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Home , American Liberty League, Eleanor McGovern, Enterprise (1855)

1935 CONGRESSIONAL RECORD-SENATE 12451 PUBLIC BILLS AND RESOLUTIONS The legislative clerk called the roll, and the following Under clause 3 of rule XXII, public bills and resolutions Senators answered to their names: were introduced and severally referred as follows: Adams Costigan Lewis Reynolds Ashurst Dickinson Logan Robinson By Mr. BROWN of Georgia: A bill

REPORTS OF COMMITTEES Legion, Klamath Falls, Oreg., for use on camping trips for Mr. SHEPPARD, from the Committee on Military Affairs, boys; to the Committee on Military Affairs. to which was referred the bill (H. R. 7199) to provide for By Mr. BULOW: · the donation of certain Army equipment to posts of the A bill for the relief of John Walker; mitted a report thereon. A bill CS. 3372> to provide funds for cooperation with the Mr. CONNALLY, from the Committee on Public Buildings public-school district at Hays, Mont., for construction and . and Grounds, to which was referred the bill for the relief of Henry Thornton Meri­ and for other purposes, was read twice by its title and wether; to the Committee on Finance. ref erred to the Committee on Interstate Commerce. By Mr. MINTON: AMENDMENTS TO TAX Bll.L A bill to provide revenue, equalize taxation, and guished Service Crosses to Pleas E. Greenlee and George L. for other purposes, which were referred to the Committee Robins

RESOLUTION -CONGRATULATING HIS EXCELLENCY, THE GOVERNOR GENERAL, Frank Murphy has endeared himself 1n the Filipino heart FOR HIS APPOINTMENT AS FIRST HIGH COMMISSIONER OF THE UNITED because he is honest and sincere and because he is the personi­ STATES IN THE PHILIPPINES fication of everything the Filipinos have learned to love and Whereas His Excellency, Governor General Frank Murphy has admire in that which they know as genuine Americanism. been nominated by President Franklin Delano Roosevelt as the first REVISION OF COPYRIGHT ACT-LETTER FROM SENATOR M' ADOO TO High Commissioner of the United States for the Philippines, and MR. IRVING BERLIN said nomination has just been unanimously confirmed by the Senate of the United States; Mr. McADOO. Mr. President, I ask unanimous consent Whereas no happier selection could have been made by the Presi­ to have printed in the CONGRESSIONAL RECORD a letter which dent .in view of Governor Murphy's br1lliant record in the Philip­ I addressed on the 2d of August this year to Mr. Irving pines, in that he has endeared himself to Filipinos, Americans, and foreigners alike by his devotion to duty, his high ideals, his clean Berlin in relation to the copyright bill, together with the manhood, his sense of absolute justice, his solicitousness for the exhibit.s attached thereto. welfare of the masses, his adherence to a sound policy of economy There being no objection, the letter and exhibits were and a balanced budget, his successful work in the United States in laying the foundation for the approval of the Constitution of the ordered to be printed in. the RECORD, as follows: Commonwealth of the Ph111ppines, as well as the basts for mutually , beneficial economic relations between the United States and the COMMITTEE ON PATENTS, Philtppine Islands; and above all, his.sympathetic understanding August 2, 1935. of the needs, ideals, and longings of the Filipino people; and Mr. IRVING BERLIN, Whereas his appointment is an added assurance of sympathetic Hollywood, Calif. consideration of the problems that will confront the Flltpino DEAR MR. BERLIN: Your telegram of July 16 was received and, of nation during the transition period, preparatory to its independent course, given careful consideration. Your objections to the copy­ status: Now, therefore, be it right bill, S. 3047, have been studied, and I reply at some length Resolved by the members of the cabinet, To congratulate, as they because I believe that you and your advisers have seriously mis­ do hereby congratulate, His Excellency, the Governor General for interpreted the b111. Just as I appreciate your criticisms, I trust his well-deserved appointment and to wish him at the same time that you in tum will be assisted by my explanations. complete success in his new commitment. I hope that you will give particular attention to them, because Approved at the special session of the cabinet, July 3, 1935. as a fellow writer, and a friend of every creator of literature, (Sgd.) J. RALSTON HAYDEN, music, and art, I am anxious that neither you nor any other Vice Governor. creators of literary and artistic works should be Inisled into argu­ (Sgd.) TEoFllO SISON, ing against this bill by information which is one-sided or inac­ Secretary of the Interior. curate. This b111 seeks to accomplish exactly the reverse of what (Sgd.) JOSE Yu10, many seem to think that it ts intended to do. If you, on further Secretary of Justice. consideration, continue to doubt the desirabillty of the l>ill, I (Sgd.) RAMON TORRES, request you to write me again, setting forth your diffi.culties as Secretary of Labor. specifically as possible. {Sgd.) ELPIDIO QUIRINO, Before commenting on the separate points of your telegram, I Secretary of Finance. should like to say, parenthetically, that I have been surprised to ( Sgd.) ANTONIO DE LAS ALAS, observe that only a few authors recognize the numerous provisions Secretary of Public Works and Communications. written into this bill at the direct request of the authors' repre­ (Sgd.) EULOGIO RODRIGUEZ, sentatives. As these provisions may not be generally known to Secretary of Agriculture and Commerce. authors, I enclose a copy of a mimeographed document entitled "New Advantages for Authors in the Copyright B111 ", which enumerates most of them. A RESOLUTION PASSED BY THE PHILIPPINE DEPARTMENT OF THE A copyright bill, as you, of course, appreciate, must be to a AMERICAN LEGION IN CONVENTION ASSEMBLED JULY 4, 1935 large extent a compromise. The varying private interests which Whereas the Honorable Frank Murphy, a member of the American are concerned with legislation of this sort make such a compro­ Legion, has for 2 years served as Governor General of the Philip­ mise inevitable if a reasonably fair and just enactment is ever to pine Islands with a sole regard for the honor and welfare of the be reached. In the case of a compromise no interest can obtain United States and the Philippines; and everything that it asks for. It is true that the representatives of Whereas in his administration of the government he has mani­ authors' organizations .asked for some provisions which the Com­ fested the highest characteristics of American statesmanship, and mittee on Patents did not feel that it could include in the bill, but in his relations with the people of the Phllippines has won the it remains true that on balance there is every reason to believe that admiration and respect of every element in the national com­ every individual interest w111 be a gainer as compared with the munity: Therefore be it present law. This is in part because the bill is calculated to bring Resolved, That the Philippine Department of the American Le­ the law into line with present-day developments and to eliini­ gion in convention assembled expresses its appreciation of the nate provisions which now adversely affect all interests, especially service that Comrade Frank Murphy has rendered as Governor the public interest. General of the Phtlippine Islands, and its gratification that he (1) You state that the bill removes the Ininimum-damage pro­ has been appointed by the President of the United States to be vision embodied in the existing law and that this change will the first High Com.missioner in the Philippine Islands; and be it work a hardship upon the little fellow. further The pending b111 does indeed remove the stated minimum­ Resolved, That copies of this resolution be sent to the President damage fee of $250. The reason for this is that persistent com­ o! the United States, His Excellency Governor General Murphy, plaints have been received by Members of Congress from all parts and to the national convention of the American Legion. of the country to the effect that this provision of the present law is used to bring undue pressure upon little fellows who are users of copyrighted works to require them to take out costly licenses if [From the Ph111ppines Herald, July 4, 1935) ther wish to continue such use. OUR LEADER'S TRmUTE But the bill does not leave the author or composer unpro­ It is but fitting and proper that on the eve of the celebration tected. It provides definitely that there shall be what is in effect of the glorious Fourth, the leader of the FiUptno people, the a provision for minimum statutory damages. The court before president of the Philippine Senate, Manuel L. Quezon, on the fioor which a case asking for such damages is brought must, under of the senate, should pay a. tribute to Governor General Frank mandate of the blll, make an award suffi.cient to stop infringe­ Murphy, first American High Com.missioner in the Philippine ment. The amount ts left to the discretion of the court because it Islands. ts not believed that it is possible to fix in a statute an amount In the person of Frank Murphy is epitomized America's work that will be in all cases just. There is fully as great a possibility 1n the Philippines. He represents the highest type of American of obtaining a verdict, and hence of assuring to the poor author manhood and he embodies 1n his personality the true spirit of his costs, as there is under existing law. There is nothing to sound Americanism. prevent the award of attorney fees; moreover, the terms of the bill To quote President Quezon " • • we know that none of practically assure substantial damages if substantial infringement his predecessors can excel him in his sympathetic understanding of is proved. But the bill does not offer returns disproportionate to our problems, in his devotion to his duties, in his love of justice, the infringement, as does the present law. in his courage to fight the wrong man. No American has landed You wlll, I am sure, recall in this connection th.at 1llegit1mate on these shores, whether in the Government service or out of use of copyrighted works may be the act of all manner of people, it, who has a. more sincere affection for the Filipino people, a from the street-organ grinder to the world-wide broadcaster. better appreciation of their virtues, more faith in their abllity, Obviously a damage fee of $250 would be absurd in the case of a and a. greater interest in their welfare, than Frank Murphy." single tune in a crossroads dance hall, just as the present maxi­ It is difficult to improve on that tribute paid Governor Murphy mum of $5,000 might be wholly insufficient in the case of a conti­ by the acknowledged leader of the Filipino people. One can only nental hook-up. Accordingly, the minimum amount ts left to the wish that Frank Murphy could be retained in our country to court and the maximum amount is quadrupled, from $5,000 to continue as the representative of the United States long after $20,000. the Commonwealth had been inaugurated, for at no time in the At the same· time, the b111 undertakes to encourage a concen~ history of the Philippines do we stand more in need of a true tration of payments and to discourage more than one payment for American to help us and give us the right slant on American the same use of the copyrighted work. Thus, if a broadcaster pays attitude toward us than during the first years of the Common~ for the right to broadcast, it 1s not deemed to be generally sound wealth. procedure to require the owner of a receiving set to be liable 12456 CONGRESSIONAL RECORD-SENATE AUGUST 5 also. The bill makes an exception of this rule, however, in cases treaty, brings this protection. (The enabling provisions are scat­ of the use of receiving sets or other such instruments by profit­ tered through the bill.) seeking establishments whose customers are clearly charged for (2) Divisibility (S. 3047, p. 27, line 23 to p. 29, line 8): At the music or other entertainment so received. , Theaters which present assignment of copyright normally means the entire display sound pictures, the scores of which include copyrighted copyright; moreover, in case of published works, copyright is nor­ music, must pay the owner of the copyright, notwithstanding the mally obtained by the publisher. Therefore the publisher, not fact that the motion-picture producer has paid for production the author, o:wns it and may co~trol all the uses of it, such as rights. Dance halls, as well as restaurants that make cover or future broadcasting and motion-picture rights. The bill specifi­ similar ·charges, must, if they use broadcast music, or any sort of cally recognizes the right of an author separately to assign . to "canned" music, pay the copyright owner just as though they different purchasers as many component parts of copyright !l-5 he employed their own orchestras. The bill will not affect the present may find profitable, for such localities and for such periods o! practice of tak.ing out licenses for the purpose of using copyrighted time as he may desire. This reform, the value of which is en­ music. This seems a fair compromise in the interest of all hanced by the right accorded in the bill to copyright unpublished concerned. manuscripts, has for many years been a leading objective o! I enclose a m.imeographed document entitled " Remedies for authors. Infringement of Author's Rights", which shows how extensive (3) Copyright in unpublished works (p. 8, line 22 to p. 9, are the remedial measures provided for. The pending bill is be­ line 16): Under the present statute, books and most qther kinds lieved to offer more adequate as well as more satisfactory safe­ of literary works cannot be copyrighted until they are published. guards against infringement than does the present law. The The bill provid_es for- copyl;ight ,. ln all the writings of an author, present law is known to work injustice and the bill · offers to regardless of publication. This gives to authors a large measure authors a medium whereby damages can be adjusted in a manner of protection and large tactical advantages in dealing w.ith those that is just both to ·the plaintiff and . to th-e defendant iu an who purchase their works. -infringement case. A law the enforcement of which the courts con­ (4) Right of radio broadcasting (p. 4, lines 7-9): The bill sider unjust is seldom a good thing even for its nominal bene­ amends the law so as specifically to recognize that the author ficiaries. shall have control of the broadcasting of his work. , . (2) You state also that the bill would enable broadcasters and ( 5) Right of public delivery or recitation (p. 2, lines 15-16) : other users of music for profit to help themselves to works w.ithout The bi11 similarly amends the law w.ith reference to these subjects. any worry of penalty for infringement. (6) Single term of 56 years (p. 12, lines 17-19): The present As remarked above, the bill undertakes, while making certain law provides for 28 years, with right of renewal. The renewal is changes in the present law for the purpose of maintaining justice, often lost through inadvertence, hence the single term promises to give full and adequate protection to authors. The increased increased protection. maximum of damages without proof of loss is an instance. The (7) Copyright of works in magazines (p. 4, lines 11-15) : The provision designed to encourage centralization of . payments in bill gives the author of a work in a· copyrighted periodical or other ·broadcasters and others, instead of scattering ·them so broadly composite work all the rights he would have if his contribution among vast numbers of owners of receiving sets, ought in the long were separately copyrighted in his own name. run, if for no other reason than because it envisages better busi­ (8) Registration of composite works (p. 8, lines 14-19): The bill ness methods, to be no less advantageous to composers than it is provides s1milarly ~ wtth reference to reg.istration. to their customers and to the public. Simplification of this kind (9) Errors not to invalidate (p. 11, line 20, to p. 12, line 5): usually results in greater advantage for all concerned. The fact The present law with respect to notice of copyright is liberalized that it is advantageous to users of music does not make it dts­ in this respect. · advantag-eous for the creators. (10) Importation for individual use (p .. 25, lines 9-10): Not­ (3) You state that the bill grants to foreign authors and com­ withstanding the general prohib.ition against importation of copjes posers rights which are denied to· American authors. This is an of books by American authors copyrighted in the United States, the inacc.urate assertion. The bill, as you recognize, has a primary bill allows the authors thereof to bring in for their own use five purpose, the alteration of American copyright laws so as to con­ copies of foreign editions. form .to the requirements of the convention for the protection of (11) Correction of errors (p. 29, lines 12-15): Th.ls provides for literary and artistic works. The convention and the bill are en­ the correction of .erroneous copyright·entries. tirely reciprocal. They provide for American authors protection of . (12) Authorship of employees (p. 30, lines 18-25): The bill rec­ their copyrights in other countries and they provide for the au­ ognizes that employees are authors of the works they produce for thors of other countries protection of their copyrights in the hire; employers are merely assignees. Authors working under com­ United States. I attach a mimeographed statement, entitled m.ission are not ordinarily employees. " Equality of Treatment in Copyright ", which undertakes to ex­ ( 13) More detailed enumeration of subject matter of copyright plain this feature of the blll. No right enjoyed by America_n (p. 5, lines 4-6, 9-10, and 11-14) : These specifications are not in authors is taken away. On the other hand, protection of Ameri­ the present law. They amplify the protection of authors. can authors in other countries is definitely enhanced. (14) The author has exclusive rights (p. 1, lines 1-11): The (4) You state that the bill "will tend to encourage more usage present law provides that " any person entitled thereto " shall have of foreign works when American writers are in tirgent need of the exclusive right to copy. The bill specifies that it is authors every encouragement possible." who have copyright-a recognition which the authors were deeply I confess myself at a loss to understand the idea back of this concerned to obtain. statement. The only possible connection with such an idea which I can find in the bill lies in the fact that there will be increased REMEDIES FOR INFRINGEMENT OF AUTHORS' RIGHTS copyright protection for foreign authors and composers. Increased The copyright law lays down affirmative rights for authors. copyright protection certainly does not mean that they can, with These rights are measurably increased by the pending bill (S. greater facility, sell their works in this country. It does mean that 3047). The· law also provides for remedies in case these rights are they can more readily prevent piratical usage of their works. infringed. The · bill adapts these remedies to modern conditions Inadequate copyright protection frequently has been known. to re­ and, in so doing, strengthens them and increases their protective sult in the use of foreign literature and ar~ by publishers, and va­ rious imiustries, because they can do so without paying the au­ power for the benefit of authors. thor. Competition between the unpaid foreign author and the The remedies against infringement which the law, as amended native author who naturally demands payment, may be and at by the bill, will provide are as follows: times has been intense. The pending copyright bill will effec­ ( 1) Actual damages resulting from infringement. There is no .tively protect the American author against that sort of competition. limitation upon the amount recoverable . (2) Award of the profits accruing to the infringer. . If alleged advantage to the foreigner is the argument against (3) Statutory damages, to be awarded on proof of infringement the copyright bill, all our authors ought to be for it. I of copyright, w.ithout the necessity of proof of damages, up to a. With best wishes, am sincerely yours, maximum of $20,000. W. G. MCADOO. (4) Injunction against the consummation or the repetition of an infringing act. NEW ADVANTAGES FOR AUTHORS IN THE COPYRIGHT BILL (S. 3047) (5) Impounding of infringing articles and instrumentalities of (See also Report of Committee on Patents (No. 896), pp. 2-3 infringement. and &-6; Report of Comm.ittee on Foreign Relations (Executive ( 6) Criminal action against the infringer. No. 4) pp. 15-16.] Discussion of- these remedies has been concerned chiefiy w.ith In the preparation of the copyright bill, the Authors' League of statutory damages and with the right of injunction. America was accorded more conferences, and more extended and STATUTORY DAMAGES careful attention w·as given to their requests than ih the case of any other interest. Numerous provisions of the bill-probably as Statutory damages constitute an extraordinary remedy, a special far-reaching and important as in the case of any other interest-­ protection which the law provides for the owners of copyrights were inserted because of the known views of the Authors' League and industrial property. The existing copyright law specifies, in or at the direct instance of the league's representatives. These respect of most types of infringement, a m.inimum of $250 and a reforms for the improvement of the authors' situation and the max.imum of $5,000. The bill does not specify a m.inlmum, but increase of their rights are principally as follows: raises the maximum to $20,000. ( 1) Protection in other countries: American authors and com­ The omission of the $250 min~um award on proof of infringe­ posers are deeply concerned about protection of their works in ment, without proof of damage, grows out of its w.ide-spread use other countries, where they have, potentially· at least, very lucra­ not as a remedy but. as a means of stimulating the sale of U~enses tive markets. The representative of the American Society of Com­ to use copyright material. The objectives of the infringement posers, Authors, and Publishers has testified that such protection provisions of the copyright law are to stop infringement and com­ is vital to the future of the creative arts in this country. The p.en..sate _tbe .authpr. _These are the only object.Ives. There has bill, which furnishes enabling legislation for the pending copyright been much dissatisfaction on the part of Federal judges ~t ~lng 1935 - CONGRESSIONAL RECORD-SENATE 12457 obliged to impose damages of $250 when, as often· occurs, the from it and cannot, like native authors, readily ·comply with the defendant obviously has committed no offense t:omparable with formalities. · The bill holds out to them, however, inducements to such an imposition. register their works and amx notice of copyright by providing The bill, accordingly, eliminates the fixed minimum, but cll­ much greater remedies for infringement if these formalities have ·rects the· courts to impose statutory damages sufficient to stop in fact been complied with. infringement, and such as are just, proper, and adequate in view The public and the user of copyrighted works are deserving of of the circumstances of the case. The maximum has, on the consideration. From their point of view registration is desirable. other hand, been quadrupled, because new inventions and new Copyright is a monopoly. The Constitution specifies that it is to methods, such as the Nation-wide hook-up, have made possible be enjoyed by authors for limited periods. These periods come the use of copyrighted works on a unprecedented scale. The to an end. Registration not only furnishes some guide as to the courts may find the increased sums necessary to stop infringe­ works in which copyright is currently claimed, but helps a prospec­ ment and compensate the authors in such cases. tive user of a literary or artistic work to know when copyright · The Authors' League has been fearful lest the lack of assurance has expired. of a definite award, like $250, would deter poor authors from seek­ The assertion has been made that registration is unimportant ing remedies through court action. This fear is believed to be because anyone knows whether a literary or artistic work belongs unwarranted. Federal judges, ·realizing the greater flexibility and to him or whether it does not, hence he should not copy it until greater possibilities for doi.ng just-ice under the bill may be ex­ he has received the author's permission. Such an assertion is pected to enforce it with zeal. They must, under mandate of the inexact. Works in which copyright has expired or is not claimed proposed -law, award damages sufficient to stop infringement. So do not belong to anyone who cares to use them. It is good 1! the infringement is worth· anything at all to the infringer, the public policy to keep as careful account as practicable of·the works court must award something. Moreover, as stated, the award must that are protected by the copyright monopoly and of those that be just, proper, and adequate in view of · the circumstances' of are not. The use of works of foreign authors is relatively unusual the case. and unimportant in this country, and omission of compulsory The present -law obviously works-injustice. The bill provides for registration for them is not too high a price to pay for the privi­ a just method of protecting authors against infringement. That is lege to American authors of automatic copyright in other coun­ the essentia~ reason for the change. - tries. There are plenty of precedents in current practice for re­ quiring registration of the home authors while not requiring it of INJUNCTIVE RELIEF authors entitled to automatic. cop¥1"ight under the treaty. · Injunction is a drastic _remedy and should itself be used with · Efforts of American authors to obtain unlimited automatic copy­ restraint. Both the present law and the bill tnclude injunction right have always failed and have no present prospect of success. among the remedies for infringement of copyright. . Both the pres­ It· is desirable to observe carefully the working of a law which goes ent bill and all the other bills that have recently ll!ade he:;i,ct.way in part way toward the goal. · It may be that, having gone part way, Congress contain specified-exceptions to the full exercise of injunc­ there-will appear arguments not now apparent for further move­ tion. The fact that S. 3047 enlarges the field of copyright for the ment in the· same direction. The present bill (S. 3047) carries benefit of authors argues for enlarged circumspection with refer­ American authors forward a long way toward many of the things ence to injunction. they desire. It offers them -a large balance of advantage as com- The users of copyrighted works urge that injunc_tion under . pared with the present law. certain circumstances may cause them losses out of all- propor­ tion to the loss which t~e author would suffer if infringement MILBURN, THE BLIND MAN ELOQUENT occurred. Authors have banded themselves together into or­ ganizations, so as to multiply their individual financial. capacity Mr. BYRNES. Mr. President, I ask to have printed in the and influence. An authors' organization migh~ be able to put RECORD a story from the Christian Advocate with reference up the necessary bond to restrain the publication of a great to the service of -Rev. William Henry Milburn as Chaplain newspaper, already on the press, because some contributor, neces­ of ·the United Stat.es Senate. sarily of a very small portion of the contents, alleged that his copyright was being violated. _ . . There being no objection, the matter was ordered to be Publishers feel that the law should be changed so as to prevent printed in t_he RECORD, as f ollo~s: such possibility. Broadcasters take the same view with reference - -~ [From the Christian Advocate) to their programs about to go on the air. Motion-picture pro­ ducers and operators take the same view with reference to pic­ MILBURN, THE BLIND MAN ELOQUENT tures in process of production · and distri-bution. The public By_John Tevis Hearn undoubtedly takes the same view with reference to the appear­ William Henry Milburn, a southern Methodist preacher who was ance on schedules of its news, broadcasts, and movies. They chaplain of the United States Senate in 1845, is now an almost feel that it is more just that the author, who of course would forgotten man, whose life story was a blending of tragedy and have his other remedies, including unlimited damages, should comedy. When a boy of 5 he lost the sight of one eye. A boy take a chance on infringement than they should run such risks. threw a piece of glass which struck him in his right eye. After Any copyright law, by its·very nature, grants a monopoly. Monop­ 2 years of suffering, imprisonment in a dark room, and agony of olies should be exercised in such a way as not to interfere with the treatment to save his eye, he came through with the loss of the just rights of other people. his eye. On the whole, the publishers and the others seem, in this William. resisted his call to preach, feeling that his youth and instance, to have the better of the argument. The Committee on inexperience, his lack of education, and want of vision were too Patents, which necessarily had to .consider all sides of the matter heavy· a handicap. Of this he said: " It is a solemn ordeal when and to try to arrive at the nearest possible approach to equity one ceases to be a_youth; when he is to leave tlae shelter of his for all concerned, especially the general public, finally decided father's house and the pitiful tenderness of his mother to take t.o make the limitation in question on _the right to injunctive upon himself the responsibilities of life." relief, provided always that the defendant was ignorant of the But he mounted his horse for a life of wandering. He had a pair fact that he was infringing, or about to infringe, and that he is of saddlebags stuffed with books and clothing. "It had been .ar­ solvent and able to pay adequate damages. Otherwise, injunction ranged that I was to travel with the license of an exhorter in com­ may issue as heretofore. pany with my venerated friend, Mr. Peter Akin. He wa>S a presid­ There would seem to be no likelihood whatever of any substan­ ing elder, having a sort of supervision over a dozen charges tial diminution of relie! to authors under this proposal. There is located within a circuit of. near 500 miles. Mr. Akin, for learning real danger of heavy losses to ·the authors' customers, .the con­ and power as a preacher, was without a peer. He would 'hold sumers of copyrighted works, unless the change is made. forth ' for 25 hours. One night, after he had been preaching 2 hours, he noticed a man in the congregation taking out his watch. Mr. Akin said to him: ' Put up your watch; it is not bedtime yet.' EQUALITY OF TREATMENT IN COPYRIG~T . Another time when the sermon was protracted a man started to The pending copyright bill (S. 3047) is based on the twin prin­ leave the church, when the preacher shouted to him: 'Hold on, ciples of equality and reciprocity in. respect of American authors I'm not through yet.' , The man retorted: •Go on, sir; I'm just· and the authors of other countries. It paves the _way _ for the going to dinner. I'll be back before you are through.' " enforcement of the general copyright treaty under which Ameri­ An episode in the life of our blind young preacher is told in his can authors will be entitled to what they have so long and so own language: valiantly striven for, copyright without.formality (in other words, "We left Cincinnati on the steamer Hfbernia. The boat was. automatic copyright) in all the countries of the copyright union. crowd~d. Among tlie passengers there was a considerable number Equally and reciprocally, the bill and treaty provide for copyright of Congressmen. I canµot say how much I was shocked and how without formality in the United States for authors under the indignant I became at discovering that not a few of these repre­ jurisdiction of those countries. sentatives of .the people of the United States swore outrageously, In each ca'!:ie the provision takes care of the essential need. played cards day and night, and drank whisky in excess. On Sun­ American authors need automatic copyright in other countries day morning a committee of the passengers waited on me to know because it is impracticable for them to comply with formalities in if I would preach to them. Never did I say 'Yes' more gladly. distant places. They do not especially need it at home because A congregation of nearly 300 assembled, and I took my stand. I they have always registered -their works at- the Copyright Office, had never spoken under such circumstances before, but preached as have become used to it, and know the procedure. · The bill takes well as I could, which is not saying much. At the close of the nothing away from American authors that they now enjoy. It discourse proper I said to the Congressmen: 'I must tell you that assures to American authors automatic copyright in nearly 50 as an American citizen I feel disgraced by your behavior. As a countries. ,preacher of the gospel I am commissioned to tell you that unless _ Similarly, it gives to authors of other countries automatic copy­ you renounce your evil courses, repent of your sins, and believe right in this country, where they need it, because they are distant upon the Lord Jesus Christ, you will be damned.' LXXIX--785 1245~ CONGRESSIONAL RECORD-SENATE·· AUGUST 5: "At the close of the serm<>n I retired to my stateroom to con­ here now to share the pleasures of the day and receive th& sider my impromptu address and whether, 1f called to a reckoning plaudits of this people. God grant that each of them are receiv­ for it, I should be willing to abide by it and its consequences. I ing as their reward for their labors while on this earth a home in came to the conclusion that nothing had been said of which I Heaven. ought to be ashamed, and I would stand by every word of it, let The official record of the introduction and passage of the act the issue be what it might. While thus cogitating there was a tap which gives to you this beautiful and wonderful structure is as at the door. A gentleman entered, who said: 'I have been re­ follows: quested to wait upon you by the Members of Congress on board, "UNITED STATES SENATE, who have had a meeting since the close of tbe religious exercises. "OFFICE OF THE SECRETARY, They desire me to present you with this purse of money (handing "LIBRARY, me between $50 and $100) as a token of your sincerity and fear­ "Washington, D. C., July 2, 1935. lessness in reproving them for their misconduct. They also desire me to ask 1f you will allow your name to be used at the coming " BRIDGE ACROSS PEEDEE AND WACCAMAW RIVERS NEAR GEORGETOWN, S. C. election of chaplain for Congress. If you will consent to this, they " S. 4182, Seventy-first Congress, second session, granting the are ready to assure you an honorable election.' Quite stirred with consent of Congress to the County of Georgetown, S. C., to con­ this double messa.ge, I asked time for quiet reflection. As the boat struct, maintain, and operate a bridge across Peedee River and a neared Wheeltng my decision was asked. I assented to their pro­ bridge across the Waccamaw River, both at or near Georgetown, posal. They went forward to the Capital. I tarried-in Wheeling to s. c. preach. By the agency of my new friends I was, in due time, "By Mr. Elease; referred to Committee on Commerce, introduced elected. Their money paid my expenses to Washington and I April 16, 1930 (CONGRESSIONAL RECORD, p. 7104). entered upon my duties as Chaplain to Congress. "Reported with amendments (S. Rept. 534, 71st Cong., 2d sess.) " Called thus unexpectedly to fill a novel and representative and passed Senate, as amended, April 25, 1930 (CONGRESSIONAL position, I found myself sorely perplexed as to the course I should RECORD, p. 7706). pursue. Moreover, as one virtually blind, I occupied the most ".The PRESIDING OFFICER (Mr. Jones in the chair). important conceivable position before an audience. When I first "BRIDGE NEAR GEORGETOWN, S. C. stood in the Vice President's place to open the deliberations with prayer, the solemn hush that pervaded the room betokened the "Mr. DALE. From the Committee on Commerce I report back grave decorum of the 50 men who stood with their gray heads favorably with amendments the bill (S. 4182) granting the con­ bowed reverently as a beardless boy commended them to the care sent of Congress to the county of Georgetown, S. C., to construct, and guidance of the God of nations." maintai.n, and operate a bridge across Black-Pee Dee River and In the closing chapter of his book Milburn, after referring to Waccamaw River at or near Georgetown, S. C., and I submit a sneers leveled at the Christian ministry, says: " While there may report (no. 534) thereon. be unworthy members of the clerical profession, for patient toll "Mr. BLEASE. I ask unanimous consent for the immediate con­ and disinterested labor, for self-sacrifice extending through life, sideration of the b111. for brave and cheerful performance of duty, that profession stands "There being no objection, the Senate, as in Committee of the unrivaled, unapproached in the annals of the world.'' Whole, proceeded to consider the bill. CHESTERFIELD, S. C. . "The amendments were agreed to. " The bill was reported to the Senate as amended, and the THE LATE SENATORS JONES AND DALE-ADDRESS BY COLE L. BLEASE amendments were concurred in. " The bill was ordered to be engrossed for a third reading, read Mr. McNARY. Mr. President, a few days ago a former the third time, and passed. Member of this body, Hon. Cole L. Blease, of South Carolina, ''The title was amended so as to read: 'A bill granting the con­ at Georgetown, S. C., July 19, 1935, made a very interesting sent of Congress to the county of Georgetown, S. c., to construct, speech touching on the record of two former Members of maintain, and operate a bridge across the Pee Dee River and a bridge across the Waccamaw River both at or near Georgetown, the Senate. I ask unanimous consent that it be published in S. C.' the RECORD. " RefeITed to House Committee on Interstate and Foreign Com­ There being no objection, the address was ordered to be merce, April 29, 1930 (CONGRESSIONAL RECORD, p. 8016). "Reported with amendments (H. Rept. 1416, 71st Cong., 2d printed in the REcoRD, as follows: sess.), May 9, 1930 (CONGRESSIONAL RECORD, p. 8707). Mr. Chairman and my fellow countrymen, ·ladies, and gentlemen, "Amended and passed House, May 20, 1930 (CONGRESSIONAL REC­ I appreciate very much indeed the invitation to be with you on ORD, pp. 9249-9250). this occasion. I am not going to make a speech but simply give " Senate concurs with an amendment to the amendment of the you the complete record in the introduction and passage of the House, May 22, 1930 (CONGRESSIONAL RECORD, pp. 9405-9406). act that gave you this bridge. I do not wish under any circum­ " House concurs in. Senate amendment to House amendment, stances to put any unpleasantness in this occasion, but I do think May 24, 1930 (CONGRESSIONAL RECORD, p. 9490). that you should have named the bridge the Andrews and Sawyer "Approved: Act May 29, 1930-Publlc, No. 282, Seventy-first Bridge. Congress ( 46 Stat. 479) .'' General Lafayette was a great man, one whom I loved and have I thank you for your attention. loved and admired from my childhood, but he has monuments in sand, in marble, in stone, in bronze, 1n brass, and in writing REGULATION OF PUBLIC-UTILITY HOLDING COMPANIES--ARTICLE BY which will forever keep him remembered and loved by all '\VESTBROOK PEGLER Americans. I Former Mayor Walter H. Andrews was the prime mover and the Mr. MINTON. Mr. President, ask unanimous consent to real cause with the assistance of Dr. Olin Sawyer, also of your have printed in the RECORD a very clever article by a brilliant city, of this bridge being here today. I do not say that it would columnist, Westbrook Pegler, as it appeared in the Washing­ not have been built at some time, but it would have been a ton Post of August 3, relative to the regulation of public­ long time had it not been for my friendship and love for these two men who came and through their personal and political utility holding companies. friendship appealed to me to make the record which I read and There being no objection, the article was ordered to be file with your chairman. printed in the RECORD, as follows: The Republican Party was in power when this record was made, and I am proud to say that I had some influence with their (From the Washington Post of August 3, 1935) leading men in the United States Senate and appealed to them INFLUENCE BY WIRE for their special aid and assistance, which they gave to me. By Westbrook Pegler Senator Wesley Jones, who was presiding, recognized Senator Porter Dale, of Vermont (which, by the way, was the State in NEW YoRK, N. Y,. August 2.-You wouldn't imagine that anyone which Walter H. Andrews was born). At my special request Sen­ on the holding companies' side of the row would have the gall ator Dale, who was chairman of the committee to whom this bill to mention the matter, but a little pamphlet issued by the Amer-· was referred, went to some extra trouble to aid me in getting a lean Federation of Utllity Investors, Chicago, contains the follow­ favorable report, pushed it ahead of other bills in order that it ing: might be put through and passed without delay, and when he had " For the first time in the history of our country, Congress has his report all ready Senator Jones, by special request from me, been influenced by the letters and telegrams of mllUons o:r gave him the fioor, and he made the report out of regular order. investors.'' I, of course, knew he was going to do so and stood ready. Sen­ This reference obviously embraces among the millions of inves­ ator Jones then recognized me, and I made the motion which tors those thousands of phantom-investors whose names were caused the passage of the bill without it even being placed on the gathered by telegram messenger boys for a royalty of S cents each, Senate calendar. It is not necessary to speak of my other work after the messengers had explained the deep political 4nd economic in reference to the passage of the bill in the House and what my meanings of the case. friends did for me in asking the President to not delay his approval Where those whom Mr. Harding used to call the "best minds " of it. These matters are mentioned that the record may be kept disagree so violently on a tangled issue, it is only by instinct that straight. the layman chooses his side of the barricade. Congressman GASQUE deserves much credit for the prompt and In the case, remembering how thoroughly· the great body of efficient manner in which the bill was handled in the .House of thrifty, self-supporting citizens who constitute the- investor class Representatives. were frisked by the promoters of holding companies when the frisk­ It is with great sorrow that we learn that three of those promi­ ing was good, it is natural that the ordinary, dumb citizens should nent in securing this structure have passed on to the other home, look upon the holding companies' solicitude with a fishy eye and Messrs. Andrews, Dale, and Jones. We wish that they could be ' ask " Why are you boys trying to. be so good to me now? " 1935_ PONGRESSIONAL ;RECORD-SENATE_ 12459 It is a queer situation, 1n which the stick-up man, having gone The message also announced that the House had passed a over his victim once, stands his ground and undertakes to protect bill

