisions of the States The Senator from Minnesota [Mr. LUNDEEN] is detained on have failed in that duty. business pertaining to his State in one of the Government de­ Every Senator has expressed his horror of lynching. The partments. overwhelming majority of Senators favor this legislation. I The VICE PRESIDENT. Eighty-nine Senators have an­ plead with each and every one of them to vote for cloture, swered to their names. A quorum is present. so that the debate may be brought to a prompt conclusion. PREVENTION OF AND PUNISHMENT FOR LYNCHING In the present circumstances, a vote against cloture is bound The Senate resumed the consideration of the bill (H. R. to be regarded as a vote against the bill, whatever the 1507) to assure to persons within the jurisdiction of every reservations or protestations of Senators may be. 1938 CONGRESSIONAL RECORD-SENATE 2003 I plead also with those who are opposed to the measure That is what Mr. Krock says. Hejs not a southerner. He not to let their opposition take the form of frustrating the is not a partisan. He is not standing here representing the people's constitutional right to declare their will on this forces of darkness and of sectionalism. That is Mr. Krock's important public question through their elected representa­ reply. A constituent of the Senator from New York makes tives. reply to his Senator here on the floor. There can be no question that the fullest possible con­ Mr. President, I quote from another great publicist and sideration has been given to this bill. I plead with all columnist, Mr. Walter Lippmann, of New York. What does Senators: Whatever your views on the merits of the bill may he say about the bill? I hold in my hand an article by Mr. be, let us have an opportunity to vote. Only in that way Lippmann, published on February 1. What does Mr. Lipp­ will we vindicate the essential principle of representative mann say in the article? He says that this so-called fili­ government. buster is not only a popular filibuster throughout the coun­ The VICE PRESIDENT. The Chair understands the Sen­ try, but that it is a justified filibuster. Is Mr. Lippmann a ator from New York to yield the balance of his time to the narrow southerner? Is he actuated by prejudice and ani­ Senator from Kentucky [Mr. BARKLEY]. mosity? Mr. WAGNER. I do. Mr. President, these articles show that the debate on this Mr. CONNALLY. Mr. President-- bill has not been futile, but has resulted in arousing the The VICE PRESIDENT. The Senator from Texas. people of America to a consciousness that this bill is a mere Mr. CONNALLY. How much time have I available? piece of hypocrisy, and is a mere snare set to catch the The VICE PRESIDENT. The Senator from Texas has 26 unsuspecting colored votes, at the expense of oppressing the minutes. States and ousting their jurisdiction in a field which under Mr. CONNALLY. I thank the Chair. the Constitution has been theirs, and theirs alone, since Mr. President, the question upon which the Senate is to the Constitution itself was adopted, and since the fourteenth vote today is not the passage of the bill as such, but is the amendment was adopted. motion for cloture. I want Senators thoroughly to under­ Mr. President, what does the rest of the press of the coun­ stand that question. The Senator from New York [Mr. WAG­ try say? I am not quoting southern newspapers. Here in NER J again makes a speech in behalf of the bill and seeks your own city, what is the editorial opinion of the local news­ to intimidate Senators by saying that a vote against cloture papers? The Washington Post has had several editorials will be regarded as a vote against the bill. If any Senator against this bill, and in vindication and justification of its is frightened or intimidated by language of that kind from debate, the so-called filibuster. I have some of those edi­ the Senator from New York, he has not the moral fortitude torials here. Can the Washington Post be considered a which the Senator from Texas thinks all Senators in this narrow, partisan, southern journal? Chamber possess. I hold in my hand an editorial from the Washington Mr. President, the Senator from New York talks about a Times, another newspaper published in the city of Washing­ filibuster. He may term this debate a filibuster if he de­ ton. I cannot read it all. In part, it says: sires. Other Senators have spoken of the debate on the bill Senator BoRAH, of Idaho, the Senate's expert on the Constitu­ as being a futile debate. I submit to Senators and to the tion, feels that the bill is unconstitutional, and if enacted cannot country that the debate on this measure has not been a get by the Supreme Court. futile debate. The Washington Times says: When the debate began, about a month ago, the country We believe that Senator BoRAH is right in this estimate. generally was unaware of what the bill proposed. Cloaked Senators need not stick their heads in the sand and imag- as it was by the pretense of being against lynching, many ine they are ostriches. The people of the country do not citizens who, like those of us who are opposing the bill, are want this bill. The people of the country are in favor of against lynching, supposed that probably they were for the having this bill debated and discussed upon this floor in bill; but the debate has enlightened the people of the United order that they may know its implications, and that they States. I tell Senators now, do not deceive yourselves. The may understand what is back of it. They want the mask enlightened, thinking public opinion of America is not for torn off. They want this hooded bill, with its mask and its this bill, and the reason why the public opinion of America gown, to be exposed to the public view. That is what we is not for this bill is because of the debate on the measure have been doing. That is the Senate's function-to hammer which has been carried in the press. out here on the anvils of public discussion, these great con­ The Senator from New York [Mr. WAGNER] assumes to stitutional issues and great constitutional questions, and who speak for New York. As against the Senator from New York, is there here to say that this matter is not an important I desire to quote that outstanding publicist and editorial constitutional issue? writer and newspaperman, Mr. Arthur Krock, of the New If under the cloak of the fourteenth amendment the Fed­ York Times, with regard to the so-called filibuster. In a eral Government can go into a State and say, "We will regu­ notable article, published in the New York Times on the late your courts as to murder cases," why may it not go 28th day of January, Mr. Krock discusses this bill and the into the States and regulate the theft cases, and the bur­ debate on it. His conclusion is that the country does not glary cases, and the civil courts themselves, under the pre­ want the bill, that the Senate does not want the bill, and text that someone has been denied the equal protection of that this so-called filibuster is entirely justified from the the laws? If one's house is burglarized and his neighbor's public viewpoint of the freedom of discussion here and the house is not burglarized, why cannot these gentlemen with undesirability of the majority, swept on by passion and preju­ equal effect come to the next Congress and say, "The State dice, cramming down the throats of a large section of Amer­ of Alabama, or the State of New York, denied equal pro­ ica a bill which is not only distasteful to them but is tection of the laws to one of its citizens because it allowed unconstitutional. his house to be burglarized when his neighbor's house was That is Mr. Krock's position. He is of the opinion that the not burglarized, and therefore we will pass a Federal law bill is neither desirable nor constitutional. regulating burglary, and providing how a State shall prose­ I have not time to read the entire article, but it is available cute and handle burglary cases"? for Senators. Let me quote a few words from it. The proponents of the bill call the debate futile. Sena­ Among those pledged to vote for it, if it ever is put on passage, tors know it has not been futile. Though many Senators are many who thoroughly agree with Senator BoRAH's constitu­ have not been present on the floor during a portion of the tional exceptions. time while the bill has been under consideration, they know Omitting some of the article, because it is too long to it has been an enlightening and an able discussion of the read in full, Mr. Krock says: fundamental questions involved. In such circumstances a filibuster takes on respectability and It is said debate is taking up a lot of time. I ask the Sen­ popularity. ator from Kansas, how long did the consideration of the 2004 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 farm bill take in the extraordinary session? It was discussed Mr. President, we are going to discuss the bill and expose over a month, or about a month, was it not? The Senator all of its stark and amazing and shocking lineaments before from Kansas nods his head indicating assent. I ask the the people of the United States. Senator from Alabama whether that is not correct. What do we find about the public opinion of America? I Mr. BANKHEAD. That is correct. challenge Senators to take a canvass of the press of America. Mr. CONNALLY. The farm bill was debated here for I say to Senators who have been busy With other matters, over a month, but no one raised the cry of filibuster. They do not delude yourselves, do not deceive yourselves; the press were discussing the provisions of that measure, and before of America is against this bill, and the press of America is us is a measure which is vastly more fundamental, a meas­ not impatient; it is not critical of the debate which has been ure which is beyond question of wider constitutional im­ proceeding here, but the press of America has applauded plication, a measure which strikes at the very foundation this debate, and when that is said it might just as well be of constitutional government, a measure which strikes at the said that the public opinion of America is against the bill. dual system upon which this Government is founded. Yet, In the course of my mail since this matter was taken up because Senators dare to stand upon this floor and expose I have received literally hundreds of letters, not from the its stark, and bony, and skinny framework, we are de­ South, although, of course, I receive letters from the South, nounced as carrying on a filibuster. but from the North. I have received letters from Connecti­ Mr. President, there is talk about letting the Senate trans­ cut, from Maine, from Massachusetts, and some from New act business. The Senate can transact business whenever it York and some from Pennsylvania, from Illinois, and from gets ready to transact business. The Senate may lay aside other Northern States. Many of them read this way: the pending bill and take up other measures whenever it "I am a northern man, born and raised in the North, but desires to do so. But it was never intended that legislation I do not sympathize With the effort of a few Senators to should be rammed through the Senate without public dis­ cram down the hearts of the southern people this insulting and this outrageous piece of legislation on the pretext that cussion and without public debate. they are going to stop lynching.'' What is the Senate for? Is the Senate a mere registra­ I have received literally hundreds of letters of that kind. tion office? Is the United States Senate a mere recorder's I would not undertake to embarrass Senators by putting office for recording on the statute books the decrees and the those letters in the RECORD. I am not trying to build any mandates of the Senator from New York and others, or fire under anyone, but I warn Senators now that if they are is the Senate a public forum, a forum in which the repre­ acting upon the assumption that the people of America are sentatives of the States and of the people are to be assembled, anxious to have this bill enacted, they might as well unde­ not merely to put their imprint of approval on measures, ceive themselves, because the people are not for the bill. but to debate them where the country can hear them, and Mr. President, who is there who ought to be afraid of free where we can hear them, and where public opinion may be discussion, · open debate? It is said we have wasted some formed? time. I challenge that statement. We have not wasted any Mr. BANKHEAD. Mr. President, will the Senator yield time. Whenever those who direct the affairs of the Senate for a question? desire, they can proceed to the consideration of any other Mr. CONNALLY. I yield. legislation. That has been the situation for 2 or 3 weeks. Mr. BANKHEAD. How long was the League of Nations The truth of the matter is, they have not had any measures under consideration by the Senate? before the Senate which they really wanted to consider. I Mr. CONNALLY. I thank the Senator for that interroga­ hope that time has now arrived and that the leaders will tion. I was not in the Senate at the time. The Senator take up legislation in which the country is interested and from Massachusetts [Mr. WALsH], who was in the Senate in which we are interested. at that time, advises me that the League of Nations was Mr. President, I stand for the freedom of debate on this discussed before the Senate for 6 months. :floor. I challenge any Senator here to point out when in Mr. President, the Senate was then discussing a mere the history of the Senate any really good bill, of far-reaching alliance with another set of nations, which we could ter­ importance, has ever been defeated by full and free discus­ minate whenever we desired, a mere matter of a treaty, and sion. It may fail for a time; but if it is a bill behind which the discussion lasted 6 months, but when we are discussing, the public opinion of the Uni.ted States is arrayed, ultimatelY not a League of Nations, but the existence of this Nation, it will be passed. I challenge anyone to point out one which if we discuss it 30 days, off and on, giving y;ay to Senators has failed. when they desire to transact other business, if we discuss it Who should be afraid of discussion? No one except one 30 days in order to save the life of this Nation, we are who does not want these matters exposed to public scrutiny filibustering. Call it what you may, there are those here and public att~ntion and public discussion. who propose that this measure, before it comes ·to a vote, Mr. President, how much time have I remaining? shall be laid before the people of the United States in order The VICE PRESIDENT. The Senator has 4 minutes left. that they may know what is behind it and what is in it. Mr. CONNALLY. Mr. President, I hope Senators Will not This is no caucus over on the East Side of New York be cudgeled, will not be browbeaten, will not be threatened. where we have to· follow the dictates of the "boss.'' This will not be intimidated, by the words of the Senator from is no ward meeting, where we have to follow the dictates New York that a vote for full and free discussion on the of the master who sits over in his headquarters in New senate floor will be construed by his little group as a vote York. This is the Senate of the United States, and when against the bill. the time comes for the historian to write about what hap­ Let me ask Senators, Do they want to vote in favor of a pened in the Senate, let it not be said that the Senate of the little group? Does the Senate want to be dominated by a United States, by reason of the undermining of our funda­ little group, or would the Senate rather vote in accordance mental principles and institutions, abdicated its great pre­ with the inteQigent, informed public opinion of all the people rogative of free debate and public discussion, thereby ac­ of America? If Senators will go to the Library of Congress celerating those forces which would destroy constitutional and read the outstanding editorial comments of the news­ government in the United States. papers of America they will find that those newspapers are 0 Mr. President, the· Senator from New York says he with us in this fight. For instance, I recall the Boston Herald is standing behind the Constitution of the United States. among the newspapers which are standing With us in this Yes, he is undertaking to make it appear that he is standing fight. Also the San Francisco Chronicle. Neither of those behind the Constitution of the United States, using it as a two newspapers is a southern paper. I think they are really cloak, using it as a barricade-it is not truly a barricade, Republican newspapers. However, they say that this debate of course, in this instance-but using it as a cloak to mask is justified; that it is popular; and that the measure now his own little, petty political motives. before the Senate ought not to pass. The Chicago ·Tribune, 1938 CONGRESSIONAL RECORD-SENATE 2005 which is not a southern newspaper, is against the. bill. The Without a minority report. this bill was reported by the Judi­ Senator from Georgia [Mr. RussELL] has already collected ciary Committee in June to the Senate of the United States a great array of newspaper opinion and editorials from all and placed on the calendar. over the country. I yield to him to say whether or not I I have heretofore taken the position, and I now take the am stating the facts. position, that any measure of importance passed by the other Mr. RUSSELL. Mr. President, I should like to ask the body by such a vote, promptly reported to the Senate by an Senator from Texas if he does not know that perhaps 60 or outstanding committee of the Senate-not, I assume, by a 75 great daily newspapers scattered throughout the entire unanimous vote in the committee, but certainly no minority United States, without regard to party affiliation, have con­ report was made on it by any member of the committee-is demned this bill and said that the debate on the bill has such a measure as is entitled to the consideration of the rendered a distinct service to the people of the country in en­ Senate. abling them to know what the measure really contained? No one would deny any Senator the opportunity to speak At the proper time I intend to offer all these editorials to be at any reasonable length upon the measure which has been printed in the RECORD. the pending business of the Senate now for 6 weeks, starting Mr. CONNALLY. The editorials referred to are not from its uneven career through the Senate back in the summer southern newspapers only? of last year. Mr. RUSSELL. No; they are editorials taken from news­ It may or may not be unfortunate that this happens to be papers of the West, the North, the East, and the South. an antilynching bill, which arouses antagonisms and preju­ They are taken from newspapers in every section of the dices. It may or may not be true that any other bill of equal country. importance would receive a larger vote on a motion to close Mr. CONNALLY. They are editorials which appeared in debate than will be received by the motion now pending, newspapers in the East and the West, the North and the and which will be voted on within a very few moments. But South. The great outstanding newspapers of America ap­ my belief is that the motion which has been made to close prove the discussion of this bill. They say the bill ought to be debate upon this bill is not an unreasonable. motion; it is not discussed and condemn the provisions of the bill. one that ought to be voted upon according to prejudice or Mr. President, one more statement and then I shall con­ preconceived ideas as to the merits of the bill itself. Any clude. I wish to recall to Senators that wise, far-reaching Senator who is opposed to this measure, no matter how vio­ statement by Voltaire. I quote from the book Voltaire in lently, can justify a vote to bring this measure to a vote at His Letters, by S. G. Tallentyre, one of his friends, who a reasonable time. Whether the bill passes or does not pass wrote: does not at the present moment concern me, for that has nothing to do with the motion now under consideration. When, in 1759, On the Mind was burnt by the public hangman in company with Voltaire's poem On Natural Law, though he had As I said the other day, even if this motion should prevail, soundly hated (and roundly abused) Helvetius' masterpiece, he under the rule every Senator in the United States Senate fought for its right to live, tooth and nail, up hlll and down dale. could speak for 1 hour upon the bill, and if every Senator on the essentially Voltairean principle: "I wholly disapprove of desired to speak for 1 hour, either in opposition or in support what you say-and will defend to the death your right to say it." of the bill, that would mean that 96 hours of debate would Mr. President, if there is any place on earth where the yet remain to the Senate. How many votes such a debate truth ought not to be suppressed, if there is any place on would change or influence I am unable to say. · How many earth where there ought to be public, free debate, it is in the votes the speeches that have already been made have in­ Senate of the United States. Today when in other parts of fluenced or will influence I am unable to say. I doubt very the world constitutiona.I institutions are being overthrown, seriously whether a single speech made on either side has when constitutional processes are being defied, when de­ influenced any Senator's vote. I think nearly every Senator, mocracy is being destroyed all over this revolving ·globe of if not every Senator, knew from the beginning how he in­ ours, shall we here on the floor of the United States Senate tended to vote on the measure, no matter what was said or revert 150 years to the days of the Georges and to the days how long it took to say it. While ·the debate has been of British dominion over America; shall we go back to the· enlightening, while the debate for the most part has been in star chamber, shall we go back to the time when govern­ good faith, we all know that it has not been well attended ment was settled in private behind closed doors, or shall we by the Members of the Senate. The Senate has not been cling tenaciously, yea, cling at the peril of our own safety electrified, though well-nigh electrocuted, by the longevity and our own lives, to the proposition that we here in the of the debate which has proceeded up to now. Senate shall have public debate and free discussion of these When, now and then, in a lucid moment we have laid it matters which affect the very foundations of our Republic? aside to transact other business, and the Senate was well The VICE PRESIDENT. The Senator's time has expired. attended by the Members, as soon as the antilynching bill The Senator from Kentucky [Mr. BARKLEY] is recognized has been taken up again every door has swung wide open, for the remainder of the time allotted to the Senator from because Senators were making an exodus as if a wild beast New York [Mr. WAGNER]. had been turned loose on the :floor of the Senate. And the Mr. BARKLEY. Mr. President, I have no intention to dis­ very desks themselves would have left had they not been cuss the merits or the demerits of the antilynching bill. screwed to the :floor and found it impossible to move. Neither do I expect that anything I may say will influence any [Laughter.] vote on the motion that is now pending, or on the bill itself, if So I do not think that there is anything unreasonable