1932 CONGRESSIONAL RECORD-SENATE '4583 2664. BiMr. RICH: Petition orresidents of Carter Camp, 2678. By MI. TEMPLE: Petitions of Woman's Christian Pa., opposing Senate bill 1202; to the Committee on the Temperance Union, Monongahela, and the First Baptist District of Columbia. Church of Cannonsburg, Pa., supporting the eighteenth 2665. By Mr. ROBINSON: Petition signed by Mrs. H. B. amendment and protesting against the submission of an ·. Hunt, president, and Ethel Davis, secretary, of the· Ladies' amendment to the States repealing the eighteenth amend Auxiliary of Frlends Church, New Providence, Iowa, adopted ment; to the Committee on the Judiciary. by the Providence Township Farm Bureau, representing about 2679. By Mr. WARREN: Petition of the Woman's Chris 100 people, on February 16, 1932, and signed by Wilson H. tian Temperance Union of Elizabeth City, N. C., protesting Hadley, president, and Paul M. Walter, secretary, opposing against the repeal of the eighteenth amendment; to the the resubmission of the eighteenth amendment to be ratified Committee on the Judiciary. by State conventions or .by State legislatures, and urging 2680. By Mr. WATSON: :Resolution of the Slatington that Congress vote against any such resolution and vote Chamber, No. 6, Order Knights of Friendship, favoring for adequate appropriations for law enforcement and for House bill 8921 for the erection of a veterans' hospital in education in law observance; to the Committee on the the vicinity of Slatington, Pa.; to the Committee on World Judiciary. War Veterans' Legislation. 2666. Also, resolution sent in by Delmar D. Latham, sec 2681. By Mr. WEST: Petition of 84 World War veterans retary of the Dunbar Consolidated School Board, which of Richland County, Ohio, favoring payment of the bonus resolution was adopted by the Dunbar Parent-Teacher certificates; to the Committee on Ways and Means. Association, representing 250 people, on February 17, 1932, 2682. By Mr. WffiTLEY: Petition of citizens of Roches opposing the resubmission of the eighteenth amendment to ter, N. Y., favoring maintenance of the prohibition law and be ratified by State conventions or by State legislatures, and its enforcement; to the Committee on the Judiciary. urging that Congress vote against any such resolution and 2683. By Mr. WHITTINGTON: Petition of Woman's Bible vote for adequate appropriations for law enforcement and for Class, Capitol Street Methodist Church, Jackson, Miss., op education in law observance; to the Committee on the posing the resubmission of the eighteenth amendment; to Judiciary. the Committee on the Judiciary. 2667. Also, petition of A. R. Miller and 17 other members 2684. Also, petition of the Character Builder Class, Cap of Farmers' Union No. 2165, of Janesville, Iowa, urging the itol Street Methodist Church, J ac1mon, Miss., opposing the passage of legislation helpful to the farmers of the Middle resubmission of the eighteenth amendment; to the Commit West and agriculture generally, and stating that the pres tee on the J'udiciary. ent situation calls for immediate relief and the passage of 2685. Also, petition of Wesley Adult Class, No. 3, Capitol legislation to accomplish this purpose; to the Committee on Street Methodist Church, Jackson, Miss., opposing the re Agriculture. submission of the eighteenth amendment; to the Committee 2668. By Mr. ROMJUE: Petition of Allied Postal Em on the Judiciary. ployees of St. Louis and vicinity, opposing any action at this 2686. Also, petition of Men's Bible Class, Capitol Street time to reduce the wages of Government employees; to the Methodist Church, Jackson, Miss., opposing the resubmis Committee on Ways and Means. sion of the eighteenth amendment; to the Committee on the 2669. By Mr. SHREVE: Petition of the Hydetown Woman's Judiciary. Christian Temperance Union, representing 100 members, of Hydetown, Pa., opposing the resubmission of the eighteenth SENATE amendment to be ratified by State conventions or by State legislatures; to the Committee on the Judiciary. WEDNESDAY, FEBRUARY 24, 1932 2670. By Mr. SUMNERS of Texas: Petition of several The Chaplain, Rev. zrnarney T. Phillips, D. D., offered th~ hundred citizens of California, urging support and mainte following prayer: nance of the prohibition laws; to the Committee on the Judiciary. 0 Eternal One, by whose Spirit we are made sons and 2671. By Mr. SUTPHIN: Petition presented by Star Coun heirs of the living God; grant us by the same Spirit to cil, No. 56, Sons and Daughters of Liberty, supporting House hear Thy voice speaking within us, in the sense of duty, in bill 196'1; to the Committee on Immigration and Naturali the ideals of righteousness, in the principle of love oppos zation. ing "Selfishness, in the nobler thought disturbing our con 2672. By Mr. SWitK: Petition of Central Union Woman's tentment with that which is unworthy. Abide with us this Christian Temperance Union, New Castle, Lawrence County, day, and when we seem to fail, suffer the burden of our Pa., opposing the resubmission of the eighteenth amend weakness to remain till we touch, not the dust and a.shes of ment to the State legislatures or conventions fo~ xepeal; despair but the healing waters of repentance, that by Thy to the Committee on the Judiciary. mercy we may be lifted into realms of new resolve and 2673. Also, petition of Neshannock Presbyterian Church, greater endeavor in the service of our country and our God. New Wilmington, Lawrence County, Pa., Rev. w. F. Byers, We ask it through Jesus Christ our Lord. Amen. pastor, opposing the resubmission of the eighteenth amend THE ·JOURNAL ment to the State legislatures or conventions for repeal; to The Chief Clerk proceeded to read the Journal of yester the Committee on tbe Judiciary. day's proceedings, when, on request of Mr. FEss and by 267 4. By Mr. SWING: Petition of citizens of Santa Ana, unanimous consent, the further reading was dispensed with Calif., protesting against the repeal, resubmission, or modi and the Journal was approved. fication of the eighteenth amendment to the Constitution; to the Committee on the Judiciary. CALL OF THE ROLL 2675. Also, petition of 69 residents of Colton. Calif., pro Mr. FESS. Mr. President, I suggest the absence of a testing against compulsory Sunday observance and the pas quorum. sage of .Senate bill 1202; to the Committee on the District of The VICE PRESIDENT. The clerk will call the roll. Columbia. The Chief Clerk called the roll, and the following Sena 2676. By Mr. TABER: Petition of Sara M. Harrington, of tors answered to their names: Vietor, N. Y., and others, opposing the resubmission or modi Ashurst Brookhart Costigan George Austln Broussard Couzens Glass fication of the eighteenth amendment; to the Committee on Batley Bu1ow Cutting Glenn the Judiciary. Bankhead Byrnes Dale Goldsborough Barbour Capper Davis Gore 2677. .Also, petition of Mrs. John E. Bennett, of Holcomb. Blngh&Dl Caraway Dickinson Hale N. Y., and others, opposing resubmission or modification mack Carey Dlll B&rrlson of the eighteenth amendment; to the Committee on the Blaine Coun&lly Fess Hastings Borah Coolidge Fletcher H&tfleld Judiciary. BraUon ColJela,nd .Frazier Bawes 4584 CONGRESSIONAL RECORD-SENATE FEBRUARY 24
Hayden McGUl Robinson, Ark. Trammell " The policy of the Government of the United States 1s to seek Hebert McNary Robinson, Ind. Tydings a solution which may bring about permanent safety and peace to Howell Metcalf Schall Vandenberg China, preserve Chinese territorial and ad.mlnistrative entity, pro Hull Morrison Sheppard Wagner tect all rights guaranteed to friendly powers by treaty and inter Johnson Neely Shipstead Walcott Jones Norbeck Smith Walsh, Mass. national law, and safeguard for the world the principle of equal Kean .-. Norris Smoot Walsh, Mont. and impartial trade with all parts of the Chinese Empire." Kendrick Nye Steiwer Watson He was successful in obtalnlng the assent of the other powers Keyes Oddie Stephens Wheeler to the policy thus announced. King Patterson Thomas, Idaho White In taking these steps Mr. Hay acted with the cordial support : La Follette Pittman Thomas, Okla. of the British Government. In responding to Mr. Hay's an Logan ~ed To~end nouncement, above set forth. Lord Salisbury, the British Prime Minister, expressed himself "most emphatically as concurring in Mr. JOHNSON. I announce that my colleague the junior the policy of the United States." Senator from California [Mr. SHORTRIDGE] is still detained For 20 years thereafter the open-door policy rested upon the f from the Senate by illness. This announcement may stand informal commitments thus made by the various powers. But in the winter of 1921 to 1922, at a conference participated in by for the day. all of the principal powers which had-interests in the Pacific, the Mr. LOGAN. I desire to announce the absence of my col .. policy was crystallized into the so-called 9-power treaty, which league the senior Senator from Kentucky [Mr. BARKLEY] on gave definition and precision tO the principles upon which the public business. I ask that this announcement stand for pollcy rested. In the first artide of that treaty the contracting the day. powers, other than China, agreed: 1. To respect the sovereignty, the independence, and the terri- Mr. GEORGE. I wish to announce the absence of my torial and admln1strative integrity of China. - colleague the senior Senator from Georgia [Mr. HARRis] 2. To provide the fullest and most unembarrassed opportunity because of continued illness. I request that this announce to China to qevelop and maintain for herself an effective and stable government. ment may stand for the day . . 3. To use their infiuence for the purpose of effectually estab Mr. SHEPPARD. I was requested to announce that the lishing and maintaining the principle of equal opportunity for the junior Senator from lllinois [Mr. LEWIS] is necessarily de commerce and industry of all nations throughout the territory. of tained in his home State on. public matters. China. 4. To refrain from taking advantage of conditions in China in Mr. HULL. I wish to announce that the senior Senator order to seek special rights or privileges which would abridge the from Tennessee [Mr. McKELLAR] is necessarily detained rights o! subjects or citizens of friendly states and from coun from the Senate by a death in his family: I will let this tenancing action inimical to the security of such states. announcement stand for the day. This treaty thus represents a carefully developed and matured international policy intended, on the one hand, to assure to all The VICE PRESIDENT. Eighty-six Senators have an of the COJ;ltre.cting parties their rights and interests in and wlth swered to their names. A quorum is present. regard to China, and on the other hand to assure to the people TWO HUNDREDTH ANNIVERSARY OF WASHINGTON'S BIRTH of China the fullest opportunity to develop without molestation their sovereignty and independence according to the modern and The VICE PRESIDENT laid before the Senate a cablegram enlightened standards believed to maintain among the peoples from the president of the Hungarian Upper House at Buda of this earth. At the time this treaty was signed it was known pest, Hungary, which was ordered to lie on the table and that China was engaged in an attempt to develop the free insti tutions of a self-governing republlc after her recent revolution to be printed in the RECORD, as follows: from an autocratic form of government; that she would require BUDAPEST, February 21, 1932. many years of both economic and political effort to that end; The Hon. CHARLES CURTIS, and that her progress would necessarily be slow. The treaty was President of the Senate, Washington, D. C.: thus a covenant of self-denial among the signatory powers in de On the occasion of your first President's bicentennial allow me liberate renunciation of any policy of aggression which might to assure you and the Senate of the participation of the Hungariar. tend to interfere with that development. It was believed-and Upper House 1n honoring his exalted memory. May his ideas the whole history of the development of the open-door policy continue to guide the destinies of your great Nation. reveals that faith-that only by such a process, under the protec Baron WLASSICS, tion of such an agreement, could the fullest interests not only of President of the Hungarian Upper H01L3e. China but of all nations which have intercourse with her best be served. - THE 9-POWER TREATY-LETTER FROM THE SECRETARY OF STATE In its report to the President announcing this treaty, the American delegation, headed by the then Secretary of State, Mr. Mr. BORAH. Mr. President, I ask to have printed in the Charles E. Hughes, said: RECORD a letter which I have just received from the Secre " It is believed that through this treaty the ' open door • in tary of State. China has at last been made a !act." There being no objection, the letter was ordered to be During the course of the discussions which resulted In the treaty the chairman of the British delegation, Lord Balfour, had printed in the RECORD, as follows: stated that- • THE SECRETARY or STATE, " The British Empire delegation understood that there was no Washington, February 23, 1932. representative -Of any power around the table who thought that · MY DEAR SENATOR BoRAH: You have asked my opinion whether, the old practice of 'spheres of interest' was either advocated by as has been sometimes recently suggested, present conditions in any government or would be tolerable to this conference. so far China have in any way indicated that the so-called 9-power as the British Government were concerned, they had in the most treaty has become Inapplicable or ineffective or rightly 1n need of formal manner publicly announced that they regarded this prac modification, and 1! so, what I considered should be the policy of ttce as utterly inappropriate to the existing situation." this Government. At the same tim~ the representative of Japan, Baron Shidehara, This treaty, as you of course know, forms the legal basis upon announced the position of his Government as follows: which now rests the "open-door" policy toward China. That "No one denies to China her sacred right to govern herself. policy, enunciated by John Hay in 1899, brought to an end the No one stands in the way of China to work out her own great struggle among various powers for so-called spheres of interest national destiny." in China which was threatening the dismemberment of that The treaty was originally executed by the United States, Bel empire. To accomplish this Mr. Hay invoked two principles (1) glum, the British Empire, China, France, Italy, Japan, the Neth equality of commercial opportunity among all nations in dealing erla.nds, and Portugal. Subsequently it was also executed by with China, and (2) as necessary to that equality the preserva- Norway, Bollvia, Sweden, Denmark, and Mexico. Germany has tlon of China's territorial and administrative integrity. These signed it, but her parliament has not yet ratified it. principles were not new in the foreign policy of America. They It must be remembered also that this treaty was one of several had been the principles upon which it rested in its dealings with treaties and agreements entered into at the Washington confer other nations for many years. In the case of China they were ence by the various powers concerned, all of which were interre invoked to save a situation which not only threatened the future lated and Interdependent. No one of these treaties can be dis development and sovereignty of that great Asiatic people but also regarded without disturbing the general understanding and equi threatened to create dangerous and constantly increasing rivalries librium which were intended to be accomplished and effected by between the other nations of the world. War had already taken the group of agreements arrived at in their entirety. The Wash place between Japan and China. At the close of that war three ington conference was essentially a disarmament conference, other nations intervened to prevent Japan from obtaining some aimed to promote the possib111ty of peace in the world nGt only of the results of that war claimed by her. Other nations sought through the cessation of competition in naval armament but also and had obtained spheres of interest. Partly as a result of these by the solution of various other disturbing problems which actions a serious uprising had broken out in China which en- threatened the peace of the world, particularly in the Far East. dangered the legations of all the powers at Peking. While the These problems were all interrelated. The willingness of the attack on those legations was in progress, Mr. Hay made an an- American Govei'Illllent to surrender its then commanding lead nouncement in respect to this policy as the principle upon which in battleship construction and to leave its positions at Guam and the powers should act in the settlement Of the rebell1on. He said: 1 1n the Phllippines wit)?.out further fortification was predicated. 