amended;"; on page 8, line 3, after the word "service;", to HOUSE Bil.L REFERRED insert "or (6) motor vehicles used exclusively in carrying The bill (H. R. 8974) to provide revenue, equalize taxation, livestock, fish (including shell fish), or agricultural com­ and for other purposes, was read twice by its title and re­ modities (not including manufactured products thereof) ; or f erred to the Committee on Finance. (7) motor vehicles used exclusively in the distribution of SPECIAL MUNITIONS COMMITTEE-H. S. RAUSHENBUSH newspapers;"; on the same page, line 6, after ~ word " part ", to insert a comma and " except th~ prov1s1ons of Mr. DICKINSON. Mr. President, sometime since I in­ section 204 relative to qualifications and maximum hours of serted in the RECORD, without comment on my part, an ar­ service of employees and safety of operation or standards of ticle by H. S. Raushenbush, who is the investigator for the equipment,"; on the same page, line 6, to strike ou~ "(6)" Special Munitions Committee in the investigations being con- ducted by it. - and insert "(8) "; on the same page, line 20, to str~ke out "(7)" and insert "(9) "; on page 9, line 20, to strike out Following that, the Senator from North Dakota [Mr. NYE] took occasion to insert in the RECORD a considerable portion " with respect to the " and insert " to promote safety of ~P­ eration and to that end prescribe"; on the same page, hne of the committee's report. I know of no objection why it 21 to ~trike out "and safety of operation"; on the same should not all be inserted in the RECORD if such is the desire. pa,'ge line 21, after the word "and" where it appears the The Senator from Missouri [Mr. CLARK], also a member seco~d time, to insert " standards of "; on the same ~ge, of the committee, took occasion to make some remarks with line 22, after " ment.", to insert " In the event such reqmre­ reference to my insertion of that article in the RECORD. ments are established, the term' motor carrier' shall be con­ I wish to say that I did not listen to the statements by strued to include private carriers of property by motor ve­ those Senators, and I have little concern whether or not they hicle in the administration of sections 204 (d) and ; 205; listen to me, but I suggest that a record ought to be made here. My original objection to the selection of Mr. Raushen­ 220; 221; -222 (a), (b), (d), (f), and (g); and 224."; o~, page 19 line 3 to strike out " though such matter arose and bush was suggested to a member of the committee in good i~ert " the Commission has in a matter arising "; on the faith. I had no reason for wanting to criticize the committee same page, line 7, to strike out " are provided in " and insert in any way. I am a member of the Committee on Military " though such matter arose under "; on page 22, line 1, to Affairs that reported ·the resolution providing for the in­ strike out " in 1934 " and insert " on June l, 1935 "; on the vestigation. I have no desire either to handicap or in any way hinder the committee in its investigations. On the same page, line 5, to strike out " in 1934 " and. insert ·;, ~n June 1 1935 "· on the same page, line 15, to strike out m other hand, I was and am desirous of having the committee 1934" 'and ~ert "on June 1, 1935,"; on page 26, line 20, make a thorough investigation; and if there is anything that to strike out "in 1934" and insert "on July 1, 1935,"; on can be done to make the defense of this country more effi­ cient, I want to see it done. I do not believe that anybody the same page 1 line 24, to strike out "in 1934" and insert "on July 1, 1935,"; on page 27, line 7, to strike out" in 1934" can accuse me of being a big-navy man or a big-army man; and insert "on July 1, 1935,"; on page 29, line 14, after the in fact, my record in Congress does not so indicate. On the word "person", to insert " after January 1, 1936,"; on page other hand, I do not have a shipbuilding interest of any kind 38, line 8, after the word "Act", to insert "(including penal­ in my State. Therefore my interest in this matter is purely ties applicable in cases of violations thereof)"; on page 43, that of a Member of the Senate without any ax to grind, · line 13 after the word" operated", to insert a colon and the without anyone to favor, or without anyone to punish. followbig proviso: "Provided, however, That nothing in this The Senator from Missouri in his statement suggested part shall empower the Co1nmission to prescribe, or in .any that undoubtedly I was under the influence of the " unspeak­ able scoundrel, William B. Shearer." Before going farther, I manner regulate, the rate, fare, or charge for in~rastate transportation, or for any service connected therewith, for desire to state that I have never met Mr. Shearer to this good the purpose of removing discrimination against interstate day. I do not know the man. He has never telephoned me. commerce or for any other purpose whatever."; on page 47, I have never talked to him directly or indirectly. Therefore line 12 after the word" express", to insert" and/or water"; the accusation on the part of the Senator from Missouri that on paie 63, line 23, to strike out " July " and insert " Octo­ I was under the influence of Shearer is entirely wrong. ber"; on page 64, line 2, to strike out "July" and insert I wish further to state that the suggestion that I quoted " October "; and on the same page, line 4, to strike out from Mr. Shearer's letter is incorrect. When I made my "January" and insert "April." statement on the floor of the Senate I read directly from the artiCle written by Mr. Raushenbush, and I read the portion Mr. McNARY. Mr. President, will the Senator from which I think would stand out in the mind of any red-blooded Montana be kind enough to explain the amendments·? American if he should read the type of sentiment which is Mr. WHEELER. Mr. President, the House amended the expressed in the article. I did not quote anyone, for the rea­ bill in minor details, generally liberalizing the provisions of son that the sentiments expressed in the article, I think, the measure with reference to trucks which are owned by would attract the attention of any good American. farmers, and which carry farm products. The bill was also From page 86 of his statement I quoted-and my quotation liberalized with reference to associations of cooperative farm is found in the CONGRESSIONAL RECORD of June 24, at page organizations. It was liberalized in those respects. I per­ 10389-as follows: sonally have no objection to the amendments, and think the The students coming from the colleges today can do something bill is improved. more than be filled with wholesome and cleansing incllgnation. Mr. McNARY. I understand the amendments cover trucks They can be of enormous use to the movement as Government owned by cooperative farm associations. officials, starting in small and definitely working on the reasonable hope that in the course of another 10 years we shall have Govern­ Mr. WHEELER. That is correct. ment control of a much more definite kind over our trust.s, banks, Mr. McNARY. As well as individual farmers? and general industries. Mr. WHEELER. The Senator is correct. The Senator from Missouri, undoubtedly thinking I had Mr. BORAH. Mr. President, is it the truck measure to read from Mr. Shearer's letter, quoted the same sentence, but which the Senator is referring? he did not signify that Mr. Shearer in his letter did not use Mr. WHEELER. Yes. the full sentence I had used. The quotation from the state­ Mr. BORAH. The only changes are those liberalizing the ment of the Senator from Missouri is as follows: uses of such vehicles for farmers and cooperative associa­ The students coming from the colleges today can do something more than be filled with wholesome and cleansing indignation. tions? They can be of enormous use to the movement as Government Mr. WHEELER. That is correct. I move that the Sen­ officlals. ate concur in the House amendments. There the quotation stopped, which shows that the elisions The motion was agreed to. are entirely dllferent, and the quotation was not as I in- 1935 _CONGRESSIONAL RECORD-SENATE 12461 eluded it in my statement, and bears out the suggestion which Continuing as to the political efforts of the Navy, I quote I have made that the quotation as I used it was directly from from page 228 of the report, item K: the article written by Mr. Raushenbush and had no reference The nature of Mr. Shearer's political efforts for Navy purposes whatever to the statement made by Mr. Shearer in his is revealed by the following testimony. letter. The committee was quoting Mr. Shearer only. On page The same question is involved in the remainder of the quo­ 239 they quoted him as follows: tation. I quoted, as will be found on page 10389 of the As evidence of cooperation between the Navy and Shearer, CONGRESSIONAL RECORD of June 24, 1935, reading from Mr. Shearer stated that an unnamed naval officer showed him a secret Shearer's book, as follows: order for the sinking of the Washington, thus giving Shearer an opportunity to prevent the order from being carried out. One good man, with his eyes, ears, and wits about him, inside the Department-whether it be the Interior, where the oil scandal There is no other testimony, no defense from the NaVY, started and the Boulder Dam bill received most active support, or no statement whatsoever from the NaVY. the Treasury, where the taxation scandals br~ed and the Govern­ ment tax policies originate-can do more to perfect the technic That is enough to suggest that my relations with Mr. of control over industry than a hundred men outside. Shearer are those of an entire stranger; that I am not under The Senator from Missouri quoted the following: his influence in any way, shape, or form; that I have never had anything to do with him. On the other hand, whatever One good man, with his eyes, ears, and wits about him, inside- I did in this matter has been done for the purpose of And then there was an elision- def ending the country and not against it. can do more to perfect the technic of control over industry than I recall being told on the floor of the Senate fallowing the a hundred men outside. incident that the chairman of the committee was going to I make this statement in order that the Senate may " take me for a ride." If I go for " a ride ", I am not going understand that in no way whatsoever was I under any with Mr. Shearer. On the other hand, if I go for" a ride", control or influence of William B. Shearer. I am not going to go with either Dorothy Detzer or Mr. I also suggest that the editorial in the Washington Post, Raushenbush. I do not believe in their philosophy of life. which was under the date line of June 28, 1935, on Boring I do not beiieve in their theory of government. In view of from Without contained this statement: the fact that the Senator from ·Missouri brought in both names I am going to refer to Dorothy Detzer, state briefly Also the same quotations from his earlier writings together with the same elisions. who she is, where she comes from, what her object is, and why she is around Washington. If the editor had been careful enough and thoughtful Dorothy Detzer is in Washington representing the Women's enough and student enough, he would have found there was International League for Peace and Freedom. In order that a difference in the elisions, there was a difference in the Senators may understand what that League is, I am going to statements made, and he would have found from the RECORD give a statement of its aims. my that statement was quoted directly from the article pub­ The Women's International League for Peace and Freedom aims lished by 1\-Ir. Raushenbush, which I inserted in the RECORD. at bringing together women of· different political and philosophical So much for the question of whether or not I am or was tendencies united in their determination to study, make known, under the influence of Mr. Shearer. and abolish the political, social, economic, and psychological causes of war, and to work for a constructive peace. • • • The amusing thing to me ~ that, although Mr. Shearer Conscious that these aims cannot be attained and that a real is termed an " unspeakable scoundrel ", yet I find in the and lasting peace and true freedom cannot exist under the present committee's report that there are 28 printed pages devoted system of exploitation, privilege, and profit, they consider that their duty is to facilitate and hasten by nonviolent methods the to the purpose of discrediting the Navy and reflecting upon social transformation which would permit the inauguration of a the policies of the Navy; and in all the 28 pages there is new system u'nder which would be realized social, economic, and absolutely nothing but the testimony of Mr. Shearer given political equality for all without distinction of sex, race, or in suport of the committee contentions and the committee opinion. They see as the goal. an economic order on a world-wide basis findings. I quote from page 237 of the committee report, and under world regulation founded on the needs of the com­ as follows: munity and not on profit. Mr. Shearer stated he went to Geneva in 1926 at the request of Admiral Pratt. Under the heading "United States Program, 1934-35 ", I find that the legislation this league promotes is- Then follows the quotation from Mr. Shearer's testimony. l. Disarmament: Vigorous measures to advance total and uni­ I understand Admiral Pratt retired from the Navy about versal disarmament by immediate reduction in our own military 1932. He has been a retired officer for a number of years. and naval budgets; by a program for radical naval decreases at the 1935 naval conference, and by continued pressure for com­ I do not think he was called by the committee to determine plete world disarmament at the disarmament conference. whether or not the statement was true, and yet the " un­ speakable scoundrel", the man with whom I was "in bad I think it will be of interest to note that Great Britain company", if I was with him at all, is quoted for 28 pages has already announced that she has abandoned the 1922 to discredit the Navy. navy-building restriction and that she is going to build such I am not here to discredit or defend the Navy. I think navy as she thinks suitable for her own defense, and that the Navy bas its shortcomings, but I think there are many Japan has adopted a similar attitude. Although I presume good, honest men in the Navy dedicating their lives to pub­ there are some here who will say that I have been an ex­ lic service, doing what they think ought to be done. They treme critic of the present administration, I do say that I believe something was done which should have been done should be entitled to credence, and we ought to find some evidence other than the testimony of an " unspeakable when the administration declared that as the nations of scoundrel" before we turn aside and indict the Navy for the world build stronger their defense, we will do likewise. participation in all the matters which have been suggested. The important phase of the program of the Women's In­ ternational League is that they propose to disarm whether I quote further from page 237 of the report: the rest of the nations of the world disarm or not. Mr. Shearer's intimate relationship with the Navy is revealed Item no. 2 in the 1934-35 program !Jf the league: in the following Shearer testimony. 2. Munitions: International treaties and domestic legislation The committee continues to quote Mr. Shearer in his testi­ for strict government regulation and control of the munitions mony through all those pages, and yet they call him an " un­ industry as a first step toward complete abolition of the industry. speakable scoundrel." Therefore, I am wondering whether It is not mere regulation they desire, but to do away with we ought to place any credence in the report of the com­ defense. I have never seen the time when I thought even mittee when it is supported so much by the testimony of a camp meeting could get along very well without a police­ Mr. Shearer. man. We always need somebody to help keep order. The 12462 _CONGRESSIONAL RECORD-SENATE · AUGUST 5 human family still requires that. I do not know of any abandonment of the policy of armed intervention, 10 years; and municipality of any size whatsoever that gets along without it was the first organization seriously to demand the investigation ot the munition makers, an event which would probably not have a proper police force, nor do I believe that any nation in the come to pass had it not been for the work of its nation.al secretary, world can proceed, particularly one which occupies a posi­ Dorothy Detzer. tion such as our Nation occupies, without proper preparation This is the same Dorothy Detzer to whom the Senator for defense. from Missouri [Mr. CLARK] referred when he said on June 26, 3. Embargo on arms: Passage of the embargo bill to give the at page 1014.2 of the CONGRESSIONAL RECORD: President power to forbid the shipment of arms from the United States to any other country. It would appear that Mr. Libby and Miss Dorothy Detzer, mov­ ing spirits and the master pacifists of the National Council for And yet in today's Washington Times I see great headlines the Prevention of War, had something to do with it. reading: This is the same Dorothy Detzer. Ethiopia buys arms from Japan. As a matter of fact, Miss Detzer seems to have good stand­ I am not saying that we should sell them. I should like ing with this committee. They not only employ Mr. to see no further manufacture of arms; but I desire to say Raushenbush as their chief investigator, but they take lunch that so long as the other countries of the world are manu­ with her over here in the Senate Office Building restaurant facturing arms, we had better have a few arms for our own once in a while. defense; otherwise, we shall find ourselves lacking in defense Quoting further: at a crucial time. The W. I. L. has members in 47 countries and national sections 5. Foreign investments: PMsage of the Wheeler bill to investi­ organized in 27 of these, but its greatest strength is centered in gate terms and conditions under which concessions have been the British, United States, and French sections, the Dutch, Scandi­ obtained in foreign countries by United States citizens and cor­ navian, Belgian, and Swiss sections constituting a vigorous second porations. line. · 6. Phllippines: Amendment of Philippine independence bill to Other sections follow these more or less afar off. , Ger­ prevent economic distress caused by change in tartif policy. many, and Austria once had important sections, but they have 7.- been more or less destroyed by the Fascist governments. Gertrud Baer, formerly the moving spirit of the German section, is in And this ought to be of great interest to the Senators virtual exile. from California- • • • • • • • The national headquarters of the United States section is in Extension of the quota system to 1:mm1gran.ts without restriction Washington, at 532 Seventeenth Street, 1n the same building as based on race. the N. C. P. W. Its national secretary is Dorothy Detzer, one of 8. Citizenship: Passage of the Griftln bill or simllar legislation the most vivid personalities in the whole peace movement and permitting a.liens to acquire citizenship without swearing to bear one of the most successful political strategists. Her colleague in arms. the Washington office is Mabel Vernon, who with sound judgment And yet we now find ourselves wondering whether or not is organizing national activities calculated to make the strength proper significance is attached to the oath of allegiance of of the peace movement felt politically. public officials. In order to know just what far-reaching effect an organ­ 9. Antilynching: Passage of the Costigan-Wagner antilynching ization of this kind has, I now read from the London News­ bill. Chronicle of September 27, 1934. This is a report sent there 10. World Court: Adherence of the United States, with optional by Gerald Barry-I presume, the American correspondent: clause, during next session of Congress. 11. League of Nations: Cooperation with other organizations The United States Senate arms inquiry has been adjourned toward revision of the League Covenant to eliminate military until November, but the muck which it has already brought to sections. the surface wtll not subside in the interval. There is too much of it, and it stinks too much. Samples of it, I hope, will be taken In other words, they are a pacifist organization. away and examined by experts under the microscope-and the analysis made use of when the investigation reopens. ORGANIZATION A.ND RESEARCH The first thing they want to do is- Continuing to quote: l. Building up of a national congressional committee with local I had the pleasure this week of hearing the inside story of how functioning units in all parts of the country. the Senate inquiry was set on foot from the Ups of Miss Detzer, who as executive secretary of the Women's International League There is propaganda. While this League may proceed in a (American section) was herself very largely responsible for get­ is if ting it going. The tale she had to tell was sensation.al, and tt manner that normal; on the other hand, there is any emphasized the extreme diffi.culty of getting past the obstruction­ viciousness in lobbying, I think that viciousness will be shown ists, faint hearts, and vested interests. in this report before I conclude. At first sight, Miss Detzer is the usual type of charming Ameri­ 2. Development of discussion groups which study and interpret can woman, young, nice looking, with a pleasant voice and, one current issues. would say, considerable social gifts. She must have something else 3. Study directed toward the problem of cooperation with other besides to do what she has done against such immense odds. peace organizations and with church, labor, and Negro groups. Sheer hard work, helped by a stroke or two of good luck at criti­ 4. EJ..'])erimentation toward the development of a pacific technic cal moments, got the Nye resolution dratted, passed through the in labor and mass movements. Senate, and the right people appointed on the committee. The Washington representative of this organization is That is very interesting-" the right people appointed on Dorothy Detzer. I quote from a current report from the the committee." This is from Mr. Gerald Barry's ·write-up press: of Dorothy Detzer and her influence in getting this resolu­ tion through the committee. The Women's International League for Peace and Freedom, which is holding its international congress in Zurich this month, has It was a magniflcent effort, and the debt which civilization been pioneering, and, one may fairly say, crusading, both for peace owes her and the Senator- and for freedom ever since it was born at The Hague in the dark days of 1:915. The N. C. P. W. finds its time fully occupied pursuing Referring,. of course, to the senior Senator from North the first of these aims; the Civil Liberties Union- Dakota [Mr. NYE]- Which is probably the strongest communistic organization 1s already a big one. Naturally the revelations incrimlnattng armament interests in in the United States at the present time-- this country have led to demands for an inquiry of our own. I has a full-time job with the second. see that the Congregational Union yesterday passed a resolution But the" W. I. L. ",as it is popularly nick.named, 1n campaigning to this etrect. We ought to have one, and I hope we shall get it. for "Justice without violence", finds its scope broadened as it The United States inquiry is only a success because it has full seeks to establish a world from which violence is barushed, alike legal powers. It cannot only compel the attendance of witnesses-- from the international and the national economic and political relationships. This is in the London Times Chronicle: It cannot only compel the attendance of witnesses, but can de­ Quoting further with reference to the United States: mand the surrender of all relevant documents. It can walk alike In our own country the W. I. L. has educated for 12 years for into Government departments and the omces of manufacturers recognition of Russia; for repeal of the Platt amendment about _and make an intensive inquisition into books and papers. It has as long; for withdrawal of our marines from Nicaragua, with a staff of over 60 paid investigators and a 1lrst sum of $50,00()- •

1935 .CONGRESSIONAL RECORD-SENATE 12463 Which has now been increased to $125,000- Mr. President, this is the reason we find such publication$ placed at its disposal tor expenses. It is, in fact, for its purposes, as the one to which I am about to refer and such public omnipotent. And, therefore, it is effective. reports as this: It is on account of the· powers of this committee, of their The Nation has placed upon its 1934 honor roll Dorothy Detzer. executive secretary of the Women's International League for Peace authority under the Senate resolution, that they have a right and Freedom, for persuading almost single-handed the progressive to issue a search warrant and go into the most confidential Senate leaders to demand an inquiry into the arms trade and for files of the State Department, of the Army and of the NavY, her many realistic activities in the interest of peace. Raymond Fosdick tells us, "The Women's International League­ and take from those files such information as they wish; does more effective work on a small amount of money than any and, as a result, when a Socialist or a Communist is so em­ other peace organization of which I know." ployed, he may bring to the committee such information as he wants to give them, but may reserve much for his own I think the Senate and the country would be interested to use in the future among the organizations with which Mr. some extent in what Miss Detzer has to say about her own I Raushenbush was identified, as I will show before I finish activity. have here her ovm report. It is not a confi­ dential report, because the matter contained in it is of public. this statement. In order that the country may know just what is involved concern. This is her report to her own organization: in this matter, I should call attention to the report of Dorothy The Women's International .League for Peace and Freedom was born at its first International Congress called by Jane Addams Detzer to her own organization as to what she has done. I at The Hague in the latter part of April 1915. At that congress, ref er to a Memorandum on the history of the munitions meeting during the second year of the World War, the following campaign of the Women's International League for Peace resolution was passed, moved by Mrs. Pethick Lawrence, of Eng­ land, and seconded by Dr. Anita Augspurg, of Germany: and Freedom prepared by Dorothy Detzer, dated June 1934. "This international women's congress sees in the private profits Mr. President, in order further to show the activities of accruing from the great arms factories a powerful hindrance to the organization of which Dorothy Detzer is secretary, I shall the abolition of war. It urges that by international agreement ·refer to a statement I have here with regard to the type of each country should take over as a state monopoly the manufac­ ture and control of arms and munitions as a step to complete and program and "how to start." I read: final international disarmament." Try to find within the group someone to act at once as legisla­ tive chairman. Send her name (she must become a paid-up mem­ One of the things this committee is investigating is ber of thew. I. L.) to the State chairman. She will be sent special whether or not we should have internationally owned gov­ material on important legislative issues from time to time. Such ernment manufaaturing plants. The history of every nation representatives are needed now in every county. Someone should be delegated to plan for an educational program in the world which has ever attempted it has been that its for the community, covering movies, schools, churches, libraries, defense began decaying when it adopted such a policy. clubs, men's groups, etc. At its second international congress, which met at the close o! They are going to cover all the territory. the war in 1919, in Zurich, when the official Peace Conference following the war was opening in Paris, a plan for a -League of As the group grows, a regular set of officers and carefully kept Nations was submitted to President Wilson by the Congress. In minutes will become essential. Write to the State office for further the plan we find this clause: information. " Immediate reduction of armaments on the same terms for all Finally-s~art on a small scale and build up. states and the abolition of the private manufacture of and traffic in munitions should be undertaken as steps toward total inter­ Mr. President, I wish to refer to the report prepared by national disarmament." Dorothy Detzer, but before I take that up I shall refer to further methods of work suggested by this organization. All In other words, the statement was made as far back as the the lobbying in this country is· not being done by the public year 1915 that the Government ought to go into the muni­ utilities. Some of it is being done by other interests. I read .tions business. from some further suggestions as to how to proceed: - In this same International Congress report of that date there ls recorded, under the heading:. Investigate the books and magazines in your library. What has "Action to be proposed to the League of Nations when estab­ tt on international affairs? Does it subscribe to the Nation? lished. "International commission on war profits: This International The Nation is one of the outstanding liberal publications Congress of Women asks the League of Nations to appoint an of the country. International commission to sit in public with power to take evi­ The New Republic, Survey, Christian Century? Does it have dence on oath and to command the attendance of any witness it the bulletins from various p0ace organizations? If the librarian is may desire to call to inquire Into the facts regarding profitmaking unsympathetic, try having the people ask for the desirable publi­ due to war and preparation for war." cations and protest the undesirable . So far as I know, there is nothing which now prevents the . All teachers in the schools of your district should have sugges­ tions from you. Mention available international programs. Learn United States, in the case of declaration of war, from abso­ the attitude of the history teacher and see what history books are lutely taking from every concern which manufactures mu­ used (get a copy of the survey of history textbooks used in Canada). nitions of war every dollar of profit if the Government so Talk to your city or county superintendent. See what is in your desires. There is nothing which will prevent us from con­ school library. Suggest peace programs for patriotic policies- fiscating the implements of war as well as commandeering And so on. the personnel necessary for war. Send to the W. I. L. for figures and tax blank stickers. Nineteen years later the United States section of the Women's Use: International League has succeeded in getting the United States Lincoln's Birthday for interracial occasions. Senate to take this action for our own country through the Nye Washington's Birthday to tell the truth about war. resolution call1ng for an investigation of the munitions Industry. Pan American Day to talk about South American neighbors. At the time of the 1929 Congress of the Women's International Good Will Day to cooperate with children of Wales. League at Prague, Mme. Waerne-Bugge, of Sweden, presented a Memorial Day for a peace heroes program. report on the traffic in arms. She had made a study of the Kellogg Pact Day for some international good-will project. traffic between the years 1922 and 1929, and as a result of her Armistice Day for planning a great peace celebration. Stress findings suggested to our International Congress that if it were ·peace on earth in Christmas programs. possible to chart future conflicts through the traffic in arms, we Borrow W. I. L. peace posters. Loan exhibit and use widely, could look for the next crisis to occur in the Pacific area. Arrange debates between a militarist and pacifist. In the meantime the United States, through the late Theodore Secure exhibit of internationally minded books in book week. Burton, of Ohio, and Ambassador Hugh Gibson, on June 17, 1925, Plan interracial or international lunches, suppers, or musicales. at Geneva., along with 45 other nations, had signed the Conven­ Ask foreign-born residents to give a.n exhibit of native handi- tion for the Supervision of the International Trade in Arms and '9'0rk. Munitions and in Implements of War. This convention was only Hold toy shows before Christmas with educational, not mm­ a first step. It provided primarily for publicity and registration • . tary, emphasis. The results were so disappointing to Senator Burton that on his Plan a conference on teaching history and geography from an return to the United States he had introduced into the House, international standpoint. where he was a Member, a resolution in the Seventieth Congress Study economic conditions in the community and learn the (H.J. Res. 183) to forbid the shipment of arms to nations at war. )?as1c -causes of labor or racial confilcts. Mr. President, it seems we have been talking over this · And on and on; -but this is sumcient. matter all these years, and yet the Munitions Committee, •