in and when it comes to a vote. But, Mr. President, I am inter­ the request that this debate be brought to a conclusion. ested in the question of senatorial procedure, and the vote I want the REcoRD to show something with reference to that I shall cast and the position which I take on this motion the efforts of the United States Senate and of the American is the same as it would be on any other bill which had been people to bring about the adoption of rules here which would brought here by an important committee under the same cir­ enable the Senate to transact business. One of the reasons cumstances surrounding the advent of this measure into the why the distinguished Senator from Nebraska [Mr. NoRRis] Senate of the United States. introduced and urged and secured the adoption. of the This bill was passed through the House of Representatives amendment abolishing the "lame duck" session of Congress by_approxim.ately two to one last April. It immediately came was the power of a small group of Members of this body to over to the Senate, and was referred to the Committee on the kill legislation at the end of every short session by occupy­ Judiciary. The Judiciary Committee is not an unimportant ing the floor until Congress was compelled to adjourn on committee of the Senate. It is made up of able legislators, the 4th of March, whether it had concluded its business or men of wide and long experience, constitutional lawYers, and not. lawYers who do not necessarily claim to be constitutional The rules of the Senate permitting unlimited debate were lawYers, but may be. regardless of the absence of the claim. so violated and abused over a long period of years that the 2006 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 American people finally demanded that the Senate adopt In 1928 the Republican Party said: rules which would enable it to transact the business of the "W_e renew our recommendation that the Congress enact, at the people. earliest possible date, a Federal antilynching law so that the full infiuence of the Federal Government may be wielded to extermi­ This is a filibuster and has been a filibuster. There is no nate this hideous crime. use in our haggling over words. It has been admitted to be a filibuster. But if one desires to use a word which is more Mr. CONNALLY. Mr. President, will the Senator yield sonorous or euphonious or a word which does not jar the for a question? tender membranes of the ear, he may use any term he de­ Mr. BARKLEY. I have only 5 minutes remaining. sires. But every Senator understands what a filibuster is Mr. CONNALLY. Is there anything in either platform and understands the history of filibusters · in the United that demands cutting off debate and not discussing any States Senate. measure? A filibuster is an admission in advance that upon a vote, Mr. BARKLEY. The Democratic platform declared in where Senators might record their opinions, the measure favor of it, and as a result we adopted a rule to cut off under consideration would receive a majority and would be debate, not unreasonably but reasonably, and are now under­ adopted. No one has ever heard of a filibuster being con­ taking to carry out that rule. ducted by those in favor of a bill. It is usually conducted by The Senator from Oregon in his speech the other day an­ those who oppose measures. I do not criticize them for re­ nounced that he was against the limitation of debate be­ sorting to that method. I am not criticizing any Senator for cause it might handicap the minority. I will say to my exercising any right he may have under the rules; but there friend from Oregon that for the past 5 years he has not had is no use in our denying the fact that when the n1les are enough Members on his side of the Chamber to act as resorted to for the purpose of unreasonable or prolonged pallbearers at their own funeral. [Laughter.] Aild yet delay, such action constitutes a filibuster, whatever else it during the past 5 years the Democratic majority has not may be called. It presupposes inability to defeat the measure sought to embarrass the Senator or his minority in any by a vote of the Senate. Whatever may be said with respect respect. We have had to put many Democrats over on the to the merits of any measure, I have always believed in the Senator's side of the Chamber in order to make it look doctrine that the American people have a right to have their respectable. In spite of the fact that out of 96 Members Will registered by their representatives. only about 17 Republicans-the Senator from Oregon sug­ gests the nwnber is now 15-remain here as a relic of the Our democracy is not a pure democracy. It has never Republican Party, we have not sought to embarrass or been a pure democracy, and could nev~r be a pure democracy handicap the minority in debate on any measure before the because it is impossible for all the American people to gather Senate. at any one place at any time and express their will. Our But the Senator from Oregon, our genial, able, courteous, forefathers in their Wisdom made of this a representative and cooperative minority leader-and I Wish to thank him Republic, where the people send their representatives to for all his efforts at cooperation-has not always felt the both Houses of Congress, with the idea and the supposition same way about cloture rules. ·Eight times heretofore he that they wilL insofar as they can, try to represent the Will has voted for cloture and one time he was paired in favor of the people who send them here if the representatives of cloture. Six times he signed petitions for cloture. know what that will is. Therefore I have always taken the The Senator from Maine [Mr. HALEJ-which State I pre­ position, and I now take the position, that the American swne is still in the Union, as the Senator still occupies a seat people have the right to have their representatives express here [.laughterJ-on eight occasions voted for cloture, and their will in legislative bodies on any question, regardless of on one occasion was paired in favor of cloture. On one its nature. occasion he signed a petition for cloture. The abuse of the rules of the Senate became so notorious It is of no avail for the political party which has twice that in 1916 the Democratic platform, upon which Woodrow declared in favor of antilynching legislation to say that it Wilson was reelected President of the United States, con­ favors antilynching legislation when it is unwilling to vote tained this plank: that that legislation shall ever come to a vote in the Senate We favor such alteration of the rules of procedure of the Senate of the United States. There has not even been an opportu­ of the United States as will permit the prompt transaction of the nity to vote on an amendment to this bill. There has not Nation's legislative business. been an opportunity to vote on a substitute for this bill. If As a result of the platform adopted by the Democratic Party it may be said by any Member of this body that he does not in 1916, rule XXII was incorporated in the rules of the Senate. like the bill as it stands, then certainly an opportunity ought We are now proceeding under rule XXII on the motion to to be given to vote for amendments or substitutes. That close debate. Whether or not it has any influence upon any opportunity has not been given, and will not be given unless Member of the Senate on this side, the declaration of policy there is a limitation of debate. of the Democratic Party more than 20 years ago is responsi­ Mr. McNARY. Mr. President, will the Senator yield? ble for the fact that we now have the rule under which we Mr. BARKLEY. I have only 2 minutes remaining, but I are seeking to bring this debate within a reasonable limita­ will yield for a brief question. tion. Mr. McNARY. I was just going to suggest that the Senator The Senator from Oregon [Mr. McNARY], in his brief dis­ is game enough to blame the failure to pass his bill on the cussion of the cloture motion which was voted on 3 weeks 15 Republicans when he has 80 Democrats-- ago, took the position that he would not vote for cloture. He Mr. BARKLEY. I am not blaming the Republicans for stated that he did not believe in cloture because it might em­ the failure to pass this bill. barrass or handicap the minority, and that the majority, Mr. McNARY. Or to provide for cloture. which happens to be overwhelming-speaking from a politi­ Mr. BARKLEY. I am not blaming the Republicans for cal standpoint-might take advantage of his position or other the failure to provide cloture, but I remind the Senator that positions in order to cram down the throats of the minority on the last vote more than a majority of the Democrats or to impose upon them a limitation of debate that might be voted to close debate, while only one Republican voted to embarrassing to the minority. close debate and bring the bill to a vote. In order that the record may be clear, I wish to read from Mr. McNARY. Does not the able Senator-- Mr. BARKLEY. It is of no avail, in order to express the the platform of the Republican Party in 1924: views of the minority upon the subject, to proclaim love for We urge the Congress to enact at the earliest possible date a this proposed legislation, but to be unwilling that it be brought Federal antilynching law, so that the full influence of the Federal Government may be wielded to exterminate this hideous crime. to a vote, so that Senators may vote for or against it. Mr. McNARY. Does not the Senator believe that if he had Mr. McNARY. Mr. President, Will the Senator yield? a little assistance from the White House the bill could be Mr. BARKLEY. Not just yet. passed easily? 1938 CONGRESSIONAL RECORD-SENATE 2007 Mr. BARKLEY. The Senator from Oregon is trying to play BROWN]. I understand an announcement will be made that a little cheap politics by pretending that the White House were they present they would vote "yea." Were I per­ could control this proposition; and yet, if the White House mitted to vote, I should ·vote "miy." attempted to do so, the Senator from Oregon would be the The roll call was concluded. first Member of the Senate to denounce White House dicta­ Mr. LEWIS. I announce that the Senator from New tion in behalf of a measure that is not a partisan measure. Hampshire !:Mr. BROWN] is absent on important public· Mr. McNARY. If the occupant of the White House evi­ business, and the Senator from New Jersey rMr. SMATHERS] denced that courage, I might follow. is necessarily detained. I am advised that if present the Mr. BARKLEY. The Senator, of course, is noted for his Senators referred to would vote "yea" on this question-. courage. I am surprised that he has to wait until somebody I announce further that the Senators from Nevada [Mr. exhibits a little courage on a matter of this sort before he is PITTMAN and Mr. McCARRANl are detained on official business willing to follow. in the State of Nevada; that the Senator from Minnesota Mr. President, it is politically immaterial to me, so far as [Mr. LUNDEEN] is detained in one of the departments in I am personally concerned, whether this bill passes or not. connection with business pertaining to his State; and that I have no political interest in the outcome of this matter, but the Senator from Oregon [Mr. REAMES] is absent because when we vote in a few moments on this motion for cloture we of illness. might as well understand that unless cloture is adopted there The roll call resulted-yeas 42, nays 46, as follows: will be no vote upon the · pending measure, because the only YEAS---42 way to bring it to a vote in this body under the circumstances Adams Dieterich Lee Schwartz Ashurst Donahey Lewis Schwellenbach is through the limitation of debate. If the motion to limit Barkley Duffy Logan Thomas, Okla. debate shall be defeated, it will be tantamount to the defeat Bone Glllette Lonergan Thomas, Utah of this measure; and every Senator who votes upon it might Brown, Mich. Green McAdoo Townsend Bulkley Guffey McGill Truman as well understand that that is what it amounts to, because, Capper Hatch Maloney VanNuys as I said the other day, unless we can have a limitation of Chavez Hitchcock Minton Wagner Clark Hlighes Murray Walsh debate we cannot bring this matter to a conclusion, and it is Copeland Johnson, Colo. Neely impossible to expect that the Senate will spend the rest of Davis La Follette Pope this session in a futile effort to bring about a vote on a meas­ NAYS--46 ure when the Members of the Senate are unwilling to vote Andrews caraway Hill Pepper that debate be limited. Austin Connally Holt Radcl11fe Bailey Ellender Johnson, Call!. Reynolds The VICE PRESIDENT. The hour of 1 o'clock having Bankhead Frazier King Russell arrived, the time for debate has expired. The Chair lays Berry George Lodge Sheppard Bilbo Gerry McKellar Ship stead before the Senate the motion for cloture, -which will be read. Borah Gibson McNary Smith The legislative clerk read as follows: Bridges Glass M1ller Tydings Bulow Hale Milton Vandenberg We, the undersigned Senators, in accordance with the provisions Burke Harrison Norris Wheeler of rule XXII of the Standing Rules of the Senate, hereby move Byrd Hayden O'Mahoney to bring to a close the debate upon the bill (H. R. 1507) to assure Byrnes Herring Overton to persons within the jurisdiction of every State the equal protec­ tion of the laws and to punish the crime of lyching. NOT VOTING-a ROBERT. F. WAGNER. FRED H. BROWN. Brown, N.H. McCarran Pittman Smathers FREDERICK VAN NUYS. HoMER BoNE. Lundeen Nye Reames White ROBERT J. BULKLEY. M. M. NEELY. The VICE PRESIDENT. On this motion the yeas are 42. : WILLIAM H. DIETERICH. HERBERT E. HITcHCOCK. ROYAL S. COPELAND. L. B. SCHWELLENBACH. the nays 46. Two-thirds not having voted in the a:ffirma- 1 SHERMAN MINTON. JOSEPH F. GUFFEY. tive, the motion is not agreed to. BENNETT C. CLARK. ROBERT M. LA FOLLETTE, Jr. ORDER OF BU~ESS ELBERT D. THOMAS. HARRY S. TRUMAN. GEO. McGILL. JAMES H. HUGHES. Mr. DUFFY and Mr. ELLENDER addressed the Chair. The VICE PRESIDENT. Under the rule, the clerk will The VICE PRESIDENT. The Senator from Wisconsin is recognized. he yield to the Senator from Louisiana? call the roll so as to assure the presence of a quorum. Does Mr. ELLENDER. Mr. President, a parliamentary inquiry. The legislative clerk called the roll, and the following Sen­ The VICE PRESIDENT. The Senator will state it. ators answered to their names: Mr. ELLENDER. Have I the floor? Adams Copeland Johnson, Calif. Pepper Andrews Davis Johnson, Colo. Pope The VICE PRESIDENT. The Senator from Louisiana Ashurst Dieterich King Radcliffe has not the :floor. Austin Donahey La Follette Reynolds Mr. ELLENDER. I obtained it by unanimous consent, Bailey Duffy Lee Russell Bankhead Ellender Lewis Schwartz and the RECORD so shows. Barkley Frazier Lodge Schwellenbach The VICE PRESIDENT. The Chair has not any record Berry George Logan · Sheppard of that fact. . Bilbo Gerry Lonergan Ship stead Bone Gibson McAdoo Smith Mr. BARKLEY. Mr. President, I think that is true. I Borah G1llette McGill Thomas, Okla. made the request. Bridges Glass McKellar Thomas, Utah Brown, Mich. Green McNary Townsend The VICE PRESIDENT. The Chair begs the pardon of Bulkley Guffey Maloney Truman the Senator from Louisiana. Under ordinary parliamentary Bulow Hale Miller Tydings rules, the Senator would not retain the :floor after the vote Burke Harrison Milton Vandenberg Byrd Hatch Minton VanNuys which has just been taken; but the Chair did not know of Byrnes Hayden Murray Wagner the agreement referred to by the Senator from Kentucky. Capper Herring Neely Walsh Caraway Hill Norris Wheeler The Chair recognizes the Senator from Louisiana. Chavez Hitchcock Nye Mr. DUFFY. Mr. President, will the Senator yield to me? Clark Holt O'Mahoney Mr. ELLENDER. I ask unanimous consent that I may be Connally Hughes Overton permitted to yield to Senators to transact routine business. The VICE PRESIDENT. Eighty-nine Senators have an­ and make such motions as they desire to make, without swered to their names. A quorum is present. losing my right to the floor. Is it the sense of the Senate that debate shall be brought The VICE PRESIDENT. Is there objection? The Chair to a close? Those in favor will answer "yea," and those hears none. opposed will answer "nay." The clerk will call the roll. Mr. GLASS and Mr. DUFFY addressed the Chair. The Chief Clerk proceeded to call the roll. The VICE PRESIDENT. Does the Senator from Loui­ Mr. NYE (when his name was called). Upon this question siana yield; and if so, to whom? The Senator from Virginia. I have a pair with the Senator from New Jersey [Mr. [Mr. GLAss] is on his feet. Does he wish to object to the SMATHERS] and the Senator from New Hampshire I:Mr. request of the Senator from Louisiana? 2008 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 Mr. GLASS. No; I wish to prefer a unanimous-consent SEC. 2. The amount of notes, debentures, bonds, or other such obligations which the Reconstruction Finance Corporation is au­ request. thorized and empowered to have outstanding at any one time The VICE PRESIDENT. To whom does the Senator from under the provisions of law referred to in subsections (a) and (b) Louisiana desire to yield? of section 1 of this act is correspondingly reduced by the amount Mr. ELLENDER. I yield to the Senator from Virginia of the notes authorized to be canceled by the Secretary of the Treasury pursuant to section 1 of this act. under that unanimous-consent agreement, Mr. President. SEc. 3. Any sums at any time received by any agency of the RECONSTRUCTION FINANCE CORPORATION United States, including the Reconstruction Finance Corporation. representing repayments or recoveries of funds disbursed out of Mr. GLASS. I ask unanimous consent for the present amounts allocated or made available pursuant to any of the provi­ consideration of House bill 9379. sions of law referred to in section 1 hereof, shall forthwith be The VICE PRESIDENT laid before the Senate the bill covered into the general fund of the Treasury, except that when­ ever, under applicable provisions of law or otherwise, such funds (H. R. 9379) to authorize the Secretary of the Treasury to represent amounts which continue to be available or required to be cancel obligations of the Reconstruction Finance Corporation expended for the purposes for which originally allocated or made incWTed in supplying funds for relief at the authorization available, such funds shall not be covered into the general fund or direction of Congress, and for other purposes, which was of the Treasury until the expiration of the period during which they are so available or required to be expended. read twice by its title. SEC. 4. Section 3 of the Reconstruction Finance Corporation Act, The VICE PRESIDENT. Is there objection to the request approved January 22, 1932, as amended (U.S. C., 1934 editiGn, title of the Senator from Virginia? 15, sec. 601, and the following), is further amended by striking out the first two sentences of such section and inserting in lieu thereof Mr. WAGNER. Mr. President, reserving the right to ob­ the following: "The management of the Corporation shall be vested ject, I inquire whether I am correct in understanding that in a board of directors consisting of five persons appointed by the granting unanimous consent would have no effect upon the President of the United States, by and with the advice and consent pending bill? of the Senate. Of the five members of the board, not more than three shall be members of any one political party and not more The VICE PRESIDENT. It would not have any effect than one shall be appointed from any one Federal Reserve district.'• upon it. It would not even take the Senator from Louisiana [Mr. ELLENDER] oft' the floor when. the matter should have The VICE PRESIDENT. Without objection, the bill will been disposed of. be read a third time and passed, and, without objection, the Mr. WAGNER. Very well. bill S. 3395, of similar purport, will be indefinitely postponed. The VICE PRESIDENT. Is there objection to the request Mr. VANDENBERG subsequently said: Mr. President, will of the Senator from Virginia for the present consideration the Senator from Louisiana Yield to me to present some ma­ of the bill? terial for the RECORD and make a brief statement, if we may There being no objection, the Senate proceeded to con­ have unanimous consent that if the Senator so yields it will sider the bill, which is as follows: not prejudice his holding the floor? Be it enacted, etc., That the Secretary of the Treasury is author­ Mr. ELLENDER.. I ask unanimous consent that I may ized and directed to cancel notes of the Reconstruction Finance Yield without losing the floor. Corporation (which notes are hereby made available to the Secretary The PRESIDING OFFICER (Mr. HERRING in the chair) . Is of the Treasury for the purposes of this section) and all sums due there objection? The Chair hears none. and unpaid upon or in connection with such notes at the time of such cancelation and discharge in a principal amount equal to the Mr. VANDENBERG. In about 3 seconds this afternoon outstanding funds of the Reconstruction Finance Corporation here­ under pressure of the Vice President's gavel, we passed House tofore or hereafter disbursed under or by reason of the provisions bill 9379, and I confess that few of us understood what had set forth in- (a) Section 2 of Reconstruction Finance Corporation Act, ap­ happened until about a half hour afterward. H. R. 9379 proved January 22, 1932 (47 Stat. 5), as amended; act approved happens to be a bill which cancels $2,700,000,000 of interde­ February 4, 1933 (47 Stat. 795); section 1 (a) to (d) and last sen­ partment indebtedness between the Reconstruction Flnance tence of section 201 (e) of Emergency Relief and Construction Act Corporation and the Treasury of the United States. All these of 1932, approved July 21, 1932 (47 Stat. 709); section 1 (e) of Emergency Relief and Construction Act of 1932, approved July 21, items represent sums that were supplied by the Reconstruc­ 1932 ( 47 Stat. 711), and any amendatory or supplementary legisla­ tion Finance Corporation under mandatory order from the tion; section 5 of Farm· Credit Act of 1933, approved June 16, 1933 Congress, and without the exercise of any discretion on the (48 Stat. 258), as amended; section 5 of Agricultural Adjustment Act, approved May 12, 1933 ( 48 Stat. 33), as amended; sections part of the officials of the Reconstruction Finance Corpora- 30 (a), 32, and 37 of Emergency Farm Mortgage Act of 1933, ap­ ~~ . proved May 12, 1933 (48 Stat. 46, 48, and 50), as amended; section 4 I fully understan~ that it was just a so-called bookkeeping of Home Owners' Loan Act of 1933, approved June 13, 1933 ( 48 Stat. 129); Federal Emergency Relief Act of 1933, approved May 12, 1933 transaction, which was validated by this $2,700,000,000 bill (48 Stat. 55); first paragraph of title II of Emergency Appropriation that was passed in 3 seconds, but the fact remains that the Act, fiscal year 1935, approved June 19, 1934 (48 Stat. 1055); section bill represents a dramatic summary that demonstrates the 4 of National Housing Act, approved June 27, 1934 ( 48 Stat. 1247) ; Emergency Relief Appropriation Act of 1935, approved April 8, 1935 extent to which Congress has used the resources of the R. F. C. ( 49 Stat. 115) ; section 3 of Federal Farm Mortgage Corporation Act, to finance relief and subsidy and benefits, and frequently in approved January 31, 1934 (48 Stat. 345); section 33 of Farm Credit situations when it did not care to confess that it was making Act of 1937, approved August 19, 1937 (50 Stat. 717); and a direct draft upon the resources of the taxpayers. (b) First sentence of section 201 (e) of Emergency Relief and Construction Act of 1932, approved Ju!y 21, 1932 ( 47 Stat. 713) ; This system, which we finally washed up in 3 seconds this section 84 of Farm Credit Act of 1933, approved June 16, 1933 (48 afternoon, has resulted in throwing the Treasury books out Stat. 273), as amended; act approved April 10, 1936 (49 Stat. 1191); of realistic balance for several years. It has also made quite act approved February 11, 1937 (50 Stat. 19); impossible a realistic understanding of the Federal expendi­ togethel;" with expenses incurred by Reconstruction Finance Cor­ poration in connection with section 1 of the Emergency Relief and tures for relief and subsidy and benefit payments. Construction Act of 1932, as amended; and together with the The Reconstruction Finance Corporation on its own re­ interest paid to the Treasury thereon in the amount of $33,177,- sponsibility has a superb record. It was created for the 491.82: Provided, That any evidence of indebtedness with respect to funds disbursed by Reconstruction Finance Corporation under purpose of proceeding on a basis under which it should or by reason of the provisions of law referred to in subsection (a) liquidate itself, and if it had been left alone, of course, it hereof be transferred to the Secretary of the Treasury: Provided would have liquidated itself. It has been ably managed, and further, That with respect to funds heretofore or hereafter dis­ bursed by Reconstruction Finance Corporation under or by reason its own internal function bas been superbly handled. of the provisions of law referred to in subsection (b) hereof, notes It is no fault of the R. F. C. that $2,700,000,000 had to be shall be canceled by the Secretary of the Treasury only upon the washed up in this 3-second laundry that the Senate ran transfer and delivery by the Reconstruction Finance Gorporation this afternoon. All that I am undertaking to do in this to the Secretary of the Treasury or to such officer, officers, agency, or agencies as the President shall designate, of all such capital connection, Mr. President, is to emphasize the fact that we stock as the Reconstruction Finance Corporation may hold pur­ did run a $2,700,000,000 laundry in 3 seconds, and to express suant to any provision of law referred to in said subsection (b) : the hope that in the future when Congress wants to make Provided further, That the Secretary of the Treasury and the grants or subsidies or loans, or to capitalize external corpo­ Reconstruction Finance Corporation are authorized and directed to make adjustments on their books and records as may be rations to go into business, or to invade any of the many necessary to carry out the purposes of this act. fantastic fields in which we now reluctantly find ourselves. 