1932 - CONGRESSIONAL RECORD-SENATE 4585 upon, among oiher thlngs, the self-denying covenants contained tion measure, which was referred to the Committee on ~ the in the 9-powtlr treaty, which assured the nations of the world not only of equal opportunity for their eastern trade but also Judiciary. . against the milltary aggrandizement of any other power at the Mr. BLAINE presented resolutions adopted by Groups Nos. expense of China. One can not discuss the possibility of modi 563 and 730 of the Polish National Alliance, of Milwaukee, fying or abrogating those provisions of the 9-power treaty with Wis., favoring the passage of legislation requesting the out considering at the same time the other promises upon which they were really dependent. President to proclaim October 11 in each year as General Six years later the policy of self-denial against aggression by a Pulaski's Memorial Day, which were referred to the Com stronger against a weaker power, upon which the 9-power treaty mittee on the Judiciary. had been based, received a powerful reinforcement by the execu tion by substantially all the nations of the world of the pact of Mr. BROOKHART presented a petition of sundry citizens Paris, the so-called Kellogg-Briand pact. These two treaties rep of Harlan. Iowa, praying for the immediate payment in cash resent independent but harmonious steps taken for the purpose of adjusted-service compensation certificates (bonus), which of aligning the conscience and public opinion of the world in was referred to the Committee on Finance. favor of a system of orderly development by the law of nations, including the settlement of all controversies by methods of justice Mr. DICKINSON presented a memorial of sundry citizens and peace instead of by arbitrary force. The program for the of Iowa City, Iowa, remonstrating against the proposed im protection of China from outside aggression is an essential part position of a 10 per cent amusement tax on theater admis of any such development. The signatories and adherents of the 9-power treaty rightly felt that the orderly and peaceful develop sions, which was referred to the Committee on Finance. ment of the 400,000,000 people inhabiting China was nece.ssary Mr. FRAZIER presented a petition signed by 210 members to the peaceful welfare of the entire world and that no pro of the faculty and student body of the State Teachers Col gram for the welfare of the world as a whole could afford to neg lege at Mayville, N.Dak., praying for a drastic reduction in lect the welfare and protection of China. The recent events which have tal>en place in China, especially armaments of all kinds, which was referred to the Commit the host1llties, which, having been begun in Manchuria, have later tee on Foreign Relations. ally been extended to Shanghai, .far from indicating the advisa Mr. TYDINGS presented the petition of Walter Johnson bility of any modification of the treaties we have been discussing, have tended to bring home the vital importance of the faithful .and George P. Sacks, of Bethesda, Md., praying for the pas observance of the covenants therein to all of the nations inter sage of legislation regulating the closing of barber shops on ested in the Far East. It is not necessary in that connection to Sunday in the District of Columbia, known as the Copeland inquire into the causes of the controversy or attempt to apportion the blame between the two nations which are unhappily involved, Sunday health bill, which was referred to the Committee on for regardless of cause or responsibility, it is clear beyond perad the District of Columbia. venture that a situation has developed whJch can not under any Mr. NORBECK presented memorials numerously signed circumstances be reconciled with the obligations of the covenants by sundry citizens of Sioux Falls, Rowena, Mitchell, Dell of these two treaties, and that if the treaties had been faithfully observed such a situation could not have arisen. The signatories Rapids, Huron, Belvidere, Schamber, White River, Belle of the 9-power treaty and of the Kellogg-Brland pact who are Fourche, Hudson, Parker, Alexandria, Fulton, Artesian, Hur not parties to that confiict are not likely to see any reason for modi ley, Centerville, and Viborg, all in the State of Sou~h Dakota, fying the terms of those treaties. To them the real value of the faithful performance of the treaties has been brought sharply 1·emonstrating against the passage of legislation providing home by the perils and losses to which their nationals have been for the closing of barber shops on Sunday in the District of subjected in Shanghai. Columbia, or other restrictive religious measures, which were That is the view of this Government. We see no reason for referred to the Committee on the District of Columbia. abandoning the enlightened principles which are embodied 1n these treaties. We believe that this situation Would have been Mr. SIITPSTEAD presented a resolution adopted by Group avoided bad these covenants been faithfully observed, and no evi No. 1033 of the Polish National Alliance, of South St. Paul, dence has come to us to indicate that a due.conipliance with them Minn., praying for the passage of legislation requesting the would have interfered with the adequate protection of the legiti President to proclaim October 11 in each year as General mate .rtghts in China of the signatories of those treaties and their nationals. Pulaski's memorial day, which was referred to the Committee On January 7 last, upon the instruction of the President, this on the Judiciary. Government formally notified Japan and China that it would not He also presented a petition of sundry citizens of Alex recognize any situation, treaty, or agreement entered into by those governments in violation of the covenants of these treaties, which andria, Minn., praying for the maintenance of the prohibi affected the rights of our Government or its citizens in China. If tion law and its enforcement, and protesting against any a similar decision should be reached and a similar position taken measure looking toward its modification or repeal, which by the other governments of the world, a caveat will be placed was referred to the Committee on the Judiciary. upon such action which we believe will eft"ectively bar the legality hereafter of any title or right sought to be obtained by pressure Mr. COSTIGAN presented memorials of 33 citizens of or treaty ·violation, and which, as bas been shown by history in the Pueblo, Colo., remonstrating against the passage of legisla past, will eventually lead to the restoration to China of rights and tion providing for the closing of barber shops on Sunday in titles of which she may have been deprived. In the past our Government, as one of the leading powers on the the District of Columbia, or other restrictive religious meas Pacific Ocean, has rested its policy upon an abiding faith in the ures, which were referred to the Committee on the District future of the people of China and upon the ultimate success In of Columbia. dealing with them of the principles of fair play, patience, and mutual good wilL We appreciate the immensity of the t,a.sk which He also presented resolutions adopted by the Woman's lies before her statesmen in the development of her country and Society of the First Avenue Presbyterian Church of Denver: its government. The delays 1n her progress, the instability of her the Woman's Club of Fort Collins; the Hesperus P. T. A., attempts to secure a responsible government, were foreseen by of Jiesperus; and the Woman's Christian Temperance Union Messrs. Hay and Hughes and their contemporaries and were the very obstacles which the policy of the open door was designed to of Fort Lewis, all in the State of Colorado., protesting meet. We concur with those statesmen, representing *-11 the against the proposed resubmission of the eighteenth nations, in the Washington conference who decided that China amendment of the C.onstitution to be ratified by State con was entitled to the time necessary to accomplish her development. ventions or legislatures, and favoring the making of ade We are prepared to inake that our policy for the future. Very sincerely yours, · quate appropriations for law enforcement and for educa HENRY L. STIMSON. tion in law observance, which were referred to the Commit- The Hon. WILLIAM E. BOR.>\H, tee on the Judiciary.. · United States Senate. Mr. CAPPER presented petitions numerously signed by PETITIONS AND :MEMORIALS sundry citizens of the District of Columbia, praying for the Mr. JONES presented the petition ot the pupils of the passage of legislation providing for the closing of barber seventh and eighth grades of the public :schools of Nooksack, shops on. Sunday in the District of Columbia, known as the Wash., praying that "Miss Columbia" be nommated as a Copeland Sunday health bill, which were referred to the fitting mate for Uncle Sam and that hereafter the pat Committee on the District of Columbia. ronymic saints of this country be known as Uncle Sammy He also presented petitions numerously signed by citi and Aunt Columbia, which was referred to the Committee zens, being retail grocers, in the State of Kansas, praying on the Judiciary. for the passage of legislation providing for restrictions in Mr. KEAN presented a memorial of sundry citizens of radio broadcasting to prevent its use for .the direct sale of Wildwood, N.J., remonstrating against the proposed modifi commodities, which were referred to the Committee on In cation, resubmission to the States, or repeal of the prohibi- terstate Commerce. 4586 _CONGRESSIONAL RECORD-SENATE FEBRUARY 24
He also .prese~ted peti~ions of sundry citizens of B.aldwin r :ork, _favoring the passage of legislation requesting the Pres and JunctiOn City, both m the State of Kansas, praYing for Ident to proclaim October 11 in each year as General -the maintenance of the prohibition law and its enforce- Pulaski's memorial day, which were referred to the Com ment, which were referred to the Committee on the Judi- mittee on the Judiciary. · ciary. He also presented a resolution adopted by the Buffalo He also presented resolutions adopted by the regular serv-
To the United States Senate: Clark University, Worcester: S. J. Brandenburg, head department The events ln Manchuria, a.nd stlli more at Shanghai, have of economics and sociology; Philip H. Churchman, department of shown that protests by other governments and the public oplnton romance languages; Dwight E. Lee, department of history a.nd of the world will not alone restrain the use of armed force to international relations; J. A. Maxwell, department of economics; attain national ends. Carey E. Melville, department of mathematics; P. W. Shankweiler, China has asked for an extraordinary session of the Assembly of department of sociology. the League of Nations to consider the acts of Japanese troops upon Harvard University, Cambridge: James-P. Baxter, 3d. department her soil. If it shall be found that Japan has resorted to war with of history; Paul H. Buck, department of history; J. Harold DeNike; out submitting the dispute to arbitration, judicial settlement, or W1lliam Y. Elliott, department of government; H. L. Elsbree; to the council-none of which has been done--it w1ll be th~ cov Rupert Emerson, department of government; Merle Fainsod; Sid enanted duty of all the JDembers of the league to prohibit trade ney B. Fay, department of history; C. E. Haines; C. H. Haring, and financial relations of their countries with the covenant department of llistory; E. Pendleton Herring; Bruce C. Hopper, br~aking state, and to prevent all intercourse with that state by department of government; W. P. Maddox; Dale Pontins: Charles the people of any other state, whether a member of the league W. Putnam; Emmet S. Redford; Eugene H. Reed; A. M. Schlesinger, or not. department of history; F. w. Taussig, department of economics; Obviously this can not in fact be done in the case of Japan P. S. Wild, department of government; R. F. Wright, jr. without th.e concurrence of the United States; nor will any steps Massachusetts Agricultural College, Amherst: A. Anderson Mac be taken toward it without assurance that, if taken, this country Kinnle, department pf social sciences. wlll concur. The United States is not a member of the league, but Mount Holyoke, South Hadley: Ellen D. Ellis, department of it is a party to the Kellogg-Briand pact of Paris, and there can be history and political science; Bertha H. Putnam. department of no doubt that Japan, contrary to that pact, has sought to settle history and political .science. a dispute by other than pacific means. What w1ll our Government Simmons College, Boston: G. Nye Steiger, department of history do? Will it refuse to sever commercial relations and thereby pre and government. vent almost all the rest of the world from bringing to bear eco Smith College, Northampton: Willlam D. Gray, department of nomic pressure which w1ll certainly stop the present bloodshed; history; S. Ralph Harlow, department of religion and biblical lit or wlll it act in harmony with other nations to stop it.? erature; Alice M. Holden, department of government. We, the undersigned, appeal to the President and Congress to Tufts College, Medford: Ruhl Jacob Bartlett, department o! signify to the league that we will concur in economic measures it history; Raymond -Phelan, department of economics. . may take to restore peace. Wellesley College, Wellesley: Edward E. Curtis, department of A. LAWRENCE LOWELL, history; Louise Overacker, department of history. President Harvard Univers'ity. Wheaton College, Norton; EI.st_e E. Gulley, department of history WILLIS J . .AmiOT, and political science; Clit!ord C. Hubbard, department of history Editorial Board, Christian Science Monitor. and political science. NEWTON D. BAKER, Williams College, W1lllamstown: Donald C . .Blaisdell, department C1£veland, Ohio. of political science; Charles Fairman, department of political sci LIVINGSTON FARRAND, ence; Charles Roy Keller, department of political science. , President Cornell University. MICHIGAN EnwARD A. FlLENE, Michigan State Teachers College (Central), Mount Pleasant: Boston, Mass. Van Lieu Minor, department {)f history and social science. GUY STANTON FORD, Acting Presfdent Univers'ity of Minnesota. NEW HAMPSHIRE HARRY A. GARFIELD, Dartmouth, College, Hanover: Frank Maloy Anderson, depart Pnsident Williams College. ment of bistory; Harold· R, Bruce, department of political science; ERNEST MARTIN HOPKINS, John G. Gazley, department of history: President Dartmouth College. University of New Hampshire, Durham: William Yale, depart..: CHESTER ROWELL, ment of history; David H. Chapman; Philip G. Neserius, depart Fresno, Calif. ment of political science. ALEXANDER G. RUTHVEN, NEW JERSEY Prestdent University of J!ichigan. Rutgers University, New Brll.nsWick; Irving S. Kull, department KENNETH M. SILLS, of social sciences. President Bowdoin CoUege. NEW YORK LisT OF UNIVERSITY PROFESSORS WHO HAVE SIGNED PETITION lNITI Allred University. Alfred: R. J. Bennett, department 'of history ATED BY PRESIDENT LOWELL and political science; J. Nelson Norwood, department of history: and political science. CONNECTICUT Colgate University, Hamilton: Freeman B. Allen, department of Connecticut College, New London: Robert C. Foster, department social sciences. of history and political science; Henry W. Lawrence, department College of the City of New York: J. Salwyn Schapiro, department of history and political science; Hannah G. Roach, department of of hlstory. history and political science. Columbia University: Larrabee Albertson; Nelson Beeman; Ced Trinity College, Hartford: Ramsen B. Ogilby, president. ric Callander; R. C. Carroll; John M. Case; Shepard B. Clough, de Wesleyan University, Middletown: S. H. Brockunier, department partment of contemporary civilization and department of history; of history and government; Kossuth M. Willlamson, department Frank H. Cousins; Cullen A. Cregan; Frederick E. Croxton; William of economics and social science. E. Kun.kman, department of banking; Carleton J. H. Hayes, de Yale University. New Haven: Wallace Notestein, department ot partment of history; Samuel G. Inman, department of government history. and public law; Carliss Lamont, department of contemporarY' DELAWARE c1v1llzat1on; Harlan B. Livengood; Harold P. Martin; George w.. McCall, jr.; George Sinclair Mitchell; John J. Naughton; Michael J. University o! Delaware, Newark: James A. Barkley, depa~ent of history and political science. O'Brien; John C. Odink, jr.; John O'Keefe; Cyrus H. Peake, de partment of political science; Nathaniel Peffer, department of WASHINGTON, D. C. government and publlc law; James H. Potter; J. Russell Smith, American University: W. M. Gewehr, department of history. d.epartment of geography; Vincent H. Strohsahl; Roy E. Stryker, Howard University: Walter Dyson, department of history; Charles department of contemporary civilization; Thomas Walsh; Howard H. Wesley, department of history. L. Williams; James R. Williams. George Washington University: William C. Johnstone, jr., school Elmira College, Elmira: Edith A. Farnham, department of of government. history. KANSAS Hamilton College, Clinton: Milledge Lou1s Bonham, department of history. University of Kansas, Lawrence: Frank Strong, department of Hobart College, Geneva: Leonard A. Lawson, department of his- mw. . tory. - ILLINOIS New York University: Alexander Baltzly, department of history; lllinols Wesleyan University, Bloomington: C. L. Hoag, depart Ray F. Harvey; Huntington Hill, department of history; Charles ment of history and political science. Hodges, department of history; John Musser, department of his tory; William Warner Moss, jr., department of government; Wal MARYLAND lace S. Sayre; Hurschel V. Thornton. Goucher College, Baltimore: Jean I. Brookes, department of his Russell Sage College, Troy; R. Stanley Thomson, department of tory; Naomi Riches, department of hlstory. history. Johns Hopkins University, Baltimore: Kent R. Greenfield, de St. Lawrence University, Canten: Richard L. Power, department partment of history. of history; Henry Reur, department of government. St. John's College, Annapolis: R. Avelmenuien; Ford K. Brown; Skidmore College, Saratoga Springs: Kathryn H. Starbuck, de Julian S. Duncan; Paul E. Gray; Louis C. Hunter, department of partment of social and political sciences. social sciences and philosophy; M. McClaren; G. C. Nedova; v. J. Syracuse University, Syracuse: Ernest S. Gri.fiith, department of Wyckoff. political science. University of Maryland, College Park: Eugene B. Daniels, depart Union College, Schenectady: Gordon Dewey, department of po ment of economics and sociology. lltical science. University o! Rochester, Rochester: Donald W. Gilbert, depart MASSACHUSETTS ment of economics. Amherst College, Amherst: Phillips Bradley, department of Vassar College, Poughkeepsle: James F. Baldwin, department of political science; E. DWight Salmon, department of history. history; Eloise Ellery, department of history. 4588 CONGRESSIONAL RECORD-SENATE FEBRUARY 24