12464 CONGRESSIONAL RECORD-SENATE AUGUST 5 seems to think it has made an 01iginal finding at this time I presume he is one 'of the outstanding Socialists of the with respect to the manufacture and sale of munitions. country- This measure was immediately endorsed by the Women's Inter­ in his book, Death and Profits, which was an analysis of the Com­ national League and other peace organizations in the United mission's study, stated that thew. I. L. recommendat ion to elimi­ States, and in March 1928, hearings were held before the Foreign nate peace-time profits in such war industries as munitions was Affairs Committee of the House at which the Secretary of War, perhaps the most important and practical one made to the Com­ the Secretary of the Navy, and others, appeared opposing the pas­ mission. sage of the resolution. A statement made by Senator Burton at the time seems sig­ Passing over a portion of this report, I now read as follows: nificant and 1s here quoted: The Women's International League sent out not only a question­ " In the hearings upon this resolution, a great variety of inter­ naire to candidates for all political offices, but had joined with ests have been represented, and prominent officials in the War other left-wing peace organizations- and Navy Departments have been called upon to express their views. The objections to the resolution may be grouped under What does Dorothy Detzer mean by" left-wing peace or­ several classes: ganizations"? There is only one meaning that can be placed "First. Those who emphasized the profits from domestic manu­ facture of the articles, the exportation of which the resolution on it, namely, communistic, socialistic organizations-- seeks to forbid. in a common draft of peace planks for the party platforms, among "It certainly is the sentiment of the committee that this argu­ which was an arms-embargo plank. ment should not have weight. OUr country cannot afford to enjoy Some months later there was a definite reversal of policy on the profits from the manufacture of death-dealing implements, or part of the State Department. The situation in the Chaco had promote an industrial or business interest which depends for its become acute. Neither Bolivia nor Paraguay had a munitions com­ success upon foreign wars. pany within its own frontiers, so here was a case in which a war "Second. The cessation of shipments to belligerents in time of could actually be starved out by the munitions states if they should war would very much hamper private manufacture of arms, and agree to an arms embargo. The League of Nations was agitating so forth, manufacturers and dealers in this country, in order to for such action, and the United States Government appointed a. have a sufficient volume of business, must rely on the demands of member of the ~estern European Division of the State Depart­ foreign belligerents." ment as a munitions expert. Every bit of available material on In spite of the efforts made by Senator Burton and peace organi­ the subject of munitions control was studied and a bill was drafted· zations at the time, public interest could not be aroused. by the Department giving the President the power to lay an em­ The American Legion after the war had, from time to time, urged bargo on arms in cooperation with other countries when in his measures to take the profit out of war, and bad sponsored the judgment 1t was necessary to do so. Capper-Johnson bill for the conscription of capital and labor. This measure sounded well, but it was found that in its practical Passing over a few pages of the report, I now read from application, the conscription of capital would be interpreted as page 10: confiscation which is unconstitutional. In the meantime, President Roosevelt's administration had come Dorothy Detzer is even a constitutional lawyer, as may into power, and I am informed that the embargo resolution was the only piece of resolution which the President asked to have be seen from this report. enacted into law during the short session in the spring of 1933 Senator Dill, of Washington, thereupon introduced a resolution which was not passed by Congress. into the Senate calling for an amendment to the Constitution At the annual meeting of the Women's International League in which would make confiscation of property const1tu.tional. This May H>33, the resolutions committee presented a resolut ion to the was so drastic a step and went so far beyond the intention of meeting which had originally been drafted by Florence Luscomb, well-to-do Legion officials, that a joint resolution was introduced of Boston, secretary of our Massachusetts . branch. In its final into the Seventy-first Congress (Senate Public Resolution 78; form, after several revisions, it read as follows: H. J. Res. 251), which created what came to be known as "the " In view of revelations made regarding influence of private War Policies Commission." This Commission was composed of 4 manufacturers of munitions in recently published reports, official· Members of the House, 4 Members of the Senate, and 4 members of and unofficial, which state that armament firms foment war the Cabinet, the latter being the Secretaries of War, Navy, Agri­ scares, stimulating excessive expenditures for arms, spread false culture, and Labor. They were authorized to bold public bear­ reports, .and try to bribe otftcials; in view of later revelations ings, to study and consider the question of amending the Con­ made during the Shearer investigations and charges that the stitution to provide that private property may be taken by Con­ failure of the embargo resolution in the last session of Conirress gress for public use during war, and methods of equalizing the was due to direct opposition of munitions manufactur~rs­ burdens and to remove the profils of war, together with the we, the members of the Women's International League for Peace study of policies to be pursued in the event of war. The Com­ and Freedom, in convention assembled, call upon President Roose­ mission was requested to report definite recommendations to the velt to propose at once a senatorial investigation of the private President to be transmitted to the Congress not later than Decem­ manufacturer of arms covering: ber 1931. " 1. Stock ownership among leaders of public opinion and public • • • • • • • oificials-- • At the request of the National Board I represented the W. I. L. They wanted to know who owned the stock in these and took the following position (p. 728, Hearings before the Com­ mission appointed under the authority of Public Resolution No. corporations- 98, 71st Cong., 2d sess., May 14-22, 1931, pt. 3): " 2. Financial support given to militaristic organizations, such as "It would seem obvious that if you would take the profits out the Navy League, the American Legion, and to other so-called of war, you must take the profits out of preparation for war; •patriotic societies.' in other words, remove any private gain from preparation • • • "3. Lobby activities in general and particularly for the defeat · I suppose that it is rather trite to suggest that the munitions of the embargo bill in the past session of Congress. industries and other industries which gain through the war system " 4. Efforts to prevent the success of the Geneva Disarmament must have a return from their investment. In this connection it Conference similar to those employed by them in 1927. would seem clear that if to take the profits out of war would " 5. Contributions to political parties to control nominations help to promote peace, a surer check would be to take the profits and elections. out of preparation for war, that is, some control of the munitions "6. Volume of sales to Japan, China, and the South American industries and those who now gain through preparations for countries engaged in armed confilct in defiance of the Kellogg war." Pact. · I also read into the RECORD the telegram sent on January 24, "7. Profits of the industry." 1928, to the Massachusetts Legislature and signed by The Assistant Secretary of War, C. B. Robbins, when this legislature was consid­ This was adopted and immediately after the annual meeting ering the passage of a measure to control the sale of small arms in broke up, and before the session of Congress closed, I made what Massachusetts. The telegram I quoted is as follows: efforts I could to find a Senator who would be willing to intro­ "The War Department considers continuance in existence of our duce such a resolution for the investigation of the munitions arms and ammunition manufacturers as vital to national defense industry. Out of 96 Senators I picked about 20 who might be· and is opposed to any bill prohibiting the manufacture of small willing to introduce it, but some of the answers I received were arms or their properly controlled sale to law-abiding citizens which as follows: "You are asking us to commit political suicide; no one might result in forcing such manufacturers out of existence." on the floor of the Senate will have the courage to introduce it." During the summer we appealed to practically all the organizations Why does the Army take such a position? It takes that in the country interested ln peace, urging them to support such an investigation, and the National Council for the Prevention of War, position because any effort to induce Congress to continue the National Council of Women, meeting in Chicago during the. to appropriate sufficient money to provide proper preparation summer, and various other groups endorsed the idea of an invest!-· for war in the matter of the production of munitions ha.s gatlon. . always been found to be impossible and has never been suc- When the Morgan Co. was appearing before a Senate invest!- · cessful. · gating committee we again tried to obtain information on the munitions industry by getting questions asked regarding the Seymour Waldman- tie-up between the Morgan banks and the munitions companies. 1935 CONGRESSIONAL RECORD-SENATE 12465 but could not get any adequate help from any Senators. Then, with the books and magazine . articles which had appeared and it seemed possible that there might be some check made through the famous speech of Senator BoRAH in the Senate, -started the the code. enormous popular pressure which rolled up behind the Nye reso­ lution. A meeting at the Belasco Theater in Washington, organ­ That is under the famous N. R. A. ized by Miss Vernon, registered the popular support 1n the Capital The following memorandum. was drafted and presented to the itself. At this meeting Walter Van Kirk pledged the powerful Acting Secretary of State: support of the Federal Council of Churches against the Vinson In considering the whole matter of the control of the munitions bill and for the Nye resolution. More than a thousand people industry, and the export and import of arms, it would seem pos­ attended a large meeting, similarly organized, in New York about sible that some check might be made through the code. this same time, and· meetings of this kind followed throughout Our suggestion would be that on the committee known as the the country. "code authority", the President appoint- However, the measure was finally put through by an extremely clever parliamentary move on the part of Senator NYE. The tax This is what might be called" stacking the court." bill was being debated, and Senator NYE offered an amendment calling for a 98-percent tax on incomes over $10,000 in the event That the President appoint-- of war. When the amendment was before the Senate, he an­ I. A person to represent him to watch the munitions code, not nounced that he had 9 Senators to speak on it, as they desired from the angle of industrial relations but-- to be fair and consider every side of the question. This very a. In respect to the sale of small arms, machine guns, etc., to much disturbed Senator PAT HARRISON, of Mississippi, who was try­ bandits, kidnapers, etc.; and ing to push through the tax bill with dispatch. Accordingly, These are the individuals they were going to have the Presi­ NYE suggested that 1f the Senate would consider a unanimous­ consent motion for immediate consideration of his resolution for dent appoint--- an investigation of the munitions industry, and 1f this passed, this 2. Two persons--one the munitions expert in the State Depart­ amendment could be sent to that committee where time could ment, Mr. Joseph Green, and one to represent the public, such as be given for thorough consideration. The unanimous-consent Mr. Raymond Fosdick, to watch the munitions code. motion was passed and the Senate investigating committee became a fact. All Senators have to do is to turn to the red network and find out who MI·. Raymond Fosdick is. I have read most of this report in order to lead up to the a. In respect to the export, import, manufacture, and control of last paragraph, which is as follows: arms for the purposes of war. The comm.1ittee which was finally chosen by the Vice President, The Acting Secretary of State said he considered it an excellent consisting of Senators BONE, v ANDENBERG, NYE, POPE, BARBOUR, idea and promised to take it up with the President, which he did; CLARK, GEORGE, also was no accident, nor the choice of the chief and we are informed that the President recommended the· sugges­ investigator, Stephen Raushenbush. tion to General Johnson. The latter turned it down in a vigorous note addressed to the President. So any possibility of a check In other words, this organization takes credit not only for through the code disappeared. selecting the personnel of the committee but also for select­ Here Miss Detzer makes reference to negotiating with ing the investigator. several Senators who are not on the munitions committee, With further reference to Miss Detzer's activity, I have a and, therefore, I shall not read that portion of the report. postal card, dated June 12, 1935, which reads as follows: From page 12 I read the following: There will be a hearing before the Foreign Atfairs Committee of the House (in the Capitol, third floor, House side) on Tuesday, After these eliminations- June 18, at 10 o'clock a. m., on the neutrality legislation. Meaning the elimination of a number of Senators from We are hoping that we may have a large attendance in order to demonstrate the interest in these measures. consideration- Won't you please be there? there were two Senators left, one of whom was Senator NYE. Faithfully yours, On Januia.ry 2, 1934, after putting the problem up to him and DOROTHY DETZER, going into great detail, Senator NYE said that 1f I would continue National Secretary. to press and urge him his conscience would not let him refuse. After his acceptance, then came the need of getting an adequate In other words, if the Chairman of the Foreign Afiairs bill drafted which would cover all the points of the Women's Committee of the House or the Chairman of the Foreign International League resolution, and yet which had a chance to Relations Committee of the Senate happened to have a large go through the Senate. We were fortunate in securing a very skillful draftsman who was able to accomplish both of these audience, he could know it was not an accident, but it was by things. reason of the fact that the members of the audience had been The resolution was introduced in the Senate on February 8, but invited. had practically no publicity for 2 days. The resolution was So much for Dorothy Detzer. She is the one whom the drafted so as to have it sent to the Foreign Atfa.irs Committee, . but Senator PITTMAN apparently was opposed to it, for, after it Senator from Missouri approved with his compliments. She had lain in committee for a week or so, he asked unanimous con­ is the one with whom the committee takes lunch in the Senate sent of the Senate to have it referred to the Military Atfairs Com­ Office Building. That is perfectly all right with me. mittee. This was done, and we feared that this action was going I want to go a little further. I listened with keen interest to kill the investigation. However, a subcommittee of the Mili­ tary ·Affairs Committee was appointed to deal with the Nye reso­ and also read the statements by the members of the commit­ lution, as well as the blll introduced by Senator VANDENBERG to tee with reference to the efficiency of Mr. Raushenbush as an review the findings of the War Policies Commission in regard to investigator. I' want the Senate to remember that such an taking the profits out of war. Members of the subcommittee were seen and they eventually recommended to the full committee, investigator is given the greatest authority with which any which happily concurred in reporting out the resolution favorably man can be clothed under the law. Raushenbush and his and combining both Vandenberg's and Nye's measures. The re­ corps of assistants have the right to go into the State Depart­ vised resolution recommended a select committee of seven with ment and to search their files; have the right to go into the the power of subpena and a $50,000 appropriation. The measure then went to the calendar, and a poll of the Sen­ Navy Department and search their confidential files; have ate •. directed by Jean Frost, of the Women's International League, the right to go into the War Department and search their indicated that there would be a good fight on it when the resolu­ confidential files. Mr. Raushenbush can bring to the atten­ tion came to the floor, as such persons as Senator DIETERICH of tion of the committee such material as he wants to bring, Illinois, vehemently opposed its passage. The poll also tndic~ted that there were a good many who would not commit themselves and can reserve in the back of his head such information as until they knew the stand of the administration. It then was he may desire with reference to the future use he can make of necessary to get either the President or the Secretary of State to it in carrying out the type of program which it has been commit himself, and after a good deal of work this was done. On indicated he has in mind. March 19, the Secretary of State publicly approved it. At the time that the Nye resolution was introduced into the Who is Mr. Ranshenbush? To my amazement, at least Senate, the Vinson billion dollar Navy bill was also betng con­ two members of the committee said they selected him after sidered by that body. The Women's International League urged they knew he had written socialistic books. One of the the passage of the Nye resolution, so that an investigation of the shipbuilding companies could be held before more Government things the Socialist wants to do is to overthrow the defense money should be spent for the building of ships. of the country. I do not know who are Socialists. I am Mabel Vernon, national campaign director, focused the atten­ not contending that because a man believes in control of a tion of the membership throughout the country on this policy certain industry he is a Socialist. I am not one of those and as a result our branches and workers kept up a constant barrage of resolutions, letters, telegrams, both on the President who believe that because a man happens to have a particu­ and. the Senate. Mass meetings were held throughout the coun­ lar view with reference to public utilities he is a Socialist; try, Senator NYE often being the chief speaker, and this, together I am not one of those who believe if 3: man happens to be 12466 .CONGRESSIONAL RECORD-SENATE AUGUST 5 convinced that public ownership of communications is nec­ authority from the Munitions Investigating Committee, can essary that he is a Socialist; but I suggest that the whole go into the confidential files of all the departments of the trend running all through the Government machinery at Government and of some of the biggest business concerns the present time is of a socialistic character, and one of the of the country, which have paid taxes to help pay the salaries things the Socialists want to do is to see to it that they have of men who are dr·awing salaries as United States Senators. control of the defense of the country. He was joint author with Laidler of a book, Power Control. This Mr. Raushenbush was selected special investigator of the connection with Laidler is important, as Laidler (self-styled "econ­ committee. I wonder if they could not have found a man omist ") is, and has long been, one of the mainstays of the League for Industrial Democracy, as well as of other subversive institu­ who is an American pure and simple and who believes in tions, and is an open friend of sovietism. American fundamentals? In 1925, through his connection with Laidler and the League for Let us see who Mr. Raushenbush is. When the attention Industrial Democracy, H. S. Raushenbush was made secretary of of the committee was called to the connections of Mr. Raush­ the adventitious and meddling committee on coal and giant power a child of the League of Industrial Democracy, which position h~ enbush they said openly, " We selected him. We are going held until it died a natural death 2 or 3 years ago. As secretary of to stand by him. He has written socialistic books." Yet this committee he compiled and published a number of pamphlets they were giving to him the authority to go into the most attacking private industries, notably in the coal and utility fields all being" set against the background of the book Power Control"' confidential files of the various departments of the Gov­ and all, like the book, heavily subsidized (and probably completely ernment and use as be might see fit the information he paid for) by the American Fund for Public Service which ts the could secure for such purpose as he might wish. Communist " Garland fund ", whose directors have publicly stated to confine its aid to projects of a radical nature (with the purpose He is now or was last week in the State of Pennsylvania of changing our form of government). speaking before organizations, the record of which I happen to have here. If he is doing anything to instill Americanism Mr. Garland, as I recall, is a wealthy man who was sent to into the minds of anyone who listens to him there, I have the penitentiary for his communistic and free-love activities not seen such a report in the public press. and then gave his entire estate for the purpose of setting u~ Who is Hilmar Stephen Raushenbush? the" Garland fund." Whenever one happens to see a book He is the son of Walter Rauschenbush-note the difference in published by the Vanguard Publishing Co., just let him the spelling-a theologue with alleged leanings toward " Christian remember that it is the Garland fun~ and the book, Social­ socialism "; was born May 12, 1896, in New York. He attended ism of Our Times, is published by the Vanguard Press, League public schools of Rochester, N. Y., took his A. B. at Amherst in for Industrial Democracy. 1917. While an undergraduate he was president of the Amherst chapter of the Intercollegiate Socialist Society, which society was Among the members of the executive committee of the Commit­ organized by Jack London and other radicals in 1905, and fell later tee on Coal and Giant Power were the ex-anarchist, Oscar Amerin­ into such disrepute that its name was changed to "League for ger; the American Civil Liberties Union leader, Arthur Garfield Industrial Democracy "- Hays; and Harry W. Laidler himself. As an example of the type of booklet issued by H. S. Raushen­ Of which Mr. Raushenbush is still a member. ~ush we may examine the 89-page High Power Propaganda, pub­ What is the League of Industrial Democracy? It is a lished in 1928 by New Republic, Inc. This purports to be an in­ league which believes that all industry should be run for use terpreted summary of the first part of the hearings held by the Federal Trade Commission on the subject of propaganda by the and not for profit. Their slogan is: "Production for use power companies. In this pamphlet Raushenbush accuses power and not for profit." companies of " dirtying the waters of public opin_ion ", spending H. S. Raushenbush claims Army service during the World War, hundreds of thousands of dollars to elect a single legislator "buy­ and that he has been an oil worker, a labor manager for the United ing the press", and controlling textbooks and school teaching to States Consular Service, and is an industrial researcher and special the exclusion of truth. He recites that municipal plants give writer. While acting as economics assistant to anthracite miners' lower rates than corporations, but fails to mention the difference organizations in 1922-23 he claims some experience as a coal-mine in accounting which puts municipal plants and bonds on the worker. He was at one time an industrial adviser in the employ shoulders of all taxpayers. He charges corruption even in the of Governor Pinchot, of Pennsylvania; and for some time, begin­ establishment and promotion of public-utilities courses in col­ ning in 1922, was a staff member of the Bureau of Industrial leges and universities-but does not mention the biased courses in Research-part and parcel of the League of Industrial Democracy. " economics " given in " workers' schools " supported and instructed In 1925 he was also connected with the National Child Labor Com­ by his Socialist associates. The clear impression made by the pam­ mittee, the principal founder of which was that translator and phlet is that H. S. Raushenbush favors Government ownership, ardent proponent of Karl Marx, the late Florence Kelley, who was with all its political implications and great losses to taxpayers. also an active founder of the Intercollegiate Socialist Society, now Some of the Raushenbush pamphlets have been advertised by the the League for Industrial Democracy. League for Industrial Democracy as " L. I. D. classics ", an example H. S. Raushenbush spent his boyhood in a Sociallst atmosphere, being the 36-page The People's Fight for Coal and Power, pub­ and his entire career to date shows no change in his type of lished in 1926, and still thus advertised in the L. I. D. Monthly thought. His industrial researches and his reports seem all to for October 1929. have been made with a single eye to the support of Socialist His researches as secretary of the Committee on Coal and Giant theses, and he is not a stranger to the methods of villification and Power did not consume all of the energy of H. S. Raushenbush. the use of part truths which are equivalent to falsehoods in their As a member of the Socialist Party he wrote articles for Socialist effect. While identified with the left-wing Socialist leader- papers. One of these articles, published March 12, 1927, by the New Leader, official organ of the Socialist Party, is notable for its ! suppose that " left wing " means the same left wing to bearing here. In it Raushenbush outllnes the program which the which Dorothy Detzer referred a little while ago. Socialists should carry out in the United States to undermine capi­ talism and by stages change the system to collectivism. He says While identified with the left-wing Socialist leader, Norman A. that Socialists should work with the monopoly tendency and push Thomas, in the League for Industrial Democracy, he early became everything important into some form of big business, and then the protege and collaborator of Harry w. Laidler- declare these monopolies "affected with public interest", With the objective of governmental control, then ownership. Two of his Harry W. Laidler, that outstanding proponent of Govern­ paragraphs follow: ment ownership for purposes of building a socialist state. "Our immediate aim is to declare ourselves in on these great I shall read some extracts from Mr. Raushenbush and consolidations that are going on. In return for giving up our from Mr. Laidler. I am not putting the Senate committee much-touted system of competition for monopoly, it is not impos­ sible to exact the price, to get some share of control which can in company with these men. If I am to be " taken for a then be extended as the need for it becomes evident. Once an. ride", I do not want to go with Dorothy Detzer and I do not industry is declared affected with a public interest, it is reasonable want to go with Mr. Raushenbush. I prefer people who be­ to have the books opened, then to go on with a clamping down on flag a and excess profits, stock dividends, inflated mergers, etc., and to have lieve in the Amertcan and proper type of Army a positive hand on stabilization of employment, uniform work­ NavY in order to support it. · ing conditions, a minimum wage, supervision of all mergers, the Through his research work he for years has kept Laidler sup­ establishment of the principle of recapturing excess earnings, as pl1ed with the ammunition for many of his lectures, radio talks, on the railroads, to go into a fund to buy out the industry. · articles and books. "We must start small, as we did in the Interstate Commerce Commission, make a business of public business, and prove to the That is the very thing suggested in the article of which workers and the middle class that it works." Mr. Ral.J.Shenbush is the author and which I inserted in the With such openly expressed objectives, it was but natural that RECORD. H. 8. Raushenbush should remain in the bosom of the League for Industrial Democracy, serve for at least 8 years ( 1926-33) as an How much more information they will be able to give now oftlctal of its emergency committee for strikers' relief, and become in view of the fact that Mr. Raushenbush, with such wide a national councilor !rom New York in the league itself. (_ 1935 CONGRESSIONAL RECORD-SENATE 12467 It has been mentioned that H. S. Raushenbush was for a time form local radical political parties and blocs wherever possible. connected with the national child-labor committee. This is in To such lengths have these efforts extended that doors have been exact line with his ingrained desire to establish governmental con­ opened wide (through the Communist-controlled American League trol and ownership over everything. Under a smoke screen of hu­ Against War and Fascism, and other affiliates) for the adherence manitarian declarations and arguments, the national child-labor of such " red " bodies as those organized by Communists like committee has as its prime purpose the adoption of an amendment " Mother " Ella Reeve Bloor among the farmers and industrial to the Constitution of the United States to give Congress "power workers. to limit, regulate, and prohibit the labor of persons under 18 years In the 1934 political campaign the Conference for Progressive of age." No one knows how some future Congress might exercise Political Action, with its parent, the League for Independent Po­ this power if obtalned. Under it, entire social and economic regi­ litical Action, was concerned much with the organization and mentation of the people in their homes and schools could be accom­ assistance of liberal and progressive parties in the Northwest plished; and Federal control over educat ion from the nursery up States. could be utilized to inculcate the ideology of a new and untried On May 25, 1934, while acting as director tn the organization social order; and that was and is the plan. The authors of the of this northwest campaign for the action group, Howard Y. movement were Mrs. Florence Kelley Wischnewetsky- Williams, member of the L. I. P. A. and C. P. L. A., and connected with the League for Industrial Democracy, wrote to his organizers That is good Americanism I presume- as follows (in part): (now deceased) , Miss Grace Abbott, then chief of the Children's "Those State parties we are. forming must support President Bureau; Miss Julia Lathrop, and the Communist, Anna Louise Roosevelt to the 11.mit when he is right. We must push him more Strong, then a Federal employee under Miss Abbott, and now Mrs. to the left, develop a national political movement that w111 go Shubin, of Moscow, who spends much ti.me lecturing in the United beyond him if he fails." States. Miss Strong is the daughter of the" Red Reverend" Sidney It may be noted, without affirming any necessary connection Strong, was a founder, and is now an associate editor of the Mos­ between the two events, that the letter from which an extract has cow News, official Soviet English language newspaper published in just been quoted was dated just 4 days after the appointment of Moscow and circulated in the United St ates. Although the child­ H. S. Raushenbush to the secretaryship of the Senate Special labor amendment was defeated before the middle of 1927, it was Munitions Investigation Committee, a position virtually that of revived by the Socialist associates of H. S. Rausbenbush, again de­ prosecutor in its inquiries. With Harry W. Laidler supporting feated, and is still on their program for reintroduction at the Howard Y. Williams on the one hand and H. S. Raushenbush on earliest ·possible opportunity. the other, it is conceivable that the 4 days gave ti.me for the It has been mentioned that books and pamphlets written by United States mails to transport to Williams, in the Northwest, H. S. Raushenbush and Harry W. Laidler were subsidized by the the joyful news of Raushenbush's appointment in the East, and Communist "Garland fund." that the inspiration of this "further victory for the cause" had something to do with Williams' determined enthusiasm on this This is the same Garland fund to which I refe1Ted a little occasion. while ago- The membership of H. S. Raushenbush in the Socialist Party, Official reports of this fund show H. S. Raushenbush by name to his decade of work under the aegis of the League for Industrial have received at least $16,000 from the fund between 1925 and 1928 Democracy, his membership on the committee for action of the for his work in preparing these publications for the League for John Dewey-Harry W. Laidler Socialist group, and his public rec­ Industrial Democracy. ord in connection with the munitions investigation, are insepar­ The American Fund for Public Service (Garland fund) was able parts of the picture or map of his attitude toward private founded by Charles Garland, of Massachusetts, who served a term ownership, individual or corporate capitalism, and the basic struc­ in the penitentiary for operating a "free love" farm. He opposed ture of our system of government under the Constitution. From private ownership of property, so in 1922 he gave his inheritance this picture or map can be charted with reliable accuracy his to establish the fund for the promotion of radical projects. The present motives and his future line of action in any field into board of directors of the fund is a self-perpetuating group and has which he can insert himself or can be inserted by the Laidler­ always included Communists. For many years it was the owner L. I. D. forces. and publisher of the magazine New Masses. William Z. Foster, The chief sponsor of H. S. Raushenbush-namely, Harry w. Scott Nearing, Clarina Michelson, Benjamin Gitlow, and Robert W. Laidler-by his writing, speaking, and organization work a main­ Dunn, all prominent Communists, have been members of this stay of the Socialist League for Industrial Democracy, was labeled board, which has permanently disbursed about $2,000,000 for sub­ 10 years ago (1925) by the Better America Federation of California versive work. Some of the money has been used over and over, as " a professed Socialist who is in with the extreme Communists." on a revolving-fund basis, so that the effect has been that of a And the record of the la,st decade calls for no revision of the char­ larger fund. Anarchist, Communist, I. W. W., American Civil Lib­ acterization. erties Union, Socialist, League for Industrial Democracy, and Harry W. Laidler is an outstanding advocate of Government pacifist projects, and many others, have been financially aided by ownership; has been outspoken in his prosovietism, and has led the Garland fund, which at the close of 1934 had been practically the L. I. D.