1938 CONGRESSIONAL RECORD-SENATE 2009 Congress will be frank enough directly to appropriate the Members of the Congress to members of the Loyalist Gov­ funds and not saddle the R. F. C. with the burden. ernment of Spain, which was referred to the Committee on I am further interrupting the Senator from Louisiana for Foreign Relations. the purpose of requesting that a list of the items which were He also presented a resolution adopted by the grand jury included in the $2,700,000,000 3-minute whitewash this after­ of the December 1937 term of the Supreme Court of Orange noon may be printed in the RECORD. County,· N. Y., favoring the enactment of legislation requir­ The PRESIDING OFFICER. Without objection, it is so ing all aliens to declare their intention of becoming citizens ordered. within 1 year after entry into the United States and to The matter referred to is as follows: complete their citizenship within the time prescribed by law The items covered in this bill, exclusive of $1 ,800,000,000 that under penalty of deportation, which was referred to the represents funds expended for relief and for relief purposes only, Committee on Immig:ration. are as follows: $124,741,000 represents the capital stock of the home-loan He also presented a resolution adopted by the grand jury banks; of the December 1937 term of the Supreme Court of Orange $200,000,000 the capital stock of the Home Owners' Loan Cor­ County, N. Y., favoring the enactment of legislation requir­ porat ion; ing that all vehicles manufactured or operated in the United $2,600,000 is loans made by the Land Bank Commissioner to joint-stock land banks; States after 1940 be so constructed as not to exceed a speed $200,000,000 the capital stock of the Federal Farm Mortgage of over 60 miles per hour, which was referred to the Com­ Corporation; mittee on Manufactures. $40,500,000 represents money advanced to the Farm Credit Ad­ He also presented a resolution adopted by Local Indus­ ministration to create a revolving fund used in part to establish the Production Credit Corporations; trial Union, No. 415 (C. I. 0.), United Photographic Em­ $115,000,000 for crop loans by the Secretary of Agriculture; pioyees, of New York City, N. Y., protesting against the $97,000,000 for capital stock of Commodity Credit Corporation; enactment of House bin 6704, known as the Hill-Sheppard $10,000,000 for capital stock of Disaster Loan Corporation; $7,500,000 for stock of regional agricultural credit corporations; bill, providing, among other matters, the regulation of labor $10,000,000 was advanced to the Federal Housing Administra- in the event of war, which was referred to the Committee tion to create a mutual mortgage-insurance fund; $15,000,000 for on Military Affairs. renovation and modernization loans and insurance by F. H. A.; He also presented a memorial of sundry citizens of Clin­ and $32,600,000 for the expense of establishing and operating the Federal Housing Administration; and ton, N. Y., remonstrating against the enactment of agricul­ $16,000,000 for expenses of operating regional agricultural credit tural relief legislation containing compulsory clauses, pen­ corporations. alties, and fines, which was ordered to lie on the table. PETITIONS AND MEMORIALS He also presented a petition of sundry citizens of Buf­ The VICE PRESIDENT laid before the Senate a letter in falo, N. Y., praying for the adoption of the so-called Mead the nature of a petition from Local Union No. 46, Department amendment to the Post Office Department appropriation of Public Assistance, State, County, and Municipal Workers bill, making an increased appropr~ation for auxiliary mail­ of America, of Philadelphia, Pa., praying for the enactment delivery routes established in various cities, which was or­ of the joint resolution California, to grant to. Thomas J. Mooney a full and complete York City, N. Y., praying for the enactment of legislation pardon, which was referred to the Committee on the Judi­ requiring additional regular appointments in the Postal ciary. Service, which were ordered to lie on the table. He also laid before the Senate petitions of sundry citizens REPORTS OF CO~TTEES of Milwaukee, Wis., praying for the enactment of the bill Mr. NEELY, from the Committee on Interstate Commerce, to extend the Metlakahtla Indians' Cit­ The bill (H. R. 9361) to maintain unimpaired the capital izenship Act; and of the Commodity Credit Corporation at $100,000,000, and for A bill Indiana. Mr. DUFFY and other Senators addressed the Chair. Mr. MINTON. Not at all. I do not want to get into this The VICE PRESIDENT. Does the Senator from Louisi­ debate as to which is the "big cheese." I merely wish to ask ana yield; and if so, to whom? the Senator from Wisconsin when we may expect samples Mr. ELLENDER. I yield to the Senator from Wisconsin from Wisconsin? New York has already provided her [Mr. DuFFY], under the same conditions. samples. Mr. DUFFY. Mr. President, for many years past the great Mr. DUFFY. If the Senator will bear with me for 2 min­ State of Wisconsin has been serenely proud of her status as utes more, he is going to hear me extend an invitation to the leading dairy State of the Union. From time to time those present which might not apply to any who may have we have modestly invited the attention of the country to the left the Chamber. fact that we have produced more cheese than all the other Mr. VANDENBERG. Mr. President, will the Senator yield 47 States put together. I shared in this serenity. From in order that I may ask him a question? time to time I have invited the attention of the Members of Mr. DUFFY. I yield to the Senator from Michigan. this body to the proud place that Wisconsin holds in the Mr. VANDENBERG. Does the Senator know that the bill dairy industry. which the Vice President put through in 3 seconds a moment ago cancels about two and a half billion dollars of R. F. C. Late yesterday afternoon I had served on me a document loans? I will ask him if that does not make the R. F. C. the which has considerably disturbed that serenity. The docu­ "biggest cheese" of all. [Laughter.] ment which I hold in my hand is entitled on the outside: Mr. DUFFY. Mr. President, I wanted to conduct this Wednesday's dessert. Camembert, Brie, and cream cheese produced in the State of discussion on ~ high plane and not descend to any sordid New York. political considerations. Therefore I refuse to answer that Presented to the Members of the Senate by­ question. RoYAL S. CoPELAND. Mr. MINTON. Mr. President, will the Senator yield? ROBERT F. WAGNER. Mr. DUFFY. I yield to the Senator from Indiana. On the inside this appears: Mr. MINTON. Permit me to enter the Republican Party . Gentlemen of the Senate, while . the State of New York is the as the "biggest cheese" of all. [Laughter.] acknowledged leader of the country in many fields--manufactur­ Mr. DUFFY. Mr. President, seriously, for just a few ing, shipping, textiles, styling, and the arts--it is not generally moments-- known that our State also leads the Nation in the production of three fine cheeses. Mr. BORAH. Mr. President-- The State of New York produces more Camembert than all other The PRESIDING OFFICER (Mr. LoDGE in the chair). States combined; we are alone in .the making of Brie cheese in Does the Senator from Wisconsin yield to the Senator from America; and we lead our nearest competitor in the manufacture Idaho? of cream cheese by a good margin. Mr. DUFFY. I do. Mr. SCHWELLENBACH. Mr. President, will the Senator Mr. BORAH. We on this side are unable to hear what yield? is being said. We understand that something in the nature Mr. DUFFY. I yield to the Senator from Washington. of an invitation is being extended, and we should like to Mr. SCHWELLENBACH. I inquire of the Senator from know what it is. Wisconsin if he would feel aggrieved if any of us who now Mr. DUFFY. Mr. President, I wish to say that 2 weeks wish to do so should go down to the lunchroom and accept from today, in the Senate restaurant, there will be a very this invitation from the Senators from New York, while fine assortment of American-type cheese, brick cheese, do­ he is arguing the question as to which State produces the mestic Swiss cheese, and even including Limburger cheese, most cheese. which will be served to the Members of the Senate, all of Mr. DUFFY. I will say to the Senator that if he will this cheese being produced in that State of the Union which wait for a couple of minutes, he will receive another in­ is, New York's claim to the contrary notwithstanding, the vitation which might be withdrawn in case he were not leading dairy and the leading cheese-producing State in personally present; so I suggest that he remain. In fact, the Union. the Senator from Washington is one of the four Senators Mr. BARKLEY. Mr. President, does the Senator include who called me up this morning wanting to know if on Limburger cheese? various occasions I had deceived the Senate in modestly Mr. DUFFY. We shall have some Limburger cheese. claiming that Wisconsin was the State which led the Na­ Mr. BARKLEY. Does not the Senator know that without tion in the production of cheese, and intimating that the consent of the other House the Senate cannot adjourn perhaps the invitation of the Senators from New York was for more than 3 days at a time? [Laughter.] couched in such language that our colleagues might be · Mr. DUFFY. I will say to my friend from Kentucky that under a misapprehension. So, while I desire to compli­ this cheese is going to be served in the room where our ment the two Senators from New York, and admit en­ Republican friends gather. [Laughter.] couragingly and unreservedly that New York is also a good · I take this occasion to explain the facts to my colleagues dairy State, and I do not want to take anything away from of the Senate, so that New York may not get any undue any of their claims, yet I do desire to call the attention of credit. I suppose the Senator from New York-and I see this body briefly to just two or three facts. him ready to bound to his feet--will claim that these types, 2012 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 of which there is a small production, are of very :fine quality; Point, and in other places in Wisconsin, there are many but I desire to point out that the American. brick, and Swiss Polish dairy farmers. Through the State one can note the types are the cheeses on which those engaged in the dairy preponderance of Germanic and Scandinavian elements. industry in my section of the country largely rely to make Their names on their large dairy barns proudly display their their living. We in Vlisconsin are very happy that our family origin. All of them brought with them a knowledge proud place as the leading dairy State still continues in of their craft and the ability to excel in making a particular spite of the aspirations and some small progress that has type of cheese; so that in Wisconsin will be found most of the been made by New York and other States. types of Old World cheeses faithfully reproduced. In a Mr·. COPELAND and Mr. McADOO addreSsed the Chair. small town near my home city is a cheese factory which is The VICE PRESIDENT. Does the Senator from Louisiana widely known for a particular brand of Italian cheese. yield; and if so, to whom? Wisconsin's dairy products command a high place in the Mr. ELLENDER. Mr. President, I have already yielded, Nation's markets, both because of quality and purity. The by unanimous consent, to Senators who desire to transact quality is due to generations of farmers who have carried out routine business, and so forth, without losing the floor, as the a family and a national tradition. Many Wisconsin dairy RECORD will show. farms have been handed down from father to son. The The VICE PRESIDENT. The Senator from New York is purity of Wisconsin cheese and other dairy products is guar­ recognized. anteed by rigid inspectien. Our State has been interested in Mr. COPELAND. Mr. President, New York has never maintaining a standard of quality and purity by State inspec­ claimed that it leads the Nation in the quantity of cheese tion of farms and dairy herds for more than 50 years. The produced. It does claim, in all modesty, that the quality of office of the State veterinarian in Wisconsin was created in the cheese produced in New York is superior to that produced 1885, and all creameries, cheese factories, condenseries, and in any other State in the Union. receiving stations are licensed annually, and undergo periodic Mr. President, this need not be an academic question. New inspection, as do cheese makers and butter makers. The York cheeses, these high quality Brie and Camembert, and Wisconsin type of inspection guarantees a quality and purity cream cheeses, are now being served in the Senate dining that ca1mot be excelled, and prevents adulteration and room without cost. "The proof of the pudding is in the eat­ contamination. ing." I suggest that this debate be closed until Senators shall It was Professor Babcock, of the University of Wisconsin, have repaired to the dining room and tested the superior who invented the device which measures the butterfat con­ quality of the New York cheeses. tent of milk. This is the most helpful thing that has hap­ Mr. DUFFY subsequently said: Mr. President, will the Sen­ pened to the dairy industry of the country. This device has ator from Louisiana yield to me for a brief statement, pro­ been very helpful in standardizing the quality of milk and vided unanimous consent may be obtained so he will not lose butter. his right to the floor? Ever since 1911 my State has had a bovine tuberculosis Mr. ELLENDER. I yield upon that condition. eradication law on the statute books. When I advocated on The PRESIDING OFFICER. Is there objection? The this floor the adoption of the original dairy amendment, I Chair hears none. was actuated partly by the thought that it was unfair for the Mr. DUFFY. Mr. President, earlier in the afternoon there Government to pay farmers for taking their lands out of pro­ was a rather interesting and somewhat humorous exchange duction, and then go into competition with our established if between the Senator from New York [Mr. CoPELAND] and my­ dairy farmers, but also because I knew, extensive dairying self with reference to cheese. I have sampled some of the was started in various parts of the country where there were New York cheese in the Senate restaurant and it is delicious. not strict laws as to inspection and sanitation, that the pub­ However, the last thing the Senator from New York said was lic in general would suffer. that in his State they specialized on merely quality cheese. Mr. President,· I do not want anything I have said to be I would not want the implication to go out in any way that construed as a reflection upon the State of New York. The the production of cheese in large quantities, such as in the case for that State was made by the able Senator from case in my State, in any way jeopardizes the high quality of New York. But I still maintain that Wisconsin leads the the cheese. I merely wish to trespass upon the time of the world in the production of quality cheeses. Senate for 2 or 3 minutes briefly to explain the history of what DISASTER LOAN CORPORATION has enabled Wisconsin to take its high rank among the States Mr. McADOO. Mr. President, I ask unanimous consent producing cheese. for the consideration of a bill which was reported yesterday Dairy farming calls for the highest type of skill and a from the Committee on Banking and Currency and is now· thorough knowledge of animal husbandry. Not only must on the calendar. I refer to Senate bill 3452, which proposes the dairy farmer be well acquainted with agriculture in gen­ to amend the Disaster Corporation Authority Act so as to eral, but he must be thoroughly versed in the care and extend the life of that Corporation for the year 1938. Under maintenance of cattle, he must know about breeding, the the law as it was enacted the Reconstruction Finance Cor­ diseases of cattle, and particularly farm sanitation. He must poration was authorized to grant funds for 2 years to the also know about the care of the soil. He has been engaged Disaster Loan Corporation, to be used in catastrophes which in soil-conserving practices for many years. Dairy farming arose in the country in the years 1936 and 1937. The is a technical branch of agriculture, and its knowledge is authority expired on the 31st of December 1937. Since that acquired by years of experience, and by a well-rounded agri­ time some very disastrous floods have occurred in northern cultural education for which the University of Wisconsin is California, causing great loss of life, washing away the famous. Many of Wisconsin's successful dairy farmers have levees of the rivers, and flooding numerous farms. I there­ attended agricultural courses given at the State university. fore ask unanimous consent for the immediate consideration Dairying in Wisconsin is as old as the State itself. A of the bill to which I have referred. It merely extends to happy combination of circumstances contributed to its suc­ the end of the year 1938 the period in which the Disaster cess. Wisconsin farmers largely came from the northern Loan Corporation can operate. It involves no new appro­ European countries, principally from Germany, the Scandi­ priation and no additional funds, because the Corporation navian countries, Switzerland, Holland, Belgium, Finland, already has sufficient funds for the purpose. and the British Isles. Dairying and animal husbandry were The PRESIDING OFFICER. Is there objection to the well known in those countries. In Wisconsin we have certain request of the Senator from California? localities which were settled by particular national elements. There being no objection, the bill (S. 3452) to extend the For example, in Green County there is a heavy Swiss popu­ lending authority of the Disaster Loan Corporation to apply lation, and here lies the most important center of the Swiss to disasters in the year 1938 was considered, ordered to be cheese industry in this country. North and west of She­ engrossed for a third reading, read the third time, and boygan are important settlements of Belgians. Near Stevens passed, as follows.: 1938 CONGRESSIONAL RECORD-SENATE 2013 Be it enacted, etc., That the act of February 11, 1937, creating SEC. 5. Bonds, notes, debentures, and other similar obligations the Disaster Loan Corporation (50 Stat. 19), as amended, is hereby issued by the Commodity Credit Corporation under the provisions further amended as follows: of this act shall be deemed and held to be instrumentalities of the By striking out of the second paragraph thereof "years 1936 or Government of the United States, and as such they and the income 1937" and inserting in lieu thereof "years 1936, 1937, or 1938." derived therefrom shall be exempt from Federal, State, municipal, and local taxation (except surtaxes, estate, inheritance, and gift COMMODITY CREDIT CORPORATION taxes). The Commodity Credit Corporation, including its fran­ The PRESIDING OFFICER laid before the Senate the bill chise, its capital, reserves, and surplus, and its income, shall be great depression came, the price causes a slump in business, first at the store, then at the whole­ level was 95 and prices of all commodities, save "managed" and sale house, then at the factory, and thereafter all up and down "rigged" common stocks, were falling until October and then the and all over the country. whole economic structure became disarranged. As hereinbefore reported, the price level on March 1, 1937, was In 1932 the price level was 65, or 35 points below the standard, 88, and such price level at the present time is 80; hence such and prices were the lowest in recent history. price level has fallen 8 points during the past 11 months. In March 1937 the price level had risen to 88, or still some 1.2 The committee reports that the fall in the price level, which points below the 1926 standard. While at that time prices were means a fall in prices generally, has had a very marked effect upon higher than in 1932, yet they were not as high as when the our domestic economy. depression came in October 1929, and were much lower than in The following specific instances may be cited: 1926, the year now referred to as the 100-percent price-level lllustration No. 1: Numerous authorities have, as stated, valued standard. · a.ll property in the United States and our possessions during nor- 1938 CONGRESSIONAL RECORD-SENATE 2017