OH!O Aside from idealistic reasons, it is hoped that America will act Baldwin-WallaGe College, Berea: Albert B. Storms, department for self-defense purposes. More th.an a billion dollars of Ameri of history and government. can money are now invested in China. If Japan should control University of Cincii:mati, Cincinnati: H. :M:. Vtnacke, department China, a severe blow will be dealt to American trade in the Orient. of political science. · · · · Moreover, with China subdued, Japan will soon extend her greedy Ohio State University, Columbus: W. H. Siebert, department of hands to the Philippines an~ the Hawaiian Islands. history; Henry R. Spencer, department of political science. Note writing ineffective: Since the beginning of the Sino Japanese conflict Secretary of State Stimson has spared no pains PENNSYLVANIA in protesting to Tokyo. The Chinese people are highly apprecia Albright College, Reading: L. E. Smith, department of history tive of hib efforts, but these American protests have fallen on deaf and social science. ears. Japanese militarism can not be stopped by diplomatic pro Bryn Mawr College, Bryn Mawr: William Roy Smith, department tests. The day of note writing has passed. More drastic measures of history. . . · are necessary to save the situation. Lafayette College, Easton: E. P. Chase, department of govern No fear of a world war: We do not want to involve this country ment; William W. Eddy, department of history. or any other powers in a world war against Japan. We have Muhlenberg College, Allentown: J. E. Swain, department of decided to fight our battles ourselves. We only request that you history. will use your tremendous military, naval, and economic power to University of Pittsburgh: Elmer D. Graper, department of po- remove the following handicaps under which we are operating: litical science. · 1 1. Maintain the strict neutrality of the International Settlement. Swarthmore College, Swarthmore: Troyer S. Anderson, depart Allow neither Chinese nor Japanese to march through it or use it ment of history; Herbert F. Fraser, department of economics. as a base from which to launch an attack. Temple University, Philadelphia: Thomas D. McCormick, de 2. Place an embargo upon the export of arms and ammunition partment of history and social sciences. to Japan. Your arms are being used to kill thousands of our civilians, women and children. · RHODE ISLAND 3. Place an embargo on the sale of cotton to Japan. From your Brown University, Providence: Bruce M. Bigelow, acting director cotton the Japanese make explosives that have demolished our of admissions; Theodore Collier, department of history; Leland M. peaceful cities and slaughtered thousands of noncombatants with- Goodrich, department of social and political science; Chester out warning. . · Kirby, department of history. 4. Do not contribute to the Japanese war chest by purchasing Japanese silk and other Ja}:)anese goods. VERMONT This is all the help we ask. You can give it to us without the Middlebury College, Middlebury: E. B. ~~rnwall, department of slightest loss to the United States, because the moment the em political science. · bargo is declared Japan would have to yield to the peace proposals University of Vermont, Burlington: D. B. Carroll, department of of the western powers which she now stubbornly rejects. Neither political science; Mervin H. Laatsch. would she contemplate war against the United States, for she can VIRGINIA not afford to lose her profitable foreign trade with this country. Won't you write to your President, Secretary of State, or Member Sweet Briar College, Sweet Briar: Jessie Melville Fraser, depart of Congress asking them to take immediate action like the above ment of history; Perry Laukhuff. to save an old civilization from being destroyed and 400,000,000 of William and Mary College, Williamsburg: Theodore S. Cox, de your friends from being ruthlessly slaughtered? partment of Jurisprudence. THE CHINESE STUDENTS LEAGUE OF GREATER NEW YORK, WISCONSIN 500 Riverside Drive, New York City. Milwaukee-Downer College, Milwaukee: Aleida J. Pieters, de REMONETIZATION OF SILVER partment of government. Mr. WHEELER. Mr. President, I ask unanimous consent Mr. GORE. Mr. President, in connection with the re to have printed in the RECORD a letter from Gov. George W. p. marks just submitted by the Senator from Massachusetts Hunt, of Arizona, a letter from the Pekin REPORTS OF CO~TTEES Watson and William La Velie Watson CRept. No. 300); Mr. HALE, from the Committee on Naval Affairs, to which S. 505. An act for the relief of Walter S. Rodgers NOTICE OF CO~TION OF AMBASSADOR TO JAPAN A bill '-The-viCE PRESIDENT. In the abse~ce of objection, the debilitated unless it fairly stands for tariffs un the products . votes whereby the bill was ordered to be en&;ossed for a of the mines, the farm, the field, and the ranch as well as third reading, read the third time, and passed will be on the products of the factory. reconsidered. The bill is now before the Senate. - Mr. President, on the 16th of last June, before the Globe Mr. JONES. I offer the amendment which I have read. (Ariz.) Chamber of Commerce, my colleague, Senator HAY The VICE PRESIDENT. The Senator from Washington DEN, delivered an address showing the necessity for a tariff proposes an amendment to the bill, which will be stated.- _ on copper and pointing out the absurdity and the injustice The CHIEF CLERK. After the word "States" in line 16, of free trade in copper. I need not do more than to say that pag-e 6, l.t is proposed to strike out the period and insert a when the superb intell~ct of my colleague gives attention to comma and the following: a subject what he says is well worth the perusal of every Until the President of the United States, after a full investiga attentive and discerning person in the United States, and I tion of the local needs and conditions, shall by proclamation de ask unanimous consent at this point to have printed in the clare that an adequate shipping service has been ·established to REcoRD the pertinent features of that able address which my such islands and fix a date for gotng into effect of the same. colleague delivered showing the necessity for a tariff o~ The VICE PRE~>IDENT. The question is on the amend copper. ment proposed by the Senator from Washington. There being no objection, the address by Senator HAYDEN The amendment was ·agreed to. was referred to the Committee on Finance and ordered to The bill was ordered to be engrossed for a third reading, be printed in the REcoRD, as follows: . read the third time, and passed. AN ADDRESS ON THE NECESSITY FOR A TARIFF ON COPPER BY SENATOR . TARIFF ON COPPER CARL HAYDEN, BEFORE THE GLOBE CHAMBER OF COMMERCE, GLOBE, ARIZ., 'l'UESDAY, JUNE 16, 1931 Mr·. ASHURST. Mr. President, -I ask unanimous consent It would be a waste of effort to present arguments here to to recur to the order of morning business relating to the show why a tariff on copper is now needed. Every well-informed ' - presentation of petitions and memorials. I wish to speak person in Arizona knows that all of our mines which produce the for a few moments. red metal are either shut down or operating at greatly reduced capacity, that miners are out of work, that the fiow of money The VICE PRESIDENT. Without objection, the Senator which was distributed from the mining camps throughout the from Arizona is recognized. State has about ceased. Mr. ASHURST. Mr. President, unemployment and con There is no need to tell the story of our distress to men and tinued business depression-the most distressing calam women who are already feeling its effects. The place to make such a plea is before those who have power to remedy our plight, ities that could happen to a State-have come to Arizona. the United States Tariff Commission, which can otncially find the The financial structure of the State of Arizona is built upon facts, and before the Congress, which can act after the facts are and around the copper industry. This one industry, directly thus formally established. It is, therefore, my purpose to con fine these r.emarks to a plain statement of what has thus far been and indirectly, pays over 50 per cent of the taxes raised in accomplished, what is now being done, and what remains to be the State and supports about one-third of the population. achieved if copper is to be given equal treatment with other The collapse of copper mining in Arizona literally means metals and manufactures under the national customs laws. bankruptcy for that State. Copper is mined in 19 of the The first question that naturally arises 1s why copper, as a raw material, does not now enjoy at least some protection from foreign States of the Union. Arizona is the largest producer, with competition. The answer is that for more than a generation no about one-half of the total output. one with authority to speak for the tndustry has asked for a Thousands of American copper miners and smelter men tariff while tariff bills have been under consideration by Congress. I have taken part in three general revisions of the tariff. I in Arizona are now and for many months past have been was a Representative in Congress when the Underwood-Simmons without employment. Although these men and their fami-· Act of 1913 was passed in the Wilson administration and the lies have met this unemployment crisis with brave hearts, it Fordney-McCumber Act was passed in- the Harding administra tion. As a Senator I was present during more than a year that is sadly true that misery and despair all too soon descend the Hawley-Smoot bill was under discussion before President upon persons who are long unemployed, and this di~tress Hoover gave that measure his approval. in the copper-producing industry is the result of free trade At no time when any of these bills were being formulated did any witness appear in person before the Committee on Ways and on copper. Means of the House or the -Finance Committee of the Senate and For more than a generation opponents of the Democratic ask for a tariff on copper. These are th.e committees which Party have attempted to staple _to that party the epithet actually make tariff bills, yet no one even too):!: the trouble to mall in a brief to be included in the record suggesting that Congress "free trade." The Democratic Party never was for free grant protection to copper mined in the United Stat es. trade. It was James Madison-a great Democrat, who as There were two controlling reasons for_this entire lack of inter sisted ·in writing the F~deral Constitution, who w~ eight est. The price of copper from 1912 to 1929 was fair and fol' a years Secretary of State under President Thomas Jefferson, part of the time exceedingly high. Consequently there was no general Incentive to seek a better price. So far as the Underwood and who was afterwards for eight years President of the law is concerned, if a tariff had been granted, it would have had United States-who piloted through the First Congress of no effect because the World War dominated all markets and the the United States the first bill ever passed, and it was a normal courses of trade were set aside. Raw wool was on the free tariff bill. The preamble of that tariff bill, guided, I said list, yet war prices prevailed. . as The second reason was that during all the 16 years following before, through. the Congress by the genius of James Madi 1913 the United States was producing more copper than could be son, recited substanti~y tJ:le following: consumed in our own country. It is axiomatic that an import Whereas it is necessary for the support of government, for the. duty can not affect the internal market value of any commodity discharge of the debts of the United States, and the encourage the surplus of which must be exported. In all such cases the amount received abroad fixes the price at home. Perfect proof of ment and protection, etc., that duties be laid on goods, wares, and this is found in the drop in the price of wheat, of which the merchandise imported. " United States produces a surplus, from $1.25 to 60 cents a bushel, Democrats should assert themselves and vehemently to notwithstanding that there exists an import duty of 42 cents a bushel. Such tarUis are political, not practical. point out these facts. The lack of a tariff on copper is one The tari.ti is a tax. Congress does not impose tax burdens unless of the results of free trade against which I inveigh upon reasons are advanced for doing so. It is indeed a rare industry every proper opportunity. Our copper. mines are shut, that bas ever been given the advantage of tariff protection without owing partly to the unprecedented rise in foreign production. asking for it. Personally I know of no such instance. The only way that an import duty beneficial to any commodity Our American copper miners and smelter men can not, and can be secured is for those interested to make and present a case should not be required to try to, compete with the cheap that justifies their request. The industries that have benefited insensate copper production of foreign countries such as most by the protective-tariff system have not allowed modesty to interfere with their demands. Silence is unknown to them when Africa and South America. · tariff legislation is pending in Congress. The Republican Party is now in some distres..s,· occasioned The tariff is a tax. But import duties have been levied by partly because it has advocated tariffs to protect the prod Congress under each and every kind of political administration ucts of the factory, but it has refused in most instances to from the_ very beginning of the American Government. ThiS source of revenue will, no doubt, continue to be utilized until advocate tariffs to protect the products of the mines, the long after we who live to-day have passed away. There never farm, the field, and the ranch. That party will'be further was a tariff bill enacted by Congress which did not have some 1932 CONGRESSIONAL RECORD-SENATE 4593 measure of protection ln it, either intentional or incidental. copper. I shall do everything possible to insist that the duty on Therefore, it 1s vain to oppose all tariffs unless one 1s willing to this one product be discussed and acted upon without regard to say that no such kind of a tax can be justified. politics; that merit alone shall determine the measure of relief The American people do not want to be robbed, but the great wh!.ch shall be granted. . mass of them have no objection to paying a fair price for what The next complete revision of the tartff will be generally down they buy. Eight cents is an unfair price for copper. It can not ward, but that does not mean that some rates will not be raised. be produced at that figure and allow those who mine it to live The demand w111 be for an equalization of benefits, not the aboli under the same standards of comfort and decency as other Amer- tion of all duties. Senators and Congressmen are USU!