-Open Road, Inc. {Soviet) "Intelligent Student's Tour all used up or engaged in the commitments for the current year. of Socialism " in the Soviet Union; is now on the faculty of Rand Following 1932 H. S. Raushenbush appears to have engaged in a School, and has been connected with Brookwood Labor College, new spurt of activity. That he was by that ti.me recognized as a both of which entertain Communist lecturers; was active in ar­ distinctly left-wing Socialist ts shown by his inclusion by Com­ ranging for the United States Congress against war which gave munist publications favorably in their releases. In the Federated birth to the Communist-controlled American League Against War Press Clipping Sheet for January 10, 1933, is an announcement by and Fascism; was active in the Brooklyn Civil Liberties Bureau; H. S. Raushenbush of the formation of the Pennsylvania Security and, as late as May 18, 1935, was one of the leaders of a large League. pacifist parade and mass meeting in New York City, in which the Communist song "International." was sung, the red fiag of com­ By the way, that is the very league which has had Mr. munism displayed, and the following ."litany" recited by the Raushenbush lecturing for the past week, filling engage­ crowd under the leadership of one of the immediate associates of ments in various localities all over the State of Pennsyl­ Harry W. Laidler- vania. He is still drawing his pay as an investigator for " If war comes I wm not fight. If war comes I will not enlist. this committee, but is lecturing for this league up in Penn­ If war comes I will not be conscripted. sylvania. If war comes I will do nothing to support it. In the Qaily Worker, issue of December 5, 1933, is a favorable If war comes I will do everything to oppose it. review by H. S. Raushenbush of a Commun.1st play, Peace on So help me God! " Earth. Mention has been made of the close cooperation connection of The most extensive of the new activities undertaken by H. S. Harry W. Laidler with Abraham J. Muste, for many years and un­ Raushenbush at this period is in connection with the John Dewey tn recently head of the Brookwood Labor College. Muste has been group of Socialists, who have long been playing with the Rand head of the Conference for Progressive Labor Action, previously School crowd and the Abraham J. Muste-Brookwood Labor College mentioned as a.n affiliate of the John Dewey group of organiza­ aggregation. Due to Harry W. Laidler's connection and influence tions, since its inception in 1929. As long ago as 1928 this.school with this group, especially in the League for Independent Political was branded by the American Federation of Labor as communistic. . Action, the Conference for Progressive Labor Action, and the Con­ All A. F. of L. support was officially withdrawn. Muste is now ference for Progressive Political Action, H. S. Raushenbush in head of the Workers' Party of the United States of America, the 1933 became a member of the committee for action of the latter Trotsky Communist organization in this country, and is still work­ conference. ing intimately with the Dewey group. The Conference for Progressive Political Action is part of the It may be mentioned in passing that the keynote of a pamphlet, League for Independent Political Action's campaign for state Ending the Depression, published by Muste's Conference for socialism, which has be€n going on for 6 years. The purpose of Progressive Labor Action, is expressed by one of its chapter .heads, this conference is to attract agriculturalists, merchandisers, pro­ " Marxism Fits the Facts." fessional people, and "white collars" generally. Because small The League for Industrial Democracy, of whose program H. S. groups of agriculturalists must be welded into larger groups, With Raushenbush is an indefatigable exponent, is primarily a propa­ some degree of fanaticism for a continuing cause, in order to ganda institution, one of the mouthpieces and recruiting agencies induce the cohesiveness and insure some solidity for such an organ­ for the Socialist Party. Mr. John Spargo, a famous educator, who ization as the Conference for Progressive Political Action; and, of was at one time a member of the executive committee of the course, in turn, for its parent, the League for Independent Politi­ National Socialist Party, wrote as follows (in 1928, concerning cal Action; increasing efforts are being made to form or help such activities as it. carries on) : 12468 CONGRESSIONAL RECORD-.SENATE AUGUST 5 " I know, and every well-informed student 1n America knows, rangements were made for a revolutionary policy committee to in­ that for many years public ownership and socialism have been clude more violent action in the directives of the party. This re­ preached in American colleges, academies, and high schools by moves the last practical difference between socialism and com­ the paid lecturers of organizations maintained for the special pur­ munism in the United States. pose. This was true many years before any public ut111ty pub­ licity bureau in this country ever made the least effort to reach Mr. President, it is my understanding that the Munitions those channels. These paid lecturers did not aim to present ob­ Committee has had available $125,000; that the committee jective facts; they did ·not make the slightest pretense that they is also interested in a munitions and arms project author­ were aiming at anything other than converting the students to socialism, to belie! in public ownership and all the economic and ized under the F. E. R. A., no. 16; that this project began social changes that belief implies." July 23, 1934; and up to date has had some $37,000; and has During the course of the twenty-fifth anniversary celebration had in its employ about 49 persons. I should like to make of the League for Industrial Democracy, held at Union Theological Seminary, New York City, during the closing days of 1930, Paul inquiry concerning that subject in a public way, and I shall Blanshard~ne of the paid lecturers of the league--is reported to ask that the information as to who these employees are be have said from the rostrum, in answer to questions: furnished me through the F. E. R. A. In other words, I am "Any pacifist agitation· which does not point to the fact that told that this organization is employing as investigators men the causes of war lie in the basis of capitalism is not only futile but it actually aids in causing war. who are able to support themselves; it is employing them " I think the Socialist Party should stand squarely against an and placing them on the relief rolls; it is employing them international conflict; whether we attempt to work for a general at the suggestion of the Munitions Committee. I do not strike or attempt to get its members to refuse to serve in the know whether or not that is true; I am simply stating the Army and Navy. information I have at hand. I also understand that under ~· I believe that no man should join the Socialist movement un­ less he is willing to pledge that he will not be a creature of na­ the F. E. R. A. there is another new project, no. 89, entitled tionalism in the next war." "Revision of Neutrality Laws, etc.", in connection with The League for Industrial Democracy, which has shaped every which a number of people are also being employed under step of the career of H. S. Raushenbush, teaches students that similar circumstances. It seems to me that the F. E. R. A. "only the abolition of a system that uses war to settle arguments between rival groups of imperialists will achieve" the abolition of should give that information to the Senate, and I shall ask war; and "Students, if they a.re really opposed to war, must carry it from them in a letter which I shall write to them as soon the fight home to the economic system that produces war." as I have time. The League for Industrial Democracy is communistic. It is com­ munistic not only because in the ranks of its leaders are to be What is the Communistic Party? The Communistic Party found· such Communists (expelled for disciplinary reasons from the falls under two subheads: First, the Young Communist Communist Party, United States of America, and now allied with League; second, the American Civil Liberties Union, and A. J. Muste) as J.B. S. Hardman, Ludwig Lore, Jay Lovestone, and also the National Students' League, to which I have here­ James Oneal; not only because many of its leaders are also on the official lists of Communist-aiding and Communist-controlled or­ tofore referred. Under the Young Communist League we ganizations; not only because many of its leaders meet Sidney find subversive activities in the Army and Navy. Hook's analytical definition, viz, "If by communism one means a. Under the American Civil Liberties Union we find the form of social organization in which the associated producers League for Industrial Democracy, Mr. Raushenbush being its democratically control the production and distribution of goods, then it is possible to be a Communist without being a Marxist, principal spokesman, and the American League Against War although every Marxist must be a Communist "-but particularly and Fascism and also other radical activities. because its objective is identical .with the. final and fundamental Under the Young Communist League we find Shipmates' objective announced by communism. Voice, which is a group of people distributing communistic • • • • • • • propaganda among seamen. We also find the Students Re­ Raushenbush, using the name "Hilmar Rauschenbush ", enlisted at Allentown, Pa. (Medical Department), July 18, 1917. His resi­ view, doing communistic work among the students in our dence at the time he enlisted was given as Rochester, N. Y. He various universities; also Student Activities Against Reserve was discharged at Mitchel Field, June 18, 1919, as private, first Officers' Training Corps and Government; also Teachers class. At the time of enlistment he was 21 years and 2 months. College, Columbia University; Moscow Universities; Women's • • • • International League for Peace and Freedom; Trades Union The League for Industrial Democracy " would build a world in which- the productively engaged would own and control the eco­ Unity League; World Peace Ways; Communist Labor Organ­ nomic structure that gives them life". On its membership-solici­ izations. tation cards it states that its object is " education for a new social I find that some of these organizations preach doctrines order based on production for use and not for profit." Moissaye which I cannot understand how anyone could support. I J. Olgin, publicist, one of the most rabid Communists in the United States, in his pamphlet, Why Communism, recently pub­ find an article by Winifred L. Chappell, secretary Methodist lished by the Communist firm, Workers' Library Publishers, has Federation for Social Service. I desire to say that this does this to say: not have the approval, as I understand, of the Methodist " We do not mean -a. system where the big industrialists swallow up the small and middle industrialists and where the big banker Protestant Episcopal Church. I quote from her article: gobbles up everybody and everything. But now a third choice, hardly so much as even heard of during "When we Communists speak of a society organized on the basis the World War, appears in this possibility: Stay out of jail-why of planned production snd distribution we mean something en­ thus separate yourself from the masses? Why thus let yourself tirely different. What we have in mind is very simple. It is clear be put out of the game? Accept the draft, take the drill, go into cut. Do away with production for profit." the camps and onto the battlefield, or into the munitions factories The League for Industrial Democracy, component of the Socialist and transportation work-but sabotage war preparations and war. Party, career mother o! H. S. Raushenbush, is increasingly found­ Be agitators for sabotage. Down tools when the order is to make as an organization, and through its leaders-in" united front" and and load munitions. Spoil war materials and machinery. other joint actions with Communists. The public contumely which Communists and Socialists each heap upon the party of I think it would be interesting to know what the members the other is but "smoke screen", simulated party jealousy. Prof. of the munitions committee had in mind even before they Paul H. Douglas, of the University of Chicago, a leader in the began taking any testimony. I cannot speak for the indi­ League for Industrial Democracy, and an acknowledged spokesman vidual members of the committee. I do not say that I can for both the league and the Socialist Party, has written and pub­ lished articles in which the following phrases occur: reflect the sentiment of many of the members of the com­ " • • • The doctrines of Karl Marx which have become the mittee. I believe that the committee had a good purpose in fountain head o! modern socialism" and" he (Marx) declared that mind, but I do not believe that that good purpose has been it was the mission of the working class to take over the factory carried out when it is attempted to justify the existence of system bodily and run it for their own benefit. No class," he said, "ever voluntarily gave up a system in which they were masters." the committee through the influence of Dorothy Detzer, or the The commonly accepted definition of the difference between investigator of the committee in the person of Mr. Raushen­ socialism and communism, both admittedly having as an objective bush. I find on August 30, 1934, before any testimony had state socialism, has been that socialism would proceed peaceably been taken, that this statement appeared in the New York to attain conditions which communism would attain by the sup­ posedly more rapid and efficacious method of violence. If further Times of that date: evidence than the preceding paragraph is required to indicate the Senator NYE, Republican, of North Dakota, chairman of the com­ · complaisant Socialist attitude toward the Communist method o! mittee, and Senator BONE, Democrat, of Washington, both go fur­ violence, even to the actual adoption of the method, reference can ther. They advocate complete Government operation of munitions be made to the proceedings of the 1934 convention of the Socialist plants, which, they contend, will lessen the possibility of interna­ Party, United States of America (Detroit), in which official ar- tional conflict by taking the" profits out of war." 1935 CONGRESSIONAL RECORD-SENATE 12469 Yet all the best authorities on munitions-I do not know of Iil order to understand why -Mr. Raushenbush is eligible a single, solitary exception-absolutely insist that proper to have an article in the book, let me set forth the purposes defense cannot be maintained except in cooperation with for which the book was printed. From the introduction on private interests as we have done ever since the beginning of page 13_, I read: our country. It is based on a Conference of the League for Industrial De- Senator CLARK, Democrat, of Missouri, said such a move should mocracy at Camp Tamiment late in June 1928. Wbile it utilized be "very desirable", and a .. great deal could be accomplished in papers submitted at that conference in discussion at the confer­ that direction toward peace", but added that he wished to study ence, the book is no mere transcript of proceedings. Papers and the question more thoroughly before taking a positive stand. discussions have been rearranged and re~ised with the consent of The views of other committee members were not obtainable. the authors of_ the papers and ne~ material has been added. Only "We cannot eliminate the activities of munitions makers in the most pertment parts ?f the mformal discussio? at the Tami­ 1 urging huge appropriations for war preparations", Senator PoPE 1 ment Conference, over which Norman Thomas p_res1~ed, have been said, "or eliminate their subversive activities at peace and dis- used. The ~or_k has been done by men who beheve m the general armament conferences until something is done to remove profit truth of socialism and profound~y believe i? the i~p~rtance, par­ from war." ticul~rly in. our headlong ~merica, o~ straight thmkmg_ and the . Wbat the committee does will depend a great deal upon public workmg philosophy on which any wise program of action must opinion. If the investigation discloses all that is expected, there depend. wm .b~ almost universal de~and for Government operation of That is a quotation from the introduction of the book, mumtions or other war-material plants. wherein is included, I think, one of the most socialistic Almost universal demand! articles I ever read under the authorship of our splendid I read from the New York Times of Tuesday, September and efficient investigator, Mr. H. S. Raushenbush. I read 25, 1934: again from page 14: John Taylor, Legion legislative representative here, predicted Against this background we are ready in part III to take up the that the National Legion convention at Miami next month would various points of view that divide radicals on tactics in general advocate stiff penalties for war-time profiteers and a universal and next steps in America in particular. • • * Such is the draft law. purpose of the bill. Its pages in its conclusions must speak for He said that commodity and labor prices should be "frozen" themselves. They must be tested in life. Their importance is in the event of war at an average of the prices prevailing for 3 anything but academic. They are bound up with the supreme· years previously. • • • adventure of mankind: The effort of men collectively to manage Although welcoming these views, Mr. NYE differed with the the physlcal power they have unloosed and the machinery they Legion leader on Government control of munitions making. have created so as to make them a blessing instead of a curse; a "The private munitions manufacturer must be destroyed or source of freedom for the workers and not their deep slavery; of be regulated more closely than any other private business", the life, not death, for us all. Senate investigator declared, making it clear that he strongly favored Government monopoly of the production of essential The first article, chapter 1, is entitled " The Dynamics of munitions of war. a Socialist Society ", and is written by Harry W. Laidler, to " The Government can't do that ", Mr. Taylor asserted in an whom I have heretofore referred. Let me quote one sentence interview. "It hasn't the facilities. It cannot hope to maintain, from page 3: in peace time, an industrial organization prepared to meet the demands of war." Socialists, of course, are of the opinion that the workers, when they secure control of government-human nature being as it is­ In a speech over the radio the Senator from North Da­ wi_ll, sooner or later, decide to use .their power to eliminate waste kota [Mr. NYE] said: and war and exploitation, to secure an increasing amount of liberty, equality of opportunity, and democracy, and that this The most effective way to do this is to make the Govern­ can be attained only by increasing control by the workers over ment the sole munitions maker and to write now, not after we their industrial life. have gone to war, law which will fix the rates of taxation to apply upon incomes automatically with a declaration of From page 4 I quote the following: war. • • • But what about industry? Will all industry be socially owned · . It would be unfair to say that munitions makers were wholly under a cooperative commonwealth, following the picture of such responsible for wars, for they are not. But it can be said with writers as Edward Bellamy, or will some industry still be retained large justification that the danger of more war can be very in private hands? • • * · greatly reduced by simply removing the element of profit from Of course, the amount of individual ownership and of social preparedness and the prospect of any profit for anyone from ownership will differ, as has been suggested, at different stages of war. social development, and the boundaries between the two will never I am simply giving the Senate these statements to show be clearly marked. But probably for decades to come individual will be found in at least four types of industry. These what is in the minds of members of this committee with include, first, the· field of handicraft industry. • * • reference to public ownership and operation of plants which Second, there will probably continue to be considerable private produce munitions of war. ownership in agriculture. Where does that lead us? I find a very definite plan in a They are going to let us have a garden-" Considerable socialistic program, and I now quote from the Vigilante: private ownership in agriculture." Every great revolution, but especially the Socialist revolution­ • Thirdly, individual enterprise will probably continue even if there had been no external war-is unthinkable without in certain forms of intellectual production. an internal war. The stupidity is evident of the chatter about Democratic unity, the dictatorship of the Democracy, the uni­ We will still have something to do with our own minds. versal Democratic front, and such like silly twaddle. Anyone • There is also a fourth field where the continuance of who has not learned from the course of the Russian revolution private industry may be socially desirable, and that is in the field of 1917-18 that half-and-half measures are impossible must of new enterprises where business men are experimenting on new be finally dropped. We conquered through methods of suppres­ inventions or devices. sion. • • • It ls necessary to introduce absolutely regular work so that it runs like clockwork. But how can the strictest From page 6 I quote the following: unity of will be secured? By the subordination of the will of During the period of private ownership it, of course, would be thousands to the will of a single person. Today the revolution perfectly possible to safeguard the worker and the consumer by demands, and that in the interest of socialism, the unquestioning certain legislation relating to hours, wages, sanitary conditions, subordination of the masses under the single will of the director prices, quality, profits, and taxation. And the employee of a of the process. private enterprise would always have the alternative of return­ ing to social industry if dissatisfied with his tr_eatment. In other words, Mussolini is in control of the affairs of The criterion as to whether private or public ownership should government in Italy to a greater extent than the friends of exist in any case would be that of social welfare. communism would put their dictator in control of the affairs In other words, it is going to be determined by the social of this country of ours. dictatorship itself. Why should I make any complaint? In support of the From page 7 I read the following: statement that there was a socialistic trend I inserted into In dealing with social ownership, there has, in the nature of the . the RECORD an article written by H. S. Raushenbush. I have case, especially among European Socialists, been a good deal of ~ shown his connection with other men and other organiza­ discussion of late regarding the territory that should be assigned tions. The book from which I will now quote is entitled to voluntary cooperative groups on the one hand and community · ownership, or, as Webb has it, to compulsory cooperation on the "The Socialism of Our Times", printed by the Vanguard other. The battle is still waging and no Socialist is in a position Press in 1928. to dogmatize regarding the limits of the two kinds of control. 12470 CONGRESSIONAL RECORD-SENATE AUGUST 5 The writer still says that there may be a little ownership we ltve in. It fs not pleasant to give up that dream of a violent triumph. We are sensitive about it. We hear the charge of of private property. I have been quoting from Mr. Laidler's cowardliness, of the unheroic quality of compromise. Let us article. He is an adviser, an associate, and a colleague of face that and have it down. It is a conflict and extends into all our friend Raushenbush. I read further from page 8: phases of life. Tb.us a distinct place would be found for private industry and From page 84, I quote the following: for voluntary cooperative industry under socialism. Finally, and most important, is the field allocated to public, governmental in­ To throw over economic interest and power for more spiritual dustry-municipal, State, and national. To public control would values seems a bad and forced second choice. According to Stol­ naturally be allocated the great industries connected with the ex­ berg, Christ did exactly that. In the first stages He was a revo­ ploitation of our natural resources-coal, oil, water, power, etc. lutionary patriot--wanted power. When He saw that He could not have that, He said, "Well, then, at least I will possess lllY I do not know whether or not he has ever heard of the own soul-blessed are the meek." He saw that power, such as all human, full-blooded people want, could not be had without Guffey coal bill. compromise, except at one point-- Register of July 8, 1935, as follows: Tugwell: Has it not meant the biggest improvement of product ever made in the same length of time, relatively the lowest cost and the Yet this is the most hopeful battle in which the American people widest distribution? have yet joined. And if it should be measurably successful, it will Suppose Government regimentation to cure some of the evils of be the most merciful of recorded human revolutions. For our ene­ the automobile rivalry of the last 30 years what assurance does mies are not individuals so much as they are institutions created anybody have that the community at large would have anywhere by those who misread the strength of our cultural purpose. We near the service it has today if the Government had stepped in at shall need no firing squads, no guillotines, no deportations, or con­ the start? centration camps. A few disconsolate millionaires may take refuge But that is not all of Government regimentation. What Secre­ on the ·Riviera and a scattering of self-conscious entrepreneurs may tary Tugwell suggests is what they all suggest in the end: go into eager exile in Greece or any other country whose extradition "We thought the challenge to make the world safe for democ· laws are flexible. racy sUfficiently important to call out all reserves of man power and of administrative sk111. For once the traditional forms of . In other words, he believes in such changes. organization were abandoned for those which were plainly neces­ This change is being advocated openly and avowedly. sary to the task at hand." Secretary Wallace, in his recent publication, said: The inference is perfectly plain and cannot be missed by any· body. That illference runs directly into what Mussolini and Hitler If we finally go all the way toward nationalism, it may be neces­ and Stalin are today doing. sary to have compulsory control of marketing, licensing of It is easy to picture the sort of muddle too much individualism plowed land, and quotas for every farmer for every product for results in. It is easy to picture an industrial heaven when every­ each month in the year. We may have to have Government con­ body ls employed at what he can do best and everything is dis· trol of all surpluses and a far greater degree of public ownership tributed according to everybody's needs. than we have now. It may be necessary to make a public utility But taking the world as it is which of the two programs has out of agriculture. Every plowed land would have its permit actually worked out? Was not the introducti9n of laissez faire (let sticking up on its post. And yet we have applied in this country alone) the beginning of the modern industrial and commercial only the barest beginnings of the sort of social discipline which a world? Has not regimentation everywhere and always deadened completely determined nationalism requires. initiative and gradually brought things to a standst111? I now read from page 199 of Land and Freedom for July­ Suppose the world could today be thrown open to a free compe­ August 1935. This is the " Code for the Agricultural Artel tition. Does anybody doubt that we should be at the beginning of a new era. so much more stimulating to the genius and energy of Adopted by the Second All-Union Congress of Collective the race than any we have had that only our pioneer period here Farm Udarniks and Confirmed by the Soviet of People's in America would compare with it? Commissars of the U.S. S. R., February 17, 1935 ": There is a suggestion with reference to individualism. The working peasants of the villages and country voluntarily I now wish to say a word or two further with reference to unite in the (name) Arte!, to construct a collective economy by general means of production and collectively organized labor, to the socialistic trend which I feel is taking place in this Gov­ secure full victory over the kulak, over all exploiters and enemies ernment. Under the N. R. A. there was an attempt to regi­ of the toilers of hand or brain, to conquer hunger and darkness, ment industry. Under some of the bills now being introduced -overcome the backwardness of small individual agriculture, create if a high productivity of labor, and thus secure a better life for the industry is to be regimented, even we have to adopt a collective farmers. constitutional amendmept. Under the A. A. A. the farmers The members of the Artel pledge themselves to strengthen their are to be regimented. Under T. V. A. public utilities are organization, work honestly, divide the collective fann income ac­ to be regimented. Under the banking bill we find a cen­ cording to the work done by each member, protect the general of property, guard the common good, care well for the tractors, ma­ tralization power. There is a general tendency all along chines, and horses, fulfill all duties to the workers' and peasants' the line toward regimentation; and now there is the pro­ government, and so make this collective farm Bolshevist and all posal of this committee that we have a yardstick, which collective farmers prosperous. would be a Government navY yard, set up to determine 2. ABOUT THE LAND whether or not a vessel is to be built at an ordinary price. All boundary marks, fonnerly dividing the separate lands of the As a member of the Committee on Appropriations I have members of the Artel, are to be abolished, and all lands converted had some experience with yardsticks. I am confident that into a single unit for the collective use of the Artel. the NavY officials today have all the information they could The land occupied by the Arte!, like all land in the U. S. S. R., possibly possess if they were building all of the vessels in the is the general property of the people. According to the law of the workers' and peasants' government, it is placed at the disposal of riavy yards today. In other words, there is everything acces­ the Artel for perpetual use forever, and shall not be bought, sold, sible they could possibly obtain if we had a Government yard­ or rented. stick all along the line. Therefore we are simply adding Then the article goes on and discusses the manner of the another to the list of socialized industries. division of the property rights, and so forth. That gives I do not know how many swallows it takes to make a some hint as to what the real Socialist view is with reference summer, and I do not believe anyone else does, but I do to the control of lands. know that after the industries, and the lands, and all the various interests of the country have been socialized, there is I find that another leading Socialist has written an article pure, unadulterated socialism; and we are drifting that way on The Farmer's Way Out. I read from page 7 of that now, and we are drifting that way very rapidly. pamphlet: Mr. President, I find that a pamphlet is issued by the What can be done a.bout these conditions which the farmers Relief Administration, one of the new publications issued for face? Why not do away with this system run on principles that the people to read. The speakers they will have to talk to a few grow rich at the e~ense of the working masses? The work­ ers and smaller farmers can take things in their own hands and the people include representatives of practically every so­ abolish the causes which bring poverty, unemployment, hunger, cialistic organization of which I know. Many of the speak­ ruin, and war. They can establish their own government, take ers are from the workers' college in New York, known as the over the banks, the big industries, the railroads, the mines, and the big capitalist farms. The working farmers can take their own strongest socialistic college there is in the country-the farms. The workers can run production for use, for the benefit o1 Brookwood Labor College. Mr. A. J. Muste is one of them; the many, instead of for the profit of the few. Mr. David J. Saposs is another. Mr. James O'Neal is of the This is the only way to really change things, for the tolling masses 1n the cities and in the country to take what they have produced, Rand School, which is also socialistic. We can go down the what rightfully belongs to them, to abolish the capitalist govern­ list, and we find a tendency all along the line toward the ment, and establish their own workers' and farmers' government teaching of socialism by those in charge of the relief work. in the United States. They have every right to do this. They are I think one of the most interesting experiment.s which the great majority of the population, they have produced all this wealth and these industries with their own hands, their own sweat has been undertaken, which tends along the line of socialism. and labor. They alone can build a new life for all-the things you is the new musical organization. I read from an article in want for your children-a secure life, education, and advancement. the New York Times of yesterday: 1935 CONGRESSIONAL RE(;ORD-SENATE 12473 18,000 MUSICIANS TO GET JOBS IN FEDERAL .ARTS RELIEF P&OGRAM­ enjoying everything possible. I believe they should have an CREATION OF SYMPHONY ORCHESTRAS AND DANCE BANDS ALL OVER opportunity to enjoy music, and I know of no reason why THE COUNTRY ls MAPPED UNDER SOKOLOFF-OFFICIALS PREDICT A "MUSICAL RENAISSANCE,, IN NATION they should not do so. The only question in my mind is how WASHINGTON, August 3.-A project described as the most elaborate much music they should enjoy at the expense of the Ameri­ State art program ever financed by a government will be under­ can taxpayer. taken with work relief millions under budgets for the drama, art, I wish to give a set-up of the Work Progress Administra .. music, and writers' programs, now awaiting President Roosevelt's signature. tion which is going to furnish music. The :financial state­ It was ascertained today that s~me 18,000 musicians on relief ment of the opera company which is to be organized shows rolls are to be employed on what is termed a constructive and that they are to have the following employees among others: far-reaching musical program, calculated to bring music of all kinds to villages and cities in every part of the country. Two leading sopranos, $500 per week. The music program developed by the F. E. R. A. for New York Of course we ought to have sopranos­ City will be expanded to take in the rest of the country from the crossroads of Kansas to metropolitan centers. The music pro­ Two leading sopranos, $400 per week. gram for New York itself will be amplified, and in all probab1lity Two leading sopranos, $250 per week. changed. Three small-part sopran0&- All musicians newly hired will be classified as to the type of I do not know how big they are; they are small-part work they are best fitted to do, in order that symphony orches­ tras, dance bands, chamber orchestras, and choral groups may be sopranos, $100 a week each- composed of specialists. Two leading contraltos, $350 per week. In addition to regular concert programs which will take in all Two leading contraltos, $250 per week. locallties where there are musicians on relief rolls, a special na­ Two small-part contraltos, $100 per week. tional program is planned for composers, and the many orchestras Two leading tenors, $500 per week. and bands which will operate under the direction of Washington wm play the worth-while music of new composers who are not on Mr. President, I ask that this entire list be printed in the relief rolls. RECORD, showing the itemized expense account. Because of financial difficulties most good orchestras today are unable to experiment with the music of unestabllshed composers, There being no objection, the matter was ordered to be it is said, but there will be no such restrictions on the rellef printed in the RECORD, as follows: orchestras, and numbers which appear to be worth while can be THE OPERA COMPANY introduced. Unemployed professional musicians will give free instructions Administration . in choral singing and the use of musical instruments to carefully Stage manager, salary per week------$200 selected groups which solicit teaching. 3 assistant stage managers at $100 per week______300 The entire program has been drafted with the idea of refrain­ 2 principal conductors, salary per week, $200______400 ing from competition with private musical organizations and 2 assistant conductors, salary per week, $100______200 teachers who are still able to make a living from their work. Conductor of the ballet, salary per week______150 The intention is to bring music to every American who has any Ballet master, salary per week______200 desire to listen. It is not the intention to force " classical " music Technical director, salary per week______150 on every community, but rather to give each one the dance music Chorus master, prompter, press agent, at $100 per week_____ 300 or other types which fit its taste. Stage carpenter and master electrician at $85 per week______170 HOPE FOR MUSICAL RENAISSANCE Property man and wardrobe woman at $85 per week______170 Business manager, salary per week______150 There probably never has been a time, officials here say, when Box office, door tenders, maids, stage hands, ushers, etc_____ 2, 300 so many good musicians in this country have been unemployed. Business office, royalties, advertising, printing ______l, 000 This situation is largely due to sound cinema, which did much to eliminate motion-picture orchestras, the dropping of musicians in Total for administration per week ______5, 690 many legitimate theaters, the restrictions imposed by the depres­ sion on the size of established symphony orchestras and the reduc­ The above does not include the salary of the director nor the tion in private support of musical endeavors. cost of light, electricity to run the stage, heat, air conditioning, or The new program will, it is hoped, bring a musical renaissance cleaning. It is likely that everyone would work the whole year in this country. The increasing support of the municipal opera with a short vacation. An annual salary of $200 a week equals in St. Louis and popular support for similar undertakings else­ $10,400, of $150 equals $7,800, of $100 equals $5,200, of $85 equals where lead officials to believe that some of the new orchestras to $4,420. be started may become sell-supporting and provide permanent em- The principal singers ployment for their musicians. . 2 leading sopranos, at $500 per week ______$1, 000 In obtaining the services of Dr. Nikolai Sokoloff, former con­ 2 leading sopranos, at $400 per week______800 ductor of the Cleveland Symphony Orchestra, as head of the under­ 2 leading sopranos, at $250 per week______500 taking, relief officials believe that they have assured a practical 3 small-part sopranos, at $100 per week______300 working out of the program. Dr. Sokoloff, they say, knows per­ sonally most of the important professional musicians in the coun­ 2,600 try, and has an intimate knowledge of the musical needs of most of the larger cities. 