mal times at some $400,000,000,000. If we take this sum as a 1910 ______National income _ basis, then we might say that $400,000,000,000 will be 100 percent. 1911 ______$28, 000,000,000 One percent would be $4,000,000,000. If the fall in the price level 28,300,000,000 reduces property values at the rate suggested, then the fall of 19131912------~------______30,300,000,000 8 points would mean a depreciation of our total property values · 1914 ______31,900,000,000 in the sum of $32,000,000,000. 1915 ______31,600,000,000 lllustrathm No. 2: Numerous statistical authorities have esti­ 33,000,000,000 mated our total massed debts to be some $250,000,000,000. Taking In 1915 the Federal Reserve System began to function. Cur­ this sum as a basts and assuming that such sum equals 100 per­ rency in circulation was increased and credit was expanded and cent, then 1 percent would equal $2,500,000,000. The fall in the the result was a drastic cheapening of the dollar and a comparable price level, causing a fall in prices and values of property, when increase in the price level. reflected in the massed debts, would mean that it would take From the first of 1915 to the end of 1916 the dollar value fell more property to liquidate one dollar of indebtedness under the from 150 to 100 and the price level rose from 70 to 100. With a present price level than under the price level of March 1, 1937. cheapened dollar and an increased price level, farm income in­ Applying the same formula as applied to the fall in the valae of creased from $7,400,000,000 in 1915 to $9,000,000,000 in 1916. all property, we :find that while the massed debts may not have At the same time the national income increased from $33,000,- increased in terms of dollars, yet if we should proceed to liquidate 000,000 in 1915 to $39,000,000,000 in 1916. such indebtedness it would require more property at the lower · From 1916 to 1920 the dollar value fell from 100 to 64, which prices; hence, if 1 percent in the fall of the price level equals meant that at the same time the price level rose from 100 to 154. $2,500,000,000, then 8 percent would equal seven times $2,500,- With this rise of the price level farm income increased from 000,000, or a total of $20,000,000,000. This means that although $9,000,000,000 in 1916 to $17,000,000,000 in 1919, and while !arm the massed debts have not necessarily increased in terms of dollars, income was thus increased, the national income increased from such debts have increased in terms of property, so that now it $38,000,000,000 in 1916 to $65,000,000,000 in 1920. would take the sum of approximately $20,000,000,000 more in value Thus it is obvious that a low price level produces a low farm to liquidate such massed debts than it would have required on and national income and that a high price level produces a high March 1, 1937. farm and national income. Illustration No. 3, national debt: The national debt is now ap­ To reinforce this point, the committee calls attention to the proximately $37,000,000,000. Assuming that such $37,000,000,000 following records: equals 100 percent, then 1 percent would equal $370,000,000. Apply­ ing the same formula to No. 3 as was applied to Nos. 1 and 2, we Low price level produces low income find that while the national debt may not have increased in dollars 1914 WITH LOW PRICE LEVEL AT 70 during the past 10 months, yet to liquidate the national debt it FarDl incoDle------$7,000,000,000 would now require more property to liquidate such indebtedness. Natlonal income------­ 33,000,000,000 If 1 percent equals $370,000,000, then the 8 percent which represents Value, farm propertY------39,000,000,000 the fall in the price level would mean that the national debt has Value, exports------1,800,000,000 increased in value eight times $370,000,000, or a total of $2,960,000,000. Amount Treasury income ______700,000,000 lllustration No. 4, States, counties, cities: If all debts have in­ creased in terms of property, as illustrated in Nos. 2 and 3 above, 1920 HIGH PRICE LEVEL AT 154 then the State, county, city, and local debts have likewise increased, FarDl incoDle------$13,000,000,000 not in terms of dollars but in terms of property values necessary to ~ational incoDle------­ 69,000,000,000 liquidate such indebtedness. Value, farDl propertY------66,000,000,000 illustration No.5, total tax burden: It is estimated that it is now Value,Amount exports------Treasury income______8,200,000,000 costing all units of Government-National, State, county, eity, and 6,000,000,000 district-some •17,000,000,000 per annum to meet governmental and 1932 WITH LOW PRICE LEVEL AT 64 public expenses. Assuming that this $17,000,000,000 will be 100 percent, then 1 percent would equal $170,000,000. Farna income------$5,000,000,000 Applying the same formula as applied above to our total tax bill, National tnconae------48,000,000,000 we find .that while such bill may not have increased in numbers of Value, farm propertY------36,000,000,000 Value, exports------1,600,000,000 dollars, yet in the amount of property required to secure the dollars Amount Treasury income______2,100,000,000 with which to pay such taxes, we find that such total tax b1ll has increased 8 times $170,000,000, or a total or $1,360,000,000. The committee gives another 11lustration of the influence of the mustration No. 6, interest: If the estimate of $250,000,000,000 of value of the dollar on prices. total massed indebtedness is a fairly correct one, then it would be In 1920 we had a high price level-at 154. On June 20 of that safe to assume that the interest charges on the total massed indebt­ year we had the following prices: edness would be at least $10,000,000,000 per annum. If we should Wheat______per busheL_ $2. 50 apply the same formula as used above to the interest item, we Cotton ______per pound__ . 42 would find the following $10,000,000,000 equals 100 percent. One CoriL------per busheL. 1. 90 percent would equal $100,000,000. The eight-point fall in the price <>ats------·------do____ 1.04 level would equal in property values eight times $100,000,000, or a In 1933 we had a low price level-at 64--with prices as follows: total of $800,000,000. vr.heat______perbushel __ $0.30 This means that while the interest item may not necessarily have Cotton ______per pound__ . 05 been increased, yet to liquidate such interest item it would take Corn ______per bushel__ . 15 approximately $800,000,000 more of property to secure the dollars necessary to meet such total interest bill. <>ats------·------do____ .10 From the foregoing illustrations it is obvious that by lowering the The resolution under consideration proposes to express the sense price level we increase the value of taxes, debts, and interest, and of the Senate that the 1926 price level should be reinstated. that by raising the price level we decrease the value of taxes, debts, The 1926 price level was at 100. With such price level we had and interest. the following prices: $1. The effect of raising or lowering the price level may be explained Wheat ______per busheL_ 67 in another way. When we increase the price level we increase the Cotton ______------·------per pound__ . 20 value of property and make it easier for producers and property Corn ______per bushel__ . 90 owners to secure dollars with which to meet their :fixed charges, Oats------·------do____ .60 and by lowering the price level we thereby decrease the value of In 1926, with the price level at 100 producing fair prices, we had products and property and make it more difficult for taxpayers to the following: secure dollars with which to meet such overhead and fixed charges. Far01 income------$11,500,000,000 . Summarizing, we report that to lower the price level means in­ ~ational income ______78,000,000,000 creaslng the cost of government, while the raising of the price level decreases the cost of government, not in dollars in either instance Value, farm propertY------49,000,000,000 but in the value of property necessary to be exchanged for dollars Value, exports------4,800,000,000 to meet such taxes, debts, interest, and governmental expenses. Amount, Treasury income______4, 000, 000, 000 From 1926 to 1938-12 years--we have an increased population, DOLLAR VALUE CONTROLS PRICES, INCOME, AND PROSPERITY vastly expanded facilities for production, doubled taxes--National, The record of farm and national income shows conclusively State, county, f!.nd city-and with doubled debts, our farm income that the value of the dollar controls both. for 1937 was $1,000,000,000 less than in 1926. Our national income From 1910 to 1915, inclusive, the dollar value, although very last year was some $10,000,000,000 less than that of 12 years ago high, was stable, ranging between 145 and 150, and during said and likewise the value of farm property, and the value of exports years farm income fluctuated very little and as follows: were vastly less than the values of the same items in 1926. Farm income These figures are convincing that if taxes, debts, and interest 1910 ______$6,600,000,000 increase, the price level must likewise be increased to afford an 1911______6,400,000,000 increased farm and national income, as well as an increased 1912------6,800, 000,000 income to the Federal Treasury. 1913______7,000,000,000 BALA.NCING THE BUDGET 1914------7,000,000,000 All agree that our Budget should be balanced, and the question 1915______7,400,000,000 constantly arises as to how this can be accomplished. During t he same years, With a stable-valued dollar, which It must be conceded that the Budget cannot be balanced on a means a st able price level, although very low-at 7o--we had falling wage and falling price level. Likewise, the Budget cannot national incomes as follows: be balanced on the present price level. LXXXIII--128 . 2018 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 We report that there fs only one possible way to balance the Harding, reported to the Senate that the Board was suggesting and Budget and that is by raising prices so that there may be profit recommending the folloWing policies: in the transaction of business. 1. Discount rates should be raised. It has been said that one-third of our people are 111-housed, 2. Member banks should call loans on agricultural products, thus ill-clad, and 111-fed, so that among this one-third--some 40,000,000 forcing the sale of such products. people--there can be little business and little if any profit. 3. Member-bank credits should be restricted. The record shows that many of our industries are already in 4. Existing loans should be liquidated. the hands of receivers; hence, there can be little if any profit from 5. Expansion of loans should be checked. such institutions. 6. That member banks should use their power to limit the The record shows that some 7 out of every 10 of our farmers volUine and character of loans. are either sharecroppers or tenants, and that those who still own 7. The Federal Reserve banks should establish normal discount their land or retain some equity in their land are fearful that they or credit lines for each member bank and should impose grad­ will soon lose their homes. All farmers agree that their trouble uated discount rates on loans in excess of the normal line. is "low-farm prices." 8. Served notice that the Federal Reserve banks have power to The President, in his January 3, 1938, message to the Congress, refuse to discount any form or class of paper. said: 9. Suggested notice to the public that the Federal Reserve banks ~'To raise the purchasing power of the farmer is, however, not have the power to control and regulate credit. enough. It w1ll not stay raised if we do not also raise the pur­ 10. Served notice to the public that they must economize, must chasing power of that third of the Nation which receives its in­ limit demands for banking credit, and must begin to pay existing come from industrial employment. Millions of industrial workers debts. receive pay so low that they have little buying power. Aside from 11. Suggested that the member banks educate and impress the the undoubted fact that they thereby suffer great human hard­ public with notice of the Federal Reserve's announced policy. ship, they are unable to buy adequate food and shelter, to main­ The new administration came completely into power on March tain health or to buy their share of manufactured goods." 4, 1921. On March 1, 1921, we had money in circulation in the Again he said: sum of $6,207,000,000. Eighteen months later, or on September 1, "• • • if the purchasing power of the Nation as a whole­ 1922, we had only $4,393,000,000 in circulation; hence, it is seen in other words, the total of the Nation's income--can be still that in 18 months we lost the sum of over $1,800,000,000, or $100,- further increased--other happy results will flow from such increase. 000,000 per month in currency in circulation. "We have raised the Nation's income from $38,000,000,000 in The new program promised "courageous and intelligent defla­ the year 1932 to about $68,000,000,000 in the year 1937. OUr goal, tion of overexpanded credit and currency,'' and through the oraers our objective, is to raise it to ninety or one hundred billion of the Federal Reserve Board, credit was deflated and likewise dollars"- through the policies promulgated the actual currency in circula­ but it is obvious that we can never raise the farmer's income or tion was defiated to the extent of almost $2,000,000,000, or some secure such a national income on either a falling price level or on 30 percent of the money in circulation when the new administra­ the present price level, or on any price level lower than that of 1926. tion took over the reins of Government. The committee reports that it is not only desirable that the The effect of this deflationary policy was a general and severe price level be raised, but that in order to secure the income desired, fall in prices as hereinbefore indicated and history records the to balance the Budget, and to restore national prosperity, it is era as the "panic of 1921." absolutely necessary that such level be raised approximately to In 1921 Benjamin Strong was Gdvernor of the Federal Reserve that of 1926. - Bank in New York City. Governor Strong was an able and power­ The second question is as follows: ful financial executive. Because of less ability elsewhere, Governor. IS IT POSSmLE TO RAISE THE PRICE LEVEL? Strong was able to and did dictate and control the policies not only of the New York Federal Reserve Bank, but of the other The answer is, "Yes." The price level may be raised or lowered Federal Reserve banks and even the policies of the Federal Reserve at the will of the money managers. The money managers are Board and the Treasury Department at Washington. those persons, bureaus, and departments having control over the Governor Strong so managed the Government's financial policies discount rate, reserves, credit, open-market operations, circulation, as to bring about the 100 price level. Such price level was first and the gold content of the dollar. attained in 1923. From 1923 to 1928, the date of the death of HOW MAY THE PRICE LEVEL BE RAISED? Governor Strong, the price level was maintained as follows: The price level may be raised by either of the following acts: (a) Lowering of discount rate. 1923------100 (b) Lowering of reserve. 1924------98 (c) Liberalizing credits. 1925------1926 ______100103 (d) Open-market operations. (e) Increase currency circulation. 1927 ------95 (f) Reduce gold content of the dollar. 1928------96 Conversely, the price level may be lowered by reverse action on During the years above mentioned, Calvin Coolidge was Presi­ either of said mentioned acts or policies. dent, and the comparatively stable price level was equaled by a In addition to answering the question, "Is it desirable to have the comparatively stable dollar value. price level raised?" in the affirmative, the committee calls attention Your committee reports that such price level was brought about to the following specific instances wherein such price level has been and maintained through the management and control of the value raised and also lowered. - of the dollar. The Bureau of Labor Statistics shows that during said years the PRICE LEVEL WAS LOWERED IN 1920 value of the dollar was as follows: The year 1920 was a national-campaign year. The Democratic Party was in power and the minority, or Republican Party, held its 1923------.994 national convention in Chicago on June 8 to 12. 1924------1.019 In its platform declaration the minority party condemned the 1925------1926 ______1.00.966 majority party and charged the majority party with being respon­ sible for the high cost of living. · 1927------1.048 In the minority party's platform declaration we find the following 19 1 language: / ~~~-;;~~;~-;~~~~-th~t-~t-;h;-d;~th-~;-~~~~~~~-8t;~~~-in i~~! "THE mGH COST OF LIVING 1 the value of the dollar began to increase and the price level began "The prime cause of the high cost of living has been, first and to fall. foremost, a 50-percent depreciation in the purchasing power of the ' The following tables show just what has happened with respect dollar, due to a gross expansion of our currency and credit." to the dollar value and price level since 1928: In addition to condemning the majority party for having been responsible for the high prices, the minority party outlined its pro­ gram and pledged its leaders that they would faithfully carry into Dollar Price effect such program. value level In the same platform we find the following pledge: "We pledge ourselves to earnest and consistent attack upon the 1928_----1929 ______------_ $1.034 96.7 high cost of living by rigorous avoidance of further inflation in our 1.049 95.3 Government borrowing, by courageous and intelligent deflation of 1930------1.157 86.4 overexpanded credit and currency • • • ." 19321931 ______------______1. 370 73.0 In the election of November 1920 the minority party became the 1.543 64.8 majority party and on March 4, 1921, the Republican Party took 1933: February------­ 1.672 59.8 over the management of the Government. For year------1. 517 65.9 Prior to the change of administration, the Federal Reserve Sys­ 1934_ ------1. 340 74.9 tem, acting through its Governor, members, and advisors, suggested, 1935------1.253 8Q_O secured, and promulgated the following actions and policies: 1936_------1. 263 80.8 On May 15, 1920, Senator McCormick, of Illinois, introduced Sen­ 1937: March __ ------_____ ------1.12 88.0 ate Resolution 363, directing the Federal Reserve Board "• • • to June ______------__ :.------______1.147 86.5 advise the Senate what steps it purposes to take or to recommend December------1. 235 81.0 to the member banks of the Federal Reserve System to meet the existing inflation of currency and credit and consequently high prices • • •." PRICE LEVEL WAS RAISED IN 1933 The resolution was passed by the Senate on May 17, and on May In February 1933 the price level was so low that business of 25 the Federal Reserve Board, acting through its Governor, w. P. G. every kind throughout the entire cowitry was at a standstill. It 1938 CONGRESSIONAL RECORD-SENATE 2019 was the low price level which destroyed practically all values, and Should another major depression come, the banks will prepare the banks were forced to close. for the worst and will convert some, if not all, their bonds into As a relief measure the new administration decided to raise the currency. Such a policy would force the very kind of inflation price level. Direct action was taken. Congress conferred power on that all are opposing; hence, your committee is of the opinion the President to do the following things~ that the Government should take steps now to prevent the 1. To increase the circulation of currency through an expansion disaster toward which the present policy is surely leading. of Federal Reserve notes and Treasury notes. The committee is of the opinion that it is not alone a. question 2. To devalue the gold dollar by reducing the gold content of the of the desirability of having the price level raised, but is an basic monetary unit. , absolute necessity for the very obvious reason that our heavy 3. To expand the currency through a wider use of silver. tax, debt, and interest structure make such price rise inevitable. Power No.2 has been used. The question now resolves itself into whether the price rise The weight of the gold dollar was reduced from 25.8 grains of shall be gradual, orderly, and at all times under control, or gold, nine-tenths fine, to 15%1. grains, nine-tenths fine. By reduc­ whether the money managers will persist 1n a defiationary policy, ing the size and weight of the gold nugget ca.lled a dollar, the new thereby forcing bond liquidation and the accompany unregulated gold dollar is not so large, hence not so valuable and, therefore, w1ll and perhaps uncontrolled inflation. not purchase as much in the way of commodities. The devaluation WHO PROFIT BY DD'LATION? of the gold content of the dollar automatically and inStantly raised Some, who do not stop to think or do not take the time to prices. think the matter through, may believe that all are against Power No.3 likewise has been used. panics, depressions, and recessions, but unfortunately such 28 The present adm1nlstration, operating under the silver program, not the truth. has purchased more than one and one-half billion ounces of silver While all know that industry, ma.nufa.cturing, transportation, and has issued currency to the value of such silver; and such cur­ owners of property--save money and fixed investments-producers rency is now in circulation. Through this policy almost $1,000,000,- and debtors, have lost heavily in past panics, depressions, and 000 of new and additional silver certificates have been placed in recessions, yet but few know that the holders of fixed investments circulation. have profited immeasurably because of the same economic con­ As the result of the financial policy adopted, the price level was ditions which have so nearly bankrupted the entire country. raised gradually from the low point in February 1933 to 88 in March To summarize the arguments herein set forth we assert that of 1937. During the 4 years of 193~. 1934, 1935, and 1936, the price the same economic law which governs the value of commodities level was raised gradually, which meant that prices were likewise likewise governs the value of money. gradually raised until March of 1937. When commodities, such as wheat, corn, cotton, or any other Because of the increase of the price level, unemployment had article, are scarce their value is high and when they are plentiful decreased, tax collections had improved, business conditions were their value is low. This same economic law governs the value of approaching normal, a.nd everything appeared hopeful for reaching money. When dollars are scarce their value is high and when the end of the 1929 depressi.on. dollars are plentiful their value is low. PRIC'E-LEVEL RISE CHECKED IN MARCH 1937 AND LOWERED EIGHT POINTS In 1919-20 dollars were plentiful, hence, cheaper, and com­ TO DATE modity and property values were the highest in decades. The record shows that offlcials of the Federal Reserve System In 1932--33 dollars were scarce, hence, high, and commodity and recommended and took steps early in the year 1937 to check the property values were the lowest in generations. rising price level; consequently the rising prices. Fixed investments, bonds, mortgages, and notes are of the To check rising prices, the Federal Reserve System recommended equivalent of dollars, and the value of such investments, measured the following specific things: in commodities and property, rises and falls with the rise and 1. Raising discount rates. fall of the dollar value; therefore, when dollars were scarce, as in 2. Increasing bank reserves. 1932-33, values were low; hence, in such years dollars in bonds, 3. Sterilizing gold. mortgages, and notes were highly valued when measured in com­ 4. Issuing releases calltng attention to rising prices and prophesy­ modities and property. ing inflation if such trend should continue. In 1919- 20, with dollars plentiful and cheap, a $100 bond or note The result of the monetary policies just mentioned was a check could be paid with 40 bushels of wheat, while in 1932-33, with to the rising price level. Not only was the price-level rise stopped, dollars scarce and high, it took over 400 bushels of wheat to but immediately it began to fall, and with the fall of the price liquidate a $100 debt. level, commodity prices went down, resulting in a slowing up of In other words, in 1932--33, with scarce money, the holder of a business, the closing of factories, increased unemployment, and the $100 bond was worth 400 bushels of wheat, while in 1919-20, with initiation of the present recession. · money plentiful, the holder of a $100 bond was worth only 40 As set forth in this report, the present recession has cost the bushels of wheat. people of the United States some $50,000,000,000. This total is made It does not require a financier or much thinking to realize that up from the items heretofore mentioned, and as follows: it is to the interest of the bondholders to have scarce money; 1. Loss in property value ______$32, 000,000, 000 hence, dear money, and the consequent low prices and 1o1111-Valued property. 2. Loss caused by increased value of debts______20, 000, 000, 000 As an estimate, we report that the holder of a million dollars 3. Loss caused by increased value of taxes______1, 360, 000, 000 in bonds, mortgages, or notes, is at least $80,000 richer in property 4. Loss caused by increased value of interest____ 800, 000, 000 today than on March 1, 1937. As measured in wheat, such bond­ 5. Loss caused by increased national debt is $2,- holder is some $300,000 richer than 11 months ago, and as 960, 000,000, but such amount is included in measured in corn, he is over $500,000 richer than on March 1, No.2. 1937. 6. Loss caused by increased State, county, city, It is to the interest of the holder of bonds to have dollars scarce and district debts 1s comparably increased and highly valued; hence, the program of deflation inaugurated and amount is likewise shown in No. 2. in March 1937 has brought about the following speciflc results: 7. The economic loss caused by the slowing up 1. Ha.s destroyed billions of dollars of money--over $1,000,000,000 of business, loss of employment, and other in bank deposits in New York City alone. direct losses could only be estimated, but 2. Has caused a total loss to all our people of over $50,000,000,000. the sum would be very large______(?) 3. Has caused increased unemployment. 4. Has increased debts, taxes, and interest and widespread suffer­ Total cost of recession to date______54, 160, 000, 000 ing and distress. WHAT WILL HAPPEN IF PRICE LEVEL IS NOT RAISED? 5. Has increased the wealth of the bondholder and investor class Judging the future by the past, we will have a. continuation approximately $20,000,000,000. of immediate present and recent past economic conditions. This While panics, depressions, and recessions bring bankruptcy, will mean that one-third of our population will remain ill­ suffering, and distress to tens of millions of our people, yet such housed, 111-cla.d, and 111-fed; that farmers will continue to lose man-made economic conditions bring opportunities, advantages, their homes; that because of lack of buying power in the hands and wealth to the fortunate few bondholders of the country. of farmers and wage earners, industry generally will languish, WHO IS RESPONSmLE FOR PANICS, DEPRESSIONS, AND RECESSIONS? and because of lack of business, profits will be scant, national The Constitution confers upon the Congress the power to coin income low, and the budgets of the Nation, States, counties, money and to regulate the value thereof. and cities will remain unbalanced. The Congress has vitalized the power to coin money but has A continuation of such conditions w111 make necessary con­ failed to vitalize the power to regulate the value of the dollar. tinued expenditures for relief, which in turn will make necessary Because of such failure the value of the dollar has never been contin ued borrowing, and the consequent continued issuance of regulated other than as to the weight and fineness of the various bonds; hence, still further increasing public and private debts. metallic coins called dollars. What will such a policy lead to eventually? Because the ·Congress has failed to regulate the value of the Th~ inevitable end is almost in sight. The credit of the several dollar, such dollar has fluctuated violently, causing the booms units of Government is not unlimited. Already many cities and and depressions as recorded in the economic history of our towns are going into voluntary bankruptcy. country. Should the present trend continue, it will be only a. question Without regard to the person or persons charged with being of time until the banks will be forced to convert some of their responsible for the panics, depressions, and recessions of the past bonds into cash. Should a wave of selling set in, the only and present, the fact is that the Congress was and is wholly re­ purchaser would be the Government. If the selling should per­ sponsible !or such panics, depressions, and recessions because of sist, the Government would be forced to resort to payment or its failure to carry out the clear contitutional mandate to regul9.te redemption of bonds in currency. the value submitted. by President R. B. Atwood, the stucient enrollment 1n 2030 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 this institution has increased so rapidly that the funds appropri­ The same table shows the number of teachers employed in ated by the State are inadequate to provide facilities for housmg, boarding, class instruction, and recreation. This college must se­ Tennessee from 1869 to 1936. In 1869 there were 328 colored cure additional income in order to provide for the ever-increasing teachers, and by 1936 the number had increased to 2,451. educational demands made of it. I am ,going to mark this table "Exhibit 17," and, in the In spite of the limited budget, however, the present administra­ tion has been able to effect a number of improvements. The course of time, I shall ask that it be incorporated in the training of the faculty is considerably higher, the quality of the RECORD as a part of my remarks. student Is better, and the morale of the entire school personnel I have here a telegram from Mr. W. C. Williams, com­ is one that Is conducive to good work. Placing of the college un­ der control of the State board of education has served to bring missioner of public health of Tennessee, dated January 28, the work of the college into a closer and desirable contact with and reading as follows: the department of education and to remove from the college NASHVILLE, TENN., January 28, 1938. those outside influences which served to retard its development Senator ALLEN J. ELLENDER, in previous years. The reading capacity of the library has been Senate Office Building: enlarged, the number of volumes increased, and the science labora­ Complying your request, Governor's office, regarding activities tories improved. In addition, the numerous small repairs have for betterment Negro welfare, following are incorporated as part been made which were designed to reduce the expense of operation. general, local, and/ or State public-health programs: Negroes re­ ceive same services as whites in all public-health activities, which On page 43 there is another explanation in connection include prenatal, postnatal, infant, preschool, school, communi­ with a school of higher education for the colored. I have cable disease, tuberculosis, syphills control, etc., nursing services. marked this article "Exhibit 16," and I shall ask at the Negro public-health nurses have been trained for general and proper time that the matter referred to be inserted in the special work, Negro population. Negroes admitted tuberculosis hospitals operated by local governments. No State tuberculosis REcoRD in connection with my remarks, to show what the hospital for white or colored. Members this department and field State of Kentucky is doing and has done for its colored facilities used for teaching purposes, Meharry Medical College­ people. Negro institution. Children's Bureau and United States Public Health Service have detailed information regarding nursing serv­ Now, Mr. President, I propose to give a few facts and fig­ ices mentioned above, which also include public-health medical ures with reference to the State of Tennessee and show what service. that State has done toward the education of the Negroes. W. C. WILLIAMS, In the State of Tennessee 81.7 percent of the population Tennessee Commissioner of Public Health. are white and 18.3 percent are colored. Twenty-nine per­ I shall now refer to the State of Oklahoma, the Negro cent of the children of school age in Tennessee live in population of which is only 7.2 percent of the total, the cities, as against 71 percent who live in rural areas. Again white population being 88.6 percent; Indians, I presume, we find a State that is handicapped by having a greater constituting the remainder. Again, in the case of Okla­ portion of its population spread throughout the State in­ homa the urban population of children of school age was stead of being centered, as in some more fortunate States, only 29 percent compared to 71 percent rural. Oklahoma in urban districts. Of course, that in itself has a tendency is another State in which the children of educable age are 'to increase the cost of education. scattered all over the State, and therefore, of course, greater I have a table before me which shows how the State of facilities and more money are required to educate them. Tennessee has increased its expenditures, how the enroll­ Oklahoma, as in the case of the State of Tennessee and the ment of the colored children has increased from year to State of Kentucky, is progressing greatly in the education year, and how the number of teachers for colored pupils of its children because of the fact that better roads, better as well as white pupils has increased. facilities, and more money are available for that purpose. I repeat what I said a few moments ago, that I am not I have a table from the State of Oklahoma which shows trying to argue that the colored children of Tennessee have that the cost of maintaining Negro schools in 1919 was been as well provided for as have the white children of that $720,972; that in 1921 it had increased to $1,064,205; and by State, but I do contend that there has been a gradual in­ 1936 it had increased to $2,113,689. crease from year to year, especially in recent years, in school This table shows the cost of maintaining the white schools facilities, including bus transportation, books, and other as compared to the cost of maintaining the colored schools, things which are furnished to the colored children. and the per capita cost based on enrollment of whites and In 1869 the number of elementary schools in the State of Negroes. Tennessee for colored children was 498, as compared to 3,405 for white children. Remember, the population was I again admit that the figures show that the cost is consid­ 81.7 white and 18.3 percent colored. Let us see how the erably less in the case of the colored children than in the number of schools has increased as the years have gone by. case of the white children, but, of course, as I said a while From 1869 to 1888 the number of schools for colored children ago, I am not trying to make any effort to show that as much increased from 498 to 1,424; in 1889, to 1,636. In 1902 the was done for the colored people in the early days-that is, number was 1,539; but there had been some consolidations. years ago-as was done. for the whites. However, the facts I may state in passing that the State of Tennessee, and and figures do show that in recent years, when conditions quite a number of the border States, that is, the States nearer have improved, more money is being spent and more money the Northern States-have shown a decrease in colored pop­ is going to be spent toward helping both races. ulation, as I have already indicated, and that may account for The table to which I have just referred has one appended the fact that fewer schools were necessary in some of those to it showing the general-fund expenditures, enumeration, States. As to whether or not that suggestion applies specifi­ enrollment, average daily attendance, and the cost per. pupil cally to Tennessee, I have not the figures available to verify enumerated, enrolled, and in average daily attendance for my statement, but my impression is that the figures I gave the several types of districts during the year 1935-36. A some time ago would show a slight decrease in the number study of that table by comparison will show that the state of colored people in Tennessee from year to year, beginning of Oklahoma is gradually improving the educational facilities soon after the Civil War until this date. for the colored people. I shall mark those two tables exhibit All the States have in recent years consolidated many of 18 and exhibit 19, and in due time I shall ask that they be their schools, and, of course, by that process the number of incorporated in the RECORD at the end of my remarks. schools has decreased. The reason for such consolidation is Mr. President, I have further information with reference that good roads have been built; it is, therefore, easy to trans­ to what the State of Oklahoma has done for the colored port the children and concentrate them in the larger schools, people, but I think it is unnecessary to put it all in the and thus provide them with better teachers and better facili­ RECORD. I think I have submitted a sufficient amount of sta­ ties than if small schools were scattered all over the State. tistics to show that there has been a gradual increase, as I · The enrollment and daily attendance of colored pupils in said a few minutes ago, in the educational facilities among Tennessee from 1869 to 1936 have gradually increased, ex­ the Negroes and the whites. From page 106 of the Sixteenth cept in the year 1936, as this table shows, and that I attribute Biennial Report of the Superintendent of Public Instruction, to the fact that there has been a decrease in the colored pop­ July 1, 1934, to June 30, 1936, I read just a short paragraph ulation in the State of Tennessee, probably due to migration. to show the conditions prevailing in Oklahoma: 1938 CONGRESSIONAL RECORD-SENATE 2031 The school laws of Oklahoma provide for the organization and That again demonstrates to the Senate that the Southern maintenance of the public schools upon a complete plan of sepa­ States have gradually and consistently increased the facilities ration between the white and colored races. The separate school 1n each district is "declared to be that school in said school dis­ of education for the colored people. trict of the race having the . fewest number of children in said I have read from this table, which I shall mark "Exhibit school district." Pupils of the race having the greater number of 20," and in due time I shall ask that it be incorporated in the children in the district attend the district school which is main­ tained by a tax levy of not to exceed 15 mills on the taxable prop­ RECORD with my remarks. erty in the distriCt. Pupils of the race having the "fewest" num­ I have before me another exhibit which is very interest­ ber of ch ildren in the district attend the separate school, which is ing, and which shows what the State of Texas has done m aintained by a tax levy of not to exceed 2 mills on all taxable toward the hospitalization of its colored population. In the property in the county. State funds are apportioned to the dis­ trict school and to the separate school on the same basis; that is, Austin State Hospital, which is a hospital where whites and pupils enumerated share in the funds distributed on a per capita Negroes are taken care of, the total number of patients, as of basis in like amounts, regardless of race, also the district school September 1, 1937, was 2,357, of whom 794 were colored. and the separate school employing teachers having equal qualifi­ cations are apportioned equal amounts from the primary aid fund. In the Rusk State Hospital the total number of patients, colored and white, was 2,082, of whom 1,053 were colored. In other words, the fact I have produced, and which is In the Terrell Staie Hospital, with a total number of in­ shown by this report, is that no distinction is made in dis­ mates of 2,521, there were 319 colored. tributing the funds per capita among the whites and the In those three hospitals, which were established for both colored population of that State. Of course, I am sure many the colored and the whites, of the total number of patients, Senators will appreciate our endeavor in the South to main­ 11,921, there were 2,166 colored people taken care of at the tain the white and the colored races separately has cost us same time the whites were being taken care of. quite a good deal of money, but I know that the investment When this table was made, it ·showed a total of so many has been worth while. whites and so many colored, and the totals I have given rep­ I now read a telegram signed by Reginald S. Williams, as­ resent the number of whites and colored in those hospitals sistant secretary to the Governor, dated Oklahoma City, Jan­ at the time the table was made, to wit, September 1, 1937. uary 28, 1938, and addressed to me: In 1930 there was established a eolored orphans' home, OKLAHOMA CITY, OKLA., January 28, 1938. wherein 57 colored patients were taken care of. There is an Han. .ALLEN J. ELLENDER, institution for deaf, dumb, and blind colored youths which United States Senator: was established in 1887, and in that institution 298 colored Information you requested was compiled in this office from people are now being taken care of. records of State planning and resources board. These records show that prior to 1933 Negro insane were cared for in separate In 1889 there was established the juvenile training school wards at white hospitals for insane. Oklahoma's newest and most for both colored and white. The total number of inmates modern hospital for insane established exclusively for Negroes in was 828, of which 317 were colored. 1933 and had average daily population through 1936 of 506 in­ cluding mental defectives and epileptics at average annual cost of Then there is the Kerrville State Sanitarium for Negroes, $420,068 while white hospitals with average daily population s~me established in 1937, with a total of 99 colored patients. period had average annual cost of $1,345,906. Separate institu­ As I stated a while ago, the colored population of Texas tion for white mental defectives and epileptics had average daily 14.7 73.5 population same period of 808 at average annual cost of $126,845. was only of the total as compared with for the From 1925 to 1935, inclusive, average population for white or­ whites, yet in all of the hospitals, and other eleemosynary phanages was 513 with average annual cost of $188,997; average institutions, there was a total of 18,739 cared for, 3,039 of population Negro orphanages maintained by State, including deaf, whom were colored, or 16 percent of the total. In other blind and delinquent, was 336 with average annual cost of $102,- 965. 'Oklahoma has no separate hospital for treatment of crippled words, in the hospitals there was a greater percentage of col­ Negro children but 32-bed ward is reserved in State-maintained ored people in proportion to population than of whites, all university hospital for Negro adults and children while 4 private, being taken care of at State expense. exclusively Negro, hospitals with total capacity 289 beds are I shall now read a letter from the State board of control, operated in Oklahoma to which indigent Negroes may be com­ mitted at public expense. Approximately 5,000 beds are avail­ signed by J. D. Hall, chief of the division of estimates and able in private hospitals of State for general hospitalization and appropriations. He has this to say: many such hospitals maintain separate wards for Negroes to which indigents may be committed at public expense. State STATE BoARD OF CoNTROL, AUSTIN, January 22, 1938. maintains 3 tuberculosis sanitariums with combined average dally Senator ALLEN J. ELLENDER, population of 600. Forty-bed ward maintained exclusively for Senate Chamber, Washington, D. C. Negroes at one of these. Our State welfare board which dis­ DEAR Sm: Your telegram of January 22 addressed to Gov. James tributes State and local funds for general relief to indigents and V. Allred requesting certain data concerning institutional care of unemployables makes no distinction between whites and Negroes. Negroes by the State of Texas has been re!ferred to the Texas Extent of county participation in this and other programs im­ State Board of Control. Our board is the managing board for an possible to determine without considerable research. Source of eleemosynary and correctional institutions except the State hospi­ above information is Oklahoma State Planning and Resources tal for crippled and deformed children, at Galveston, which is Board and is a matter of public record. operated in conjunction with the University of Texas medical col­ REGINALD S. WILLIAMS, lege and is under management of the university regents. This Assistant Secretary to Governor. data does not cover the State prison system. In order that the data might be placed in your hands immedi­ So much for the State of Oklahoma. I have here a little ately, we have made notations on a regular office form report en­ data with reference to the State of Texas. closed herewith. There are, as is shown, five State eleemosynary 1930 institutions which care for both Negroes and whites, and three The Negro population in Texas, according to the cen­ other institutions which care for Negroes exclusively, making a sus, is 14.7 percent, and the white population is 73.5 percent. total of eight State hospitals or eleemosynary institutions now car­ Again I point out to the Senate that the urban population of ing for or hospitalizing Negro patients or inmates. The enclosed children from 5 to 20 years in Texas, which as Senators know statement further shows that there are now 2,937 Negroes in these State eleemosynary institutions and that within several weeks a is the largest State in the Union, is 35 percent, and the rural new building at the Kerrville (Negro) Tuberculosis Hospital will population 65 percent, showing the handicap under which be opened, and 102 additional Negroes accepted and hospitalized Texas labors in giving educational facilities to its children. there. An additional building bas been completed at t he State hospital I have here, Mr. President, a table showing that the enroll­ for crippled and deformed children, Galveston, Tex., but as stated ment of Negro~s in Texas in 1900 was 136,565, as compared above, we do not manage this hospital and have no accurate dat a to 224,427 in 1936, or almost twice as many ilt the period from on the number of Negroes and whites being hospitalized there. Before the building was completed it was our understanding the 1900 to 1936. total capacity was 35 to 40, with 10 to 15 Negroes, and the new Here is something to be noted: In 1900, 86 percent of all building will bring total capacity to 75 or 80 and Negro capacity to the Negro educables in Texas were enrolled in schools, while, SO to 35. Maintenance costs and plant costs cannot be given as to Negroes in 1936, 91 percent of the Negro educables were enrolled in and whites in the State institutions. We have enclosed printed the Texas schools. In 1900, only $714,081 was spent on sal­ pages taken from our eighth biennial report showing appropria­ aries for Negro schools, while in 1936 that amount had in­ tions and expenditures for each of the State eleemosynary insti­ tutions for each of the last 2 fiscal years; also inventory valuations creased to $3,602,412. In other words, from 1909 to 1936 the of all the institutions. About the only method of arriving at amount spent for salaries of teachers had incre~ed five times. approximate costs for each class would be to figure on percentage 2032 CONGRESSIONAL RECORD-SENATE FEBRUARY 16 basis as to Negro and white inmates and as to total maintenance ExHIBIT 2 expenditures and as to total inventory valuations. Statement showing white and. Negro population in the 35 Northern, The complete eighth biennial (printed) report of this board Eastern, and. Western States (including the District of Columbia) showing numerous statistical data is being mailed you under sepa­ from 1870 to 1930 rate cover (not by air mail). Respectfully yours, STATE BOARD OF CONTROL OF TExAS, Year White Negro Total By J. D. HALL, Chief, Division of Estimates and. Appropriations. 1870______1 26,945,197 J 718,767 27,663,964 Mr. President, during the course of my remarks, I have 1880______3 34, 402, 939 '948, 487 35,351,426 1890.------6 43, 759, 136 '1,080, 404 44,839,540 quoted from a number of tables, and I now ask that there be 1900______6 52, 500,392 '1, 306,987 53,807,379 printed the tables which I have indicated I would include in 1910______6 63, 674, 845 '1, 500,413 65,175,258 1920______1 73,489,755 2 2,022,025 75,511,780 the RECORD. 1930------6 84,718,040 7 3,085, 508 87,803,548 There being no objection, the tables were ordered to be printed in the RECORD, as follows: 1 97 percent. '2 percent. 6 96.5 percent. '3 percent. 6 98 percent. 7 3.5 percent. ExHIBIT 1 a 98 percent. Statement showing white and Negro population in the 13 Southern States 1 from 1870 to 1930 EXHIBIT 3 Comparative statement showing percentage ot Negro population fn Year White Negro Total the 35 Northern, Eastern, and. Western States (including the . District of Columbia), and. the 13 Southern States