\liY fair leans. If, by levying an import duty, the price can be raised to a minded and want to do what is right. If the case for copper 18 fair level so that the industry may prosper, the consuming public properly prepared, if the truth is made obvious, I have every con in the United States will not protest against such a tax. fidence that Congress will do justice to Arizona's greatest industry We should approach the consideration of a ~artii on copper and grant an equitable import duty-! hope, by a special act, but neither as rabid protectionists or rank free traders. Protection in any event as a part of some more general blll. gone mad, as in the case of the Hawley-Smoot Act, injures the I believe that those who mine copper in Arizona and elsewhere industries of the country as a whole and when all are suffering within the Union have an equitable claim for a tariff. If there that part represented by the production of copper must of neces- is to be a tari:ff for one, there should be a tari:ff for all. The sity also su:ffer. The present tariff wall has been built so hi~h present injustice and discrimination-which, whether foreseen or that goods which Americans produce for export can not be pa1d j not, undoubtedly exists-must be removed and copper placed for in other goods from nations who would otherwise be our best upon a parity with other metals and commodities that now enjoy customers. The balance of trade has been so disturbed that the protection. The cause is so just that I have faith it will succeed. scales can not be righted and our home market is glutted with As a S:mator from a State so vitally affected it is my duty, and goods that would normally have gone abroad. as heretofore I shall take pride in performing that duty, to see Absolute free trade, upon -the other hand, is neither to be that everything possible is done so that the present tari:ff law expected nor desired. The American market, whicq is the greatest may be changed and relief granted to our copper-mining industry. in the world, should not be made the dumping ground for com- . . modities produced in all parts of the earth, without regard to Mr. ASHURST. Mr. President, last May, whilst I was ac- decent living conditions, by labor greatly underpaid. and some- companying the subcommittee of the Senate Committee on times working on terms that approach so near to slavery as to be Indian Affairs on their visit to the various Indian reserva- indistinguishable from it. t· · Ar' d I · h t th nk th t b Let me also repeat that there always has been and probably lOllS ill 1zona-an WlS now 0 a a su com- always will be revenue collected at the customhouses on imported mittee for the able work they did during their visit to goods. Revenue can not be raised from any imported article, of Arizona-I,· when in the field, received a telegram inviting which enough is not produced in the_ United States to supp.ly the me to attend a conference called by Governor Hunt of domestic demands, without automatically granting protect10n to . . . , ' those who produce it here. Fa7ors of this kind should be ex- Arizona, to discuss a copper tariff. The governors telegram tended equally. If there is to be a duty on clothes, there should to me was as follows: also be a duty on the wool of which the cloth is made. The pur pose of all that I have said is to prove that nothing is to be I cordially invite you to attend and to participate in the copper accomplished by going to extremes either towar<\ protection or tariff conference called by me at the house chambers, Capitol free trade. Building, Phoenix, Monday, May 11, at 2 p. m. The sane and common-sense way to remedy the crisis which As I said before, I was in the field when I received this now confronts the American copper-mining Industry is to agree, first, that all imports of copper are just as legitimate a source of telegram, and no stenographer and no typewriter were, for revenue as any other commodity which a ship can bring to our the moment, available. I preserved, however,.. as is my habit, shores; and, second, that if any other product of labor in the the notes which I then made of a message I sent in reply United States is to be given the advantage of protection from foreign competition, then copper is entitled to the same measure to the governor's invitation. of ·benefit. This rule is and should be applicable regardless of In order that the clerk may be spared the task of attempt what theory the makers of a tari:ff bill may have in mind as a ing to decipher my somewhat illegible handwriting, I shall justification for its enactment. myself now read from my original notes my reply to the I am no recent convert to this doctrine. In the National Capitol I have successfully argued that it should apply to long governor's telegram: staple cotton and dates produced in southern Arizona; to the Hon. GEORGE W. P. HuNT, raw wool, the cattle, and the hides of our stockmen; to activated Governor of Arizona: clay in the northern part of our State. The same reasoning was Your telegram received. Please accept my congratulations upon advanced, but not with the same success, in the support of im your vigor and vision in calling the copper tariff conference. It port duties on the crude asbestos of Gila County, the sodium is the birthright of every American citizen to have an opportunity sulphate of the Verde Valley, on manganese and strontium ores, to earn a livelihood and it is the duty of governments, national and other produets of our State, where discrimination was evi and State, to take measures that will offer and afford to citizens dent. No one, therefore, can charge me with inconsistency in now a fair and reasonable opportunity to earn such livelihood. Our saying that the copper which comes from the mines and smelters copper-producing industry must not be allowed to languish, for of Arizona must be considered on a parity with every other prod when this prime industry suffers a serious decline in the price of uct of American industry. its output not only the producers but. also all other citizens of I did not urge that a copper tari:ff be adopted while the Hawley the State are distressed either directly or indirectly. Smoot Act was in the making, because it would have been futile With assurances of my continued a.dvocacy of a proper tariff on to do so. Eighteen-cent copper could not be used as an argument copper. that the industry was depressed and suffering from foreign com Sincerely yours, petition. The price of copper did not drop below 18 cents a pound HIDlRY F. AsHURST. until after the tariff bill had passed both the House and Senate and was no longer subject to amendment. In conclusion I wish to say that we shall at the proper It is now generally recognized that pegging the price of copper. opportunity offer to such bills as will be found to be eligible, at 18 cents was an economic mistake which bad at least three amendments providing for a tariff on copper. Permit me distinct disadvantages: First, overproduction in the United States further to say that my colleague [Mr. HAYDEN], the junior was encouraged until a surplus of copper was accumulated wh.ich the country could not consume. Next, the development of new Senator from Michigan [Mr. VANDENBERG], and the· junior mines in Africa and elsewhere, which the world does not need, was Senator from Montana [Mr. WHEELER] introdu-ced a reso speeded up. Lastly, that price effectively stood in the way of any lution which was adopted by the Senate calling upon the organized effort to obtain a tarl:ff while the Hawley-Smoot bill was under consideration by Congress. The opportunity to secure Federal Tariff Commission to set forth the facts respecting an import duty in that legislative measure was thus lost. copper. The Tariff Commission, in obedience to that reso It goes without saying that Senator ASHURST, Congressman lution, submitted its report, which was highly technical in DouGLAS, and I will welcome the active aid and assistance of any character, but demonstrating to any man who will think delegation that may come to Washington next winter authorized to appear before the committees in behalf of a tariff on copper. into things instead of around things, that the copper in Without that kind of help we will be greatly handicapped. Such dustry will languish-indeed, will perish-unless there shall is not only the usual but the proper way to present a request for be imposed a tarHf on copper. a revision of the tariff. We shall see that those from Arizona who [Mr. desire to appear as witnesses have an opportunity to be heard if The able Representative in Congress from Arizona any hearings at all are granted. DouGLAS] has introduced in the House of Representatives I believe that the best way to proceed is to seek the enactment (in which particular body of Congress under the Constitu of a special act which will fix an import duty on copper. I have tion such legislation must originate> the appropriate reso always said that every tari:ff schedule should be considered on its own merits, irrespective of every other rate which may be pro lution asking for a tariff duty on copper. posed. Logrolling is abhorrent. The practice of trading votes is Mr. PITI'MAN. Mr. President, I want to confirm what of long standing, but now there is a greater sentiment than ever the Senator from Arizona [Mr. AsHURsT] has said. I should in Congress against it. I shall urge the passage of a separate bill or joint resolution like to state further that a tariff on copper at the time the based upon the fl.ncllngs of th1:! Tari:ff Commission witli respect to last tariff bill was prepared was opposed by what I may 4594 CONGRESSIONAL RECORD--SENATE FEBRUARY 24 say are the dominating copper interests of the United The President did nothing to reduce expenses. Earnest efforts were made, urgent advice given to the President to call Congress States. Conditions, however, have changed materially since into session so that it might take action. He refused to do so. that time. Enormous copper deposits have been opened up Misleading and erroneous estimates of the deficit faced by the tn Africa. They are not only what we term " porphyry de Government were issued by the Secretary of the Treasury. In posits," which are the cheapest in the world to operate, but spite of the deficit that faced the Government. that now amounts to over a bllllon and a half dollars, in defiance of the urgent plead the gi'ade of ore is ve1·y high, and labor there is exceed ing .of business men. economists, bankers, and politic1ans. the ingly cheap. This copper is partially owned by a govern President refused to call Congress into session or to take any ac ment, and that government owns railroads. It is operating tion to reduce expenditures so as to bring the expenses in line those mines beyond the normal demand for the market at with the income. Congress met, as provided by the Constitution, 1n December, home and is dumping their copper into the United States 1931. The Democratic majority in the House of Representatives under the ordinary theory under which dumping takes and the Democrats in the Senate fulfilled the forecast made by place-mass production and taking care of its railroads. the leaders of the Democratic Party after the election of 1930 that they would give prompt support to every measure proposed It has been discovered now that, in the face of that particu that was for the good of the country and would not let any lar character of competition, it is impossible for our copper partisan purpose control their action. They united in the ap mines to operate. proval of the moratorium that President Hoover had declared in June without authority and without calling Congress to We have had duties on two metals, lead and zinc, by gether. They passed the act creating the Reconstruction Finance reason of conditions that justified them. This condition Board, modeled as lt was after the war Finance Board organized with reference to copper is of recent development, however. under a Democratic President by a Democratic Congress, which President Hoover and his advocates adopted as a method of re I am assured that the leaders in the House of Representa lieving the desperate distress of the country. They gave conclu tives-that body having the right to initiate revenue meas sive proof of the fact that had the President called Congress u.res---are giving the matter very careful study, and, in my together last April, as he should have done, there would have been opinion, they will act. prompt action taken to relieve the depression. The Democrats put country above party and supported every proper reeommenda· Mr. ASHURST. I thank the Senator. tion made by the President 1n spite of the fact that Mr. Hoover Mr. BINGHAM. Mr. President, may I ask the Senator has shown petty and persistent partisanship, even vetoing the from Arizona a question? Wagner law because it was sponsored by a Democrat. Mr. ASHURST. Certainly. The Democratic majority of the House made plans to have a survey made of the. operations of the Government and report a Mr. BINGHAM. May I say that I welcome him into the plan for reorganiZation that would lead to greater econQmy and ranks of those who desire to protect the industries of their greater emciency. . States? May I ask him also whether he will be willing, in Now. President Hoover, who during the two years when his party had absolute control of the Government took no step to case he .secures that which he is attempting to get-namely, have the Government reorganized and expenses decreased, sends an adequate tariff on raw copper-to grant those who use a message to Congress proposing and urging a. reorganization of it in the manufactute of articles into which copper enters the Government. It is evidently a hastlly prepared, 111-considered plan, lacking a compensatory tariff? 1n definite recommendation or in any evidence of consideration Mr. ASHURST. Mr. President, I thought that my 20 for the benefit of the pUblic. Judging from the accounts pub years of service here had demonstrated that I was a fair Ushed in the newspapers, the plan proposed by the President 1s man, without having to be asked such a question. not only ill-considered and ill-advised but contains the pos stbillty of sinister purpose. Mr. BINGHAM. The Senator has always been fair. After three yea.r8, during two of which he had complete control Mr. ASHURST. I could never ask a privilege or a right of Congress, the President's message now can be a<.eeptetJ only and in the same breath deny to others that same right. as an effort to prevent the reorganization of the Government for the benefit of the people as a. result of the plans of the Demo Certainly I should be happy to do so. crats who are in control of Congress. Mr. BINGHAM. I am delighted. I thank the Senator. The President truly says: Mr. ASHURST. Does the Senator desire to ask me an " The need for reorganization is obvious.'' other question? It was just as obvious during the campaign of 1928. It is no more obvious now than it has been every day since President REORGANIZATION OF GOVERNMENT Hoover took the oath of om.ce. But he did nothing to brin.g it about while h1s party was in control. Mr. LOGAN. Mr. President, 1 ask unanimous consent to President Hoover says further: have printed in the RECORD an editorial appearing in the " In the present crisis the absolute necessity for the most Lexington President to take political advantage of the present dire circum the condition, until some day he st~ps on the scales and the stances to have a reorganization of the Government that would doctor suddenly brings his degeneration into sh~.rp relief. 