2 leading contraltos, at $350 per week______700 2 leading contraltos, at $250 per week______500 NEW YORK EXPANSION PLANNED 2 small-part contraltos, at $100 per week______200 The general objectives of the program are: The providing of physical relief for jobless professional musi­ 1,400 cians; the establishment and maintenance of high professional standards by reclassification of musicians and the establishment 2 leading tenors, at $500 per week------1, 000 of high technical standards, and the stimulation of community 2 leading tenors, at $400 per week______800 interest in social and recreational music; the creation of a large 2 leading tenors, at $250 per week------500 intelligent musical public. .3 small-part tenors, at $100 per week______300 A legal question as to whether some of these orchestras and choral groups will be permitted to travel about the country re­ 2.600 mains to be settled. . In New York City at present about 950 men and women are em­ 2 leading baritones, at $400 per week______800 ployed on various F. E. R. A. musical enterprises, and it is planned 3 leading baritones, at $300 per week______goo greatly to increase the number, since a large percentage of the 2 leading baritones, at $200 per week______400 jobless musicians are now located in New York. 2 small-part baritones, at $100 per week______200 There are at present 21 relief musical organizations of all types giving concerts 1n the city. They include orchestras, dance bands, 2,300 string quartets, a chamber trio, a Harlem string trio, and a boys' club band. 2 leading basses, at $400 per week------800 Choral groups under the new program will follow the lines of 3 leading basses, at $300 per week______900 several now giving performances in Boston. 2 leading basses, at $200 per week______400 2 small-part ba.sses, at $100 per week______200 Following that up, I wish to give just a little information which I think is of interest in connection with what is known 2,300 as the "Works Progress program." This shows where we Total salaries per week for 42 principal singers, $11,000. are drifting and what we are doing. · The chorus Under a code which I understand has been approved, the Twenty-six sopranos, 16 contraltos, 20 tenors, 24 basses---86 working procedure is definitely set out. I believe in people singers. LXXIX--786 12474 .CONGRESSIONAL RECORD-SENATE AUGUST 5 Singing dancers Sponsor: Public agency or body, such as department of educa­ Six sopranos, 10 contraltos; 6 tenors, 6 basses-28 singers. tion or recreation, in cooperation with State university, music schools, music-school settlement, neighborhood house, and other Total chorus singers and singing dancers, 114 at $32, $3,648. musical organizations. Russian ballet Plant and equipment: Space in schools or other agencies. Trans­ 8 principal dancers, averaging $125 per week ______.; ______$1, 000 portation. Participating agencies might share expenses. Piano 40 chorus dancers, at $32 per week______1, 280 may be contributed or rented; musicians to furnish own instru­ ments. Total Russian ballet, 48 dancers______2, 280 Materials: Music scores, songbooks, mimeographed music sheets; may be contributed or rented. The orchestra Personnel: Project supervisor and musicians qualified to teach i 4 first violins 3 flutes musical subjects. When musicians need retraining in order to 10 second violins 2 alto flutes qualify for this program a preliminary period for trainina of 8 violas 3 oboes teachers for group instruction and other special requirem°ents 6 cellos 1 oboe d'amore should be established. 6 basses 1 English horn Schedule: 1. The project for visiting teachers should be set up 3 clarinets in the county seat or other central location and program and 44 strings 1 · basset horn itinerary planned by project supervisor. . 4 harps 1 bass clarinet 2. Groups should be formed in outlying localities for the pur­ 3 bassoons pose of study, instruction, and appreciation of music. 4 French horns 1 double baS.soon 3. The instructors should plan to make a circuit of these com­ 3 trumpets munities with periodic visits. 3 trombones 19 wood winds 4. The following subjects might be taught: History of music· 2 euphoniums music appreciation; piano; choral, concert, and orchestral music: 1 bass tuba 1 kettle drummer theory; music accompaniments to dramatic performances, pageant;, 5 saxophones 2 percussion folk dancing, etc., might also be included. 5. Where a number of units are in operation it is suggested that 18 brass 88 musicians the work be coordinated through a teachers' institute. Result: 1. Rural communities which are now inactive in the musical field will receive instruction and encouragement in devel- Concert master, at $100 per week------$100 oping music programs. · 10 first instruments, at $80 per week------800 2. Many communities will benefit through the services of a 77 others, at $70 per week------5, 390 comparatively small group of teachers. Reference: Fera No. F-5.9. This procedure may be improved 6,290 or modified to meet local conditions. Suggested alterations should Total weekly running expenses be sent to Works Progress Administration, 1734 New York Avenue Administration------$5, 690 NW., Washington, D. C. Chorus and dancers------3,648 Russian ballet------2, 280 Here is another project which I think is most interesting. Principal singers ______.: ______.______,:. __ 11, 200 This is under the working procedure: ~ 0 tal 29 108 Operation of the delousing facilities for humans-a method of ------• delousing persons under congregate care, or others needing such A principal singer drawing $500 a week would . make $20,000 treatment. during a season of 40 weeks, and would sing twice a week; one drawing $400 would make the very comfortable salary of $16,000 The statement shows how big a bathroom is required, and in 40 weeks, ami they would be able to do their radio work and so forth, and so on. I am simply ref erring to it because have what they would earn provided they should be announced I do not know its extent. .each time as a member of the National Opera Co., furthermore, singers must learn .to gauge their salaries by the box office. Here is another project- Preliminary expenses ~tructions for planting subsistence gardens. REHEARSALS I thought everyone knew how ta plant gardens, but evi­ Stage manager, full salary, 6 weeks at $200 ______$1,200 dently that is not so. 3 assistant st age managers, 6 weeks at $100 ______1,800 A recitation of these projects simply gives some idea as to 2 principal opera conductors, 6 weeks at $200 ______2,400 2 assistant conductors, 6 weeks at $100 ______1, 200 the socialistic trend which affairs are taking, all at the Ballet conductor, full salary, 6 weeks at $150 ______900 expense of the taxpayer. It is my judgment that this trend Ballet master, full salary, 6 weeks at $200------1,200 is very apparent. It is found in practically every line of Technical director, full salary, 6 weeks at $150 ______900 endeavor. As yet I have not referred to the articles and Chorus master, prompter, press agent, 6 weeks at $100 ______1,800 Stage carpenter and master electrician, 6 weeks at $85 ____ _ 1,020 books written by Mr. Raushenbush and Mr. Laidler. I will Property man and wardrobe woman, 6 weeks at $85 ______1,020 simply refer to them briefly in closing. Orchestra, 88 musicians, 70 hours of rehearsal, at $1 per Power Control. This is a book published by Mr. Raushen­ hour------6,160 bush and Mr. Laidler, and I read from page 287: Total for 6 weeks' rehearsals------19, 600 To regain our lost provinces and to make electricity at reason­ able rates available to the people there are, broadly speaking, just EQUIPMENT two alternatives. One is a rather complete system of public own­ Scenery, costumes, properties, and music for 56 grand ership. At present this does not appear to the dominant political operas and musical dramas; 11 light operas and 20 consciousness of America. Obviously, public ownership has no pantom.ine ballets, in all 87 works covering 67 weeks self-working magic. It must be carefully planned through the of performances, at $3,000 per work ______$261, 000 coordination of the Federal Government, the States, and munici­ Organization, travel, printing, advertising, and rent______30, 000 palities. Then they proceed to discuss various difficulties in con­ Total-~------291,000 nection with public ownership. That is as far as I desire to Total preliminary expenses------310, 600 quote. It simply goes to show the trend of mind. Mr. ·Pt·esident, I find that there is also another project I will read a .short quotation with regard to planned econ­ which ought to be discussed. This relates to visiting music omy. I read from the Power of Fight, by Raushenbush, teachers for rural districts. I do not know what is more at page 174. socialistic than to have to furnish everything for everyone, If the price to be paid for Federal regulation is 1the acceptance of all the speculative values piled up by holding and banking and furnish it ~t the expense of the taxpayers. companies, running into hundreds of millions of dollars, then it is I read the instructions as to Working Procedure in con­ about time to call for a new deal all around, to admit that the private initiative for which we are paying such a high price is nection with the project to which I have just referred: really private initiative exercised for the purpose of laying heavy [Code No. -. Revised Feb. 5, 1935; revised July 1, 1935] burdens upon the consumer, and that instead of paying for it we ought to ellminate it from public business. WORKS PROGRESS ADMINISTRATION-WORKING PROCEDURE VISITING MUSIC TEACHERS FOR RURAL DISTRICTS There is a direct statement with reference to public owner­ Description: Teachers on musical subjects will establish a route ship. or circuit to give instructions in schools, agencies, clubs, and other In the matter of the different classes of socialism I desire ·centers to ch.ildren and adults. Weekly visits could be made in outlying areas. Headquarters might be in county seat or other to quote from Mr. Douglas in the Liberal Tradition, at page central location. 54, in-which he states: 1935 _CONGRESSIONAL RECORD-SENATE 12475 The case ls strong against the planners. Experience proves that The PRESIDING OFFICER. The question is on agreeing no group, however divine may be its spark of intelligence, 1s able [Mr. successfully to plan the various activities of man engaged in to the amendment offered by the Senator from Florida hundreds of thousands of different fields and employed in the TRAMMELL]. production of hundreds of thousands of articles which go to make Mr. TRAMMELL. Mr. President, I should like to make up our complicated modem social and economic organism. some very slight modifications in my amendment, and to There is a statement as to the impracticability of the ask the Senator in charge of the bill if he is not willing to various things which are being proposed by those most in­ accept the amendment in the modified form. I propose, in: terested. In other words, it is my judgment that public line 1 of my amendment, to strike out the words " The pro· ownership will in no way solve the problem of profits in viso of "; and in line 4, on page 1, where there appears ai munitions. I have no doubt that if one should go into the purely typographical error, I propose, after the word purchases of the Army and NavY he would find that many "States", to strike out the word "on" and to insert in lieu concerns selling automobiles have made profits fully in keep­ thereof the word " in." With these modifications I hope the ing with the profits made on warships. One would find in Senator will find it consistent to accept the amendment and the case of those who are selling foods that some of them make that much progress with the bill. undoubtedly made the same amount of profits. Mr. DUFFY. Mr. President, the Senator from Florida If any Senator is interested in following this subject believes that the amendment proposed will in no way inter.. through, I refer him to Socializing Our Democracy, by Laid­ fere with the provisions of the treaty which is now on the ler, who, following the philosophy which I have tried to Executive Calendar awaiting action by the Senate. The explain this afternoon, carries it through, and tells us where pending bill is largely an enabling act to enable this country it is leading us, and it seems to me that the steps we have to adhere to that treaty. I had some doubt on the qi:estion, been taking here in the past few years are right along the but the Senator from Florida feels very certain about his same line. position. Assuming that he is correct I have no objection to In order to put one more problem before the Senate with the adoption of the amendment as modified at this time. reference to the developments under the administration of The PRESIDING OFFICER. The clerk will state the , I ask leave to have printed in the RECORD amendment of the Senato+ from Florida [Mr. TRAMMELL], as at this point a short statement from the Pearson and modified. Allen column in the Washington Herald of this morning. The LEGISLATIVE CLERK. It is proposed., on page 10, to The PRESIDING OFFICER. Without objection, it is so strike out lines 3 to 15, inclusive, and insert, as modified, a' ordered. new section 11, as follows: · The statement is as follows: SEC. 11. Section 15 of such act, as amended, is hereby amended Harry Hopkins has got himself into the awkward situation of to read as follows: "That all copies of any copyright material in giving aid and comfort to the radical third party movement. the English language which shall be distributed in the United Almost no one knows it, but the platform of the third party States in book, pamphlet, map, or sheet form shall be printed group, which met in Chicago last month, was lifted almost bodily from type set within the limits of the United States, either by out of an economic survey made with F. E. R. A. Federal funds. hand or by the aid of any kind of typesetting machine, and/or from plates made within the limits of the United States; or, 1f the The survey was an effort to give work to unemployed. New text be produced by lithographic, photogravure, or photoengraving, York had a lot of technical men in or near the bread lines; set or any kindred process or any other process of reproduction now them to boondoggling on this question: What could United States or hereafter devised, then by a process wholly performed within industry produce 1f worked to capacity? the limits of the United States; and the printing or other repro­ Their unavoidable conclusion was that the country could pro­ duction of the text, and the binding of the said book or pamphlet, duce plenty; that present ills grow out of failure to distribute. shall be performed :within the limits of the United States. Said It was but a step from this to accusing capitalism of that failure, requirements shall extend also to any copyright illustrations, maps advocating its overthrow. · or charts within any book or pamphlet, or in sheet form. Said The engineers did not take this step, but the third party, using requirements shall not apply to works in raised characters for the their findings, did. It lifted the report almost in toto. use of the blind." One of the engineers helping to prepare the original F. E. R. A. report was Russian-born radical Walter L. Polakov. Having :fin­ The PRESIDING OFFICER. The question is on the adop­ ished the report, Polakov Is now working directly under Hopkins 1n tion of the amendment of the Senator from Florida [Mr. Washington. TRAMM:ELLJ as modified. Mr. DICKINSON. Mr. President, this problem is not new. The amendment, as modified, was agreed to. People have been working on the subject of disarmament SPECIAL MUNITIONS COMMITTEE-H. S. RAUSHENBUSH for all these years. Men can agree to follow a covenant or a treaty when they are in agreement and then they can Mr. VANDENBERG. Mr. President; I shall spend only a. break it at will in disagreement. Of course, I am for any moment or two in commenting upon the long and involved reasonable savings we can make in the Army and Navy. I address which has just been made by the distinguished Sen­ do not believe we are ever going to effect a saving by follow­ ator from Iowa [Mr. DICKINSON]. I heard only a portion of ing out the suggestions of an investigator who does not it, but I should not want to let his studied implications pass want to have an army or a nayY. As a matter of fact, I without a brief rejoinder, so far as the Senate's Special Mu­ do not intend by these statements to discredit the work of nitions Committee may seem to be involved. this committee. The members of the committee have Apparently the Senator from Iowa has sought to leave the worked hard. They have held many hearings. Their re­ impression, if not deliberately to create the inference, that port is a reflection of the views of Mr. Raushenbush, so far practically all and everything which the munitions inquiry as I have been able to analyze it. That being the case, I has produced by way of an advanced antiwar program is am convinced that the people ought to·read that report in either of Socialist origin or of communistic net result. My the light of the background which I have feebly attempted colleagues UPon the committee are amply able to speak for to outline here in this short period this afternoon. themselves, but I think what I am about to observe will have ENROLLED Bll.L PRESENTED the approval of my fellow " Communist " the distinguished senior Senator from Georgia [Mr. GEORGE], and my fellow Mrs. CARA WAY, from the Committee on Enrolled Bills, "Communist" the able junior Senator from Idaho [Mr. reported that on today, August 5, 1935, that committee pre­ PoPE], who occupies the chair at this moment. These are sented to the President of the United States the enrolled bill the only other members of our guileless and gullible commit­ (S. 2259) to amend sections 966 and 971 of chapter 22 of tee now present on the floor. the act of Congress entitled "An act to establish a Code of I think I am about as far from being a Socialist or a Com­ Law for the District of Columbia", approved March 3, 1901, munist as any man in the world, but I refuse to subscribe as amended, and for other purposes. to the absurd philosophy that I immediately become one of REVISION OF COPYRIGHT ACT the other if I happen to condemn the sinister war system The Senate resumed the consideration of the bill (S. 3047) which has crucified the world for a thousand years. I de­ to amend the act entitled "An act to amend and consolidate cline to allow the Socialist Party and the Communists of the acts respecting copyright", approved March 4, 1909, as America to enjoy a monopoly of that clear-thin.king, right­ amended, and for other purposes. thinking, clean-thinking effort which proposes, if hwnanlY, 12476 CONGRESSIONAL RECORD-SENATE AUGUST 5 possible, to quarantine·this war monster, so far as it can be which continue to find their way ·into the newspapers. I done, and, insofar as possible, save the generation of tomor­ have been a model of political perfection from the standpoint row from a repetition of the martial tragedies of yesterday. of silence and inaction for some days. Nonetheless, it seems Mr. President, if the Senator from Iowa intends his indict­ to be regarded by the public press that I should take some ment of Mr. Raushenbush to attach solely to his writings or notice of certain of the headlines and news articles of yes­ respecting the socialistic state, I have no comment to make terday. I read a headline from the Star of Sunday morning, whatever. I have no defense to offer for a socialistic state August 4, as follows: because I have no interest in it, and I join him in condemn­ Roosevelt to make Arkansas first battleground with LoNG. Ten­ ing many of the bureaucratic schemes now attempting to tative itinerary calls for speech at Little Rock to aid ROBINSON. regiment American freemen and rob them of their liberties. May visit Mississippi. But if, Mr. President, the purpose be to make it difficult by Another Washington newspaper, the Washington Herald such attacks for the munitions committee and its proposal of the same day, Sunday, August 4, 1935, carries on its front to demonetize war and to promote neutrality, if the purpose page a story under the headline: be-or if the effect be-to make it difficult for that program Roosevelt plans Arkansas speech. To aid RoBmsoN and HARRI- to succeed, then I protest in the name of millions of Ameri- soN against . cans who are not Socialists and who are not Communists, Another Washington newspaper, the Washington Post of but who decline again to be swept into needless war and Sunday, August 4, 1935-and I am reading from only the who refuse longer to condone cash-register patriotism. front pages of these newspapers-carries this headline: The Senator from Iowa has not had the benefit of all the testimony· that has been adduced before our committee. Fight on LoNG by Roosevelt seen in tour. President plans speech for ROBINSON, foe of Louisianan. The able Senator from Iowa does not know all the things that we know-the horrible things that we know-about the The New York Herald Tribune of the same day has a commercial motives and the sordid things that have been three-column headliile on the right-hand side of the page done more than once to promote war and to urge us on into reading: armed conflict. I doubt whether the Senator from Iowa Roosevelt to take stump in Arkansas. Carry war against LoNo knows all the things that we know about the exploitation of in South. To speak at Little Rock for RoBINsoN. May go on into the American people, yea, the exploitation of the American Mississippi and rally HARRisoN votes. Battle for control of party beginning. soldier under arms, in the front-line trench, by profiteers at . . . . home, who have not hesitated to put their dollar signs upon . Th~n .m the Philadelphia lnqIDrer of the same day there the battle flags of the Republic. . 1S a similar story headed: I charitably give him the credit for not knowing what he is _ Roosevelt plans invasion of South in war upon LoNG. Seeks to talking about. [Laughtei·.] If he did, it would make no heal party dissension by fight for RoBmsoN and HARRISON. difference to him if the whole program submitted by our A well-known organ of the administration, the Philadel­ committee was written in fact by Socialists. The net result phia Record, of Sunday, AUoaust 4, 1935, carries this headline: would justify itself. I simply cannot join him in giving F. n. R.- socialism that much monopoly of credit. He intimates that 1 suppose that should be Franklin Delano Roosevelt-­ we have been misled by pacifists. Yet our program-making will invade Arkansas to assist anti-Long battle. Speech for Rou­ a common reservoir of all our resources in the unhappy event msoN on coast trip will set political precedent. of another war-would make America utterly impregnable. Let the program stand for what it is. Let it speak for I will not read any more of these newspaper headlines; itself. Never mind what Mr. Raushenbush, who is only one but inasmuch as they appear in the accredited public jour­ faithful employee of the committee, may have done upon nals of the country, and particularly inasmuch as they ap­ some other day-although upon one of those other days he pear under such glamorous headlines in newspapers friendly was fighting for his country and earning three decorations, to the administration, I suppose that I should make a re­ which ordinarily is not the vestibule to insult. sponse, which I will endeavor to do in as few words as Never mind Mr. Raushenbush or anybody else. Take the possible. report of the committee for what it is worth. Attack the I have no message, Mr. President, from the President of report. Take the proposed legislation as it stands. Attack the United States as to whether he is going down to the the legislation. Take the legislation as it has been proposed South or not, and I have no word from him as to whether he is going d-0wn there to give me battle or not. As I said to the Senate not upon the responsibility of Mr. Raushenbush but upon the responsibility of the Senator from North Da­ some days ago, I have to receive these communications and kota [Mr. NYE], the Senator from Georgia [Mr. GEORGE], the take them in such light as a reasonable public accepts them, Senator from Idaho [Mr. POPE], the Senator from Missouri and, as I also said, the method of communication from the White House to me is through these indirect channels. I [Mr. CLARK], the Senator from New Jersey [Mr. BARBOUR], have no means of knowing that the President of the United the Senator from Washington [Mr. BoNEJ, and the junior States thinks it is a good thing to go down into the South Senator from Michigan. Let the proposed legislation speak to give me battle; but, if he has that idea, why pick Arkan­ for itself. It does propose to take the profit out of war. It sas? There is no election coming off in Arkansas for a long does propose to decommercialize the war motive if it is time; that is. not next fall. The election there will be a humanly possible to do it, and it does propose to end ex­ year from now, and the people will for get all about this ploitation and profiteering. If that be treason, make the most gauntlet that has been thrown down at the feet of the Sena­ of it. If it be socialism, make the most of it. However, the tor from Louisiana. There will be an election on in Lnuisi­ net result will be, in the judgment of our committee, regard­ ana in this coming January. I do not know how badly less of whom we may have incidentally employed in the certain gentlemen may need the help of the President in course of our inquiry, if that program may reach the statute Mississippi and in Arkansas next fall, a year from now, but books the children of tomorrow will be a little safer than I can tell him that the anti-Long element needs him in were the children of yesterday. For that I make no apology. Louisiana mighty bad right now. They are fiercely in need I am proud to march in such an adventure. [Manifestations of help there. of applause in the galleries.] Following the injunction of the scripture to " love your The PRESIDING OFFICER. The Chair calls the attention enemies and do good to those who hate you ", I would say on of the occupants of the galleries to the fact that no demon­ behalf of my political opposition that, if the President strations are permitted under the rules of the Senate. wishes to throw down the gauntlet and make an anti-Long WHAT IS THE LONG TERRITORY AND THE PRESIDENT'S ANTI-LONG war in the South, I live in the State of Louisiana, and the CAMPAIGN? campaign will come there first. Our people would feel Mr. LONG. Mr. President, for some weeks I have under­ greatly honored if the Chief Executive should see fit to visit taken to refrain from engaging in political discussion on the our State. I ·assure him that we would turn out in large floor of the Senate. I am not responsible for the articles numbers to hear· him. Someone may tell him differently, 1935 } .... _,. CONGRESSIONAL :RECORD-SENATE- 12477 but I assure him that 'information to the contrary would be time. I am compelled to leave the Chamber and that is my positively incorrect. I assure him the people of Louisiana reason for the request. I send the amendment to the desk. would feel more or less slighted in this kind of a crusade .The PRESIDING OFFICER (Mr. RUSSELL in the chair). if we were deprived of the pleasure of such a visit. The amendment will be stated. I have only this guaranty to give to the Chief Executive The LEGISLATIVE CLERK. It is proposed, on page 16, in line of his receiving a very large audience. I am satisfied he 25, after the word" case", to strike out the colon and insert will need no assistance other than my own, but, neverthe­ the following: less, in order that there may be a 100-percent guaranty that But in case of a newspaper reproduction of a copyrighted photo­ there will be a large attendance, I am almost willing. if he graph such damages shall not exceed the sum of $200. should insist, to volunteer my own presence on the same Mr. GEORGE. Mr. President, I should like to address stump on which he may speak. Never has there failed to be myself to the chairman of the committee and the Senator in a good-sized crowd in late years when I have spoken in that charge of the bill and ask if there be objection to the par­ or in any other State, but particularly in that State. 11 the ticular amendment. President should demand it, I would be willing that the sub­ I merely call attention to the fact that under the present ject most familiar to his heart might be there and then dis­ copyright law a limitation of $200 for the publication by a cussed, to wit, " What has become of the promises of the newspaper of a copyrighted photograph is fixed. Under the candidate of the Democratic party for the Presidency, and bill as it stands, without the amendment, there is no limita­ what can be expected from him in the future based upon tion except the general limitation of damages in the amount the character of performances which we have had through of $20,000. the preceding 2 % years? " I believe it will occur to the Senator from Wisconsin [Mr. Mr. President, an article appeared in some of the news­ DUFFY] that it is advisable to restore the limitation of $200 papers this morning pointing out that I have been quite for any publication by a newspaper of a copyrighted photo .. silent on the statements which those newspapers have pub­ graph. · lished relative to this contemplated southern invasion. I Mr. DUFFY. Mr. President, I understand that the amend.. did not know until yesterday that the President conceded ment proposed by the Senator from Georgia restores the Ian .. me a territory so wide and so large. I had not been given guage as it now exists in the law. It was, as the result of the information and am not given it yet, unless I take the some experience previous to that time, over a course of years newspapers as reflecting the President's viewpoint, that a that the present provision was inserted in the law. I have territory so large and so wide as to embrace the neighboring no objection to the amendment. States and other territory is under the Long banner. I Mr. LEWIS. Mr. President, may I say to the Senator from am sure that many of the Senators representing those Wisconsin [Mr. DUFFY] and the Senator from GeOi"gia [Mr. States would not only not make that kind of statement, but GEORGE] that from my State of Illinois have come a number that they would most vehemently and properly protest ainy of telegrams from newspapers insisting that the amendment such allusion. of the Senator from Georgia expresses what they feel is I should like to have a little more direct information. equity in behalf of the publishers, while a previous provision, I should like to be just a little better informed. Just what such as suggested by the Senator from Wisconsin as previ­ territory is it that the President considers foreign to his ously prevailing, or the possibilities of it, was a matter of is political welfare? Just what the line and the boundary great injustice to them~ I feel, sir, that acceptance by the which he designates as "Long territory" or territory inimi­ Senator from Wisconsin of the amendment of the Senator cal to the kind of alleged Democratic rule now prevailing from Georgia makes unnecessary the tender by myself or in this country? other Senators of any amendment to that ·provision of the I only undertake to fight on my home soil. I fight only bill. a defensive political war. I never invade foreign- territory. The PRESIDING OFFICER. The question is on agreeing But under the captions displayed in these friendly and, pos­ to the amendment of the Senator from Georgia. sibly, some of them, unfriendly newspapers, it would appear The amendment was agreed to. that the President of the United States has spread the veil over a vaiSt part of the United States and drawn a shadow SPECIAL MUNITIONS COMMITTEE-H. S. RAUSHENBUSH apparently reflected from a light which is hidden by my Mr. CLARK. Mr. President, I regret exceedingly that I QWil figure, so that this territory is blighted with an in­ was unable to be present during the whole of the valiant fluence credited to me. I do not know how wide the mind effort of the senior Senator from Iowa [Mr. DICKINSON] to of the President may be in that particular domain as being get under the wing of the munitions manufacturers and be­ friendly to me and unfriendly to him. I claim influence come a candidate of the American Liberty League for the only in my own native State which sends me to the Senate. Presidency of the United States. However, if the President of the United States alleges that Some 2 months ago, entirely apropos of nothing, the Sena­ this shadow, friendly to me or caused by me, extends beyond tor from Iowa saw fit to make an attack on Mr. Raushen .. the portals of the State of Louisiana, I want to assure him, bush, chief investigator for the munitions committee, and if I have that right, which I do not assert and which I and indirectly upon the committee itself. On the following day -0thers for the present will deny, that he will be welcomed the Senator from North Dakota [Mr. NYE], the Senator from wherever he may deem it to be unfriendly to himself or Michigan [Mr. VANDENBERG], and I made some observations friendly to me, and if at any time, in order that there may on the subject of the remarks made by the Senator from be complete harmony and understanding, I can accommodate Iowa, assisted to some extent by the Senator from Georgia the gentleman even outside the confines of the State of [Mr. GEORGE] and the Senator from Idaho [Mr. POPE], the Louisiana in helping to lay before the voters of the United other members of the munitions committee. States " What has become of the pledges on which he was I may say that the Senator from North Dakota and I, elected to office ", I am at his beck and call and, as an before addressing ourselves on the floor of the Senate to the .humble servant, always ready to bow in respectful recogni­ subject of the remarks made on the previous day or the tion of the desire or call of the learned Chief Executive of second previous day by the Senator from Iowa, took the the United States. trouble to notify the Senator from Iowa that it was our purpose to reply to his remarks. We did this separately and REVISION OF COPYRIGHT ACT without consultation between ourselves. For reasons best The Senate resumed the consideration of the bill (S. 3047> known to him the Senator from Iowa considered it the point to amend the act entitled "An act to amend and consolid~te of wisdom and prudence to remain in the lobby and declined the acts respecting copyright", approved March 4, 1909, as to come into the Chamber while the Senator from North amended, and for other purposes. · Dakota and I were answering his remarks. . Mr. GEORGE. Mr. President, I desire to offer an amend­ In the course of my remarks I called attention to the fact ment to the pending bill and ask consideration of it a~ this ~t the senator. from. Iqw~ had made precisely, word fo~ 12478 CONGRESSIONAL RECORD-SENATE· AUGUST 5 word and line for line, the attack on Mr. Raushenbush which is a singular coincidence that in the several weeks which had been made some 3 weeks previously by the notorious have elapsed since the previous interchange on this subject lobbyist for the shipbuilding interests, Mr. William B. the first day on which the Senator from North Dakota and Shearer, who had charged the shipbuilding companies thou­ myself both happened to be absent from the city was the sands upon thousands of dollars, as I recall, for sabotaging day chosen by the Senator from Iowa to make his attack. the Geneva Peace Conference. I stated at. that time that it The Senator from North Dakota was unavoidably detained, was apparent the Senator from Iowa was marching under the and I myself, due to the illness of two of my children, was :flag of Mr. Shearer, the munitions manufacturers, and the unable to be present on the floor of the Senate until shortly sabotagers.of the disarmament and peace conference. before 3 o'clock, near the close of the very eloquent attack Some days later the Senator from Iowa informed me that of the Senator from Iowa. it was his purpose in a day or two further to address the I have not had the advantage of seeing the transcript of Senate on the subject of the activities of the Munitions Com­ the complete address of the Senator from Iowa. I do not mittee and further to reflect upon the character of the desire to reply at this time to something I have not had an activities of Mr. Raushenbusb. At that time, on behalf of opportunity of seeing. I am not undertaking to censure or the Munitions Committee in general and myself in particular, blame the Senator from Iowa. We all know the hopes he I preferred only one request, and that was that I be notified entertains for next year, illusive though they may be, ridic­ when be intended to speak so I might be present in order to ulous though they may seem to some; and we all know, not participate in the discussion. only from the investigation of the Munitions Committee Mr. WAGNER. Mr. President, will the Senator yield? but from other investigations, the fact that munition makers Mr. CLARK. I yield. are a~ong the most liberal of all contributors to Presidential Mr. WAGNER. Would.the Senator object if I should raise .compaig:i funds. Therefore, I should not desire in any way the point of no quorum? May I do that in order that the to criticize or to hamper the style of my friend the senior Senator from Iowa [Mr. DICKINSON] may be present? Senator from Iowa. I simply desire to say that not having Mr. CLARK. I should be very glad . . I did not notify the been afforded an opportunity to have knowledge that the Senator from Iowa on this occasion because I was unable to Senator was to address the Senate today on this subject, and obtain the :floor at the conclusion of his speech, and in view having been unavoidably detained until just before the close of bis previous treatment of me I did not deem it necessary of his remarks, I shall not undertake to detain the Senate to notify him to be present. However, I should be very glad further at this time in replying to the remarks of the Sen­ to have a quorum called at this time. ator from Iowa; but I shall carefully read his remarks in the Mr. WAGNER. I suggest the absence of a quorum. RECORD in the morning, and if there is anything in his re­ The PRESIDING OFFICER. The clerk will call the roll. marks that is worth replying to, it is my purpose to reply · The legislative clerk called the roll, and the following as soon as I can obtain the :floor after the meeting of the Senators answered to their names: Senate tomorrow. Adams Costigan Logan Robinson MESSAGE FROM THE HOUSE Ashurst Diete1 ich Lonergan Russell Austin Donahey Long Schall A message from the House of Representatives, by Mr. Bachman Duffy McAdoo Schwellenbach Haltigan, one of its reading clerks, announced that the Bankhead Fletcher McCarran Sheppard Barbcur Frazier McGill Shipstead House had passed without amendment the following bills Barkley George McKellar Smith and