2 6, 643,180 a4, 161,242 10,804,422 1870_------35 North­ 1880_ ------'9,000,031 6 5, 632,306 14,632,337 6 11, 342, 122 7 6,408, 272 17,750,394 ern, East­ 1890_------Year ern, and 13Southern 1900_ ------8 14, 308, 804 g 7, 527, 007 21,835,811 States 1910_---______: ____ ------10 17, 689, 602 ns, 327,350 26,016,952 Western States 1920.------u 20, 630, 619 13 8, 441,106 29,071,725 1,930------u 24, 146, 167 16 8, 805,635 32,951,802 Percent Percent · t Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North 1870------.------~------15 85 Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. 1880------· '- -- ~ - •• .:. ------·-'------: - 14 86 ' 61 percent. 7 36 percent. . u 71 percent. 181XL ------••••. ---•.•••. __ . _ 14 86 a 39 percent. s 66 percent. u 29 per-cent. 1900------15 85 '62 perrent. v 34 percent. u 73 percent. 1910 ___ ------15 85 • 38 percent. to 68 percent. 16 27 percent. 1920------19 81 • 64 percent. 11 32 percent: 1930.------~------26 74 ' EXHIBIT 4 TABLE III.-Comparison of -wealth, income, and. school ezpend.itures per pupil enrolled. in public elementary· and. secondary schools, by States, 1933-34