1nme to the benefit of the Republican Party without benefit to Those 47,000 jobs! Aren't they rather intangible? · the country. Not at all. Take the item of 1,500,000 cords of wood. The trees We have the same faith in the statements made by the Prest~ must be severed .at the stump, barked, ~t to length, and otherwise dent in this message as we have in his statement made August processed before.they are acceptable as pulpwood at the mm. It 11, 1928, when in recommending himself for the Presidency he takes a lot of labor to dress up 1,500,000 cords of wood during the said: year; enough labor, in fact, to ~ keep 5,000 men busy for the 12 " Unemployment, in the sense of distress, is widely disappearing. months doing nothing else. The 5,000 men who are now cutting We in America to-day are nearer to the final triumph over poverty this item of wood are not Americans receiving American dollars than ever before in the history of any land. The poorhouse is in pay and recirculating those dollars in American channels of vanishing from among us. We have not yet reached the goal, but trade. given a chance to go forward with the policies of the last eight Take the item of 1,800,000 tons of wood pulp. It requires 3,300,- years, and we shall soon, with the help of God, be in sight of the 000 cords -of pulpwood to :fill the order. Once more workmen other day when poverty wm be banished from this Nation." than Americans go out into the timber with axe and saw, and it Any statement by the President now is entitled to the same con~ will take 11,000 men the entire. year to cut enough wood to fill the fidence as the statement by Mr. Hoover on September 17, 1928: pulp order. "When we (the Republican Party) assumed direction of the In this case the wood is not to be exported in the raw. The for Government in 1921 there were five to six million unemployed eign manufacturers have decided in this instance that they might men upon our streets. Wages and salaries were falling and hours just as well get some manufacturing profit out of the deal. They of labor increasing. The Republican administration at once can.. send pulp into the United States market with no handicap of undertook to find relief to this situation. At once a nation-wide tariff, so why not? So, after 11,000 men have· worked all year to employment conference was called. Within a year we restored cut wqod for the foreign pulp mills, another crew of 6,000 men these 5,000,000 workers to employment. But we did more; we get busy and convert that stack of 3,300,000 cords of wood into produced a ftmdamental program which made this restored em 1,800;000 tons of pulp of different grades. ployment secure on foundations of prosperity." Let's see, now. So far we have established jobs for 22,000 men There is just as much reason to have confidence in the verity of jobs that will give them 300 days of employment in the year. any statement made by Mr. Hoover now as there is in his state And the calculations are only half finished. ment made October 25, 1929: Take the item of 2,400,000 tons of paper. This requires more· "The fundamental business of the country, that 1s production wood. It will take something like 2,700,000 cords to fill this order. and distribution of commodities, is on a sound and prosperous This will take more men, some 9,000 of them, and the job will take basis." · a full 12 months to do. As Patrick Henry said, the only lamp to guide one is the. lamp of However, this new crew of 9,000 men will not be enough. The experience, so the standard to measure the accuracy and verity of wood must be converted to pulp. ·So, if the order is to be filled, statements by any man is his past record. A statement by Presi another 8,000 men must be put on the pa,y_roll for the full year. dent Hoover to-day as to the purpose and the effect of his recom This second crew merely performs the intermediary service of con mendations may be judged by the accuracy of his statement made verting the pulpwood into something that can be put over the May 1, 1930, at the annual dinner of the Chamber of Commerce paper machines. They will not have any time to take care of the of the United States, when he said: actual-paper making. That last manufacturing step will require " While the crash only took place six months ago, I am con another 8,000 men. vinced we have now passed the worst and with continued unity of The big order from the United States for all three items, pulp wood, woodpulp, and paper has now been filled. Checking back effort we shall rapidly recover." over all the crews of men necessary, we find that it has t.'l.ken Any statement made by Mr. Hoover, any message sent to Con~ gress by him should be scrutinized and the effect of his recom 47,000 men, working the full year, to perform the necessary direct mendations determined in the light of ·his past record and his labor, 47,000 foreign workmen taking the jobs of 47,000 American present obsession for renomination and reelection. If-he makes a workmen. recommendation that, after examination, is believed to be good To meet this foreign pay roll the paper Industry sanctions the for the country, the Democrats in Congress should support it export of $250,000,000 annually. In distributing this sum to th~ whole-heartedly. If he makes such recommendations as he does in 47,000 foreign workmen the per capita ratio works out to the tune his special message, they should be rejected absolutely. of $5,300. Obviously, in terms of average wages, and particularly lower foreign wage scales, this ratio is too high, much too high. EFFECT OF DMPORTS OF PULP AND PAPER The ratio engenders suspicion as to the correctness of the whole argument. Two explanations are open. First, the number of Mr. JONES. Mr. President, I have before me a copy of workmen employed by the paper industry in foreign lands may be the Pacific Pulp and Paper Industry of the issue of. February, grossly underestimated in this discussion. It is not presumed that 1932, containing an article which is beaded " 47,000 Jobs the figures given, totaling 47,000 jobs, are absolutely correct. They are but averages. It is believed that they are sumciently correct The Paper Industry's Chief Export." I ask unanimous con':" . as indices. Only direct jobs are concerned. · sent that the article may be printed in the RECORD. The second explanation lies in an estimate of the other some There being no objection, the article was ordered to be what indirect services that must be employed. These, too, are printed in the RECORD. as follows: services performed by foreign workmen, all of whom draw their pay out of that quarter billion gold dollar pool that annually FoRTY-SEVEN THOUSAND JoBS-THE PAPER INDUSTRY'S CHIEF ExPORT flows across the United States borders. (The value of an industry to a nation is the ab111ty of that What are these auxiliary services? To begin with, there are industry to provide employment for the citizens of the nation. axes and saws needed in the woods. Some one must· make these When imports are encouraged that deprive workmen the oppor tools and get paid for the work. Inquiry has not been made, but tunity of fabricating domestic resources into needed commodities, it is m-qch doubted if these axes and saws are made from Ameri then the industry permitting such imports is not fulfilling its can steel, originating with American ore. The 25,000 men needed place in national economy.) · to cut the total requirements of pulpwood do not deliver thalli The paper industry of the United States is one of the Nation's wood. Transportation is necessary to get the wood to the mill, chief exporting industries. · It exports annually something like and this requires railroad cars, boats, horses, engines, services of 250,000,000 good, solid dollars worth 100 cents each, and, in addi many kinds, all of which must be paid for. tion, full-time year-around jobs for 47,000 American citizens will The 14,000 men making pulp in the mills can not do the job ing and anxious to work. with their bare hands. They must have electric power, motors, pulpstones, buildings, digesters, control instruments, screens, Our world's largest gold reserve reposing in the bank vaults of chemicals, steam, wires, 1elts, and a host of items. Somebody has the Nation tells us that we can more or less snap our fingers at to manufacture or produce these requirements, and they must be an annual export of a quarter of a billion dollars, but 47,000 full paid for. Some portion of these necessaries may originate in the time jobs! There's an item, particularly in these times when United States, requiring the employment of American workmen, countless agencies are scratching their heads for ways and means but it is quite safe to say that ·the proportion is small. In any of reestablishing the severed connections between men and p.ay event, were the United States to produce the pulpwood, pulp, and rolls. paper now imported, that benefit would still accrue to American Let us inquire into this. It may be that the prestige which the workmen. industry holds as an exporter is only a shell without the oyster. The 8,000 men making paper in foreign mills to ship into the In terms of round averages prevailing in the two years imme United St.ates market must also have some tools to work with. diately preceding the great headache, the paper industry of the They must have paper machines, steam, electric power, motors, United States shopped around in foreign markets and bought pumps, instruments, pipe, wire, glue, office desks, time clocks, and 1,500,000 cords of pulpwood, 1,800,000 tons of wood pulp, and many other things, all of which some one has to manufacture or 2,400,000 tons of paper. The figures are in terms of annual pur~ produce and get paid for. chases. For these commodities the United States sent over its Then there's the item .of transportation. Whether pulpwood, boundaries $15,000,000 for the wood item, $85,000,000 for the pulp pulp, or finished paper, all commodities have to be moved from item, and $150,000,000 for the paper item. In all, that's camp or mill to mill or consumer on the other end. Did you ever $250,000,000. stop to figure the number of railroad cars, vessels, barges, and There is nothing new about these figures. They have been trucks that are required to move 1,500,000 cords of wood, 1,800,000 growing upon us for 20 years, but ·the growth has been reasonabiy tons of pulp, and 2,400,000 tons of paper? Did you ever stop to ~teady. The condition. has come upon us as fat comes upon. a fi~ure · how many men this transportation job would employ as man. He realizes he is getting ·a little heavy, but he disregards railroad engineers,· switchmen, .freight agents, car repairmen, sec- 4596 CONGRESSIONAL RECOR.D-SEN.A.TE FEBRUARY 24 tion hands, telegraph operators, tugboat captains, deckhands, "In this agreement paper, pulp, and pulpwood were placed on stevedores, marine engineers, and cooks? the free list, except when they came from countries that had These auxiliary services of transportation and of supplying placed an export duty on them. At that time pulp came into equipment and materials to the camps and mills provide jobs by the United States free of duty or with countervailing duties, the thousand. They are services that are closely allied to the pulpwood was free, and paper bore moderate duties. The reci primary jobs of cutting the wood, manufacturing the v;rood into procity treaty passed Congress and was signed by the President, pulp, and making the pulp and paper. but it was rejected in the Canadian Parliament. One section Job and capital exports of the United States paper industry of the measure was so framed that even With the refusal of Can ada to accept the treaty as a whole pulp and paper valued at [Annual averages based on 1928-29} not over 2¥.! cents per pound were to come into this country free of duty. Thus our market was opened to all the pulp and paper Pulp producing countries of the world, and especially to Canada by wood required reason of her nearness and abundance of pulpwood. Quan· (cutting Value (ex· Employment necessary " The immediate effect of this legislation was to injure the trade Commodity imported tity denied port of (jobs exported-Cull· in the United States, especially in sections contiguous to Canada, Ameri· capital) year basis) and to encourage paper manufacturing in that dominion. can "The Underwood-Simmons tariff blll of 1913 operated to repea.l. forests) i r . ,) . the section of the reciprocity act of 1911 that related to pulp and paper, but the burdens that the American industry complained Cord1 of were not removed. Free entry was given to printing paper Pulpwood______11,500,000 1, 500,000 $15,000,000 To cut wood, 5,000 worth not more than 2¥2 cents a pound and a tax of 12 cents men. ad valorem was placed on print paper worth more than 2¥2 cents." To cut wood. 11,000 What is the answer? The tide of imports is rising. As Amer Wood pulP------1, 800, 000 3, 300, 000 85, 000, 000 T~e~ufacture into ican newsprint mills have been forced out of competition on news pulp, 6,000 men. they have by necessity shifted to other grades and caused disrup ! tion to run like a wave down through other parts of the industry. Tc cut wood, 9,000 men. Whenever the pulp price goes down the paper price goes down Paper ______%2,400,000 2, 700,000 150,000,000 Topulp, manufacture , men. into with it. No one is helped, not even the final consumer, for what 8 000 advantage is it to this theoretical final consumer 1f his neighbor is To manufacture into out of a job and can buy nothing? paper, 8,000 men. There is another point: Some one is certain to mention that Pulpwood equivnlent im------7, 500,000 ______. ____ _ there is much American capital invested 1n the paper industries of ported. other lands. True. In fact, too true. But do these foreign In vestments employ American workmen, contribute in taxes to the . United States Government, purchase American mach.lnery and ~~~~~~~~i}ob!iex:-ported (300 days or work ===-======.:~~~~~, 47,000 men. supplies manufactured or produced by American workmen, utilize per year). domestic forests? They do not. Their chief contribution is toward unemployment in the United States. They are to a large degree 1 Cords. t Tons. responsible for the export of 47,000 primary jobs that might be held by American workmen. NoTE.-The jobs cited in this table are only those pr~viding dir!lCt or primary e!O ployment in cutting pulpwood, w~:king th~ pulp mill, or working ~e paper m~ll. No cognizance is taken here of auxi11ary sernces such as transportation and equip STATEMENTS BY ADMINISTRATION ABOUT DEPRESSION ment building, nor of the n:ore indirect employment involved in providing the neces- Mr. DILL. Mr. President, I ask leave to have printed in the sities and J uxuries of life for this army of workmen. _ REcoRD an article from the New York Democrat of the 20th However, the money used to pay the 47,000 primary workmen and the thousands of secondary workmen does not end its circu instant on Statements Made About Depression by the Admin lation here and then head again for American bank vaults. It istration. continues to flow in a trade-building stream through these foreign There being no objection, the matter referred to was or:.. lands to other men, who gain a livelihood by providing clothes and food and radios to the men who do the more direct jobs. But it dered to be printed in the RECORD, as follows: would take a skilled economist with lots of time at his disposal STATEMENTS MADE ABOUT DEPRESSION BY THE ADMINISTRATION to work out the complete foreign travel of those two hundred and fifty million American dollars. Right now there is neither time Here is a partial list o! statements made by President Hoover nor necessity to pursue that point further. and members of his administration since the stock market crash It is sufficient to know that the paper industry has exported in October, 1929. A comparison with conditions as they have 47,000 year-around, full-time primary jobs. It is sufficient to know existed from time to time during this period of depression will that the ·$250,000,000 annually sent out of the country to purchase show what value may be attached to these predictions and pro a necessity to our business and social life, a necessity that could be nouncements. supplied in its entirety by American workmen and American mate They were recently published in the Webster (S. Dak.) Journal rials, would provide a mighty fine n:ucleus for a substanti9.1 in the editor's column entitled "Apple Sauce": domestic trade ranging from apples to Zinc paint. October 29, 1929: "The fundamental business of the country 1s on a sound and prosperous basts."-Mr. Hoover. CONCERTED ACTION LACKING November 3, 1929: "We have come to see more clearly that How is it that the paper industry has permitted 47,000 employees the stock market is not the principal barometer of business, and to be taken off the direct pay roll? The truth is that the paper that our American prosperity is deeply and firmly rooted."-Doctor industry was not exactly to blame at the beginning. Some Klein. "friends " of American. industry, the newspaper publishers, one of November 4, 1929: " The only possible effect recent fluctuations whom was a brother to a President, succeeded in lifting the tariff in the stock market wlll have upon general business will be to walls su.tnciently to permit the cream of the newsprint business and curtail the buying power, especially of luxuries, of those who the wood-pulp business to flow to other lands--and come sweeping suffered losses in the market crash."--Becretary Lamont. back in a destructive tidal wave. But lt ls also true to charge the November 21, 1929: .. There is no reason why business should industry with a lack of concerted action in reestablishing protec not be carried on as usual."-Mr. Hoover. tion for all parts o! the American paper industry when it became November 24, 1929: "American business is healthy and vigorous evident what chaos had been injected into tbe domestic industry and promises to be more so. The eager and loyal cooperation evi when pulp and newsprint were left fully exposed to the Inroads of denced so splendid by American business men in their talks with foreign competition. . the President is nothing less than a certificate of prosperity From the Bureau of Customs, Treasury Department, It Is learned insurance."-Doctor Klein. that wood pulp and printing paper were dutiable under the tarlll' December 3, 1929: "We have reestabl1shed confidence. Wages acts of 1883 and 1909. Under the tariff act of 1913 wood pulp was should remain stable. Industrial unemployment has been pre permitted to enter free of duty, and the law was so worded that vented."