joint resolutions of the Senate: Black Gerry McNary Steiwer S.1227. An act to authorize the issuance and sale to the Borah Gibson Minton Thomas, Okla. Bulkley Glass Moore Townsend United States of certain bonds of municipal governments in Bulow Gore Murphy Trammell Puerto Rico, and for other purposes; Burke Guffey Murray Tydings 1720. An act to authorize the Secretary of War to grant Byrd Hale Neely Vandenberg s. Byrnes Hastings Norbeck Van Nuys a right-of-way for street purposes .upon and across the San Capper Hatch O'Mahoney Wagner Antonio Arsenal, in the State of Texas; Cara way Hayden Overton Walsh Chavez Johnson Pittman Wheeler S. 3289. An act to authorize the ·attendance of the Marine Clark King Pope White Band at the United Confederate Veterans' 1935 reunion at Connally La Follette Radcliffe Amarillo, Tex.; Copeland LeWis Reynolds s. 3329. An act to authorize the transfer to the jurisdic­ The PRESIDING OFFICER. Seventy-eight Senators have tion of the Secretary of the Treasury of portions of the prop­ answered to th,eir names. A quorum is present. erty within the Fort Knox Military Reservation, Ky., for the Mr. CLARK. Mr. President, I regret exceedingly that the constructiOn thereon of certain public buildings, and for quorum call, which was so kindly requested by the Senator other purposes; from New York [Mr. WAGNER] for the purpose of producing S. J. Res. 96. Joint resolution to carry out the intention of the presence of the senior Senator from Iowa [Mr. DICKIN­ Congress with reference to the claims of the Crow Tribe of SON], has failed to induce the Senator to come into the Indians of Montana and any band thereof against the United Chamber. States; As I was remarking at the tinie ·of the quorum call, on the S. J. Res. 117. Joint resolution to provide for the reappoint­ occasion some 2 months ago when the .Senator from North ment of F'rederi.c A. ;Delano as a member of the Board of Dakota [Mr. NYEJ, the Senator from Michigan [Mr. VAN­ Regents of the Smithsonian Institution; DENBERG], and myself found it desirable to comment on some S. J. Res. 139. Joint resolution requesting the President to of th~ remarks made 2 days before by the Senator from extend to the International Statistical Institute an invita­ Iowa on the activities of Mr. Raushenbush, the chief ex­ tion to hold its twenty-!ourth session in the United States aminer for the Munitions Committee itself, we took the in 1939; and trouble to notify the Senator from Iowa and invite his pres­ S. J. Res.145. Joint resolution authorizing the appropria­ ence on the :floor. At that time, as on this occasion, the tion of funds for the maintenance of public order and the Senator from Iowa, either from choice or from considera­ protection of life and property during the period August 16, tions of prudence, deemed it desirable to stay outside the 1935, to August 31, 1935, both inclusive. Chamber. The message also announced that the House had severally The only request I made of the Senator from Iowa, when agreed to the amendment of the Senate to the following notified that he intended to pursue this subject further, was bills of the House: to suggest to him that I should like to be notified when he H. R. 351. An act for the relief of Jane B. Smith and Dora was about to make his remarks, so that I might be able to D. Smith; ·be present. Of course, I understand that Mr. Shearer is a H. R. 2125. An act for the relief of George William Hen­ very much overworked man, and it probably has taken Mr. ning; and ·Shearer some time to work up the necessary data for the H. R. 3230. An act for the relief of Rufus Hunter Black­ 'resumption of the attack by the Senator from Iowa; but it well, Jr. 1935 CONGRESSIONAL RECORD-.SENATE 12479 The message further announced that the House had sev:. Adams Costigan Logan Robinson Ashurst Dieterich Lonergan Russell erally agreed to the amendments of the Senate to the fol­ Austin Donahey Long Schall lowing bills of the House: Bachman Du1Iy McAdoo Schwellenbach - Bankhead Fletcher McCarran Sheppard H. R. 3641. An act to amend section 559 of the Code of Barbour Frazier McGill Shipstead the District of Columbia as to restriction on residence of Barkley George McKellar Smith members of the fire department; Black Gerry McNary Stelwer Borah Gibson Minton Thomas, Okla. H. R. 3642. An act to amend section 483 of the Code of the Bulkley Glass Moore Townsend District of Columbia as to residence of members of the Bulow Gore Murphy Trammell Burke Gu1Iey Murray Truman police department; Byrd Hale Neely Vandenberg H. R. 3979. An act to safeguard the estates of veterans Byrnes Hastings Norbeck VanNuys derived from payments of pension, compensation, emergency capper Hatch O'Mahoney Wagner Caraway Hayden Overton Walsh officers' retirement ·pay and ·insurance, and for other pur­ Chavez Johnson Pittman Wheeler poses; Clark King Pope White Connally La Follette Radcliffe H. R. 4507. An act to amend sections 1, 2, and 3 of the Copeland Lewis Reynolds act entitled "An act to provide for the commemoration of the termination of the War between the States at Appomat­ The PRESIDING OFFICER. Seventy-eight Senators tox Court House, Va.", approved June 18, 1930, and to es­ having answered to their names, a quorum is present. tablish the Appomattox Court House National Historical Mr. McKELLAR. Mr. President, I desire to make a very Park, and for other purposes; and short statement about the conference report. H. R. 7447. An act to amend an act to provide for a Union Senators will recall that last year we passed a bill directing Railroad Station in the District of Columbia, and for other that air mail contracts be let to the lowest bidders, under purposes. quite a number of conditions that were set out in the bill. · The message also announced that the House insisted upon We also provided that the Interstate Commerce Commission its amendments to the bill se of the report. turning ratemaking over to the Interstate Commerce Com­ - I ask the Chair to lay the report before the Senate. mission is an increase of rates over those which the com­ . The PRESIDING OFFICER. The Chair lays before the panies themselves had bid of $1,609,314.95. Senate the conference report on the air mail bill, which will In fixing its rates, the Interstate Commerce Commission, be read. as I have stated, did not examine the books, accounts, and The legislative clerk read the report of -the committee of records of any air mail companies. On eight of the com­ conference on the disagreeing votes of the two Houses on the panies, as is set out in the bill, the Commission allowed the amendment of the Senate to the bill (H. R. 6511) to amend maximum rate of 33 % cents. On all the other companies it the air mail laws and to authorize the extension of the -Air allowed a lesser sum, but on the average a rate of about Mail Service. 26 cents. (For conference report, see p, 12245, CONGRESSIONAL RECORD, - In the House bill there was a provision for a 20-percent in­ of Thursday, ·Aug. 1, 1935.) crease in the limitation of the rate. In round numbers, this - Mr. McKELLAR. I ask for the consideration of the re­ would have raised the limitation basic rate from about 33 % port at this time. cents to 40 cents. The Senate did not provide for any in­ The PRESIDING OFFICER. Is there objection to the crease in the limit_ation of rates. The conferees left the liin­ present consideration of the conference report? itations as they are in the present law but agreed to the There being no objection, the Senate proceeded to con- following amendment: sider the report. _ _ - The Commission is hereby authorized and directed, after having Mr. McKELLAR obtained the fioor. made a full and complete examination and audit of the books, Mr. McNARY. Mr. President, will the Senator yield? and after having examined and carefully scrutinized all expendi­ Mr. McKELLAR. Yes. tures and purported expenditures, of the holders of the contracts hereinafter referred to, for goods, lands, commodities, and services, Mr. McNARY. Several Senators nave requested that they in order to determine whether or not such expenditures were fair be notified at the time this matter is considered. I, there­ and just, and were not improper, excessive, or collusive, in the fore, suggest the absence of a quorum. cases of the eight air mail contracts which are allowed, by a The PRESIDING OFFICER. The clerk will call the roll. previous report of the Commission, the rate of 33 % cents per mile, under the provisions of the act of June 12, 1934, on routes The legislative clerk called the roll, and the following numbered 7, 12, 13, 14, 19, 25, 27, and 32, and the Commission Senators answered to their ·names: shall make a report to the Congress. not later than January 15, 12480 CONGRESSIONAL RECORD-SENATE AUGUST 5 1936, whether or not, in its judgment, a fair and reasonable rate the Senate, is an extremely important one, important not of compensation on each of said eight contracts, under the other provisions and conditions of said act, as herein amended, is in alone from the fact that it is dealing with a new mode of excess of 33Ya cents per mile; together with full facts and reasons transportation, a new mode of subsidy, as it were, but im­ 1n detail why it recommends for or against any claim for increase. portant because, as best we can, we are endeavoring to ~ake Frankly, I do not believe the Interstate Commerce Com­ our people air-minded, and to provide them with the very mission will recommend that any company be allowed a best means of transportation in the air, as we have sought to rate of over 33% cents after an examination of the books do with transportation upon the land. because I do not think the facts will justify paying any com­ I address myself to a single point in regard to this con­ pany even so large an amount as 33 % cents. In abundance ference agreement. It is necessary that we should under­ of caution, however, the conferees agreed to this amend­ stand that there have been two conference reports, in order ment. After we get the report of the Interstate Commerce wholly to comprehend the subject matter here. In the first Commission on January 15, 1936, the Senate and the House conference report submitted the endeavor was made, un­ will have the opportunity of passing on the report . of the wittingly, of course, I think, on the part of the Senate con­ ferees and·the House conferees, to freeze the situation so far Interstate Commerce Commis~ion. The ratification of the Interstate Commerce Commission's as transcontinental lines were concerned, and to give unto action in raising the rates, as heretofore explained, and this those particular transportation air lines which held contracts provision directing a special examination as to these eight with the Government an absolute monopoly, an absolute companies to be reported on by the Interstate Commerce monopoly, I repeat, which is obnoxious, of course, to most of Commission January 15, 1935, are the two principal changes us here, and obnoxious generally in regard to any transporta­ in the present law. Another change of less importance was tion facilities. Mr. McKELLAR. Mr. President, will the Senator yield? that, at the request of all the Pacific coast Senators and Mr. JOHNSON. I yield. Congressmen and delegations of citizens from tha.t territory, Mr. McKELLAR. I do not think it was the purpose of any the Pacific coast route from Seattle to San Diego was made of the conferees, certainly not of the Senate conferees, and a secondary route in order tha-t the transcontinental route I do not believe of the House conferees, to bring about such now owning the Pacific route could retain it. Whether this was wise or not, I cannot say, but as the people and repre­ a situation. Indeed, it seemed to me that we had prevented sentatives from the Pacific coast all desired it, the com­ that in the first report, and when the Senator from California first came to me I told him that I did not think there was mittee agreed to their desire. - any such provision in the bill; but upon a more careful The eastern route from New York to Miami, Fla., was examination I found that what the Senator from California treated in much the same manner. said was absolutely true, and for that reason I asked unani­ One of the transcontinental lines had bid upon its line mous consent, and received it, to take the bill back to con­ in three separate contracts. Authority was given the Post­ ference and that new conferees be appointed, which was master General in the amended bill to regard these three done, and I think we have remedied the difficulty, certainly contracts as one. Authority was also given to extend this to a very great extent, if not entirely. transcontine:ptal line from New York to Boston. Mr. JOHNSON. What the Senator from Tennessee [Mr. Provision was also made to safeguard more carefully the McKELLARJ says about what was done here is entirely ac­ rights of pilots. curate. I approached him when the first conference report Additional safeguards were thrown around interlocking was presented to the Senate, and called his attention to the directorates. In last year's bill the Postmaster General fact that the amendment which had been presented to the was authorized to examine each company's books, but not Senate by representatives of the West had been deleted in directed to do so. The Interstate Commerce Commission the conference report, and that the effect was to do exactly was authorized and directed to examine each company's what I have said-to give a monopoly to those subsidized books, and it did not do so. This present bill requires an air transportation companies which were dealing with trans­ examination by the Interstate Commerce Commission of continental transportation. That was the effect of it, each company's books and reports to be made to Congress. though, of course, not so designed. I acquit the Senator Each company is also required to report to Congress the from Tennessee and the other conferees of any such design. number of free passes given, with the names of the donees. Thereafter the first conference report was taken back and The Interstaite Commerce Commission is given jurisdic­ an endeavor was made in very good faith, in my opinion, tion to pass upon· unfair practices as between air mail and generously, so far as I was concerned, to correct the companies. evil of which I complained. I do not think the object has Mr. President, I might say that the Senator from Vermont been attained, as it was attained by the amendment which [Mr. AusTINJ insisted that an amendment be adopted, and it the committee of the Senate adopted, and the amendment was adopted, providing for an increase of the eastern route which was written into the bill by the Senate, and because along the Atlantic seaboard to Boston. The House confer­ of that fact I desire to call the Senate's attention to the ees were unwilling to agree to that, and the amendment was situation, and then permit the Senate to act as it may see left out. fit, of course, in respect to the second conference report. In the Senate provision was made for permitting old-line Senators realize that to us living 3,000 miles away one of . companies to appear before the Interstate Commerce Com- . the most important things in air transportation is the trans­ mission in order to have adjusted any unfair practices or continental line itself. Senators also realize that with us any other difficulties as between them and other carriers. not only is its existence important but the time consumed Of course, we had no jurisdiction over those matters en­ in a transcontinental trip is of importance as well. As­ tirely outside of air mail, because only air mail carriers are sume there was a line, transcontinental in character, which under the jurisdiction of the Committee on Post Offices and made the trip from Los Angeles to Kansas City, to Chicago, Post Roads. to Pittsburgh, to Washington, and that it made the trip The House was unwilling to accept our amendment, and with a greater degree of speed than any other transconti­ we had great difficulty. We really had to take the bill back nental line which was in existence. If such transcontinental to conference twice in order to obtain an agreement under line were an "offline ", as it is termed, in making its trip which, in my judgment, any carrier may take his troubles to by the route I have designated-Los Angeles, Kansas City, the Interstate Commerce Commission and have that Com­ Chicago, Pittsburgh, Washington-then that line was denied mission pass upon the differences which may arise regard­ the privileges which ·should have been accorded a trans­ ing unfair practices. continental line, and the transcontinental line that had an­ I believe I have about covered the report as it has been other route which was not so rapid was frozen in its bene­ submitted, and I ask that it be agreed to, unless some Sena­ fits, and had a monopoly so far as the bill we are now tor wishes to ask a question or desires to discuss the report. passing is concerned. Mr. JOHNSON. Mr. President, the bill-which is presented, That I think will go 'Without saying. The Senate en­ after very great study and meticulous care by the House a.nd deavored to correct that defect by its amendment by which 1935 CONGRESSIONAL RECORD-.:SENATE 12481 it provided in so many words that if the Interstate commerce I submit that that language does not wholly do what the Commission gave a certificate of necessity ·and convenience, Senate sought to do and what the amendments presented then the operation might be had and mj.ght be authorized. to the committee and adopted by it and presented to the The first conference report and the agreement of the con­ Senate and adopted by the Senate actually did do. There ferees deleted every word of that amendment, and not only ought to be no question of the right of any transcontinental deleted every word of it but deleted an amendment which airway to operate its airplanes as it sees fit across the con­ had been adopted on the floor of the Senate, as I recall, into tinent, save for the supervision, of course, of the Interstate. which the question of competition ·between the two lines did Commerce Commission, and the question oug_ht not to be in not enter at all, and which provided that upon the issuance the last instance as it is made here by the Senate and the of a certificate of convenience and necessity, such as the House conferees, whether or not the maintenance of that Interstate Commerce Commission issues in certain transpor­ sort of a line would reduce some profits which might accrue tation matters, the particular air transportation company to an airline that already has a contract with the Govern­ should be permitted to run its line. ment. It cannot be our purpose, of course, to favor one line as That is my objection to the report as presented. It is the against another. It ·cannot be our purpose, of course, to one objection which I think is of a fatal character to the freeze a situation which is profitable to one company and is accomplishment which is desired by all of us here in relation not participated in by another. The reason which was given to the bill. I want to encourage air mail contracts. I want for the original action, as I understand, was that it was not to encourage air transportation. · fair competition for the one line to make a great expenditure I do not want to freeze our transportation absolutely in and run its airplanes all over the continent in the f asbion accordance with air mail contracts. I want the right of that some companies are now doing, because such competi­ one that is an off-line carrier, as it is termed, to compete tion would become unfair, as it wa~ designated, by the fact with any other air line company that may exist. that it might decrease the business of a subsidized trans­ Mr. McKELLAR. Mr. President, may I say to the Senator continental line; and from that, said the friends of those from California that I agree with him entirely that there who would freeze the situation in the manner which I have should be no monopoly, and there never will be if I can indicated, would flow the necessary consequence that the prevent it? rates of subsidy would be higher in payment from the United In the next place, I agree with the Senator entirely that States Government to the line that already had the contract there ought to be absolute fairness. Under the provision with the Government and that was affected by the competi- which he last read and which was inserted in the bill after tion of another line. · a very strong protest on the part of those who represented To that sort of logic I cannot for a moment subscribe. the House, I believe it will do, substantially at any rate, what If there is a transcontinental line which runs its airplanes was required by the original Senate provision. across the continent and which has its mail contracts, and another line of its own initiative or by the initiative of the Mr. JOHNSON. Mr. President-- people of the West or of the East endeavors to establish a The PRESIDING OFFICER. Does the Senator from Ten­ competing service, it is ridiculous, from my point of view, nessee yield to the Senator from California? to say that the second line shall not be permitted to do Mr. McKELLAR. Certainly. business because it may interfere with the profit which will Mr. JOHNSON. What was the objection to adopting the. be made by the line which is subsidized by the Government. Senate amendment? That is exactly what was done by the conferees in the first Mr. McKELLAR. It was the same objection the Senator place-unwittingly, I say-and which was attempted to be has just mentioned, namely, that it was felt it would raise corrected by the Senator from Tennessee in the next con­ the rates. It seems to me the objection was not well. ference. founded. Let us see how it is corrected. I read from the last con­ Mr. JOHNSON. That is, it would raise the rates-- ference report of August 1, 1935: Mr. McKELLAR. It would raise the rates which the Gov­ Upon application of the Postmaster General or of any interested ernment would have to pay because it would allow one com­ air mail contractor, setting forth that the general transport busi­ pany to take away the business of an air mail company. ness or earnings upon an air mail route are being adversely af­ Mr. JOHNSON. I submit there is a fundamental ques­ fected by any alleged unfair practice of another air mail con­ tion presented. The fundamental question presented is tractor, or by any competitive air transport service supplied by an air mail contractor other than that supplied by him on the line whether fair competition will be pennitted to exist in air of his prescribed air mail route, or by any service inaugurated by transportation. him after July l, 1935, through the scheduling of competitive Mr. McKELLAR. Unquestionably, if the Interstate Com­ nonmail flights over an air mail route, the Interstate Commerce Commission shall, after giving reasonable notice to the air mail merce Com.mission will examine carefully and pass upon the contractor complained of, inquire fully into the subject matter of question, there will be fairness under this provision. the allegations; and if the Commission shall find such practice or Mr. AUSTIN. Mr. President, I have no hope of affecting competition or any part thereof to be unfair, or that such com­ petitive service in whole or in part is not reasonably required in in any degree the legislation about to be passed. I have the interest of public convenience and necessity, and if the Com­ stood on the floor of the Senate attempting to contribute the mission shall further find that in either case the receipts or product of weeks of extensive study to the consideration of expenses of an air mail contractor are so affected thereby as to tend to increase the cost of air mail transportation, then it shall the subject of the air mail. No assertion that my interest order such practice or competitive service, or both, as the case was purely in behalf of the public welfare or that the con­ may be, discontinued or restricted in accordance with such find­ tributions I desired to make were nonpolitical made any ings, and the respondent air mail contractor named in the order difference whatever in the measure as it finally passed the shall comply therewith within a reasonable time to be fixed in such order. Senate. I do not hope for a different result at the present time. Nevertheless, I do hope that there may be a salutary I hope that the language is apparent to all of us here, and effect as the emotionalism growing out of the air mail in­ that we understand exactly what the conditions are upon vestigation gradually recedes and Senators become willing which a discontinuance of air service may be ordered. really to face the facts which were developed and reported, The following amendment in the second conference report to confront the situation as it is today, and to undertake to was finally inserted, which it is insisted meets the require­ carry out the great plan of a competitive air mail service ments of the western transcontinental lines: evenly competitive at all important points, or as nearly · If the Commission shall find after like application, notice, and evenly competitive as we can devise it. hearing, that the public convenience and necessity require addi­ tional service or schedule-- Every piece of legislation on this subject we have enacted I am reading it grammatically, not as printed- since the McNary-Watres Act was destroyed has seemed to have for its objective the destruction of that principle of additional service or schedules and such service or schedules do. is a. · not tend to increase the service of air mall transportation, it may competition which so essential in the building up of permit the institution and maintenance of such schedules and new and infant industry such as this in order that equality prescribe the frequency thereof. of service in respect to safety and speed and all the things 12482 CONGRESSIONAL RECORD-SENATE AUGUST 5 for which the air mail must stand may be encouraged and Mr. McKELLAR. The Senator knows how very difficult promoted rather than discouraged; that we may hold out it is to keep in a bill all of the amendments of either House. incentive for improvement rather than incentive for reduc­ It is almost impossible to conclude a conference without tion in the safety and efficiency of the institution. giving and taking. I very much regret that the House did Mr. McKELLAR. Mr. President- not agree to that amendment. I think it was a very wise The PRESIDING OFFICER. Does the Senator from Ver­ amendment, and that it should have been acquiesced in by mont yield to the Senator from Tennessee? the conferees. Mr. AUSTIN. Certainly. Mr. AUSTIN. Mr. President, I fully accept the statement Mr. McKELLAR. It has been suggested that we empower of the Senator from Tennessee; and what I have to say the Interstate Commerce Commission to receive bids, say, should not be interpreted as a criticism of the representa­ once every 3 years, so as to promote. the idea of competition. tives of the Senate in the conference. Would the Senator be willing to state what would be his Mr. McKELLAR. Oh, no; I do not so interpret the Sena­ reaction to that suggestion? So far as the committee is con­ tor's remarks; but I desire to explain to the Senator just cerned, the committee is very much in favor of air mail and what our difficulties were. wants to see it progress and prosper. I am wondering what Mr. AUSTIN. Yes; I realize that those difficulties were the Senator would think about having competitive bidding very great, and I have considerable commiseration for the periodically? representatives of the Senate, because they either gave up Mr. AUSTIN. This is the first time that idea has been or lost out on every one of the amendments adopted by the presented to me. I am perfectly willing to give an off-hand Senate-a most strange coincidence. opinion on it, reserving, as I am entitled to do, the right to Here is the way the legislation would have read had we change that opinion upon more mature consideration. Off­ been able to maintain the amendment adopted by the Sen­ hand, that sounds very good to me in two regards. One is ate. I read from page i7 of the draft of the bill as it then the period of 3 years, which contains at least a more diffused stood. This cannot be read from the committee report, be­ impression of stability which the present legislation does not cause it is entirely deleted: contain, and the other is the appearance, at least, of free­ Provided, however, That if the Interstate Commerce Commis­ dom from political influence. sion, on petition of any contractor interested or on its own initia­ Mr. McKELLAR. May I say to the Senator that my tive, after due notice to the Postmaster General and all parties in interest and a hearing thereon, shall be of the opinion that reaction to the suggestion was exactly the same as his. the public interest so requires, it may by order require the sus­ Mr. AUSTIN. What I have to say I am going to try to pension or the decrease or may permit an increase in the fre­ make brief, but I wish to develop certain thoughts affecting quency of such schedules; and after such hearing it may permit an air mail contractor to maintain passenger or express service . the air mail report from the conference committee in the off the line of his air mall route whether it competes with pas­ hope that some day we who appear to be opposed to each senger or express service available upon another air mail route other upon the subject may get together, and that, although or not. nothing may be done today, something may be done later to That language is not susceptible of confusion. That lan­ remedy the defects which we are apparently consolidating guage crystallizes, not monopoly, but competition; and, as in our air mail legislation. applied to the northeastern section of the United States and Let us take the amendment which was so ably discussed the Atlantic coast, Senators can see the picture of what is by the Senator from California [Mr. JoHNSONJ. Let us real­ meant. ize that the Senator from Vermont is discussing it not from Here is American Airways, with a contract for a route run­ the State point of view but rather the national point of view, ning straight from New York to Montreal. Can it, as an off­ and yet that perhaps his thought upon the subject is affected line route, carry passengers or express into my home city of by the fact that he knows the Atlantic coast. Let us con­ Burlington? I can sit on my back porch and observe the sider that feature of the conference report so ably discussed ships of the American Airways fiying over Lake Champlain by the Senator from California and do it in its application to within half a mile of our airport; but they do not stop and the Atlantic coast. serve us. If they did, we might go out to the airport and get The amendment which was adopted unanimously by the into an airplane and fly to Washington. Can we do it? No. Senate-there was no controversy at all about it--was this; Can such a condition possibly be brought about under this and I refer to the RECORD at page 9969: proposed legislation? No; absolutely not. It is prohibited The next amendment, offered by Mr. MCKELLAR to the commit­ by the law we are today enacting, because under this new law tee amendment- an air mail contractor cannot obtain an off-line route, not It will be understood that the Senator from Tennessee, even for half a mile, unless certain facts are found. What chairman of the committee, was offering the amendment on are they? behalf of the Senator from Vermont, as he stated according Mr. McKELLAR. Mr. President-- to the RECORD, on page 9968, the opposing parties having The PRESIDING OFFICER (Mr. MOORE in the chair) . gotten together and agreed on it. Does the Senator from Vermont yield to the Senator from I continue to read: Tennessee?. was, on page 17, line 20, after the word "schedules", to insert Mr. AUSTIN. I do. "and after such hearing it may permit an air mail contractor to Mr. McKELLAR. Right there, I call the Senator's atten­ maintain passenger or express service off the line . of his a.ir mail route whether it competes with passenger or express service avail­ tion to the last sentence but one in section 15, on page 6, of able upon another air mail route or not." the report: In other words, to put the whole amendment together, this If the Commission shall find and after like application, notice, and hearing that the public convenience and necessity requires ad­ is what everybody in interest agreed to-- ditional service or schedules and such service or schedules do not Mr. JOHNSON. Mr. President, may I ask the Senator tend to increase the cost of air mall transportation, it may permit whether that amendment was adopted by the Senate? the institution and maintenance o! such schedules and prescribe Mr. AUSTIN. It was adopted by the Senate. the frequency thereof. Mr. JOHNSON. Who offered the amendment? Under that provision, in the very case the Senator men­ Mr. AUSTIN. The Senator from Tennessee [Mr. Mc­ tions, if it were desired by those interested to make stops or KELLAR], on behalf, as he said, of the Senator from Vermont, to change schedules, they could go before the Interstate we having agreed on it. Commerce Commission and have it done. Here is what the legislation would have been, had the con­ Mr. AUSTIN. I wish that construction could be made of ference committee of Senate and House stayed with the this proposed law. amendment. I read--- Mr. McKELLAR. That is what was intended to be done. . Mr. McKELLAR. Mr. President, will the Senator yield Mr. AUSTIN. I have not any doubt at all of the good before he begins to read? intentions of the representatives of the Senate in the con­ Mr. AUSTIN. Yes. ference; but there is not one word of authority in what has 1935 CONGRESSIONAL RECORD-SENATE 12483 just been read from page 6 to allow the creation of an off-line which constitutes the amendment in the second conference route. There is not any authority at all given by this addi­ report: tion, save to increase the schedules on a route already estab­ If the Commission shall find after like application, notice, and lished; that is all. hearing that the public convenience and necessity requires addi­ tional service or schedules and such service or schedules do not Mr. McKELLAR. Mr. President, I think the companies tend to increase the cost of air mail transportation, it may per­ themselves feel that they have that right under this provision. mit the institution and maintenance of such schedules and Mr. AUSTIN. Mr. President, I have not talked with a prescribe the frequency thereof. representative of a single company relative to this subject. That alone is the amendment presented by the second I do not know what they think about it. Of course, I should conference report. respect what they think, if I did know; but I have to deal Mr. McKELLAR. On this particular subject. with this proposed legislation as a legislator. I have to inter­ Mr. JOHNSON. On this subject. That does not mean, in pret it with such faculties as the good Lord permits me to the opinion of the Senator from Vermont, that any off line have; and, as I read that language, it deals with schedules could be or would be permitted in any air transportation? in as plain English as anyone can use. It does not deal with Mr AUSTIN. That is correct, provided the contractor any additional routes; and, what is worse than that, the applying has a contract. Of course, this proposed law is schedules may not be increased or decreased until after the supposed to deal with mail contractors, and my answer has conditions which are attached to this power shall have· been to be considered with reference to that basic assumption. met. Mr. JOHNSON. Of course, that was my assumption, be· To what does the provision on page 6 refer? Does it refer cause we are dealing solely with the contractual relations to off-line routes? Not at all. The subject of off-line routes of the air lines and the Government. is not involved in any way at all. It deals with the subject Mr. AUSTIN. Yes. . of unfair competition and unfair practices of another air Mr. JOHNSON. But under the bill there could not be op- mail contractor; and it has for its objective not off-line erated at all an off-line of the character we have indicated? routes, new routes, additional competition, but the preven­ Mr. AUSTIN. That is correct. tion of competition. Read it carefully, and it will be seen Mr. JOHNSON. I think the Senator is entirely correct. that as a palliative, a mere sop, something with which to Mr. AUSTIN. And I will point out why not. fool somebody, it is grafted on a tree of so strange a char­ Mr. McKELLAR. Mr. President, will the Senator from acter that we cannot possibly identify it as the same kind of Vermont yield to me? a tree we were dealing with originally in the Senate when Mr. AUSTIN. I yield. we adopted the Senate amendment. · Mr. McKELLAR. If the Senator will look at the top of All that may be done under that power will not help us. page 6 of the report he will find these words: All that may be done under that power will not save the great Upon application of the Postmaster General or of any interested transcontinental lines operating out of Los Angeles and San air mail contractor, setting forth that the general transport busi­ ness or earnings upon an air mail route are being adversely Francisco. They may not, under this proposed legislation, affected by any alleged unfair practice of another air mail con­ obtain an off-line route unless these conditions shall be tractor, or by any competitive air-transport service supplied by an found, namely: air mail contractor other than that supplied by him on the line of his prescribed air mail route, or by any service inaugurated by That the general transport business or earnings upon an air­ him after July 1, 1935, through the scheduling of competitive mail route are being adversely affected by any alleged unfair prac­ nonmail flights over an air mail route, the Interstate Commerce tice of another air mail contractor. Commission shall, after giving reasonable notice to the air mail That is one of the they must show. They must contractor complained of, inquire fully into the subject matter of show that they are suffering from some unfair treatment by the allegations. their competitor before they may get into the class referred Then it prescribes what shall be done. At the beginning to in this section of the proposed law. of the next sentence it is provided that if