Wealth per Income per Expenditures Value of public pupil enrolled pupil enrolled for public elementary in public ele- in public ele- . elementary Rankin State and secondary Rank. in Rankin Rankin mentaryand ment~and and secondary school prop- column 2 oolumn3 column4 colnmn5 secondary secon ary schools 1 per erty per schools schools pupil enrolled pupil enrolled 2 3 4 5 6 7 8 9

Continental United States------$9,355.31 $1,898. fiT $64. 76 $250 Alabatna .• ______.__ ••• ______3,620. 06 773.12 26. 49 83 ------48" ------46------44------45~5 Arizona------11,274.71 2, 054. 96 71.80 203 19 15 17 30 Arkansas__. ______.•• ______------•• ___ _ 4,456.69 736. 11 19.86 84 44 48 48 44 California------­ 10, 596.12 3,088. 51 111.13 393 27 4 3 5 Colorado __ ·------10, 542. 00 1,659. 80 71.15 288 28 24 18 13.5 Connecticut. ____ ------12, 794.83 2,897. 97 78. 20 345 11 7 10 8 Delaware __ . . __ ...... ____ .•. ------. __ .----_. ____ .----.. 10,764.34 3, 275.92 95.12 379 24 3 6 6 District of Columbia.... ·------14,084.58 5, 224. 68 - 96.45 408 5 1 5 3 FloridaGeorgia ______------.______------_: ______5, 075.17 1,285. 47 38.35 187 41 33 39 34 4, 012.46 865.90 25.18 73 46 44 46 48 Idaho------10,322. 80 1, 229.48 57. 08 195 29 34 31 32 12, 537.79 2, 601.73 76.67 347 13 9 11 7 P~t~a=:::: : :: :::: :::: :: :::::::::::::::::::::::::::::::::: 9, 952.17 1,555. 98 61.83 254 31 28 26 1S.5 Iowa_ __. __ .----.------____ ----______14,953.42 1.,337. 79 61.99 222 2 32 25 27.5 Kansas_. . ------~ ------_ 11,575,59 1,368. 89 64.69 21)2 18 31 23 20 . 4, 603.79 987.54 27. 94 102 a u 43 42 ~~~s~~!:-~:::::::::::::::::::::::::::::::::::::::::::: 5, 818.11 1,173. 90 34.34 121 39 36 4-1 39 Maine ______------9, 500.58 2,f/16.20 52.86 198 32 14 35 31 Maryland __ . ___ .••• ______--•. __ ••• ------•• ------. 10,694.40 2,699. 38 72.76 237 25 8 15 24.5 Mas<>achusetts. ____ • _____ • _. ___ ••.. __ ------•• ----__ .• _ 12,925.01 3,014.81 91.13 502 10 5 7 1 Michigan._._._ •.•• ___ . ______------______9, 247. 57 1,886.49 70.03 343 33 21 21 9 11,964. 80 1, 621.92 70.17 271 15 25 20 16 2,818. 57 495.11 18. 93 45 49 " 49· 49 49 10,908. 05 1,924.44 56. 83 211 23 19 32 29 Montana_Nebraska.. ______------_ • __ • ______• __ _ 14,934.85 1, 621.74 75. 04 249 3 26 14 22 ~!E;ri~~~======13,108.41 1,409. 76 54.18 192 9 30 34 33 Nevada.. . . ______. __ -----•....• ---.------___ •. ------.. 21,582.08 2, 331.87 112. 16 308 1 12 2 11 New Hampshire. ______------•• ------13,962.77 2, 581.20 75.21 256 6 10 13 17 New Jersey ___ ------~ ------11, 2t9. 67 2,1i64. 99 100. 58 394 20 11 4 4 New Mexico. __------•• ___ _ 7, 249.22 1, 573.89 61.09 101 36 27 27 43 New York. __. . __ ------12,599.35 3, 766.00 124.32 427 12 2 1 2 North Carolina ____ ----______. ______.. _. ______4, 037.33 857.22 25.19 120 ·. 45 45 45 40 North0 hio ____ Dakota.______•••______------•• __ •• ______••------______.... • .:: 11,880.32 1, 061.56 59.13 230 16 39 29 26 11,238.51 2, 010. 76 76.35 291 21 16 12 12 Oklahoma_------4, 973.79 1, 013. 95 40.32 156 42 40 38 37 Oregon . . ______------__ 13,324.72 1, 792. 32 .64. 74 254 8 23 22 18.5 Pennsylvania ..•... ------11,169.61 2, 079.46 72. 19 288 22 13 16 13.5 Rhode Island __ __ ------12, 198.71 2, 942. 54 86. 30 340 14 6 8 10 South Carolina_ • • ------­ 3,897.15 752.54 24.04 83 47 47 47 45,5 South Dakota_ .. ------14,486.49 972. 39 59.58 222 4 42 28 27.5 Tennessee. __ .------5, 113.50 926.44 28. 80 79 40 43 42 47 Texas ___ . . . . . __ . . ____ ----_____ . __ . ______---______.. 5, 880.54 1,430.63 43. 84 170 38 29 37 35 Utah ___ ------8,485. 96 1, 159.51 57. 36 237 35 37 30 24.5 9, 977. 80 1, 971.29 54. 23 157 30 18 33 36 6, 604.16 1,207.117 34.59 114 37 35 40 41 ~f:~zti~~Washington---~======____ ------11,786. 49 1, 973.14 64.67 242 17 17 24 23 8,490. 45 1, 142.25 45.44 155 34 38 36 38 ;r:~!~f~~--~==::::::::::::::::::::::::::::::::::::::Wyoming______10,623.42 1, 858.51 . 70. 46 286 26 22 19 15 ' 13,905.95 1, 886.88 78.57 251 7 20 9 21 .