-Mr. Hoover. newsprint got in under the wire also. December 4, 1929: Mr. Mellon estimated a Treasury surplus o! A Lrrl'LE HISTORY $1~2,783,966 for the fiscal year. (Note: The :fiscal year closed Here is a little light on events of two decades past, taken from with a deficit of $903,000,000.) A History of Paper Manufacturing in the United States, 1690-1916 January 1, 1930: "I have every confidence that there will be a (pp. 316, 317, 318), by Lyman Horace Weeks: revival of activity in the spring and that during the coming year "In 1907 agitation developed among newspaper publishers on the country will make steady progress."-Mr. Mellon. account of the higher prices asked for newsprint. The Govern " One may confidently predict a continuance of prosperity and ment was appealed to for prosecution of the so-called Paper Trust progress."-83cretary Lamont. and for the repeal of tariff duties on P.aper and pulp. President "We are justified in feeling an abiding, if perhaps not an Roosevelt in his annual message advocated the repeal of the duty exuberant, optlm.ism."-Doctor Klein. on pulp provided an agreement could be secyred with Canada January 10, 1930: "We are going to have some rough sledding, that there should be no export duty on purpwood from that but the turn will come about March or April for the country as Dominion. Nothing came from this immediately, but in 1910 con a whole."-Doctor Klein. sideration of a general trade reciprocity with Canada resulted in January 13, 1930: "Conditions are very satisfactory. The out the appointment of commissioners of the two countries, who look is generally good."--8ecretary Lamont. worked out a tentative agr~ement, which in J~uary, 1911~ was March 8, 1930: "The crisls will be over iii 60 days."-Mr. Hoover. submitted to Congress by President Taft. May 1, 1930: "We have now passed the worst."-Mr. Hoover. 1932 CONGRESSIONAL RECORP-SENATEl 4597 May 19; 1930: "Business opel'atlons in the United States are "I believe," he said, "that all soCial workers recommend that about 6 per cent below what might be considered normal."-8ecre food, fuel, and clothing, or orders on grocery stores be given in- ·· tary Lamont. stead of giving money outright. • • • I have had this inci May 21, 1930: "If President Hoover accomplishes nothing more dent called to my attention by a person who was, I believe, on ln all of his service to the Government, that one outstanding thing the welfare board in Detroit. There they issued checks or gave of his administration-no reduction in wages-wm be remembered money, as I understand, and one individual who was arrested for forever."-secretary Davis. speeding turned in his relief check in part payment of his fine. May 21, 1930: " Normal conditions should be restored in two or "That showed a great deal of ingenuity, thrift, and adaptation three months."-8ecretary Lamont. to circumstances, showing that he could meet occasions as they May 21, 1930: "A healthy revival of business by the end of Sep arose." tember may be expected."-Doctor Klein. Here is a sample of his serious vein--delivered with a dramatic June 28, 1930: " We can look for reasonable prosperity within reading which lost nothing of its studied effect, because it was the next year."-8ecretary Davis. restrained and subdued, which is the opposite of the popular August 8, 1930: " The mental and material resources of thts school of dramatics in ~ Congress which teaches cracklng the ceil great country of ours are already swinging us on the road to re ing and splitting the eardrums: covery."-8ecretary Davis. "So we have seen illustrated here the dangerous tendency o! August 22, 1930: "The depression is rapidly drawing to a this kind of legislation (so-called .'dole'). I do not know what close."-8ecretary Davis. governors have overwhelmed the Senate with their 1·equests for September 11, 1930: "I repeat that we have hit the bottom and Federal charity. It s.eems to me that Senators are rather outrun are on the upswing."-8ecretary Davis. ning themselves to thrust this donation upon unsoliciting States. September 22, 1930: " Business on the whole has ceased its We begin here in a spirit of philanthropy and of charity. We Will marked decline."-8ecretary Lamont. continue it under an imperious demand-! will not say duress September 22, 1930: " We should be out of the depression by the when the beneficiaries become organized. Senators know what I , end of October."-Doctor Klein. mean.". October 2, 1930: " The depression is but a temporary halt in the To see, to hear, this blind Senator arise during the consideration prosperity of a great people. The income of a large part of our of a complicated measure and move to strike out in section blank, par~graph blank, line so-and-so, certain words, and to substitute people has not been reduced."-Mr. Hoover. in lieu thereof certain other words, is to feel the inexplicableness October 4, 1930: " The end is approaching to this process of of mysterious ways and wonders; and to recall certain lines of shrinking values."-Doctor Klein. Wordsworth- December 2, 1930: " There are many factors which give en couragement. We have already weathered the worst of the " And when a damp storm."-Mr. Hoover. Fell round the path of Milton, in his hand December 29, 1930: "During the opening months of the new The thing became a trumpet; whence he blew year conditions wm steadlly improve all along the business Soul-animating strains-alas! too few.'' front."-Doctor Klein. December 31, 1930: "We have reached a point where cessation of THE CALENDAR further declines and beginning of recovery may be expected." The VICE PRESIDENT. The morning business is closed Secretary Lamont. The calendar is in order. March 18, 1931: "There is pretty good evidence that an appre ciable degree of recovery is in sight."-Doctor Klein. Mr. McNARY: Mr. President, I ask unanimous consent April 29, 1931: "The corrective influences are at work and busi that we proceed to the consideration of unobjected bills on ness is responding to the stimulus."-8ecretary Lamont. the calendar under Rule vm, and commence with Order of June 9, 1931: "The bottom of the depression was hit in January. Business 213, which follows the last bill considered on the We are now in a valley. The depression has ended. The valley usually runs across six or seven months. If history repeats itself, last call of the calendar. this means that in July up we go."-Doctor Klein. The VICE PRESIDENT. Is there objection? The Chair THE JUNIOR SENATOR FROM OKLAHOMA, MR. GORE hears none, and it is so ordered. The clerk will report the first bill on the calendar under the unanimous-consent Mr. THOMAS of Oklahoma. Mr. President, I ask per agreement. mission to have printed in the RECORD an article relating to 2062) my colleague entitled "The Broad Highway," by Charles The bill Be U enacted, etc., That the Secretary of the Navy, .to promote ALLEGHENY FORGING CO. nautical education, 1s hereby authorized and empowered to fur nish, upon the application in writing of the governor of the state, The Senate proceeded to consider the bill (S. 466) for a suitable vessel of the Navy, with all her apparel, charts, books, the relief of the Allegheny Forging Co., which had been re and instruments of navigation, provided the same can be spared ported from the Committee on Claims with an amendment without detriment to the naval service, to be used for the benefit of any nautical school, or school or college having a nautical to strike out all after the enacting clause and to insert: branch, establlshed at the port of New Orleans, La., upon the con That the Comptroller General of the United States be, and he Is dition that there shall be maintained at such port a school or hereby, authorized and directed to adjust and settle the claim of branch of a. school for the instruction of youths in navigation, the Allegheny Forging Co. for steel ingots and steel bUlets shipped steamship-marine engineering, and all matters pertaining to the to Balboa, Canal Zone, under Panama Canal contract entered into proper construction, equipment, and sailing of vessels or any in October, 1919, -and to allow in full and final settlement thereof particular branch thereof. the sum of not to exceed $914.55. There is appropriated, out of SEc. 2. That a sum not exceeding the amount annually appro any money in the .Treasury not otherwise appropriated, the sum of priated by the State of Louisiana or the city of New Orleans for $914.55, or so much thereof as may be necessary for the payment , the purpose of maintaining such a marine school, or school or the of said claim. nautical branch thereof, is hereby authorized to be appropriated for the purpose of aiding in the maintenance and support of such Mr. JONES. Mr. President, I think there should be an : school: Provided, however, That the appropriation for any one explanation of the bill. year shall not exceed $25,000. Mr. REED. Mr. President, the bill provides for the pay- . SEc. 3. That the President of the United States is hereby author ized, when in his opinion the same can be done without detriment ment of certain steel shipped to Panama which complied to the public service, to detail proper otficers of the Navy as super with specifications, admittedly, and also the payment of an intendent of or instructors in said school: Provided, That if said amount for steel which was shipped which the Government · school shall be discontinued, or the good of the naval service shall claimed was not in accordance with specifications. require, such vessel shall be immediately restored to the Secretary of the Navy and the otficers so detailed recalled: And provided The steel which the Government rejected as not in ac- · further, That no person shall be sentenced to or received at said cordance with the specifications was sold by the Government ; school as a punishment or commutation of pl:lD.ishment for crime. to the highest bidder at Panama, and a very trivial amount SEc. 4. That all laws and parts of laws in confiict herewith are hereby repealed. was realized. The amount of the grant made by the bill is I for the admitted amount due for the steel which was in Mr. JONES. Mr. President, I should like to have that bill accordance with the specifications, plus the amount realized explained. I should like to have a statement of what the by the Government at public sale of the steel which was ! expense is likely to be. rejected. The bill has the full approval, in its present form, Mr. BROUSSARD. Mr. President, an existing general law of the Comptroller General. provides for the establishment of these schools. There are The PRESID~G OFFICER. The question is on agreeing : only four now. They are at Boston, New York, Philadelphia, to the amendment. and San Francisco. The law provides that the municipality The amendment was agreed to. or the State must pay one-half of the expense. There is no The bill was ordered to be engrossed for a third reading~ i such school in the South, and the people of Louisiana have read the third time, and passed. made provision for cooperating with the Government in the establishment of this school. There is a limitation here that LIABILITY TO INDIAN PUEBLOS the appropriation for any one year· shall not exceed $25,000. The bill (S. 2914) to authorize appropriations to pay in , Mr. JONES. Mr. President, while as a general rule I do part the liability of the United States to the Indian pueblos herein named, under the terms of the act of June 7, 1924, not want to see bills passed that are liable to brin~ about increased appropriations, yet I recognize the imp.ortance of and the liability of the United States to non-Indian claim a r ::hool of this character, and also the interest in the sub ants on Indian pueblo grants whose claims, extinguished ject of a community that is willing to put up half the under the act of June 7, 1924, have been found by the expense. I remember that several years ago we sought to Pueblo Land Board to have been claims in good faith; to have schools of this kind established and, in fact, passed authorize the expenditure by the Secretary of the Interior general legislation under which probably this school is pro of the sums herein authorized and of sums heretofore ap posed to be created. Considerable encouragement was propriated, in conformity with the act of June 7, 1924, ·for given in..different localities to the establishment of these the purchase of needed lands and water rights and the crea schools, but it was not done; and some of those that were tion of other permanent economic improvements as con established were not continued. If a community is willing templated by said act; to direct the issuance of a patent to to put up its part of the expenditure ·with reference to a the Pueblo of Taos for certain lands described herein, and school of this kind at this time, I am not disposed to object for other purposes, was announced as next in order. to the bill. Mr. BRATTON. Let that go over. Mr. WALSH of Massachusetts. Mr. President, there is a The PRESIDING OFFICER. Tha bill will be passed over. nautical school in Boston. It is a very useful and very suc on the suggestion of the Senator from New Mexico. cessful one, but my impression is that it is supported by the WAIVER OF PROSECUTION State government. I do not know how it was originally The bill (S. 2655) providing for waiver of prosecution by brought into being-whether it was through coope~ation indictment in certain criminal proceedings was announced with the Federal Government or not. as next in order. Mr. BROUSSARD. I may inform t..h.e Senator that the Mr. BLAINE. Let the bill go over. report of the Secretary of the NavY states that there is such Mr. ROBINSON of Arkansas. 1\{r. President, this is an a school at Boston, established by the Federal Government important bill. It seeks to effect a material change in pro under the existing general law. That is the one the Senator cedure relating to criminal cases, and I think it should re has in mind, I am sure. ceive very careful consideration. Mr. WALSH of Massachusetts. Is the Senator proposing Mr. BRA'ITON. Mr. President, I will make a brief state that the same action be taken in New Orleans that was ment of the measure. taken in the establishment of this school at Boston? Mr. BLAINE. Mr. President, I suggested that the bill go Mr. BROUSSARD. Yes, sir. over. Mr. WALSH of Massachusetts. Following the same prec Mr. BRATTON. Very well. edent? The PRESIDING OFFICER. The bill goes over, under the Mr. BROUSSARD. Absolutely, under the same law. suggestion of the Senator from Wisconsin. Mr. WALSH of Massachusetts. The school at Boston has MONTGOMERY BLAIR PORTAL been very beneficial in training young men for nautical · The Senate proceeded to consider the joint resolution service. (S. J. Res. 4) to provide fo:r the naming of Montgomery The bill was ordered to be engrossed for a third reading, Blair Circle, which had been reported from the Committee read the third time, and passed. on the District of Columbia · with amendments, on page 1, 4600 CONGRESSIONAt RECORD-· SENATE FEBRUARY 24 line 3, to st:ike out· the words ~~ the· reservation intended study of tr...e question as to whether or not title should pass for park purposes " and to insert in lieu the.reof the words to the Indians, and, if so, what restriction should be ·im "Sixteenth Street and the adjacent park· reservation"; on posed, that measures of this kind ought to be passed with line 7. after the word "Blair," to strike out the word considerable reluctance. There ought to be some hesitation " Circle " and to insert in lieu thereof the word " Portal," about it. so as to make the ·joint resolution read: · Mr. FRAZIER. Mr.. President, I agree with the Senator Resolved, etc., That the portion of Sixteenth Street and the ad in 'opposition to anything like a general grant of patents in jacent park reservation lying within the District· of Columbia· at fee to the Indians. · As the Senator from Utah has stated, the intersection o! Sixteenth Street, North Portal Drive, Eastern there are many cas·es in which there has been great injus Avenue, and the District line, shall be known as Montgomery Blair Portal, in commemoration of the public s-ervice of the late tice to the Indians. But from the information we have,-this Montgomery Blair, Postmaster General in the Cabinet of President seems to be an exception to the general rule, and I believe Lincoln. the bill is proper and should be passed. The amendments were agreed to. Mr. KING. I accept the judgment o{ the chairman of the The joint resolution was ordered to be engrossed for a Committee on Indian Affairs. third reading, read the third time, and passed. The bill was ordered to a third reading, read the third The title was amended so as to read: "Joint resolution time, and passed. to provide for the naming of Montgomery Blair Portal." CAPT. JACOB M. PEARCE INCORPORATION OF CREDIT UNIONS The bill (S. 1003) for the relief of Capt. Jacob