the Commission Proceed further with the examination of that section, and s:Q.all find after like application, and so forth, all the things it will be seen that there is a very narrow and limited class that are recited in the beginning of the paragraph I have which may have the benefit of this new sentence: read, beginning near the top of page 6, it shall act. In other words, the provision applies all these routes, competitive If the Commission shall find after like application, notice, and to hearing, that the public convenience and necessity requires addi­ routes, off-line routes, if they have to do with air mail car· tional service or schedules and such service or schedules do not riers, and the Interstate Commerce Commission is made the tend to increase the cost of air mail transportation, it may permit sole arbiter of the unfair practices and can take off schedules the institution and maintenance of- or increase schedules, or do whatever is necessary in order Of what? A new route, an off-line route? No; but of that right. may be done and fairness be reached in the "such schedules and prescribe the frequency thereof." premises. That is all the right it gives, and that right is given to a Mr. JOHNSON. Mr. President, will the Senator from Ver­ very limited class. The class comprehended by the amend­ mont yield to me to ask the Senator from Tennessee a ment adopted by the Senate unanimously, agreed to by the question? parties who especially studied it, included the entire class of Mr. AUSTIN. I yield. those who might fly and carry passengers and express. Mr. JOHNSON. What does the Senator from Tennessee Hear it. It may permit an air mail contractor to maintain mean by " like applications"? passenger or express service off the line of its air mail route Mr. McKELLAR. When the Postmaster General or any whether it competes with passenger or express service avail­ interested air mail contractor files a complaint against an able by another air mail route or not. air mail contractor, if another air mail contractor desires to There is no limit to it at all. It is easy to see what has file a complaint, he will have the right to do so. In other been done to the Senate in the conference with respect to words, any air mail contractor-and this deals only with air that very important objective of legislation, namely, even mail contracts-whether defendant or plaintiff, may have open competition. justice done him if he will apply to the Commission. I think I will take no more of the valuable time of the Mr. JOHNSON. Then as the Senator construes it, any air Senate upon that particular point. Let Us go back to the mail contractor who may be upon an off-line could make an very first amendment which was adopted, and I call atten­ application to the Interstate Commerce Commission for the tion to page 9968 of the CONGRESSIONAL RECORD. determination as required by the act? Mr. JOHNSON. Mr. President, will the Senator yield? Mr. MCKELLAR. Absolutely. Mr. AUSTIN. I yield. Mr. JOHNSON. We are at variance. Mr. JOHNSON. Before the Senator leaves the question Mr. AUSTIN. Mr. President, I promised to point out why he has been discussing, I wish to have the record perfectly no air mail contractor could, after the enactment of this plain as to the interpretation and construction by the proposed legislation, obtain the right to a route of! his line­ Senator and myself upon the one sentence he has read, that is, an off-line route-and I do so now. • 12484 CONGRESSIONAL RECORD-SENATE AUGUST 5 · On page 5 of the report, section 12, referring to section 15 Mr. McKELLAR. Mr. President, will the Senator yield? of the original act as amended, contains the following prohi­ Mr. AUSTIN. I yield. pition: Mr. McKELLAR. The Senator from California did not After June 30, 1935- intend to do so, but be covered a little more territory than I admitted. The fact about it is that the bill bas From now on, at any time after the law shall be enacted­ nothing to do with any air mail companies, except air mail After June 30, 1935, no air mail contractor shall be allowed to contracting companies, and the purpose of the last confer­ maintain passenger or express service off the line of his air mail route which in any way competes with passenger or express service ence report was to prohibit aircraft companies carrying air available upon another air mail route, except that off-line competi­ mail from doing injustice one to the other; and the Inter­ tive service which has been regularly maintained on and prior to state Commerce Commission is given full authority to pass July l, 1935, and such seasonal schedules as may have been regu­ larly maintained during the year prior to July 1, 1935, may be on questions which arise. That is all there is in this section. continued if restricted to the number of schedules and to the stops Mr. BORAH. Mr. President, may I ask .a question of the scheduled and in effect during such period or season. Senator from Tennessee? Do Senators desire anything plainer than that? There Mr. AUSTIN. I yield. is an absolute prohibition, so clear that everyone may Under­ Mr. BORAH. Do I understand correctly that the Senator stand it. It seems to me that closes the incident. This piece contends that this bill deals solely with air mail carrier con­ of legislation probably never was understood. tractors? Let us now go to another amendment. Mr. McKELLAR. Yes. The bill came before the Com­ Mr. BORAH. Mr. President, who gets the benefit of that mittee on Post Offices and Post Roads, and of course the monopoly? committee is dealing merely with air mail contractors at the present time. Mr. ~USTIN. It is difficult to say. The situation may be such that those who now possess the air mail contract Mr. AUSTIN. Mr. President, of course that is what we will have the benefit of it. Of course, the objective which assume in discussing the report; and when I speak of the we had in this matter was to serve the public by trying to northeastern section of the country I am dealing with two have at least two lines which might come into the same air mail contractors. There is route no. 27, from Boston, point, which would be evenly competitive, if possible. That Mass., to Bangor, Maine, and to Burlington, Vt., controlled was our idea. That is the objective transcontinentally. by the National Airways, Inc., operating in conjunction with That is the objective up and down the east and west coasts. the Boston & Maine Railroad and the Central Vermont Rail­ I intend to discuss those coastal lines a little later. So far way. There is also the American Airways, ·flying from New as the East is concerned, to which perhaps I ought to con­ York to Montreal, carrying the mails. Those are two con­ fine my remarks, the Senate can readily see that with two tractors with the Federal Government; but because they are lines serving the northeastern part of the United States, contractors Congress steps in today and says, "We will con­ and one of them going right through it, not stopping until trol the competition here so that it cannot be changed in it gets to Montreal, we really have under this proposed law the interest of the public or in the interest of competition. a consolidation of the position of one of the air line organi­ We will solidify just what the Commission is now doing, and zations which now does reach us, and we prevent the other we will prevent the establishment of an off-line route, even line from coming down out of the sky one-half a mile away one-half mile long." The only condition under which an and competing evenly at points in the northeastern section air mail contractor may have a change made in his sched­ of the country where air mail service is really needed. ules-and that is not off-line, let it be understood, but on­ Mr. McKELLAR. Mr. President, will the Senator yield? line-is by showing unfair competition. He may have his Mr. AUSTIN. I yield. schedules changed either by diminishing or by increasing Mr. McKELLAR. I call the Senator's attention to the them if he can show the unfair competition which is set sentence just preceding the one he read: forth in the bill. It shall be unlawful for air mail contractors, competing in I hope that some time before the Congress again takes parallel routes, to merge or to enter into any agreement, express up this question legislators here will really consider the or implied, which may result in com.nion control or ownership. subject, look at the situation as it is, and the next time we The purpose of this bill is to prevent monopoly, and not have legislation on this subject try to frame a bill which will to permit it. be really consistent with itself and which will really create, Mr. AUSTIN. Mr. President, the point of complaint we or at least permit, competition. make is, admitting the purpose to have been good, that the Mr. McKELLAR. Mr. President, I know the Senator will execution of it was bad; and the Senator from Tennessee agree with me when I say that I was very much in favor of has now called attention to the fact that right in that one the Senate bill as we passed it, and I greatly regretted that paragraph we have two inconsistent ideas expressed. In we could not get the House to accept it. Frankly, I think the first sentence of the paragraph we find the idea of a mistake was made in section 15, one which I did not think preventing the creation of monopoly by combination, and in at the time had been made, and I unwittingly misled my the second sentence we find the idea of permitting the good friend the Senator from California [Mr. JOHNSON] about creation of monopoly by consolidation of the situation. it. However, I wish to say that I have no ax to grind, and Mr. JOHNSON. Mr. President, if the Senator from Ver­ I am sure the Senator from California knows I have not. I mont will permit me, may I answer the query which was pro­ have but one desire, and that is to see that justice and fair­ pounded by the Senator from Idaho? ness is done between the air mail contractors, and to do Mr. AUSTIN. Yes. what is best for them to carry on well in the interest of the Mr. JOHNSON. It is admitted here-:-none will deny it-­ Government, and to do a good job, and to help build up the that the purpose of this legislation in curtailing activities of aircraft business in this country. other air lines is to prevent them from taking business from Mr. AUSTIN. Mr. President, I call attention to the first air lines which have contracts with the Government, because, amendment which was adopted by the Senate, which is found forsooth, these gentlemen say the Government would there­ on page 9968 of the CONGRESSIONAL RECORD, and I read as upon be required to pay more money for the carrying of the follows: air mail. The very design was originally to freeze the situa­ On page 9, line 16, after the word" route" and the semicolon, lt is proposed to strike out the following provisos: tion so that that sort of thing could not occur, and the very "Provided, That the present route from Seattle to San Diego may purpose of some of the language of this bill now is to pre­ be held and regarded as other than a. primary route: Provided vent an off-line air carrier from taking business by competi­ further, That the eastern coastal route from Newark (or New York City, as the case may be) to Miami, Fla., and the southern trans­ tion from an air line carrier which is under contract with continental route from Boston via New York (or Newark, as the the Government, so that the Government should not have to case may be) and Washington to Los Angeles shall be designated pay more in air line subsidies thereafter. as primary routes." 1935 _CONGRESSIONAL RECORD-SENATE 12485 And in lieu thereof to insert: I listened with some amusement to the claim of saving "Provided, That the present routes from Seattle to San Diego and from Boston via Newark (or New York City, as the case may be) to money here when I reflected that for a long period of time Mia.mi, Fla.., may be held and regarded as other than primary we did not have any service at all in the air mail for which routes: Provided further, That the southern transcontinental route the money had been provided, and that we lost young men, from Boston via New York (or Newark, as the case may be) and young pilots, the value of whose lives cainnot be appraised. w a.shington to Los Angeies shall be designated as a primary route." So we fought here to take away the arbitrary power of cancelation without cause. We handled the matter without What would that do? It would make identical the treat­ publicity, without debate on the floor of the Senate, because ment of the coastal lines on the Pacific and on the Atlantic. we wanted to keep away from the political color which neces­ As the bill came to us in the Senate it discriminated between sarily attaches to a discussion of that kind. By quiet negotia­ those two coastal lines. One of them could be treated as a tion and calm consideration we decided that there should be secondary route or other than a primary route, but the stricken out of the bill the power given by it to cancel upon other could not be. Was that important? Indeed it was, 60 days' notice and without cause. because in this legislation is a distinct limitation upon the Of course, that power, having once been used, could .be number of routes which may be granted to one contractor, used again. A contract which can be canceled, not for cause and that number is limited to one for a primary route and but in the discretion and at the will of a person on 60 days' it is limited to three for secondary routes. Thus it can be notice, is good only for 60 days. That provision was stricken seen that it would put an end to the contractor's rights if out. h~ must have a route which included a coastal line as well What happened to it in conference? Here is the situation­ as a transcontinental line in order to carry on his business. and I am told it cannot be remedied, but that we must take But worse than that, on the Atlantic coast it struck Bos­ it or leave it. ton right off from the coastal lines. It took out that very I read from page 4, the latter part of section 8: essential link in the chain between Boston and New York so But any contract so continued in efl'ect may be tern>:inated by that it severed New England from the rest of the United the Commission upon 60 days' notice, . upon such hearing and States. Speaking of New England in the sense of the air notice thereof to interested parties as the Commission may deter­ mine to be reasonable; and may also be terminated, in whole or mail map, it took a link right out of the chain. So the in part, by mutual agreement of the Postmaster General and the amendment was readily observed to be fair and constructive contractor, or for cause by the contractor upon 60 days' notice. and had for one of its objectives even competition at Boston, because it permitted competition between the three great Is it not amusing to have that provision come back here transcontinental routes, to every one of which that line from in an inverted form? In the original bill the words "for New York to Boston was necessary and important. cause" were attached to the power to cancel which was given to the Commission, as follows-and I read from page From near the f orty-:fifth parallel of latitude one has to 14, line 13, of the original bill as we passed it: fly down to Boston, get out of the plane and then find an­ But any contract so continued in efl'ect may be terminated for other airplane, making a break in really a comparatively cause by the Com.mission upon 60 days' notice, upon such hearing short trip from the forty-fifth parallel to Washington. That and notice thereof to interested parties as the Commission may is nonsense, is it not? Is there any objective in such legis­ determine to be reasonable; and may also be terminated, in whole lation as that? I claim there is no good objective, and there or in part, by mutual agreement of the Postmasper General and is absolutely nothing of harm to the public that could come the contractor. out of the amendment which was adopted by the Senate. That was the end of it. That is where the period was put, But what happened to it? When it got into conference, and that is the way the Senate agreed it ought to be. That the word " Boston " was stricken out, the amendment was gave all the right of cancelation that any fair and honest emasculated, so that the new law will contain the same old government should have. It was a reiteration of the policy defect. All I can say is that I believe our representatives in of Congress, declared time after time upon this subject. the conference must not have understood what they were That is the power of cancelation after notice and hearing, doing. and for cause. Mr. McKELLAR. Mr. President-- Mr. McKELLAR. Mr. President, will the Senator yield? The PRESIDING OFFICER. Does the Senator from Ver­ Mr. AUSTIN. Yes; I yield. mont yield to the Senator from Tennessee? Mr. McKELLAR. Let me read the language of the report: Mr. AUSTIN. Certainly. But any contract so continued in effect may be terminated by the Commission upon 60 days' notice, upon such hearing and Mr. McKELLAR. I think the Senate conferees understood notice thereof to interested parties as the Commission may deter­ all right, but they were not able to get the House conferees mine to be reasonable- to agree to the position taken by the Senate. I was just as Certainly that is right, that they have to have a hearing much in favor of the provision as when it was adopted by and give a reason for it. the Senate. If I could cooperate with the Senator from Ver­ mont and those who believe as we do, I should be very happy Mr. AUSTIN. Mr. :President, I have to say" No"; that is to do what I can to have that situation righted. not right. The conferees should not have struck out the words " for cause." Mr. AUSTIN. Mr. President, what is taking place at this Mr. McKELLAR. I think the other language certainly re­ moment is one of the objectives of my remarks. I am glad quires them to be able to give a reason or a cause for their to have a record of the statement just made by the Senator action. from Tennessee. To me it is a very wholesome sign. It is Mr. AUSTIN. Then, why did the conference committee at least a beginning of the meeting of our minds and a drop­ strike out the words "for cause" after the word "termi­ ping of the politics which has dogged this subject. nated "? If there was not any sense ill doing it, why did Mr. McKELLAR. I shall be very glad to cooperate with they do it? the Senator about the matter. Mr. McKELLAR. I doubt very much whether it had any Mr. AUSTIN. Let me say further that the contracts are effect at all upon the sentence. important only if they have a degree of stability, of perma­ Mr. AUSTIN. Then it should not have been done. nence, which will enable the contractor to finance them and Mr. McKELLAR. Then there is put in this language: to perform a very expensive service for the Government and And may also be terminated, in whole or in part, by mutual for the public. One of the worst things, I believe, about the agreement of the Postmaster General and the contractor- whole air mail agitation was the sudden ruthless destruction Which is immaterial, in my judgment- of contracts, the effect of which was not limited to the im­ mediate contractors, but spread throughout the land among or :!or cause by the contractor upon 60 days' notice. thousands and mill1ons of people-effects financial, effects Mr. AUSTIN. Oh, yes; that language was hitched on humane, effects moral. · afterward. That simply added insult to injury. After reliev- -12486 CONGRESSIONAL RECORD-SENATE AUGUST 5 ing the Government from the duty of showing cause the con­ Amendment numbered 21: That- the Ho-q.se recede from its dis­ ferees must hitch a clause on the end of the sentence agreement to the amendment of the Senate numbered 21, and agree to the same with an amendment as follows: In lines 6 and 7 of imposing upon the contractor the obligation to show cause if the matter inserted by said amendment, strike out the :following: he sought a cancelation. "to remain available until expended,"; and the Senate agree to the It seems to me that the conference committee could not same. Amendment numbered 26: That the House recede from its dis­ have devised a more complete reversal of the policy of the agreement to the amendment of the Senate numbered 26, and Senate than it did in that case. It absolutely overturned­ agree to the same with an amendment as follows: In line 7 o:f not merely struck out but completely reversed-the action of the matter. inserted by said amendment . strike out " 5927-91 ,, and insert in lieu thereof "4927-91 "; and the Senate agree to the the Senate. same. · Mr. President, before I finish I intend to discuss in this Amendment numbered 44: That the House recede from its dis­ connection a little history which I believe will show that this agreement to -the amendment of the Senate numbered 44,· and agree to the same with an amendment as follows: In lieu of the particular amendment contains the essence of vindictive­ sum named in said amendment insert "$70,000 "; and the Senate ness; that it is not in the interest of legislation for the benefit agree to the same. · of the public, but has in it the saving of the face of an admin­ Amendment numbered 56: That the House recede from its dis­ istration which used a power arbitrarily and ruthlessly, and agreement to the amendment of the . Senate numbered 56, and agree to the same with an amendment as follows: In line 1 of which must, if possible, do something to save its face. the matter inserted by said amendment strike out "$7,550,000" Mr. McNARY. Mr. President, will the Senator yield? and insert in lieu· thereof "$3,050,000 "; and the Senate agree to The PRESIDING OFFICER. Does the Senator from the same. ~ Amendment numbered 69: That the House recede from its dls­ Vermont yield to the Senator from Oregon? agreement to the amendment of the Senate numbered 69, and Mr. AUSTIN. I do. agree to the same with an amendment as follows: At the end of Mr. McNARY. Is the Senator from Tennessee [Mr. Mc­ the matter inserted by said amendment before the period insert ", or so much thereof as may be necessary "; and the Senate agree K.ELLAR] willing to have the conference report go over until to the same. -tomorrow? It will take the Senator from Vermont three­ Amendment numbered 70: That the House recede from its dis­ quarters of an hour to conclude his remarks, and I think agreement to the amendment of the Senate ·numbered 70, and · one or two other Senators wish to speak on the report. agree to the same with an amendment as follows: . In Une 2 of the matt~r inserted by said amendment strike _out " 1301581 " and Mr. McKELLAR. Mr. President, if the Senator from Ver­ insert in lieu thereof " 0301581 "; and the Senate agree to the . mont is tired and does not wish to finish tonight, that same. course will be agreeable. Amendment numbered 76: That the House recede from its dis­ agreement to the amendment of the Senate numbered 76, and Mr. AUSTIN. I am not tired, Mr. President. I am under agree to the same with an amendment as follows: Restore the the impression, however, that if the report ·should go over matter stricken out by said amendment, amended to read as until tomorrow I might discuss the remainder of this matter follows: with less emotion than if I should do so tonight. " Sec. 2. In all suits now pending in the Court of Claims by an Indian tribe or band which have not been tried or submitted, and Mr. McKELLAR. I shall not object. in any suit hereafter filed in the Court of Claims by any such tribe Mr. McNARY. Then, may we take up the other confer­ or band, the Court of Claims is hereby directed to consider and ence report? to offset against any amount found due the said tribe or band all The VICE PRESIDENT. Does the Senator from Vermont sums expended gratuitously by the United States for the benefit of the said tribe or band; and in all cases now pending or here­ yield for the purpose of taking up another conference report? after filed in the Court of Claims in which an Indian tribe or band Mr. AUSTIN. I yield. is party plainti1I, wherein the duty of the court is merely to report Mr. McKELLAR. I have no objection. its findings of fact and conclusions to Congress, the said Court of Claims is hereby directed to include in its report a statement SECOND DEFICIENCY APPROPRIATIONS--CONFERENCE REPORT of the amount of money which has been expended by the · United Mr. ADAMS submitted the following report: States gratuitously for the benefit of the said tribe or band: Pro­ vided, That expenditures made prior to the date of the law, treaty, The committee of conference on the disagreeing votes of the two agreement, or Executive order under which the claims arise shall Houses on the amendments of the Senate to the bill (H. R. 8554) not be offset against the claims or claim asserted; and expenditures making appropriations to supply deficiencies in certain appropria­ under the Act of June 18, 1934 (48 Stat. L. 984), except expendi­ tions for the fiscal year ending June 30, 1935, and for prior fiscal tures under appropriations made pursuant to Sec. 5 of such Act, years, to provide supplemental appropriations for the fiscal years shall not be charged as offsets against any claim on behalf of an ending June 30, 1935, and June 30, 1936, and for other purposes, Indian tribe or tribes now pending in the Court of Claims or here­ having met, after full and free conference, have agreed to recom­ after filed: Provided further, That funds appropriated and ex­ mend and do recommend to their respective Houses as follows: pended from tribal funds shall not be construed as gratuities; and That the Senate recede from its amendments numbered 2, 12, this section shall not be deemed to amend or affect the various _18, 31, 34, 35, 38, 39, 42, 43, 47, 55, 66, 68, 71, 72, 75, 77, 84, 85, acts granting Jurisdiction to the Court of Claims to hear and 87, and 88. · - · determine the claims listed on page 678 of the hearings before the That the House recede from its disagreement to the amendments subcommittee of the House Committee on Appropriations on the of the Senate numbered l, 3. 4, 5, 6, 8, 9, 14, 16, 17, 19, 22, 23, 24, second deficiency appropriation bill for the fiscal year 1935: Pro­ 25, 28, 30, 32, 33, 41, 45, 46, 50, 51, 52, 53, 54, 57, 58, 60, 61, 62, 63, vided further; That no expenditure under any emergency appro­ . 64, 67, 73, 74, 82, 86, 89, 90, 91, 92, 93, 94, 95, 96, 97, and 98; and priation or allotment made subsequently to March 4, 1933, and gen­ agree to the same. erally applicable throughout the United States for relief in stricken Amendment numbered 10: That the House recede from its dis­ agricultural areas, relief from distress caused by unemployment agreement to the amendment of the Senate numbered 10, and and conditions resulting therefrom, the prosecution of public works agree to the same. with an amendment as follows: In lieu of the and public projects for the relief of unemployment or to increase matter inserted by said amendment, insert the following: "$62,500, employment, and for work relief (including the civil-works pro­ ·of which $36,000 shall be available for the fiscal year 1936 and no gram) shall be considered in connection wlth the operation of this part of such sum of $36,000 shall be used to compensate any section." person at a rate in excess of $10,000 per annum, and"; and the And the Senate agree to the same. Senate agree to the same. Amendment numbered 78: That the House recede from its dis­ Amendment numbered 11: That the House recede from its agreement to the amendment of the Senate numbered 78, and disagreement to the amendment of the Senate numbered 11, and agree to the same with an amendment as follows: In line 9 of the agree to the same with an amendment as follows: In line 6 of the matter inserted by said amendment, strike out the comma where it . matter inserted by said amendment, strike out "$300,000" and appears the first time and insert in lieu thereof " and "; and the insert in lieu thereof: "$200,000 "; and the Senate agree to the Senate agree to the same. same. Amendment numbered 79: That the House recede from its dis­ Amendment numbered 15: That the House recede from its dis­ agreement to the amendment of the Senate numbered 79, and agreement to the amendment of the Senate numbered 15, and agree agree to the same with an amendment as follows: In lieu of the to the same with an amendment as follows: In line 1 of the matter sum proposed insert "$36,000,000 "; and the Senate agree to the inserted by said amendment, before the syllable " con- " insert a same. comma, and in line 9, strike out "$600,000" and insert in lieu Amendment numbered 80: That the House recede from its dis­ thereof "$500,000 "; and the Senate agree to the same. agreement to the amendment of the Senate numbered 80, and Amendment numbered 20: That the House recede from its dis­ agree to the same with an amendment as follows: In lieu of the agreement to the amendment of the Senate numbered 20, and agree matter inserted by said amendment insert the following: ": Pro­ to the same with an amendment as follows: -In lieu of the matter vided further, That not to exceed $1,000,000 shall be expended on inserted by _said amendment, insert the following: "Salaries: For the dam on the Hiwassee River ~·; ani:J. the Senate agree to the same. ·an additional amount for personal services, fiscal year 1936, $45,- . Amendment numbered 81: That the House recede from its dis­ 000."; and the Senate agree to the same. agreement to the amendment of the Senate numbered 81, and 1935 CONGRESSIONAL RECORD-SENATE 12487: agree to the same with an amendment as follows: -In lieu· of the RECESS sum proposed insert "$21,250,000 "; and the· Senate agree to the same. Mr. ROBINSON. I move that the Senate take a recess Amendment numbered 83: That the House recede from its dis· until 12 o'clock noon tomorrow. agreement to the amendment of the Senate numbered 83, and The motion was agreed to; and the Senate, in legislative session, took a same. recess until tomorrow, Tuesday, August 6, 1935, at 12 o'clock The com.mlttee of conference report in disagreement amendments meridian. numbered 7, 13, 27, 29, 36, 37, 40, 48, 49, 59, and 65. ALVA B. ADAMS, CARTER GLASS, NOMINATIONS KENNETH McKEr.LAB, Executive nominations received by the Senate August S FREDERICK HALE, L. J. DICKINSON, , 1935 Manager:t on the part of the Senate. AsSISTANT SECRETARY OF COJOD:RCB J.P. BUCHANAN, be EDWARD T . TAYLOR, Ernest Gallaudet Draper, of New York, to Assistant JOHN N. SANDLIN, Secretary of Commerce, vice John Dickinson. JOHN TABER FEDERAL TRADE COlllMISSION (Except as to T. V. A.), RoBERT L. BACON, Charles H. March, of Minnesota, to be a Federal Trade Managers on the part of the House. Commissioner for a term of 7 years from September 26, 1935. Mr. ADAMS. I ask for the immediate consideration of the conference report, and move its adoption. COLLECTOR OF CUSTOMS The VICE PRESIDENT. Is there objection to the request Joseph A. Ziemba, of Chicago, ID., to be collector of cus­ of the Senator from Colorado? toms for customs collection district no. 39, with headquarters There being no objection, the Senate proceeded to consider at Chicago, Ill., to fill an existirig vacancy. the conference report. PuBLIC WORKS ADMINISTRATION The VICE PRESIDENT. The question is on agreeing to Carl H. Bauer, of Illinois, to be director for the Public the conference report. Works Administration in Illinois. The report was agreed to. RESETTLEMENT ADMINISTRATION EXECUTIVE BUSINESS The following-named persons to be regional directors of Mr. ROBINSON. Mr. President, I understand that the the Resettlement Administration: consideration of the conference report on the air mail bill A. W. Manchester, of Connecticut. has been suspended, and that the Senator from New York Mrs. Dorothy Beck, of Connecticut. j.s not ready to proceed this afternoon with reference to the R. I. Nowell, of Wisconsin. copyright bill. I move that the Senate proceed to the con­ Walter Duffy, of Wisconsin. sideration ot executive business. E. A. Norton, of Illinois. The motion was agreed to; and the Senate proceeded to R. C. Smith, of Ohio. the consideration of executive business. James M. Gray, of North Carolina. EXECUTIVE MESSAGES REFERRED Homer H. B. Mask, of North Carolina. The VICE PRESIDENT laid before the Senate messages William A. Hartman, of Florida. from the President of the United States submitting sundry Philip Weltner, of Georgia. nominations (and withdrawing a nomination for postmaster>, Buford M. Gile, of Arkansas. which were referred to the appropriate committee. T. Roy Reed, of Arkansas. {For nominations this day received and nominations with­ Sherman E. Johnson, of . drawn, see the end of Senate proceedings.) C. P. Blackwell, of Oklahoma. D. P. Trent, of Oklahoma. EXECUTIVE REPORTS OF COMMITTEES Walter Packard, of California. Mr. SHEPPARD, from the Committee on Military Affairs, Elmer A. Starch, of Montana. reported favorably the nominations of several officers for J. H. Jenkins, of Colorado. promotion, and also for appointment, by transfer, in the Rex E. Willard, of Washington. Regular Army. Mr. McKELLAR, from the Committee on Post Offices and APPOINTMENT, BY TRANSFER, IN THE REGULAR ARMY Post Roads, reported favorably the nominations of sundry TO QUARTERMASTER CORP$ postmasters. First Lt. George Frederick Conner, Infantry (detailed in Mr. PITI'MAN, from the Committee on Foreign Rela­ Quartermaster Corps), with rank from March 1, 1935. tions, reported favorably the nomination of Hugh Gladney PROMOTIONS IN THE REGULAR ARMY Grant, of Alabama, to be Envoy Extraordinary and Minister Plenipotentiary to Albania. TO BE COLONELS The VICE PRESIDENT. The reports will be placed on Lt. Col. George Veazey Strong, Infantry, from August 1, the Executive Calendar. 1935. If there be no further reports of committees, the clerk will Lt. Col. Charles School Blakely, Field Artillery, from August state the first nomination in order on the calendar.- · l, 1935. Lt. Col George Bowditch Hunter, Cavalry, from August 1, THE JUDICIARY 1935. The legislative clerk read the nomination of Albert M. Lt. Col Joseph Warren Stilwell, Infantry, from August 1, Cristy, of Hawaii, to be second Judge, first circuit, TerritOry 1935. of Hawaii. . Lt. Col. Robert Melville Danford, Field Artillery, from The VICE PRESIDENT. Without objection, the nomina­ August l, 1935. tion is confirmed. Lt. Col. James Kerr Crain, Ordnance Department, from POSTMASTERS August 1, 1935. - The legislative clerk proceeded to read sundry nomina­ Lt. Col. Matthew Arthur Cross~ Coast Artillery Corps, from tions of postmasters. August 1, 1935. Mr. McKELLAR. I ask unanimous consent that the nom­ Lt. Col. Edward Lorenzo Hooper, Infantry, from August l, inations of postmasters on the calendar be confirmed en bloc. 1935. The VICE PRESIDENT. Without objection, the nomina­ Lt. Col. StaDiey Koch, Cavalry, from August 1, 1935. tions of postmasters are confirmed en bloc. Lt. Col. Irving Joseph Phillipson, Infantry, from August 1. That completes the calendar. 1935. i248S CONGRESSIONAL RECORD-SENATE AUGUST 5 Lt. Col. Edmund Bristol Gregory, Quartermaster Corps. First Lt. Henry John Dick Meyer, Field Artillery, from from :August "!, 1935, subject to examination required by law. August 1, 1935. Lt. Col. William Vaulx Carter, Adjutant General's Depart"!' · First Lt: Elton Foster Hammond, Field Artillery, from ment, from August 1, 1935. , · . August 1, 1935. .TO BE LIEUTENANT COLONELS First Lt. Ernest Brannon, Infantry, from August Maj. Everett Collins, Ordnance Department, from July 10, 1, 1935. 1935. ' First · Lt.~ John Wyville Sheehy, Infantry, from August l, Maj. Russell Peter Hartle,- Infaritry, from July 15, 1935. 1935. Maj. Oswald Hurtt Saunders, Infantry, from August l, First Lt. John Joseph Burns, Field Artillery, from August 1935. . - 1, 1935. Mal Spencer Ball Akin, Signal Corps, from August 1, 1935. First Lt. Leslie Edgar Jacoby, Field Artillery, from August Maj. Robert Gibson Sherrard, Inf~ntry, from August 1, l, 1935. 1935. . First Lt. John Raikes Vance, Infantry, from August l, Maj. John Wesley Hyatt, Infantry, from August 1, 1935. 1935. Ma~. Raymond Waite Hardenbergh, Infantrlr, from August First Lt. Clarence John Kanaga, Field Artillery, from l, 1935. August 1, 1935. Maj. Rigby Dewoody Valliant, Quartermaster Corps, fi'om First Lt. Richard Powell Ovenshine, Infantry, from August August 1, 1935. l, 1935. Maj. George Luberoff, Quartermaster Corps, from August First Lt. Edwin Virgil Ke.rr, Field Artillery, from August 1, 1935. . . . 1, 1935. · Maj. Arthur Brainard Hitchcock, Infantry, from August First Lt. Thomas McGregor, Field Artillery, from August l, 1935. l, 1935. . . Maj. Benjamin Lester Jacobson, Finance Department, First Lt. Harrison Howell Dodge Heiberg, Cavalry, from from August 1, 1935. August l, 1935. Maj. Edward Warden Turner, Coast Artillery Corps, from First Lt. William Irwin Allen, Coast Artillery Corps, from August 1; 1935. · August l, 1935. Maj. William Arthur Turnbull, Judge Advocate General's First Lt. James Edmund Parker, Air Corps, from August 1, Department, from August l, 1935. 1935. Maj. Chester Benjaniin McCormick, · Field Artillery, from First Lt. William Wesson Jervey, Signal Corps, from August August 1, 1935. 1, 1935. Maj. William Alexander Smith, Infantry, from August 1, First Lt. George Raymond Burgess, Coast Artillery Corps, 1935. from August 1, 1935. . _ Maj. George Place Hill, Judge Advocate General's Depart­ First Lt. Edward Lynde Strohbehn, Field Artillery, fr"om ment, from August 1, 1935. August 1, 1935. TO BE MAJORS First Lt. Maurice Keyes Kurtz, Field Artillery, from August Capt. Frank James Keelty, Finance Department, from 1, 1935. July 13, 1935. ' - - · · First Lt. William Holmes Wenstrom, Signal Corps, from August 1, 1935. Capt. Jacob Herschel Lawrence, Infantry, from August l, First Lt. Leo Clement Paquet, Infantry, from August · l, 1935. Capt. Gwynne Conrad, Quartermaster Corps, from August 1935. First Lt. Thomas Maurice Crawford, Infantry, from August l, 1935. Capt. Harry A. Vacquerie, Quartermaster Corps, from Aug- 1, 1935. First Lt. Eugene McGinley, Field Artillery, from August 1, ust 1, 1935. Capt. Norris Peters Walsh, Field Artillery, from August 1, 1935. . 1935. . , First Lt. Hugh Brownrigg Waddell, Cavalry, from August Capt. Hans Ottzenn, Quartermaster Corps, from August 1, 1, 1935. 1935. . . First Lt. Lester DeLong Flory, Coast Artillery Corps, from Capt. Graham, Infantry, from August 1, August 1, 1935. 1935. . . . First Lt. Isaac Haiden Ritchie, Coast Artillery Corps, from Capt. Edgar Joseph Tulley, Infantry, from August l, 1935. August 1, 1935. Capt. Oscar Kain, Infantry, from August l, 1935. TO BE FIRST LIEUTENANTS Capt. Clyde Arthur Lundy, Infantry, from August l, 1935. Second Lt. Edward Wharton Anderson, Air Corps, from Capt. Leland Warren Skaggs, ·Infantry, from August 1, July 10, 1935. 1935. Second Lt. John Coleman Covington, Air Corps, from July Capt. Wilbert Vernon Renner, Quartermaster Corps, from 13, 1935. . August 1, 1935. , - _ _ Second Lt. Winslow Carroll Morse, Air Corps, from July Capt. Joseph Howard Rustemeyer, Infantry, from August 13, 1935. 1, 1935. - Second Lt. Casper Perrin West, Air Corps, from August Capt. Thomas Settle Voss, Air Corps, from August 1, 1935. 1, 1935. Capt. Harry Foster, Qavalry, from Au~st l, 1935. Second Lt. William Leroy Kennedy, Air Corps, from August Capt. Daniel Becker, Cavalry, from Augilst 1, 1935. l, 1935. Capt. Norman Norton Rogers, Cavalry, from August l, Second Lt. Jesse Auton, Air Corps; from August 1, 1935. 1935. . Second Lt. John Paul Ryan, Air Corps, from August 1, Capt. Theodore Maurice Roemer, Cavalry, from August 1, 1935. 1935. Second Lt. Albert Wynne Shepherd, Air Corps, from Capt. James Carlyle Ward, Cavalry, from August 1, 1935. August l, 1935. Capt. Harvey Newton Cmistinan, Cavalry, from August 1, Second Lt. Robert Shuter Macrum, Air Corps, from August 1935. 1, 1935. TO BE CAPTAINS Second Lt. Charles Lawrence Munroe, Jr:, Air Corps, from · First Lt. Foster Joseph Tate, Field Artillery, from July 10, August l, 1935. . 1935. Second Lt. Llewellyn Owen Ryan, Air Corps, from August First Lt. Carl Robinson. Infantry, from July _13, 1935. 1, 1935. . . . . · First Lt. Richard Tobin Bennison, Field Artillery; from Second Lt. William Richard Morgan, Air Corps, from July 13, 1935. . August 1, 1935. 1935" -- 12489