1 Day schools only. Does not include night, summer, and part-time and continuation schools. Sources: Data derived from table 28, Research Bulletin of the National EduCation Association, vol. XV, N o.l, 1anuary 1937. 1938 CONGRESSIONAL RECORD-SENATE 2033

EXHIBIT 5 TABLE IX.-The equalizing effect of the Harrison-Fletcher bill as TABLE IV.-Economic ability of the States to pay taxes, and educa­ reflected by percent of increase in public-school funds and by tional oppartunity offered the ratio of children to adults-Continued

Current ex- Percent pro­ posed allot­ Taxpaying penditures Rank on Rank on Number of for public opportunity ment from persons 5 to States ability per taxpaying as shown in Harrison· capita schools per ability 20 years old Index of Index of pupil en- columna Fletcher bill per 1,000 column 2 column a rolled is of present revenue re- persons 21 to ceipts for 65 years old 4 schools

Continental United Maine. __ .---. ___ . ___ . _____ ._._ .. States ______$50.80 $74.22 21.7 555 2.82 1. 39 ------Florida._------20.3 573 2.64 1.44 New Mexico ______20.2 755 2. 62 1.89 19.81 27. a7 47 45 North Dakota ______52.79 91.29 26 12 20. 0 747 2.60 1.87 !~~~;~~~=====·= ·======Kansas. __ ------18.5 573 2.40 1.44 Arkansas ___ ------23.88 24.08 45 48 Nebraska ____ .------_ •• __ . ._ .•• _ California______--. __ ---- 56.09 119.98 22 2 17.9 593 2.32 1.49 Colorado______------.- 55.82 92.84 23 10 17.7 537 2.30 1. 35 96.82 5 7 ~~~~=~======17.2 564 2. 23 1. 41 Connecticut._------71.15 South Dakota ______16.0 670 2.08 1. 68 Delaware .. ------57.41 89. 91 19 la New Hampshire ______44.78 36 37 15.8 515 2.05 1. 29 Florida .• ------35.61 Total, second 12 States.... . 18.9 601 2.45 1. 51 Georgia. ----- __ ------24.80 25.27 44 47 Pennsylvania ______Idaho______53.94 69. 90 24 29 15.8 592 2.05 1.48 lllinois______59.01 89. 85 17 14 Utah .. ------15.6 754 2.03 1.89 Minnesota..• ------. ____ _ 15.2 572 J.97 1.43 Indiana.. ___ ----_------53.09 78.78 25 20 Iowa_____ . _____ -_.------77.24 78.39 2 22 Connecticut.------..... 15.1 541 1. 96 1.36 Kansas ______73. 79 14 27 Michigan ______------. 15.1 532 1. 96 1. 33 62.62 Arizona... _____ ••... _.• _.• --•. _._ 14.9 615 1. 94 1. 54 Kentucky______24.83 32. 64 4a 42 Illinois. __ • __ • ___ • ______. ___ •.. _ 28. 62 40.88 41 39 14.8 487 1.92 1. 22 Louisiana__ .------14.6 531 1. 90 1. 33 Maine_------51.01 62.54 31 32 Indiana... ------.•.• --.• --.----- Maryland ______26 14.3 517 1. 86 1. 30 49.96 74.52 32 515 Massachusetts ______66.45 97.25 7 6 ~~~iii-1:::::::::::::::::======14. a 1. 86 1.29 Michigan ______Ioabo.. ____ . ______.• _•.. ---.-... 13.8 67a 1. 79 1.69 48.35 93.95 33 9 Washington ______...... ------Minnesota ______17 13.6 478 1. 77 1.20 62. 7a 83. 60 11.5 Total, third 12 States ______14.9 1. 94 18.39 28.18 48 44 538 1.35 31 1a. 2 557 1.71 1.40 ~I::r:~~~======52.68 65.09 27 13.2 497 1.71 1.25 Montana ______67.87 92.79 6 11 ~~&c!lii;eits::::======,, Nebraska ______12.9 561 1.68 1. 41 71.66 72.37 4 28 12.9 535 1.68 1.34 Nevada ____ ------109.33 116.54 1 4 ir?~:i!s1an·

Percentage of total State and local tax revenue required to support Total number of white children, 5 to 20 years (1930 census)--Con. education at a cost per unit of educational need equal to that for the country as a whole, 1922-32--Continued Urban Rural

Percentage of tax revenue required Total according to various measures of Number Percent Number Percent educational need State Louisiana __ ------169,504 37 290,406 63 459,910 Average Mississippi______60,196 17 301,128 83 361,324 daily at­ Population Units of North Carolina______183,496 22 668,528 78 852,024 tendance aged5to 17 need Oklahoma______222,690 28 560,983 72 783,673 South Carolina______75,592 21 285,115 79 360,707 Tennessee______------194,994 26 560,232 74 755,226 612,816 36 1,080, 644 64 1,693,460 New Jersey------23.73 23.54 21.18 TexasVirgini ___a ______------_____ New Hampshire------­ 23.52 25.87 22.28 170,404 28 443,133 72 613,537 Rhode Island------23.06 25.55 21.00 22.61 22.01 21. 32 Total for 13 Southern Connecticut_ ___ ---_------2,443, 703 29 6, 387,912 8,831, 615 Massachusetts____ ------22.47 22.38 21.27 States_------71 New York ______------___ ------18.88 19.01 18.53 Remaining 35 States and District of Columbia ______15, 556,·800 61 9, 869,619 39 25,426,419 UnitedNevada States______------_--__ ------_ 13.76 11.49 16. 14 31.27 31.27 31.27 Total, United States __ 18,000,503 53 16, 257,531 47 84,258,034 Source: School and Society, vol. 42, p. 752. EXHIBIT 9-A EXHIBIT 7 Percent illiterate in white population 10 years old and over in 13 Southern States, 1870 to 1930 Total number Negro children, 5 to 20 years (1930 census) State 1930 1920 1910 1900 1890 1880 1870 Urban Rural Total Virginia (18.5) ___ ------4.9 5. 9 8. 1 11.1 13.9 18.2 23.4 Number Percent Number Percent North Carolina (27.9) ______5. 6 8.2 12.3 19.4 23. 0 31.5 33.5 South Carolina (20.7) ______5. 1 6.5 10.3 13.5 17.9 21.9 25.8 Alabama______Georgia (23. 7) ------3.3 5.4 7.8 11.9 16.4 22.9 27.0 Arkansas ______84,164 24 272,884 76 357,048 Florida (25.5) ------2.1 3. 2 5. 5 8. 9 11.3 19.9 27.6 25,466 15 145,910 85 171,376 Kentucky (20.3) _ ------5. 7 7.0 9. 9 12.8 15.8 22. 0 26.0 Florida______61,961 44 78,401 56 140,362 Tennessee (21.5) _ ------5.4 7.3 9. 7 14.1 17.8 27.3 26.9 GeorgiaKentucky __ ------______104,004 24 323,018 76 427,022 Alabama (19.5) __ ------4.9 6.4 9. 9 14.7 18.2 24.7 24.4 29,746 44 37,204 56 66,950 2.8 3. 7 5.3 8.0 11.9 16.3 17.4 76, 102 28 200,191 72 276,293 Louisiana_------MississippL ______3. 5 4.5 7.0 11.5 16.3 25.0 25.0 39,654 10 343,001 90 382,655 ~~:!fs~1i~t)~~~======~=Louisiana (11.5) ------7. 7 11.1 14.2 18.4 20.1 18.4 19.2 North Carolina______84, 517 21 300,460 79 384,977 Oklahoma ______Oklahoma (1.7) _ ------1. 8 2.6 3. 6 7.9 3.5 ------19,220 32 41,479 68 60,699 Texas (16.1) ------____ 1.6 6. 5 6. 7 8.5 10.8 15.3 17.7 South Carolina______50,111 14 303,482 86 353,593 Tennessee ______67, 127 42 94,241 58 161,368 T exas_------93,245 31 205,962 69 299,207 Figures furnished by Bureau of the Census, U.S. Department of Commerce. Virginia ___ ------______66,289 27 183,994 73 250,283 Total for 13 Southern EXHIBIT 9-B States ______------801,606 24 2, 530,227 76 3,331,833 Percent illiterate in Negro population 10 years old and. over in 13 Remaining 35 States and Southern States, 1870 to 1930 District of Columbia ______629,640 79 167,525 21 797,165 Total, United States __ 1, 431,246 35 2, 697,752 65 4, 128,998 State 1930 1920 1910 1000 1890 1880 1870 ------EXHIBIT 8 Virginia (69. 7) ____ ------19.2 23.5 30.0 44.6 57.2 73.7 88.9 Total number of white children, 5 to 20 years (1930 census) North Carolina (64.3) ------20.6 24.5 31.9 47.6 60.1 77. 4 84.9 South Carolina (54.2) __ ------26.9 29.3 38.7 52.8 64.1 78.5 81.1 Georgia (72.2) ------19.9 29.1 36.5 52.4 67.3 81.6 92.1 Urban Rural Florida (65.5) __------18.8 21.5 25.5 38.4 50.5 70.7 84.3 Kentucky ~68.4) _ ------15.4 21.0 27.6 40.1 55. 9 70.4 83.8 Total Tennessee 67.6) _ ------14.9 22.4 27.3 41.6 54.2 71.7 82.5 Number Percent Number Percent Alabama (62.3) ------26. 2 31.3 40.1 57.4 69.1 80.6 88.5 Mississippi (63.8) _------23.2 29.3 35.6 49.1 60.8 75.2 87.0 Arkansas (65.3) __ ------16.1 21.8 26.4 43.0 53.6 75.0 81.4 146,199 Louisiana (62.6) ------23.3 3S. 5 48.4 61.1 72.1 79.1 85.9 .AlabamaArkansas ______------23 480,718 77 626,917 9.3 12.4 17.7 37.0 88,127 17 4J8,039 83 506,116 Oklahoma (29. 7) _------39.0 Texas (75.4)------13.4 17.8 24.6 38.2 52.5 -75:4------88.8 Florida------150,340 47 169,479 53 319,819 Georgia __ ------177,760 27 488, 753 73 666,513 Kentucky------191,585 23 640,754 77 832,339 Figures furnished by Bureau of the Census, U.S. Department of Commerce.

ExHIBIT 10 Number of Negro persons 10 years old and. over in 13 Southern States and the number illiterate, 1870-1930

1930 1920 1910 1900 1890 1880 1870

State Total Number Total Number Total Number Total Number Total Number Total Number Total Number number illiterate number illiterate number illiterate number illiterate number illiterate number illiterate number illiterate ------Virginia ___ ------494,429 95,148 520,657 122,322 .96.418 H8,950 478,921 213,836 455,682 260,678 428,450 315,660 362,450 322,236 North Carolina ______673,809 139,105 545,542 133, 674 490,395 156,303 437,691 208,132 392,589 235,981 351, 145 271,943 271,557 230,606 South Carolina ______Georgia ______581,085 156,065 618,928 181,422 584.064 226,242 537,398 283,883 470,232 301,262 394, 750 310,071 289,873 235,164 821,083 163,237 896,127 261,115 846,195 308.639 724,096 379,067 600,623 404,015 479,863 391,482 373, 176 343,637 Florida_------345.937 65,167 258,449 55,639 233,744 59,503 168,586 64.816 119,034 60,204 85,513 60,420 62, 746 52,894 Kentucky------185,629 28,553 192,657 40,548 210,028 67,900 219,720 88,137 197,689 110,530 190,223 133,895 156,411 131,050 Tennessee_------382,974 57,251 354,426 79,532 360,663 98,541 354,833 147,784 309,800 167,971 271,386 194,495 225,424 185,952 Alabama ______719,290 188,673 674,004 210,690 662,356 265,628 589,629 338,605 479,430 331,200 399,058 321,680 328,762 290,898 Mississippi__------765,058 177,605 703,627 205,813 727,851 259,438 638,646 313,312 516,929 314,858 425,397 319,753 304, 414 264.902 373,273 60,102 363,403 79,245 327,009 86,398 263,808 113,453 217,454 116,655 137,971 103,473 ArkanLouisianasas ______------85,083 69,222 598,258 139,393 536,362 206,730 525,450 254,148 464,598 284,028 392,642 283,245 328,153 259,429 261,849 224,993 TexasOklahoma______------______135,069 12,560 114,536 14,205 101,157 17,858 40,198 14.870 2,290 897 ------671,335 90,225 572,719 102,053 607,089 124,618 437,710 167,138 336,154 176,484 255,265 192,520 169,642 150,617

Figures furnished by Bureau of the Census, U.S. Department of Commerce. 1938 CONGRESSIONAL RECORD-SENATE 2035

EXHIBIT 11 ExHmiT 12 · Percentage of white persons 5 to 20 years old attending school in Percentage of Negro persons 5 to 20 years old attending school in 13 Southern States, 1870 to 1930 13 Southern States, 1870 to 1930 State 1930 1920 1910 1900 1890I 1880 2 18701 State 1930 1920 1910 1900 1890 1880 1810 ------Virginia (53.1) _ ------58.9 54. 0 44.3 32. 6 35.2 27. 9 5.8 North Carolina (53.1) ------60. 5 58.7 50.8 34.6 29.9 45.5 7.4 VIrginia (4() . 7). ------64.1 61.7 57. 2 48.1 51.7 49.5 23. 4 South Carolina (43.8) _ ------54. 6 59.1 43.1 25. 2 27. 5 31.2 10.8 North Carolina (45.1) ------66. 3 64.7 60. 7 45. 3 45.3 53. 0 21.2 Georgia (48.4) _------53.3 47. 4 39.7 25. 6 26. 0 30.4 4. 9 South Carolina (42.5)------65. 5 67.2 56.3 40.5 43. 1 45.3 23.0 Florida (42.9) __ ------55. 8 50. 5 41.8 35. 5 42. 3 32.1 12. 9 Georgia (37 .9) __------65. 0 62. 2 57.0 43.8 45.8 51.5 27. 1 Kentucky (54.4) __ ------63.1 59. 1 51.1 39.4 36. 4 28.2 8. 7 Florida (48.6) . _------70.7 64. 7 55.4 49.8 55.7 54.4 22.1 (51.8) ___ ------60.1 50.0 44.6 32.6 35.9 38.8 8. 3 49.1 53. 4 50.9 41.1 Tennessee Kentucky (23.3) _ ------64.4 62.4 58.1 Alabama (46.1) ------54. 9 49. 0 38.2 22. 8 25.5 32.2 8. 8 T ennessee (34.6) _ ------65. 3 65.1 58.9 ,46. 4 52.4 54. 1 30. 7 Mississippi (59.4) _. ------62.8 53.1 49. 5 32. 8 39.0 47.3 3. 4 Alabama (36.5) __ ------66. 1 63.4 55. 7 40.5 42.8 46.5 29.6 Arkansas (49.4) __------____ 62.3 51.1 45.9 33.5 36. 7 33. 7 12.9 22.7 Mississippi (52.4) _. ------75.1 72.3 .68.8 51.8 57.5 65. 8 Louisiana (48.1) ------57.2 42. 0 27. 2 18.5 19.3 19.9 9.1 Arkansas (28.0) __ ------67.7 65.0 58. 7 46.6 50.4 37.0 39.7 Oklahoma (42.1) _------68.3 57. 7 60. 4 30. 2 26.2 ------Louisiana (36. 7) ------66.9 60.3 51.3 37.6 37.5 28.6 30.2 Texas (55.5) _· ------59.8 57.8 48.5 35.0 38.3 28.2 4.3 Oklahoma (35.6). ------70.5 64. 4 64.0 43. 0 34.9 ------Texas (38.7) ____ ------66.4 57.7 55.5 43.9 47.9 30. 8 27.7 I Figures for 1890 are for all nonwhite classes, 5 to 19 years old. 2 Figures for 1880 and 1870 represent the proportion the nonwhite classes attending Percentage figures furnished by Bureau of the Census, u. 8. Department of school were of the population 5 to 19 years old, as attendance was not available by age. Co=erce. Figures furnished by Bureau of the Census, U. S. Department of Commere. ExHmiT 13 Negro persons 5 to 20 years old and number attending school, for 13 Southern States, 1870-1930