M. Pearce, United States Marine Corps, was announced as next in ordeT. The bill The matter was referred to the NavY Department, and SEc. 4. That trust agreements or contracts executed and ap~ ·d th" proved as herein provided shall be irrevocable except with the the d epart men t on J anuary 28 • 1931 • Sal · IS: consent and approval of the Secretary of the Interior: Provided, The purpose of this bill is to authorize the President to present, That if any trust, trust agreement, or contract be annulled, can in the name of Congress, a medal of honor, posthumously, to the celed, or set aside by order of any court, or otherwise, during the late Henry Clay Drexler, former ensign, United States Navy, for period provided in such trust agreement or contract, the principal his heroic action in endeavoring to sutlmerge a charge of powder or corpus of the trust estate, with all accrued and unpaid interest, in an immersion tank on the occasion of a fire in the forward shall be returned to the Secretary of the Interior as restricted indi turret of the U. S. S. Trenton, wherein he met his death in a vidual Indian property. supreme effort to save his shipmates. SEc. 5. If, after the creation and approval of any trust, it is The bill S. 5481, if enacted, w1ll result in no additional cost to found that said trust was procured in violation of any of the pro the Government. visions of this act, it shall be the duty of the Attorney General to In view of the above, the Navy Department interposes no objec institute appropriate proceedings in the Federal courts for the tion to the enactment of the bill S. 5481. cancellation and annulment of said trust by court decree, and Inasmuch as the heroic conduct of the late George Robert upon decree of annulment and cancellation, which shall be at the Cholister, boatswain's mate, first class, United States Navy, was cost of the trustee, and after accounting, but without the allow almost identical with that of the late Ensign Henry Clay Drexler, ance of any fee, charge, or commission for any services rendered United States Navy, on the same occasion and at the same time, by the trustee, all funds held by the trustee shall be paid to the the Navy Department suggests that his name be included in the Secretary of the Interior as restricted funds, and the Federal bill s. 5481. courts are hereby given exclusive jurisdiction of all actions involv ing an accounting under any trust created under the provisions of The PRESIDING OFFICER. The question is on agreeing this act, and all actions to cancel, annul, or set aside any trust to the amendment. entered into pursuant to this act. SEc. 6. That the Secretary of the Interior is hereby authorized The amendment was agreed to. to make rules and regulations for the purpose of carrying into The bill was ordered to be engrossed for a third reading, effect the provisions of this act, and that the trust agreements and read the third time, and passed. the trusts under this act shall be subject to such terms and condi The title was amended so as to read: "A bill to authorize tions a~ the Secretary of the Interior may prescribe. the presentation of a medal of honor, posthumously, to the Mr. JONES. Mr. President, I would like to have a brief late Henry Clay Drexler and the late George Robert explanation of the bill. Cholister ." Mr. THOMAS of Oklahoma. Mr. President, this bill lNDIAN TRUST ESTATES · passed the Senate on a former occasion. We have in Okla- The Senate proceeded to consider the· bill •ARTICLEn "ARTICLE V " The commission shall consist of 16 commissioners, 8 resident "If for any of its authorized purposes (including temporary con voters of the Commonwealth of Pennsylvania, and 8 resident voters struction purposes), the commission shall find it necessary or con of the State of New Jersey, who shall serve without compensation. venient to acquire any real property in the Commonwealth of "The first eight commissioners for the Commonwealth of Penn Pennsylvania or the State of New Jersey, whether for immediate sylvania shall be the governor of the Commonwealth, the auditor or future use, the commission may find and determine that such general, the State treasurer, the mayor of the city of Phlladelphta, property, whether a fee simple absolute or a lesser interest, is and the four additional persons now serving as members of the required for public use, and, upon such determination, the said Pennsylvania commission, existing by virtue of Act No. 338 of property shall be deemed to be required for a public use untll the Commonwealth of Pennsylvania, approved July 9, 1919 (Pam otherwise determined by the commission, and, with the exceptions phlet Laws, 814), and acts amendatory thereof and supplementary hereinafter specifically noted, the said determination shall not be thereto. affected by the fact that such property has theretofore been taken "The first eight commissioners for the State of New Jersey shall for or is then devoted to a public use, but the public use in the be the eight individuals now holding office, as members of the hands or under the control of the commission shall be deemed New Jersey Interstate Bridge Commission, existing by virtue of superior to the public use in the hands or under the control of chapter 271 of the laws of said State of 1929, approved May 6, any other person, association, or corporation. 1929, and acts amendatory thereof and supplementary thereto, " If the commission is unable to agree with the owner or owners which said eight individuals are hereby appointed by said State thereof upon terms for the acquisition of any such real property as such commissioners, who shall serve for their unexpired terms in the Commonwealth of Pennsylvania for any reason whatsoever, as members of the New Jersey Interstate Bridge Commission. then the commission may acquire such real property in the man Succeeding commissioners shall be elected by the legislature to ner provided by Act No. 338 of the Commonwealth of Pennsylvania, serve for terms of five years. approved July 9, 1919, and acts amendatory thereof and supple "For the Commonwealth of Pennsylvania, the governor, the mentary thereto, for the acquisition of real property by the afore auditor general, the State treasurer, and the executive head of said Pennsylvania comm.ission. the city of Phlladelphia, In office at the time, shall always be " If the commission is unable to agree with the owner or owners members of the commission, and, in addition thereto, there shall thereof upon terms for the acquisition of any such real property be four members appointed by the governor, who shall be known in the State of New Jersey for any reason whatsoever, then the as appointive members. Whenever a vacancy occurs in the ap commission may acquire and is hereby authorized to acquire such pointive membership of the commission, the governor shall ap property, whether a fee simple absolute or a lesser interest, by point a member to serve for a term of five years from the date of condemnation or the exercise of the right of eminent domain, his appointment. either under and pursuant to the provisions of the act of the " For the State of New Jersey, whenever a vacancy in the om.ce State of New Jersey, entitled 'An act to regUlate the ascertainment of commissioner shall occur, such vacancy shall be fllled for the and payment of compensation for property condemned or taken unexpired term by the legislature. If the legislature shall not be for public use • (revision of 1900, approved March 20, 1900), and in session when the vacancy occurs, such vacancy shall be fllled by acts amendatory thereof and supplementary thereto, or under and the governor, and such appointee shall hold omce untll the legis pursuant to the provisions of an act entitled 'An act concerning lature convenes. and regulating acquisition and taking of lands by the State of · "All commissioners shall ·continue to hold office after the ex New Jersey, or any agency thereof; providing a procedure therefor, piration of the terms for which they are appointed or elected and the manner of making compensation for lands so taken,' unless and until their respective successors are appointed and approved April 21, 1920, and the various acts amendatory thereof qualified, but no period during which any commission shall hold and supplementary thereto. over shall be deemed to be an extension of his term of office for " The power of the commission to acquire real property by con the purpose of computing the date on which his successor's term demnation or the exercise of the power of eminent domain in the expires. Commonwealth of Pennsylvania and the State of New Jersey shall "ARTICLE m be a continuing power and no exercise thereof shall be deemed to "The commissioners shall have charge o! the commission's prop exhaust it. erty and affairs, and shall, for the purpose of doing business, con " The commission and its duly authorized agents and employees stitute a board, but no action of the commissioners shall be may enter upon any land in the Commonwealth of Pennsylvania binding unless a majority of the members of the commission from or the State of New Jersey for the purpose of making such sur Pennsylvania and a majority of the members of the commission veys, maps, or other examinations thereof as it may deem neces from New Jersey shall vote in favor thereof. sary or convenient for its authorized purposes. "However, anything to the contrary contained in this compact "ARTICLE IV notwithstanding, no property now or hereafter vested in or held " For the effectuation of its authorized purposes, the comm!sslon by any county, city, borough, v1llage, township, or other munici is hereby granted the following powers: pality, or port district shall be taken by the commission without "(a) To have perpetual succession. the consent of such municipality or port district unless expressly " (b) To sue and be sued. authorized so to do by the Commonwealth or State in which such " (c) To adopt and use an omcial seal. municipality or port district is located. All counties, cities, bor "(d) To elect a chairman, vice chairman, secretary, and treas oughs, villages, townships, and other municipalities, and all public urer, and to adopt suitable by-laws for the management of its agencies and commissions of the Commonwealth of Pennsylvania affairs. The secretary and treasurer need not be members of the and the State of New Jersey, notwithstanding any contrary provi commission. sion of law, are hereby authorized and empowered to grant and "(e) To appoint such other officers and such agents and em convey to the commission upon its request, but not otherwise, ployees as it may require for the performance of its duties, and upon reasonable terms and conditions, any real property which fix and determine their qualifications, duties, and compensation. may be necessary or convenient to the effectuation of its author "(f) To enter into contracts. ized purposes, including real property already devoted to public . "(g) To acquire, own, hire, use, operate, and dispose of personal use. property. "The Commonwealth of Pennsylvania and the State of New "(h) To acquire, own, use, lease, operate, and dispose of real Jersey hereby consent to the use and occupation by the commis property and interests in real property, and to make improve sion of any real property of the said two States, or of either of ments thereon. them, which may be or become necessary or convenient to the "(i) To grant the use of, by franchise, lease, or otherwise, and effectuation of the authorized purposes of the commission, includ to make charges for the use of, any property or facility owned or ing lands lying under water and lands already devoted to public controlled by it. use. "(j) To borrow money upon its bonds or other obligations either " The term ' real property ' as used in this compact, includes with or without security. lands, structures, franchises, and interests in land, including lands "(k} To exercise the right of eminent domain. under water and riparian rights, and any and all things and "(1) To determine the exact location, system, and character of, rights usually included within the said term, and includes not and all other matters in connection with, any and all improve· only fees simple absolute but also any and all lesser interests, such ments or facilities which it may be authorized to own, construct, as easements, rights o! way, uses, leases, licenses, and all other establish, effectuate, operate, or control. incorporeal hereditaments, and every estate, interest, or right, . "(m) In addition to the foregoing, to exercise the powers, duties, legal or equitable, including terms of years and liens thereon by authority, and jurisdiction heretofore conferred and imposed upon way of judgments, mortgages, or otherwise, and also claims for the aforesaid Pennsylvania Commission and upon the aforesaid damage to real estate. New Jersey Int~rstate Bridge Commission, severally, or upon both "ARTICLE VI of said commissions jointly, by the Commonwealth of Pennsylvania "The control, operation, tolls, and other revenues of the afore or the State of New Jersey, or both of the said two States; and said existing bridge across the Delaware River between the city "(n) To exercise all other powers, not inconsistent with the con of Phlladelphia and the city of Camden, and of all real and per stitutions of the two States or of the United States, which may be sonal property appurtenant thereto or used in connection there reasonably necessary or incidental to the effectuation of its au with, shall vest in the commission on the 1st day of July, 1931, and thorized purposes or to the exercise of any of the foregoing powers, the terms of the members of the aforesaid Pennsylvania Com except the power to levy taxes or assessments, and generally to mission and the aforesaid New Jersey Interstate Bridge Commis exercise, In connection with its property and affairs and in con sion shall cease and terminate on that date. nection with property within its control, any and all powers which " On or before the 30th day of June, 1932, or as soon thereafter ·mtght be exercised by a natural person or a private corporation 1n as practicable, the commission shall pay to the Commonwealth of connection with s1milar property and affairs. Pennsylvania, the State of New Jerrrey, and the city of Phlladel- 4604 CONGRESSfONAL 'RECORD-SENATE FEBRUARY 24 phia the following sums out-of moneys raised by said commlssion wealth of Pennsylvania, or the credit of the State of New Jersey, on its bonds or other obligations: or the credit of any county, city, borough, village, tovmship, or " (a} An amount equal to the moneys contributed by the Com other munic.ipality of said Commonwealth or of said Stat~ or to monwealth of Pennsylvania toward the cost of acquiring proJ:~erty ·create any debt of said Commonwealth or of said State or of such for and constructing said bridge and the approaches thereto, and municipa.llty. expenditures incident thereito, with interest at the rate of 4 per "ARTICLE vm cent per annum, such interest to be computed from the dates on which !nstallments of such funds were paid to the Delaware " Tl.e commission 1s hereby authorized to make and enforce River Bridge Joint Commission by the said Commonwealth of such rules and regulations, and to establish, levy, and collect (or Pennsylvania, as shown by the records of its State treasurer, less, to authorize by contract, franchise, lease, or otherwise the estab however, the amount returned to the Commonwealth of Penn lishment, levying, and collection of) such tolls, rents, rates, and sylvania from the net revenues of the bridge between July 1, other charges in connection with the aforesaid exlsting bridge across the Delaware River, and any other properties which it may 1926, and June 30, 1931, and less interest, at the rate of 4 per hereafter construct, erect, acquire, own, operate, or control, as it may cent per annum, upon such amount computed from the dates of deem necessary, proper, desirable, and rea.sonable, which said tolls, repayment to the Commonwealth of Pennsylvania. · rents, rates, and other charges shall be at least sufficient to meet "(b) An amount equal to the moneys contributed by the State the expenses thereof, including interest and sinld.ng-fund charges; of New Jersey toward the cost of acquiring property for and con and the commission is hereby authorized and empowered to pledge structing said bridge and the approaches thereto, and expenditures such tolls, rates, rents, and other revenues, or any part thereof, incident thereto, with interest theretofore actually paid by the State of 'New Jersey or accrued upon the bonds issued by said either presently received or to be received in the future, or both, State to borrow money to pay its share of the cost of acquiring as security of the repayment, with interest, of any moneys bor property for, and construction of, said bridge and the approaches rowed by it or advanced to it for any of tts authorized purpos.es thereto, and all expenditures incident