·· Second- Lt. Philo George Meisenholder, Air Corps, -from , · • Mj\R~ CORPS- -- August 1, 1935. _ Lt. Col. Samuel M. Harrington to be a colonel in the Marine - Second ~ Lt. John Waldron Egan, Air -Corps, from August Corps from the 30th day of June 1935,, l, 1935. The following-named majors to be lieutenant colonels in Second Lt. Hanlon H. Van Auken, Air Corps, from August the Marine Corps from the 27th day of July 1935: l, 1935. Leo D. Hermle Second Lt. Robert Oswald Cork, Air Corps, from August 1, Lemuel C. Shepherd, Jr. 1935. Maj. Robert Blake to be a lieutenant colonel in the Marine Second Lt. William Courtney Mills, Air Corps, from August Corps from the 1st day of August 1935. 1, 1935. - Capt. -William M. Marshall to be a major in the Marine --second Lt.-Herbert·Henry Tellman, Air Corps,-from August Corps from the 29th day of May 1934. . 1, 1935. - ·capt. Eugene F . .- c. Collier to be ·a .major in the Marine Second Lt. John Koehler Gerhart, Air Corps, from August Corps from the 30th day of June 1935. 1, 1935. The following-named captains to be majors in the Marine _Second Lt. Harold Loring Mace,_Air Corps, from ·August l, Corps from the 27th day of July 1935: 1935. . Lee H. Brown · Second Lt. Elder Patteson, Ai.r Corps, from August 1, 1935. Richard Livingston Second Lt. Francis Hopkinson Griswold, Air Corps, from Fred S. Robillard August 1, 1935. . _ . _ The following-named first lieutenants to be captains in the Second Lt. Leon Ray Brownfield, Air Corps, from August Marine Corps from the 1st day of June 1935: 1, 1935. Leslie H. Wellman Second Lt. Robert Whitney Burns, Air Corps, from August William C. Lemly l, 1935. - Charles W. Kail -. Second Lt. Daniel Webster Jenkins, Air Corps, from August The following-named first lieutenants to be captairis ~ in 1, 1935. the Marine Corps from the 27th day of July 1935: · · Second Lt. William Marshall Prince, Air Corps, from Au- James E. Kerr Theodore A. Holdahl gust 1, 1935. . William G. Manley Robert 0. Bare Second Lt. Clarence Frank Hegy, Air Corps, from August Albert D. Cooley Charles L. Fike l, 1935. The following-named second lieutenants to-be first lieu-· Second Lt. James Presnall Newberry, Air Corps, from Au­ tenants in the Marine Cori:>s from the 2d day of June 1935: gust 1, 1935. Thomas J. Colley Second Lt. Stoyte Ogleby Ross, Air Corps, from August 1, Marion A. Fawcett J935. Robert 0. J3isson Second Lt. Joseph Wiley Baylor, Air Corps, from August l, PROMOTION IN THE COAST GUARD 1935. Commander Lloyd T. Chalker to be a captain in the Coast Second Lt. William John Clinch, Jr., Air Corps, from Au­ Guard of_the United States, to rank as such fr9m June 1. gust 1, 1935. 1935, in place of Captain ~ugene Blake, Jr., retired. Second Lt. James McKinzie Thompson, Air Corps, from August 1, 1935. POSTMASTERS Second Lt. Gerald Hoyle, Air Corps, from August 1, 1935. ALABAMA Second Lt. Arthur· Francis Merewether, Air Corps, from Robert L. Gordy to be postmaster at Chatom, Ala., in August l, 1935. place .of Effie Jordan. Incumbent's commission expired De­ Second Lt. Jarred Vincent Crabb Air Corps, from August cember 19, 1933. l, 1935. CALIFORNIA Second Lt. Tom William Scott, Air Corps, from August 1, Toss W. _Brown to be postmaster at Lemoore, Calif., in 1935. place of F. L. Powell. Incumbent's commission expired Jan­ _ Second Lt. Lawrence C. Westley, Air Corps, from August uary 22, 1935. l, 1935 . Joseph Freitas to be postmaster at Atwater, Calif., · in . - Second Lt. John Hubert Davies, Air Corps, from August place of Maybel Lewis. Resigned. l, 1935. Richard J. Wallace to be postmaster at Brentwood, Calif.; PROMOTION IN THE PHILIPPINE SCOUTS in place of C. A. French. Incumbent's commission expired February 4, 1935. TO BE MAJOR Ivy_E. Reynolds to be postmaster at Byron, Calif., in place Capt. Ray Eugene Quigley, Philippine Scouts, from ·July of M. E. Holway. Incumbent's commission expired Feb­ 10, 1935. ruary 4, 1935. APPOINTMENTS IN THE REGULAR ARMY George W. Hull to be postmaster at Camino, Calif., in place of Peter Garrick. Resigned. AIR CORPS Minnie 0. Bauhaus to be postmaster at Carpinteria, Qalif., To be second lieutenants with rank from August 1, 1935 in place of J. A. Lewis. Incumbent's commission exp~red Staff Sgt. Opal Ellis Henderson, Air Corps. December 18, 1934. Corp. Daniel Ira Moler, Air Corps. Walters R. Mccutchen to be postmaster at Coachella, Pvt. Lawrance Owen Brown, Air Corps. Calif., in place of E. R. Nance. Incumbent's commission Pvt. Henry Bishop Fisher, Air Corps. expired February 14, 1935. Pvt. Eugene Brecht, Jr., Air Corps. Edna M. Shelley to be postmaster at Dorris, Calif., in Pvt. Clayton Baxter Claassen, Air Corps. place of M. G. Robinson. Incumbent's commission expired Pvt. William Thomas Hudnell, Jr., Air Corps. January 28, 1935. · Pvt. Harold Lawrence Kreider, Air Corps. Richard J. Homan to be postmaster at Encinitas, Calif., Pvt. John Oman Neal, Air Corps. in place of M. c. R.athyen. Incumbent's comniission expired Pvt. Watson Mitchell Frutchey, Air Corps. June 26, 1934. John W. Winton to be postmaster at Fowler, Calif., in PROMOTIONS IN THE NAVY place of Henry Metzler. Incumbent's commission expired Pay Director Charles Conard to be Paymaster General and February 14, 1935. Chief of the Bureau of Supplies and Accounts in the Depart­ David s. Mason; Sr., to be postmaster at Ione, Calif.,. in ment of the NavY, with the rank of Rear. Admiral, for-a term place of G. M. Heath. Incumbent's commission expired of 4 years. -- - December 18, 1934. LXXIX-787 12490 .CONGRESSIONAL RECORD-SENATE. AUGUST 5 Carl J. Hase to be postmaster at Ontario, Calif., in place Perry H. McCormick to be postmaster at North Judson, P. E. Berger. Transferred. Ind., in place of A. B. Wobith, removed. . Martin E. Collins to be postmaster at Pinole, Calif., in Sarah I. Crews to be postmaster at West Terre Haute, place of G. W. Fraser. Incumbent's commission expired Ind., in place of A. B. Gosnell. lncumbent's commission ex­ February 4, 1935. pired February 25, 1935. Elizabeth S. Pelle to be postmaster at Pleasanton, Calif., - IOWA in place of C. S. Graham. Incumbent's commission expired February 14, 1935. Myrtle A. Barnes to be postmaster at Delhi, Iowa. Office Katharine A. Creedon to be postmaster at Rodeo, Calif., became Presidential July 1, 1935. in place of E. B. Ackerman. Incumbent's commission ex­ Dorothy E. Wagner to be postmaster at Bagley, Iowa, in pired February 4, 1935. place of H. N. Chapman. Incumbent's commission expired Lloyd S. Pringle to be postmaster at Soquel, Calif., in February 20, 1935. place of W. A. Hensel Incumbent's commission expired Elbert R. Adams to be postmaster at Blockton, Iowa, in February 20, 1935. place of L. M. Poe. Incumbent's commission expired Feb­ COLORADO ruary 14, 1935. Glendan R. Streepy to be postmaster at Menlo, Iowa, in Joseph A. P!ost to be postmaster at Arapahoe, Colo., in place of Ava Rigdon. Incumbent's commission expired Feb­ place of A.my Hill. Incumbent's commission expired Feb­ ruary 25, 1935. ruary 20, 1935. Carroll E. Caslow to be postmaster at Yale, Iowa, in place GEORGIA of D. L. Rundberg. lncumbent's commission expired Decem- Sara K. Polk to be postmaster at Moreland, Ga. Office ber 20, 1934. · became Presidential July 1, 1935. KANSAS Ivey M. Cox to be postmaster at Newton, Ga., in place of I. M. Cox. Incumbent's commission expired March 2, 1935. Edward H. Malleis to be postmaster at Halstead, Kans., Hugh J. Alderman to be postmaster at Pavo, Ga., in place in place of J: G. Frazer. Incumbent's commission expired of G. H. Broome, resigned. February 5, 1935. Grover C. Alston to be postmaster at Richland, Ga., in Matilda E. Albright to be postmaster at Hope, Kans~, in place of D. M. Lovvorn. incumbent's commission expired place of W. R. Waring. Incumbent's commission expired February 25, 1935. January 22, 1935. ILLINOIS John W. Vancil to be postmaster at White Water, Kans., Arthur L. Knable to be postmaster at Abingdon, m., in in place of H. N. Jessen. Incumbent's commission expired place of C. O. Merricks, removed. December 18, 1934. Leslie Lynn to be postmaster at Brookport, Ill., in place of KENTUCKY H. B. Kerr. Incumbent's commission expired June 9, 1934. Emily B. Ison to be postmaster at Benham, Ky., in place Thomas S. Murray to be postmaster at De Kalb, Ill., in of C. C. Compton. Incumbent's commission expired Janu­ place of T. F. Olsen, retired. ary 22, 1935. John E. Garrett to be postmaster at Dwight, Ill., in place Darwin N. White to be postmaster at Hazel, Ky., in place of J. E. Seabert. lncumbent's commission expired February of H. I. Neely. lncumbent's commission expired April 22, 14, 1935. 1934. Ben Gramlett to be postmaster at Enfield, lli., in place of MAINE C. T. Land. lncumbent's commission expired January 16, 1934. Raymond S. Joy to be postmaster at Addison, Maine, in Frederick M. Rawlings to be postmaster at Hinsdale, ID., place of S. S. Drisko, removed. in place of S. B. Roth, retired. Ward F. Snow to be postmaster at Blue Hill, Maine, in William A. Cook to be postmaster at Irving, Ill., in place of place of E. H. Snow. Incumbent's commission expired De· W. V. Berry. Incumbent's commission expired February 25, cember 10, 1934. 1935. Edward J. Doyle to be postmaster at Calais, Maine, in William V. Webb to be postmaster at Karnak, Ill., in place place of R. T. Horton. Incumbent's commission expired of W. E. Ford. Incumbent's commission expired December 18, February 25, 1935. 1933. John J. Harriman to be postmaster at Cherryfield, Maine, · Glenn G. Smith to be postmaster at Manito, Ill., in place of in place of James Mahaney. Incumbent's commission ex .. W. L. Beebe, removed. pired February 4, 1935. James W. Duffy to be postmaster at Maywood, lli., in place Eugene E. Ross to be postmaster at Guilford, Maine, in of H. D. Oakland. Incumbent's commission expired March 2, place of 0. J. Lombard. Incumbent's commission expired 1935. December 20, 1934. Lewis H. Coleman to be postmaster at Oneida, Ill., in place Donald L. Needham to be postmaster at Hebron, Maine, of Eleanor McGovern, removed. in place of K. E. Cantella. Incumbent's commission expired Edward G. Zilm to be postmaster at Streator, Ill., in place December 18, 1933. of M. J. Donahue. Incumbent's com.mission expired February Ernest F. Mccloskey to be postmaster at Howland, Maine, 25, 1935. in place of G. W. Hopkins. Incwnbent's commission expired Joseph Dixson to be postmaster at Stronghurst, Ill., in December 20, 1934. place of J. C. Painter. lncumbent's commission expired MARYLAND February 14, 1935. INDIANA Herman W. Hurst to be postmaster at Vienna, Md., in place of E. N. McAllister. Incumbent's commission expired · Edna Shanline to be postmaster at Avilla, Ind., in place of February 4, 1935. C. H. Baum. Incumbent's commission expired February 21, Howard H. Wiley to be postmaster at White Hall, Md., in 1935. place of T. H. Lytle. Incumbent's commission expired De­ Frederick J. Berg to be postmaster at Cedar Lake, Ind., cember 20, 1934. in place of A. J. McLaughlin. removed. Harvey E. Hull to be postmaster at Cromwell, Ind., in place lllASSACHUSETTS of H. H. Galloway. Incumbent's commission expired Feb­ James H. Anderson to be postmaster at Ware, Mass., in ruary 21,- 1935. place of L. E. St. Onge, retired. George Andrew Raub, Jr., to be postmaster at Logansport, John F. Finn to be postmaster at Stoughton, Mass., in Ind., in place of O. R. Nethercutt, removed. place of C. F. Fobes. Incumbent's commission expired May Justina E. Meyer to be postmaster at Monroeville, Ind., in 2, 1934. place of L. H. Pillers. Incumbent's commission expired Feb­ William L. Carrick to be postmaster at Whitinsville, Mass., ruary 21, 1935. 1n place of L. M. Blair, removed. 1935 CONGRESSIONAL RECORD-SENATE 12491

MICffiGAN NEW HAMPSHIRE · Jack W. Foster to be postmaster at Bellaire, Mich., in Earl X. Cutter to be postmaster ·at Antrim, N. H., in place of E. R. Fate. Incumbent's commission expired Feb­ place of A. R. Thompson. Incumbent's commission expired ruary 5, 1935. February 4, 1935. Ernie T. McGlothlin to be postmaster at Belleville, Mich., Arthur L. Prince to be postmaster at Manchester, N. H., in in place of C. T. Greedus. Incumbent's commission expired place of J. H. Geisel. Incumbent's commission expired January 22, 1934. February 25, 1935. Joseph L. Dobbek to b'e postmaster at Ontonagon, Mich., Leon A. Warren to be postmaster at Groveton, N. H., in in place of W. A. Chamberlain. Incumbent's commission place of H. A. Cole. Incumbent's commission expired Feb­ expired February 20, 1935. ruary 4, 1935. John J. Corbett to be postmaster at Stambaugh, Mich., in Sidney F. Downing to be postmaster at Lincoln, N. H., in place of O. W. Greenlund. Incumbent's commission expired place of W. C. Fogg. Incumbent's commission expired Jan­ December 18, 1934. uary 13, 1935. MINNESOTA NEW JERSEY Hugh P. Griffin to be postmaster at Cold Spring, Minn., Fraser Bliss Price to be postmaster at Eatontown, N. J., in place of Gilley. Incumbent's commission expired c. c. in place of A. B. Nafew. Incumbent's commission expired March 2, 1933. March 18, 1934. · Ralph M. Sheppard to be postmaster· at Hoffman, Minn., Nellie Potter to be postmaster at Glen Gardner, N. J., in 1n place of Henry Hendrickson. Incumbent's commission place of C. E. Green. Incumbent's commission expired expired June 20, 1934. February 25, 1935. · Henry E. Bye to be postmaster at Pequot, Minn., in place Lydia R. Masterson to be postmaster at Minotola, N. J., of A. J. Derksen. Incumbent's commission expired April 8, in place of M. A. Crowell. Incumbent's commission expired 1934. February 25, 1935. · Teresa C. Franta to be postmaster at Wabasso, Minn., in John B. Geary, Jr., to be postmaster at South Plainfield, };>lace of A. J. Bauer. Incumbent's commission expired Feb­ N. J., in place of H. J. Manning. Incumbent's commission ruary 27, 1935. expired April 22, 1934. · John H. Arth to be postmaster at Finlayson, Minn., in William E. Bayley to be·postmaster at Hackettstown, N. J., place of Emil Kukkola. Incumbent's commission expired to place of M. K. Thorp. Incumbent's commission expired June 17, 1934. February 25, 1935. MISSISSIPPI Victor R. Keller to be postmaster at Northfield, N. J., in Annie s. Langston to be postmaster at Clinton, Miss., in place of Lillie Conover. Incumbent's commission expired place of M. A. Stapleton. Incumbent's commission expired December 20, 1934. April 16, 1934. NEW MEXICO · Josie P. Bullock to be postmaster at Drew, Miss., in place of Willie Ramsey. Incumbent's commission expired Feb­ James G. Lanier to be postmaster at Aztec, N. Mex., in ruary 21, 1935. place of M. W. Lenfestey. Incumbent's commission expired Columbus C. Goza to be postmaster at Magnolia, Miss., in February 28, 1935. place of S. W. Pendarvis. Incumbent's commission expired Robert W. Cumpsten to be postmaster at Hagerman, N. June 17, 1934. Mex., in place of C. G. Mason. Incumbent's commission ex­ MISSOURI pired February 27, 1935. Katherine Hall to be postmaster at Hatch, N. Mex., in Nelson H. Mullen to be postmaster at Belton, Mo., in place place of J. N. Norviel. Incumbent's commission expired of J. o. Gochnauer, retired. February 27, 1935. Eugene H. Randol to be postmaster at Kennett, Mo., in Wisdom _E. Bilbrey to be postmaster at Fort Bayard, N. place of V. M. Blankinship, removed. Mex., in place of J. A. Dickson, removed. · Chester T. Hoover to be postmaster at Laclede, Mo., in place of C. F. Sayles. Incumbent's commission expired April NEW YORK 8, 1934. Gertrude L. Miller to be postmaster at Accord, N. Y., in Fred D. Conner to be postmaster at Maitland, Mo., in place place of L. H. Miller. Incumbent's commission expired_ of W. E. Hodgin. Incumbent's commission expired February January 13, 1935. . 25, 1935. Daniel Grant to be postmaster at Afton, N. Y., in place Harvey Nalle to be postmaster at Pattonsburg, Mo., in of L. E. Fredenburg. Incumbent's commission expired Feb­ place of C. E. Morris. Incumbent's commission expired ruary 20, 1935. March 8, 1934. Arthur J. Gormley to be postmaster at Belfast, N. Y., in Fred A. Lambert to be postmaster at Princeton, Mo., in place of E. J. Franklin. Incumbent's commission expired place of L. W. Hoover. Incumbent's commission expired February 20, 1935. January 31, 1933. Morgan Crapser to be postmaster at Central Bridge, N. Y., . Clyde W. Greenwade to be postmaster at Springfield, Mo., in place of -Seward Latham. Incumbent's· commission ex­ in place of G. W. Hendrick.Eon, retired. pired December 20, 1934. · . Edna E. Saunders to be postmaster at Stewartsville, Mo., Alfred C. Brondstatter to be postmaster at Cold Brook, in place of H. H. Fluhart. Incumbent's commission expired N. Y., in place of F. J. Davis. Incumbent's commission ex­ February 14, 1935. pired February 25, 1935. MONTANA Timothy C. Sullivan to .be postmaster at Comstock, N. Y., Carl Ottis Haun to be postmaster at Winifred, Mont., in in place of L. C. Baker, removed. place of S. E. Sande. Incumbent's commission expired Feb­ William J. Rokos to be postmaster at Congers, N. Y., in ruary 27, 1935. place of R. D. Southward, removed. NEBRASKA Leo A. Fanning to be postmaster at Cornwall on the Hud­ Fred Ferguson to be postmaster at Deshler, Nebr., in son, N. Y., in place of Nellie Fredricson, removed. place of F. H. Herrlein. Incumbent's commission expired John H. S. Griffin to be postmaster at Delhi, N. Y., in April 15, 1934. place of W. S. Oles. Incumbent's commission expired Janu­ Ben D. A. Quigley to be postmaster at Indianola, Nebr., in ary 22, 1935. place of J. c. Rollins. Incumbent's commission expired Jan­ Amasa W. Howland to be postmaster at -Hudson Falls, uary 13, 1935. N. Y., in place of W. D. Walling. lncumbent's commission Lenna L. McReynolds to be postmaster at Nehawka, Nebr. expired January 22, 1935. Office became Presidential July 1, 1935. Leo P. Cass to be -postmaster at Huntington Station, N. Y., Catherine Childs to be postmaster at Oakdale, Nebr., in in place of E. M. Pabst. Incumbent's commission expired place of D. K. Warner, resigned. February 20, 1933. 12492 _CONGRESSIONAL RECORD-SENATE AUGUST 5 Della M. Rexford to be postmaster at Loch Sheldrake, Rollie J. Kennedy to be postmaster at Newman, N. Y., in N. Y., in place of G. F. Yaple. Incumbent's commission ex­ place· of C~ J. Carey. Incumbent's commission expired Feb- pired January 2'3, 1935. ruary 20, 1935.· . Mary A. Cahill to be postmaster at Lynbrook, N. Y., in John s. Van.Kennen to be postmaster at Norfolk N. Y., place of G. H. Morris, removed. . in place of B. · E. McGee. Incumbent's commission 'expired Henry F. McCall to be postmaster at Madrid, N. v .. in January 23, 1935. place of B. F. King. Incumbent's commission expired Febru­ Anne R. Cardona to be postmaster at Rocky Point, N. Y. ary 4, 1935. Office became Presidential July l, 1933. Michael F. Conroy to be postmaster at Milton, N. Y., in Leslie M. Saunders to be postmaster at St. Regis Falls, place of C. G. Mackey, Jr. Incumbent's commission expired N. Y., in place of R. G. Giffin. Incumbent's commission February 4, 1935. expired December 18, 1934. William F. Riordan to be postmaster at Newark Valley, John W. Moore to be postmaster at Savona, N. Y., in N. Y., in place of H. T. Nowlan. Incumbent's commission place of William Sanford. Incumbent's commission expired expired February 4, 1935. January 22, 1935. Jay W. Lee to be postmaster at New Woodstock, N. Y., tn Harry F. Corr to be postmaster at Schaghticoke, N. Y., in place of C. J. Lansing. Incumbent's commission expired place of G. B. Sample. Incumbent's commission expired February 20, 1935. January 13, 1935. Ambrose Lee Huber to be postmaster at Rhinebeck, N. Y ., Devillo Cobb to be postmaster at Sinclairville, N. Y., in in place of Harry Pottenburgh. Incumbent's commission ex­ place of T. S. Spear. Incumbent's commission expired Jan .. pired March Z, 1935. uary 23, 1935. Catherine L. O'Leary to be postmaster at Roslyn Heights, Augustus D. Seeber to be postmaster at South Dayton, N. Y., in place of Violet Breen. Incumbent's commission ex­ N. Y., in place of C. H. Brown. Incumbent's commission pired June 20, 1934. expired February 4, 1935. Cletus T. Glackin to be postmaster at St. Bonaventure, .J. Newton Post to be postmaster at Stanfordville, N. Y., N. Y., in place of B. J. Kuhn, resigned. in place of B. A. Fradenburg. Incumbent's commission ex­ Harold M. Drury to be postmaster at Scarsdale, N. Y., pired January 13, 1935. in place of D. R. Dunn. Incumbent's commission expired Mary C. Eichhorn to be postmaster at Thornwood, N. Y.• March 2, 1935. in place of George Anderson. Incumbent's commission ex .. Eugene F. Govern to be postmaster at Stamford, N. Y., in pired January 22, 1935. place of C. H. Peters. Incumbent's commission expired Feb­ Anna Marriott to be postmaster at Vernon, N. Y., in place ruary 20, 1935. of F. C. Smith. Incumbent's commission expired January Walter Frank Baltes to be postmaster at Tonawanda, 23, 1935. N. Y., in place of Fred Hahn. Incumbent's commission ex­ Joseph Hilton to be postmaster at Voorheesville, N. Y., in pired December 20, 1934. place of W. H. Young. Incumbent's commission expired March 2, 1935. Frank Piliere to be postmaster at Valley Cottage, N. Y., in place of C.R. Stone. Incumbent's commission expired Jan­ Gail B. Liner to be postmaster at Wassaic, N. Y., in place of R. E. Barlow. Incumbent's commission expired April 28, uary 22, 1935. William J. Eagan to be postmaster at Wappingers Falls, 1934. N. Y., in place of A. F. Crandall. Incumbent's commission James J. Collins to be postmaster at Water Mill, N. Y., in place of F. R. Bennett. Incumbent's commission expired expired January 22, 1935. Helen F. Hallahan to be postmaster at Brasher Falls, October 16, 1933. N. Y., in place of R. W. Munson. Incumbent's commission Oliver Townsend to be postmaster at West Coxsackie, N. Y., in place of George Hubbard. Incumbent's commission ex­ expired February 20, 1935. pired March 8, 1934. John J. Diffily, Jr., to be postmaster at Chester, N. Y., in George W. Probasco to be postmaster at Whitesville, N. Y., place of H.F. House. Incumbent's commission expired Feb­ in place of G. M. Lewis. Incumbent's commission expired ruary 4, 1935. February 20, 1935. Thomas J. McManus, Jr., to be postmaster at Corfu, N. Y., NORTH CAROLINA in place of C. H. Brown. Incumbent's commission expired February 20, 1935. William G. Crutchfield to be postmaster at Haw River, John Frank Gagen to be postmaster at Cutchogue, N. Y., N. C., in place of J. H. Freshwater, removed. in place of G. W. Mohlfeld: Incumbent's commission ex­ Annie L. Scott to be postmaster at Sanford, N. c., in place pired March 8, 1934. of R. A. Kennedy, removed. Le Roy K. Kurlbaum to be postmaster at Fonda, N. Y., Margaret W. Davis to be postmaster at Walnut Cove, in place of E. C. Davis. Incumbent's commission expired N. C., in place of M. C. Lewellyn. Incumbent's commission February 6, 1934. expired February 14, 1935. J. Herbert T. Smallwood to be postmaster at Glenwood NORTH DAKOTA Landing, N. Y., in place of B. M. Bergersen. Incumbent's Imie C. Hogue to be postmaster at Belcourt, N. Dak. Office commission expired February 20, 1935. became Presidential July 1, 1935. Herbert O'Hara to be postmaster at Haines Falls, N. Y., in Reuben A. Lehr to be postmaster at Fredonia, N. Dak., in place of J. H. Layman. Incumbent's commission expired place of Otto Gackle, removed. January 23, 1935. Harry Jerome Mealy to be postmaster at Reynolds, N. Dak., Elsa D. Hart to be postmaster at High Falls, N. Y., in in place of 0. J. Lebacken. Incumbent's commission expired place of LeRoy Krom. Incumbent's commission expired February 4, 1935. January 13, 1935. OHIO George E. Blust to be postmaster at Holland Patent, N. Y., Herbert L. Gray to be postmaster at Gnadenhutten, Ohio, in place of M. A. Davies. Incumbent's commission expired in place of 0. C. Wheland. Incumbent's commission expired December 20, 1934. February 4, 1935. Frances S. Murphy to be postmaster at Lisbon, -N. Y., in George R. Kinder to be postmaster at Rockford, Ohio, in place of B. H. Kelly. Incumbent's commission expired Feb­ place of M. A. Jackson. Incumbent's commission expired ruary 20, 1935. February 14, 1935. Robert F. Talbot to be postmaster at New Berlin, N. Y., Bert L. Peer to be postmaster at Groveport, Ohio, in place in place of M. E. Butterfield, resigned. of G. R. Warren. Incumbent's commission expired De­ Robert S. Pearson to be postmaster at Newfield, N. Y., in cember 18, 1934. place of G. A. Gardner. Incumbent's commission expired William A. Cowen to be postmaster at Loudonville, Ohio, January 13, 1935. in place of G. A. Case, resigned. 1935 CONGRESSIONAL RECORD-- SENATE 12493 Albert s. Keechle to be postmaster at Waverly, Ohio, in C. William Boozer to be postmaster at Centre Hall, Pa., in place of J. T. Gibson. Incumbent's commission expired place of R. M. Smith. Incumbent's commission expired Feb­ December 18, 1934. ruary 21, 19~5. Charles A. Kempf to be postmaster at West Lafayette, Sylverius A. Waltman to be postmaster at Chicora, Pa., in Ohio, in place of C. W. Phillips, removed. phtce of C. S. Bell. Incumbent's commission expired January OKLAHOMA 9, 1935. Eddie A. Blackman to be postmaster at Crescent, Okla., Harry R. Schneitman to be postmaster at Elizabethtown, in place of J. R. Wilson. Incumbent's commission expired Pa., in place of A. S. Plummer, removed. February 14, 1935. Valentine L. Pfaff to be postmaster at Emlenton, Pa., in James P. Todd to be postmaster at Oilton, Okla., in place place of S. B. Daniels. Incumbent's commission expired Jan­ of Herbert Harris: resigned. uary 22, 1935. George E. Raouls to be postmaster at Picher, Okla., in Joseph J. Quinn to be postmaster at Gallitzin, Pa., in place place of J. H. Durnil, resigned. of W. H. Weston. Incumbent's commission expired January . Fred Allison to be postmaster at Westville, Okla., in place 9, 1935 . of W. C. Colvin, removed. Robert M. Sutter to be postmaster at Homer City, Pa., in place of R. B. Kunkle. Incumbent's commission expired OREGON February 14, 1935. M. Eleanor Reed to be postmaster at Aurora, Oreg., in Earl W. Montague to be postmaster at Hughesville, Pa., in place of J. W. Sadler, deceased. place of Paul Smith. Incumbent's commission expired Jan­ Marvin o. Hawkins to be postmaster at Coquille, Oreg., uary 28, 1935. in place of G. A. Belloni, removed. John Harry Grube to be postmaster at Landisville, Pa., in Frank J. Dooher to be postmaster at Cornelius, Oreg., in place of F. H. Shenck. Incumbent's commission expired place of D. M. Crance. Incumbent's commission expired March 22, 1934. December 18, 1934. · Kathryn A. B. Pinnock to be postmaster at Le Raysville, Edna M. Jamieson to be postmaster at Port Orford, Oreg. Pa., in place of S. F. Williams. Incumbent's commission ex­ Office became Presidential July l, 1935. pired February 14, 1935. PENNSYLVANIA Fleetwood W. Brumbaugh to be postmaster at Martins­ William Glenn Rumbaugh to be postmaster at Avonmore, burg, Pa., in place of A. R. Lykens. Incumbent's commis­ Pa. in place of W. C. Alcorn. Incumbent's commission ex­ sion expired January 9, 1935. pired January 12, 1933. Jay c. Watts to be postmaster at Millville, Pa., in place Henry N. Byers to be postmaster at Bolivar, Pa., in place of J. W. Biddle. Incumbent's commission expired January of w. L. Hendricks. Incumbent's commission expired De­ 28, 1935. cember 18, 1933. Alexander Grafton Sullivan to be postmaster at New Kens­ Charles H. Cullen to be postmaster at Derry, Pa., in place ington, Pa., in place of Kenneth Cooper. Incumbent's com­ of W. T. Cruse. Incumbent's commission expired February mission expired March 2, 1935. 14, 1935. Eleanor s. Casey to be postmaster at Paoli, Pa., in place Jacob Fink Lauffer to be postmaster at Export, Pa., in of E. M. Shinton. Incumbent's commission expired January place of Alexander Hamilton. Incumbent's commission ex­ 8, 1934. pired January 9, 1935. James E. Dereich to be postmaster at Perrysville, Pa., in Peter A. Conway to be postmaster at Girardville, Pa., in place of C. J. Hieber. Incumbent's commission expired place of M. C. Cleaver, removed. January 28, 1935. Howard Walter Stough to be postmaster at Grapeville, Pa., Joseph R. Roach to be postmaster at Petrolia, Pa., in place in place of H. D. Klingensmith. Incumbent's commission of s. E. Crawford. Incumbent's commission expired Janu­ expired December 18, 1933. ary 9, 1935. Charles M. Shoup to be postmaster at Ligonier, Pa., in Lisle H. Deviney to be postmaster at Pitcairn, Pa., in place place of W. H. Lowry. Incumbent's commission expired of P. C. Rupp. Incumbent's commission expired February January 9, 1935. 25, 1935. . Robert E. Pfau ts to be postmaster at Lititz, Pa., in place of Jacob S. Williams to be postmaster at Port Matilda, Pa., P. M. Seaber, transferred. in place of W. J. Woodring. Incumbent's commission ex­ Wilford G. Stauffer to be postmaster at New Holland, Pa., pired June 20, 1934. in place of I. H. Snader. Incumbent's commission expired Philip B. Thompson to be postmaster at Rutledge, Pa., in March 8, 1934. place of W. K. Pearce. Incumbent's commission expired Joseph Regis, Jr., to be postmaster at Rimersburg, Pa., January 26, 1933. in place of C. A. Fritz. Incumbent's commission expired Feb­ Hazel C. Wingard to be postmaster at Spring Mills, Pa., ruary 14, 1935. in place of C. A. Wingard. Incumbent's commission ex­ Frederick A. Phoenix to be postmaster at Shinglehouse, Pa., pired March 2, 1935. in place of A. F. Nichols. Incumbent's commission expired Lillie B. Atkin to be pastmaster at Tidioute, Pa., in place January 22, 1935. of H. A. Fuellhart. Incumbent's commission expired June Thomas H. McKlveen to be postmaster at Trafford, Pa., in 20, 1934. place of D. R. Clifford. Incumbent's commission expired in January 9, 1935. Harry H. Howell to be postmaster at Union Daie, Pa., Arthur R. Cramer to be postmaster at Bangor, Pa., in place place of H. T. Williams. Incumbent's commission expired of Whitfield Pritchard. Incumbent's commission expired February 25, 1935. February 25, 1935. George J. Moses to be postmaster at West Chester, Pa., in Boyd E. Martin to be postmaster at Bentleyville, Pa., in place of Wayne Elliott, resi~ed. place of W. J. Wilson. Incumbent's commission expired RHODE ISLAND January 9, 1935. Ralph H. Chapman to be postmaster at Esmond, R. I., in Joseph R. Stanich to be postmaster at Bessemer, Pa., in place of R. H. Chapman. Incumbent's commission expired place of H. A. Lago. Incumbent's commission expired Janu­ March 18, 1934. ary 9, 1935. SOUTH CAROLINA Charles H. Beck to be postmaster at Bushkill, Pa., in place of L. E. Carpenter. Incumbent's commission expired Janu­ Arthur M. Parker to be postmaster at Lake City, S. C., in ary 28, 1935. place of G. E. Munn. Incumbent's commission expired De­ Harry L. Hause to be postmaster at Catawissa, Pa., in place cember 20, 1934. of L. C. Mensch. Incumbent's commission expired January James M. Riley to be postmaster at Allendale, S. C., in 9, 1935. place of J.C. Spann, resigned. 12494 CONGRESSIONAL . RECORD-SENATE AUGUST 5 SOUTH DAKOTA Roy Emerson to be·postmaster at North Bonneville, Wash. Frederick J. Bowar to be postmaster at Reliance, S. Dak., Office became Presidential January 1, 1935. in place of B. P. Humphreys. Incumbent's commission ex­ WEST VIRGINIA pired February 4, 1935. Harold F. Gilbert to be postmaster at Buffalo, S. Dak., tn Virgil W. Knight to be postmaster SJt Burnsville, W. Va., place of A. D. Flagg, removed. in place of W. M. Kidd. Incumbent's commission expired Charles E. Smith to be postmaster at Lemmon. S. Dak., February 6, 1935. in place of C. E. Smith. Incumbent's commission expired Glenn A. Fowler to be postmaster at Harrisville, W. Va., February 25, 1935. in place of E. M. Pierpoint. Incumbent's commission expired Ralph V. Millstead to be postmaster at Philip, S. Dak., in February 20, 1935. place of C. A. Carlson, removed. Lee S. Switzer to be ix>stmaster at Westop., W. Va., in place Oscar C. Larson to be postmaster at Valley Springs, S. of J. W. Farnsworth. Incumbent's commission expired Feb­ Dak., in place of A. B. Elliott. Incumbent's commission ruary 20, 1935. expired January 7, 1935. Oma Corder to be postmaster at West Union, W. Va., in place of F. E. Strickling. Incumbent's commission ex­ TENNESSEE pired February 6, 1935. James R. Hobbs to be postmaster at Lebanon. Tenn., in place of T. E. Bryan. Incumbent's commission expired WISCONSIN March 3, 1931. John R. Bernard to be postmaster at Necedah, Wis., in Joseph McDonald Ernest to be postmaster at Oliver -place of G. W. Taft. Incumbent's commission expired Jan­ Springs, Tenn., in place of M. G. Booth, resigned. uary 22, 1935. Vance C. Pendleton to be postmaster at Bullsgap, Tenn., in John H. Hillberry to be postmaster at Blue River, Wis., in place of J. A. Berry, resigned. place of F. D. Bartels. Incumbent's commission expired William H. Pritchett to be postmaster at Dresden, Tenn., February 25, 1935.· in place of S. A. Winstead. Incumbent's. commission expired Virgil R. Hines to be postmaster at East Ellsworth, Wis., February 25, 1935. in place of Blanch Lyon. Incu.mbent's commission expired Grace G. Shell to be postmaster at Elizabethton, Tenn., February 20, 1935. in place of R. T. Johnson, Jr., resigned. Tony W. Schuh to be postmaster at Elcho, Wis., in place Lee N. Alley to be postmaster at Oakdale, Tenn., in place of R. J. Hansen. Incumbent's commission expired Febru­ of L. M. Jeffers, resigned. ary 25, 1935. TEXAS Andrew J. Clark to be postmaster at Milltown, Wis., in Victor D. Brown to be postmaster at Centerville, Tex., in place of J. D. Nicholson. Incumbent's commission expired place of Hester Thomason, resigned. February 25, 1935. · Chevis R. Cleveland to be postmaster at Granbury, Tex., George Lincoln Abraham to be postmaster at Minocqua, in place of S. D. Smith, deceased. Wis., in place of E. R. Schilling. Incumbent's commission Alwyn L. Golden to be postmaster at Leonard, Tex., in expired February 25, 1935. place of J. L. Dillon. Incumbent's commission expired Jan­ Francis J. Kugle to be postmaster at Reedsville, Wis., in uary 13, 1935. place of L. A. Busse. Incumbent's commission expired Olen C. Arthur to be postmaster at Spur, Tex., in place February 25, 1935. of L. H. Perry. Incumbent's commission expired February John W. Kelley to be postmaster at Rhinelander, Wis., in 25, 1935. place of P. P. Dandoneau, deceased. Waster E. Everett to be postmaster at Lometa, Tex., in William F. Garvin to be postmaster at Rio, Wis., in place place of J.E. Moore. Incumbent's commission expired Feb­ of C. L. Schultz. Incumbent's commission expired January ruary 20, 1935. 22, 1935. Phil s. Bouchier to be postmaster at Post, Tex., in place of Herman S. Morris to be postmaster at Sharon, Wis., in C. A. Quails, removed. place of C. L. Wolf. Incumbent's commission expired Feb­ Lyndsay W. Phillips to be postmaster at Stephenville, Tex., ruary 25, 1935. in place of T. H. Perry, removed. Aaron R. White to be postmaster at Wonewoc, Wis., in Alice Hines to be postmaster at Venus, Tex., in place of place of E. G. Lawsha. Incumbent's commission expired T. W. Hines, deceased. February 14, 1935. UTAH WYOMING Mary Jeanette M. Smith to be postmaster at Farmington, John Barwick to be postmaster at Superior, Wyo., in Utah, in place of Annie Palmer. Incumbent's commission place of H. A. Wylam. Incumbent's commission expired expired February 5, 1935. December 18, 1934. Frank Gibson Eastman to be postmaster at Tooele, Utah, in place of A. L. Hanks. Incumbent's commission expired CONFIRMATIONS February 4, 1935. VERMONT Executive nominations confirmed by the Senate August 5 Forrest E. Allen to be postmaster at Bradford, Vt., in place (legislative day of July 29), 1935 of B. W. Crafts. Incumbent's commission expired February JUDGE OF CmcUIT COURT, TERRITORY OF HAWAII 25, 1935. Albert M. Cristy, second judge, first circuit, Territory of Frederick H. Horsford to be ix>stmaster at , Vt., Hawaii. in place of F. S. Williams. Incumbent's commission expired POSTMASTERS February 4, 1935. VIRGINIA NEW YORK Robert C. Wilkinson to be postmaster at Warm Springs, John Hartigan, Chatham. Va., in place of R. M. Cleek. Incumbent's commission ex­ James A. Wigg, Hyde Park. pired January 13, 1935. Mae J. Pessenar, Pine Hill. WASHINGTON George E. Starr to be postmaster at Seattle, Wash, in WITHDRAWAL place of C. M. Perkins, transferred. Executive nomination· withdrawn· from ·the Senate August 5 George L. Gordon to be postmaster at Silverdale, Wash., (legislative day of July 29), 1935 in place of R. E. Gordon. Incumbent's commission expired POSTMASTER January 22, 1935. ~ George C. Eller to be postmaster at Wenatchee, Wash., · NORTH DAKOTA in place of A. A. Bousquet. Incumbent's commission ex­ Wallace W. O'Hara to be postmaster at Neche, in the State pired February 6, 1935. of North Dakota.