1930 1920 1910 1900 1890 I 18801 18701

State Number Number Number Number Number Non- All non- Negro All Negro Total attend- Total attend- Total attend- Total attend- Total attend- white white persons persons ing ing ing persons persons number ing number ing number number number 5-19 attending 5- 19 attending school school school school school years old school years old school ------Virginia. __ ------250,283 147,324 257, 523 139.092 260, 104 115,244 268,962 87,729 264,269 92,974 244,368 68,278 191,882 11,048 North Carolina ______384,977 232,782 314, 191 184,274 284,558 144,544 200, 755 90,201 240,591 71,950 209,225 95, 160 153,532 11,419 South Carolina ______353, 593 193, 008 370,263 218,858 356, 712 153,838 342,401 86,323 297,464 81, 803 233, 929 73,010 156,943 16,873 Georgia ______427,022 227,552 485, 703 230,122 472,738 187.757 427,741 109,615 354,447 92,105 284,782 86,623 211, 846 10,351 Florida. _------140, 362 78, 382 ll5. 215 58, 160 108,898 45,519 86,908 30, 873 65,954 27,919 48,655 15, 632 34,935 4,524 Kentucky ___ ------66, 950 42,241 71,589 42,274 87,008 44,463 104, 512 41, 161 101,065 36,819 102,587 28,920 88,458 7, 702 Tennessee. _------161,368 96, 940 160,710 so, 356 174,659 77, 935 190,925 62,319 173, 338 62,315 158,149 61,370 125, 543 10,391 Alabama______357,048 196, 194 355,367 174,278 352,692 134,706 338,980 77,407 280,869 71, 633 235,315 75,661 180, 646 15,815 Mississippi._------382, 655 240,255 374, 127 198, 523 402,194 199,095 378, 923 124, 107 315, 364 123,034 257,274 121,602 167,762 5, 738 Arkansas._ ------171,376 106,716 178,712 91,334 171, 279 78,537 148,534 49,827 126,918 46,565 79,697 26,873 44,805 5, 784 Louisiana ______276,293 158, 074 263,710 110,780 274,513 74,656 261,453 48, 251 220,690 42,576 174,201 34,642 121,467 11,076 Oklahoma.------60,699 41,464 56,863 32, 782 52, 377 31,660 21,988 6, 631 998 261 Texas ___ ------299,207 178,968 279,468 161,452 271,635 131,763 259,491 90,757 205,730 78,855 158,030 ---44~629" ---98;468" -----4:189

I Figures relate to all nonwhite persons 5 to 19, the number of Negroes 5 to 20 and the number attendmg school not be1ng available. 2 School attendance not tabulated by age in 1880 and 1870 so the figures for school attendance cover all ages. NoTE.-Figures furnished by Bureau of the Census, U. S. Department of Commerce.

ExHmiT 14 White persons 5 to 20 years old and number attending school, for 13 Southern States, 1870-1930

1930 1920 1910 1900 1890 1880 1870

State Number Number Number Number Number White All white White All white Total attending Total attending Total attending Total attending Total attending persons persons persons persons number school number school number school number school number school 5-19 attending 5-19 attending years old school I years old school! ------Virginia. __------613,112 393,163 567,021 350,095 490,453 280,681 435,612 209,441 374,840 193,655 307,943 152,455 255,854 59,792 North Carolina ______844,M2 559,606 670,430 433,596 560,229 340,323 490,782 222, 241 401,717 182,125 304,414 161,262 254,321 53,868 South Carolina_------360, 281 235,952 304,750 204, 8« 251,082 141,382 218,323 88, 344 178,919 77,169 136,425 61,832 107,411 24,692 Georgia _____ ------666,403 433,.340 625,222 388,889 525,929 299,635 457,958 200,595 377,529 172,863 292,334 150,501 248,159 67,142 Florida __------319,452 225,918 211,127 136,636 153,840 85,200 110,537 55,034 81,726 45,504 50,893 27,672 37, 307 8,254 Kentucky __ ------832.297 536,003 763,892 476,807 725,073 421,220 693,455 340,249 589,208 314,719 617,731 263,507 422,164 173,503 Tennes.;ee __ ------755,149 493,302 681,470 443,333 620,377 365,441 589,451 273,745 511,666 268,104 425,175 230,130 358,933 110,314 Alabama __------626,652 414,226 549,711 348,439 458,242 255,147 394,152 159,515 326,735 139,999 240,797 111,889 206,936 61,324 Mississippi__------360,165 270,542 323,614 233,994 294,839 202,720 253,153 131,091 216,401 124,389 175,348 115,463 147,360 33,403 Arkansas __ ------505,783 342,214 485,334 315,362 424,463 249,266 380,815 177,533 327,021 164,846 219,652 81,363 143,128 56,788 Louisiana ___ ------____ 305,741 400,849 241,758 347,121 178,029 276,563 103,914 209,544 78,514 161,955 46,370 133,221 Oklahoma ______457,263 40,183 Texas ______741,928 523, 173 672,543 432,883 528,265 337,887 257,380 110,759 19,689 6, 873 1, 427,457 948,402 1, 418,180 818,660 1,198, 012 664.499 955,906 419,643 673,627 322,787 ""427;ii7" ""i3i,"6i6" ""220;64i" ----6i;oio

I School attendance not shown by age in 1880 and 1870. NOTE.-Figures furnished by Bureau of the Census, U.S. Department of Commerce. 2036 CONGRESSIONAL RECORD-SENATE FEBRUARY 16

EXHIBIT 15 This bill provides that not ~ more than $175 shall be allowed to TABLE I.-Enrollment of pupils in Kentucky high schools, 1935-37 each person during any one school year of 9 months. The State board of education shall prescribe rules and regulations governing the granting of State aid under this act. It gives the State board 1935--36 1936-37 of education authority to prorate this sum, provided it is not sufficient to pay all legal applicants. Type of school Number of Enroll- Number of Enroll- high schools ment · high schools ment Ex:HmiT 17 Tennessee Public: White_------Colored.. ______675 101,017 663 106,799 White Negro Total 75 6,546 78 8, 711 Private __ ------83 8,173 77 8, 994 ------1------Total population·------2, 138,619 477,646 2, 616,556 TotaL_------833 115,736 818 124,504 Percent. ______.;______81: 7 18.3 ------

Children (5 to 20 years): TABLE n.-Size and number of high schools, 1936-37 Urban·------t 194, 994 I 67, 127 a 262, 121 RuraL------• 560, 232 6 94, 241 e 654, 473 County Independent Private State and 916,594 districts districts secondary municipal! Total·------755, 226 161, 363 Size based on enroll- Total t 26 percent. 3 29 percent. I 58 percent. ment '0 '0 '0 '42 percent. • 74 percent. e 71 percent . . G) G) l!! ~ l!! +" f s 0 !! 0 Facts regarding public education in Tennessee .l:l .9 .9 :E 0 0 :Ei 0 :E 0 ~ 0 ~ 0 ~ 0 ~ 0 ------Enrollment Average daily Number of elementary Below 50 ______attendance schools 108 16 2 18 17 0 1 0 162 5Q-99. __ ------180 6 30 · 14 31 1 0 0 262 Year 1()()-199.------148 1 55 16 18 0 5 0 243 200-499.------49 0 56 4 8 0 1 0 118 White Colored Total White Colored Total White Colored Total 500and above ______1 0 27 3 2 0 0 0 33 ------TotaL ______------1869 ______486 23 170 55 76 1 7 0 818 1888 ______160,749 25,728 186,477 (1) (I) (1) 3, 405 498 3, 903 326,168 85,433 411,001 220,538 58,338 278,876 5,427 1,424 6,851 1899 ______397,914 101,931 499,845 283,594 69,140 352,734 6,249 1902 ______1, 636 7,885 1 High schools operated in connection with the State University, State teachers' 385,524 99,139 484,663 274,380 67,157 341,537 5,219 1, 539 6, 758 colleges, School for the Blind, Louisville, and the Jefierson County Children's Home, 1906.------406,453 101,863 508,316 278,851 72,791 351,642 (1) (1) (1) Louisville. 1910_ ------423,947 97,806 521,753 293,487 70,466 363,953 5,893 1,423 7,316 1912_ ------438,602 101,309 539,911 299,595 69,293 368,888 5,603 1,205 6,811 1916_ ------485,238 112,396 597,634 342,508 77,673 W,281 5,624 556 6,180 ExHmiT 16 1920.------404, 016 73,396 477,412 480,910 104,912 585, 822 5,494 1,344 6,838 WEST KENTUCKY INDUSTRIAL COLLEGE 1924_ ------495,223 115,3£9 610,592 331,440 80,501 411,941 5,484 1,208 6,692 1928.------495,105 115,839 610,944 339, 015 83,707 422,722 5,163 1,196 6,359 This school is of th~ junior college organization and is grad­ 1932.------457,030 105,357 562,387 352,839 82,839 435,678 4,990 1,160 6,150 ually moving to the field of specialization in vocational training. 1936 ______445,839 99,761 545,600 343,fm 78,50.5 4.22,382 4,882 1,125 6,007 This appears to be a movement in the right direction for this particular school. The present enrollment of 152 is considered satisfactory. The Number teachers em- Number of high schools ployed Total current enrollment for the second semester last year was in round num­ expenditures bers 100. Of the present enrollment of 152, over 100 are students Year for elemen- who are new to the institution. This increase, together with the tary schools fact that so many of the present students are new, indicates that White Colored Total White Colored Total the institution is developing a program that has student drawing ------1869 ______power. 0 0 0 3,286 328 3,614 $573, 795. 74 After H. C. Russell took over the duties of the presidency, cer­ 1888 ______1899 ______0 0 0 5,875 1,564 7,439 1, 157, 930. 12 tain new policies and improvements have been inaugurated; new 1902 ______0 0 0 7,347 1, 867 9,372 (2) courses in carpentry have been put in for the men, and courses in 1,014 55 1,069 7, 771 1, 918 9,689 1, 854, 394. 72 1906 ______(1) (I) sewing and home making have been installed for the women. Con­ 1910 ______(1) 7, 938 1, 900 9,838 4, 214, 669. S7 (1) (I) (1) 1,820 siderable improvement has been made in the physical plan. The 1912______8,466 10,286 4, 402, 574. 40 boys' dormitory has been repaired and repainted inside, and an 1916 ______------111 9,148 1, 938 11,086 5, 218, 852. 30 1920 ______77 49 126 10,341 1,956 12,297 4, 535, 400. 71 apartment has been made in this dormitory to house the dean of 1924______552 22 574 9,679 1,983 11,662 5, 061, 933. 92 men and his wife. This plan eliminates many problems of dis­ 1928 ______531 15 546 11,624 2,249 13,873 11,657,793. 16 cipline. Considerable work has been done on the girls' dormitory, 634 54 688 12,511 2, 557 15,068 15, 553, 746.63 1932 ______---- 595 13,339 2, 545 15,884 particularly on the first fioor, to make the kitchens and dining 1936 ______69 664 13, 940, 929. 74 rooms more inviting and sanitary. 540 82 622 13,14.8 2,451 15,599 13, 204, 537. 13 The plan for the promotion of health and taking care of the medical needs of the students has been changed. The college now t Information not available. employs a doctor to make examination of all students entering 1 Not available. the institution and to plan the general program of health. With the installation of a new plan of business operation, the ExHmiT 18 financial affairs of the institution are much improved. This new Oklahoma plan was inaugurated at the beginning of the second semester 1936-37. White Negro Total Altogether, this college has made considerable progress in all its departments and continued improvement is expected. AID UNDER THE ANDERSON-MAYER BILL Total population------2, 123,424 172, 198 2, 396,040 Percent------88. 6 7. 2 At the 1936 regular session of the General Assembly of Ken­ == == tucky, a bill was passed known as the Anderson-Mayer bill. This Children (5 to 20 years): bill appropriated $5,000 for each of the fiscal years ending June 30, Urban------1 222, 690 J 19, 220 s 241, 910 1936, and June 30, 1937. The aid is for persons who have been RuraL_------' 560, 983 a 41, 479 e 602, 462 bona fide residents of the State for a period of 5 years and who, TotaL------783, 673 60,699 844,372 because of section 187 of the constitution of Kentucky, cannot pursue courses at the University of Kentucky or other inStitutions 1 28 percent. I 29 percent. • 68 percent. at which courses are offered. • 32 percent. • 72 percent. 1 71 percent. 1938 CONGRESSIONAL RECORD-SENATE 2037

TABLE 27.-State of Oklahoma, showing the cost of maintaining ExHmiT 19 the schools in all types of districts for both races and the State of Oklahoma--General fund expenditures, enumeration, unnuaZ per capita cost, 1921 enrollment, average daily attendance, and the cost per pupil [Ninth Biennial Report, 1922] enumerated, enrolled, and in average daily attendance for the several types of districts during the year 1935-36 Per capita cost Cost of maintaining schools based on enroll- for- ment of- Per capita cost based Classes of districts Janu- Aver- on- ary age Whites ;Negroes Whites Negroes Type of district General fund 1936 Enroll- daily Aver- expenditures enu- ment at- Enu- age --- mera- tend- mera- Enroll- daily Independent ______.. ______tion ance tion ment at- Village ______$11, 385, 842. 78 $582, 710. 40 $48. 57 $31.40 tend- 1, 583, 752. 86 75,273. 28 32.31 19.44 ance Consolidated------1, 326, 817. 04 29,601.66 42.78 . 19.55 Union graded ______330,281.73 3, 235. 17 32.70 11.00 -- Ungraded ruraL ______6, 779, 380. 97 373,384.71 28.16 17. 54 White: Independent ______$16, 472, 190. 10 364,084 352,441 281,067 $45. 24 $46.74 --- Dependent______$58.61 21, 406, 075. 38 1, 064, 205. 23 37.87 24.10 9, 478,674. 83 330,345 256,600 180,473 28.69 36.94 52.52 TotaL------Dependent (sep.) __ 12,744.54 691 1407 1243 18. 44 31.31 52.45 TotaL ______25,963,609.47 695,120 609,448 461,780 37. 35 42.60 56.23 Cost of maintaining the schools in Oklahoma during the year Negro: closing June. 30, 1919 Independent. ______. 15,386.38 373 2 834 J 662 41.25 18.45 23.24 Dependent.------102, 198.04 4, 384 3,553 2, 754 23,31 28.76 37. 11 Independent (sep.)_ 1, 397, 631. 41 31,596 28,504 21,401 44.23 49.03 65.31 Per capita cost based Dependent (sep.) ___ 598,473.28 on enrollment 19,569 16, 630 11,377 30.58 35.99 52. 60 Total Negro ______Schools for Schools for Total expended 2. 113, 689. 11 55,922 49,521 36, 194 37. 80 42.68 58.40 whites Negroes Aggregate __------28,077,298. 58 751,042 658,969 497,974 37.38 42.61 56.38 Whites Negroes 1 Many enumerated pupils transferred to other districts. --- 2 Many pupils transferred to this district from other districts. f Total (1919) ___ $15,176,845. 75 $720, 972. 49 $15, 897, 818. 24 $29.20 $17.08 NOTE.-This table is to be used in the Seventeenth Biennial Report of the State Superintendent of Public Instruction to be issued Dec. 1, 1938. ExHmiT 20 Texas

1883-84 1889-90 1900-1901 191Q--ll 192o-21 193Q--31 1935-36

White Colored White Colored White Colored White Colored White Colored White Colored White Colored ------Scholastic population __ 203, 176 71, 474 379,879 108,763 547,479 159,067 756,770 192,236 1, 054,550 243,441 1, 314,442 254,537 1, 313,694 245,161 Number enrolled ______179,002 54,719 261,381 93,054 518,202 136,565 726,246 163,115 957, 146 202,773 1,095,350 214,396 1,140,200 224,427 Number of schools _____ 5,457 1, 774 6,823 2,242 8, 505 2,604 9,382 2,286 9,089 2,310 9,985 2,350 5,929 1,598 Number of colleges _____ (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) Number of teachers ___ 5,858 1, 729 . 7,623 2,260 12,247 3, 127 18,062 3,215 23,713 3, 719 40,182 5,429 4,159 5, 967 Salaries paid ______{') (2) $1,519,980 $395,104 $3,439,189 $714,081 $6,979,602 $517,650 $26,547,820 $2,675,840 $45,700,497 $3,703,120 $42,867,840 $3,602,41:.1

1 Do not have the information, but they are increaswg and are tmprovwg (consolldatmg gradually). J Not avatlable.

MESSAGE FROM THE HOUSE Mr. OVERTON. It is a bill to exempt from taxation cer­ A message from the House of Representatives, by Mr. Cal­ tain property of the Society of the Cincinnati, property lo­ loway, one of its reading clerks, announced that the House cated in the city of Washington. It is property which is had passed a joint resolution (H. J. Res. 591) making appro­ to be transferred to the Society of the Cincinnati to be used as a national museum, in which are to be placed historic priations for the control of outbreaks of insect pestsr in which it requested the concurrence of the senate. records and relics, especially relating to the Revolutionary War. It is to be presented to the society by Mrs. Larz Ander­ HOUSE JOINT RESOLUTION REFERRED son, widow of Larz Anderson, who was Ambassador to Japan The joint resolution