thereto, less, however, the and as security for the satisfaction of any other obligation assumed amount returned to the State of New Jersey from the net revenues by it in connection with such loans or advances. of the bridge between July 1, 1926, and June 30, 1931, and less "ARTICLE IX interest at the rate of 4%. per cent per annum, upon such "The Commonv;ealth of Pennsylvania and the State of New amount computed from the dates of repayment to the State of Jersey hereby covenant and agree with each other and with the New Jersey. b.olders of any bonds or other securities or obligations of the " (c) An amount equal to the moneys contributed by the city commission for which there may or shall be pledged the tolls, of Philadelphia toward the cost of acquiring property for and rents, rates, or other revenues, or any part thereof, of any prop constructing said bridge and the approaches thereto, and expendi erty or facility owned, operated, or controlled by the commission tures ·incident thereto; with interest theretofore actually paid by (including the said bridge across the Delaware River and the the city of Philadelphia or accrued upon the bonds issued by said facilities for the transportation of passengers across the said city to borrow money to pay its share of the cost of acquiring bridge), that (so long as any of said bonds or other securities or property for and construction of said bridge and approaches obligations remain outstanding and unpaid, and unless and until thereto, and all expenditures incident thereto, less, however, the adequate provision is made by law for the protection of those amount returned to the city of Philadelphia from the net revenues advancing money upon such obligations) the Commonwealth and of the bridge between July 1, 1926, and June 30, 1931, and less the said state will not diminish or impair the power of the com interest at the rate of 4%. per cent per annum, upon such amount mission to own, operate, or control said properties and facilities, computed from the dates of repayment to the city of Philadelphia. or to establish, levy, and collect tolls, rents, rates, and other "(d) As soon as is practicable subsequently to July 1, 1931, the charges in connection with such properties or facilities. commission shall determine with the Commonwealth of Pennsyl "The Commonwealth of Pennsylvania and the State of New vania, the State of New Jersey, and the city of Philadelphia the Jersey hereby covenant and agree with each other and with the net amounts due to each, respectively, as of the 1st day of July, holders of any bonds or other securities or obligations of the com 1931, and from that date until the date of payment interest shall mission for which the tolls, rents, rates, or other revenues, or any be paid by the commission to the Commonwealth of Pennsylvania part thereof, of the aforesaid existing bridge across the Delaware at the rate of 4 per cent per annum and to the State of New River shall have been pledged that the said CommO!lwealth and Jersey and to the city of Philadelphia at the rate of 4¥... per cent the said State w1ll not authorize or permit the authorization of per annum. the construction, operation, or maintenance of -any additional " (e) The amount payable by the commission to the Common vehicular bridge or tunnel or any addit1onal bridge or tunnel wealth of Pennsylvania, as aforesaid, shall be paid to the State having railroad or other facilities for the transportation of pas treasurer of the Commonwealth of Pennsylvania upon a voucher sengers between the said Commonwealth and the said State over signed and audited by said State treasurer, who is hereby author or under the Delaware River by any other person or body than ized to consummate the said transaction. The amount payable the ce~mmiSsion, within a distance of 10 miles in either direction to the State of New Jersey shall be paid to the comptroller of said from the said bridge measured along the boundary line between State upon a voucher signed and audited by said comptroller, who the said Commonwealth and tbe said State. is hereby authorized to consummate the said transaction. The u ARTICLE X amount payable to the city of Philadelphia shall be paid to the treasurer of the said city upon a voucher signed and audited by "The bonds or other securities or obligations which may be said treasurer, who is hereby authorized to consummate the said tssued by the commission for any of its authorized purposes, and transaction. Upon the receipt of the proper payment each of said as security for which there may be pledged the tolls, rents, rates, officials shall certify to the Delaware River Joint Commission that ana other revenues, or any part thereof, of any properties or all moneys payable by the Delaware River Joint Commission to facilities owned, operated or controlled by the commission (in the Commonwealth, State, or city, as the case may be, have been cluding the aforesaid exi.sting bridge across the Delaware River and duly paid. the aforesaid facilities for the transportation of passengers across "(f) Nothing herein contained shall be construed to affect, the said bridge), are hereby made securities in which all State and diminish, or impair the rights and obllgations created by, or to municipal officers and bodies of the Commonwealth of Pennsyl repeal any of, the provisions of chapter 352 of the Laws of New vania and State of New Jersey, all banks, bankers, trust compa Jersey of 1920, and chapter 262 of the Laws of New Jersey of 1924, nies, savings banks, saving and loan associations, investment com and chapter 336 of the Laws of New Jersey of 1926, and chapter 33 panies, and other persons carrying on a banking business, all of the Laws of New Jersey of 1927. and chapter 64: of the Laws of insurance companies, Insurance associations, and other persons New Jersey of 1928. carrying on an insurance business, and all administrators, execu "(g) Of the money paid to the State of New Jers~y under the tors, guardians, trustees, and other ftduci.arles, and all other per provisions of this agreement, there shall be pald to the sinking sons whatsoever, who are now or hereafter may be authorized to fund commission, created by the provisions of. the foregoing invest in bonds or other obligations of the Commonwealth of statutes (chapter 352 of the Laws of New Jersey of 1920 and chap Pennsylvania or ot the State <>f New Jersey, may properly and ter 262 of the Laws of New · Jersey of 1924), such sum or sums as legally invest any funds, including capital belonging to them or said sinking fund commission may deem necessary to meet the within their control; and said bonds or other securities or obliga then existing indebtedness and obligations set forth ln said stat tions are hereby made securities which may properly and legally utes, together with such interest and other charges as may be due be deposited with and received by any State or mUnicipal officer or may grow due. The amount thus to be paid to the sinking or agency of the Commonwealth of Pennsylvania or the State of fund commission shall be arrived at and determined by said sink New Jersey for any purpose for which the deposit of bonds or other ing fund commission within 90 days after payment is made to .obligations, either of the Commonwealth or of the State, is now or the State of New Jersey pursuant to the provisions of this agree may hereafter be authorized. ment. The moneys to be paid to and received by said sinking "ARTICLE XI fund commission are hereby appropriated by the State of New "The effectuation of its authorized purposes by the commis Jersey and are to be used for sinking-fund purposes according to law. sion is and will be in all respects for the benefit of the people ot "(h) No failure on the part of the commission to make the the Commonwealth of Pennsylvania and the State of New Jersey aforesaid payments to the Commonwealth of Pennsylvania, to the for the increase of their commerce and prosperity, and for th~ State of New Jersey, or to the city of Philadelphia, shall a!Iect improvement of their health_ and living conditions, and since the diminish, or impair the rights of th'e holders of any bonds o~ commission will be perfornung essential governmental functions other securities or obligations of said commission, as security for in effectuating said purposes, the commission shall not be required which the tolls and other revenues of the said bridge . may be to pay any taxes or assessments upon any property acquired or pledged. used by it for such purposes, and the bonds or other securities or "ARTICLE Vll obligations issued by the commission, their transfer, and the in come thereof (including any profits made on the sale thereof) .. Notwithstanding arry provision of this agreement, the commis shall, at all times, be free from taxation within the Commonwealth sion shall have no power to pledge the credit of the Common- of Pennsylvania and the State of New Jersey. .. 1932 - ..l.t. .~. CONGRESSIONA.I.i RECORD-:-SENATE 4605 • ARTICLE XD So as ta make the bill read: " The commJsston shan make annual reports to the Governors Resolved, etc., That the Commissioners of the District of Colum and Legislatures of the Commonwealth of Pennsylvania and the bia are hereby authorized to close upper Water Street, · between State of New Jersey, setting fortb. in detail its operations and Twenty-second and Twenty-third Streets NW., lying north of transactions, and may make such additional reports, from time to Poto~ac ~a~k and south of square 62: Provided, That the con time, to the governors and legislatures as it may· deem desirable. sent m wntmg of the owners of three-fourths of all private prop "Whenever the commission, after investigation and study, shall erty .on the south side of square 62 is first had and obtained; and have concluded plans, with estimates of cost, and means of financ upon ~h~ closing of said street between the limits named the ing any new project, other than those described in article 1, sub CommlSSioners of the District of Columbia are authorized to trans division (b) hereof, for transportation across or under the Dela fer the land contained in the bed of said street to the Director ware R~ver within the area hereinbefore described, any new project of Publlc Buildings and Public Parks of the National Capital, as for the improvement of the Delaware River's port facilities, or any part of the park system of the District of Columbia: Provided other project for the mutual advantage of Pennsylvania and New further, That the said commissioners be, and they are hereby, Jersey and coming within the purposes for which it is created, authorized to enter upon said closed area at all times for the the commission shall make to the legislatures of each State a purpose of maintenance and repair of all existing sewers and sewer detailed report, dealing only with the contemplated project, and appurtenances. shall request of said legislatures authority to proceed with the S~c. 2. The. Director of Public Buildings and Public Parks of the project described; and it shall not be within the power of the Nat1onal Cap1tal is authorized to transfer to the American Phar commission to construct, erect, or otherwise acquire any facility maceutical Association such an area adjacent to the land owned. or project, except ~hose described in article 1, subd.tvision (b) by the said association, as shall be agreed upon between the asso hereof, unless and until the legislatures of both States shall have ciation and the two commissions hereinafter named, so that the authorized the commission to proceed with the proJect outlined in location and the setting of the association's building wlll conform its specia.I report thereon. · · · to the plan prepared by the National Capital Park and Planning "In witness whereof, this 1st day of July, anna Domini, 1931, Comm.1ss1on and approved by the National Commission of Fine Gi1ford Pinchot has affixed his signature hereto as Governor of the Arts for the treatment of that area, and in the construction o! Commonwealth of Pennsylvania and caused the great seal of the said building the said association shall take such steps as are nec Commonwealth to be attached hereto. essary to insure the safety of existing sewers and sewer appurte "[SEAL.] GIFFORD PINCHOT, nances: Provided, That the American Pharmaceutical Association " Governor Commonwealth of Pennsylvania. agrees, contemporaneously with the above transfer to it to trans "And on this 1st day of July, anna Domini, 1931, the New Jersey fer to the United States of America title to a strip of l~nd owned Interstate Bridge Commission by its members, pursuant to law, has by said association, 17 feet -in depth along Twenty-third Street for signed this agreement for and on behalf of the State of New the purpose of widening said street as an approach to the Lin~oln Jersey. - Memorial: Provided further, That the design of the said associa .. JoHN B. KATES. tion's building shall be such as to be approved by the National f " AllTHUR C. KING. Commission of Fine Arts, and its use shall be llmited to organiza. "THOMAS J. S. BA1tLOW. tio~ and institutions serving American pharmacy on a nonprofit .. BARTON F. SHARP. basiS. ! . " ALFRED CooPER. .. FRANK L. SUPLEE. • The amendments were agreed to . " LUCIUS E. H.mEs. 14 The joint resolution was ordered to be engrossed for a • I. NORWOOD GRISCOM. third reading, read the third time, and passed. "Witnesses: "DAvm J. SMYTH. MRS. J, J. BRADSHAW "JOSEPH K. COSTELLO. .. T. HARRY RoWLAND." · -The bill .(S. 3095) for the relief of Mrs. J. J. Bradshaw Now, therefore, be it was considered. The bill had been reported from the Com Resolved, etc., That the consent of Congress is hereby given to mittee on Claims with amendments, on page 1, line 4. to the aforesaid compact or agreement, and to each and every term strike out " Mrs.," and in the same line after the name and provision thereof: Provided, That nothing herein contained shall be construed to atfect.1mpair, or diminish any right, power, or "Bradshaw," to insert the words" and Addie C. Bradshaw," Jurisdiction of the United States or of any court, department, and, in line 9, to strike out the -word "she" and insert board, bureau, officer, or official of the United States, over or in re "Addie C. Bradshaw/' so as to make the bill read: gard to any navigable waters, or any commerce between the States or with foreign countries, or any -bridge, railroad highway, pier, Be it enacted, etc., That the Secretary of the Treasury be, and wharf, or other.facllity or improvement, o.z: any other person, mat he hereby is, authorized and directed to pay J. J. Bradshaw and ter, or thing, forming the subject matter of the aforesaid compact Addie C. Bradshaw. out of any money in the Treasury not other ·or agreement or otherwiSe atfected by the terms thereof: And pro wise appropriated. the sum of $897 in full settlement of all clalnis vided further, That the right to alter, amend, or repeal this reso against the Government for hospita.I and medical expense.s and lution or any part thereof is hereby expressly reserved. physical pain and suffering due to an mjury Addie C. Bradshaw received by being struck by a United States naval ambulance 1n The preamble was agreed to. the city of Norfolk, Va., on or about September 10, 1927. CLOSING UPPER WATER STREET, DISTRICT OF COLUMBIA The amendments were agreed to. The joint resolution '4606 CONGRESSIONAL RECORD-SENATE FEBRUARY 24 The bill was. ordered to be engrossed for a third reading, 1n the line o! duty: Provided.- further, That no back pay, allow- . read the third time, and passed. ances, or emoluments shall become due a.s a result of the-passage The title was amended so as to read: "A bill for the relief of this act. BILLS PASSED OVER of J. J. Bradshaw and Addie C. Bradshaw." The bill DAVID J. MAHONEY, RETIRED suspecting that one of the superior officers detected them, The bill (8. 879) authorizing the Secretary of the Navy to they withdrew. A few days later an investigation was made advance on the retired list of the Navy David J. Mahoney, and the authorities of the academy dismissed these young retired, to chief boilermaker, retired, was considered by the men from the institution. Senate and was read, as follows: One of the young men is from my own State. The other, incidentally, happens to be the son of a minister who is Be it enacted, etc., That the Secretary of the Navy is hereby authorized to advance on the retired list of the Navy David J. now living in Georgia, but who at the time lived in the Mahoney, boilermaker, retired, to the rating of chief boilermaker State of Florida and formerly in ·Texas. (permanent appointment) , retired, with the pay and allowances The record of the young men was creditable except for of that rating: Provided, That no bounty, back pay, pension, or allowance shall be held to have accrued prior to the passage of this incident. The committee went rather thoroughly into this act. the matter of dismissal of midshipmen because of breaches of discipline; and we found that in this case the punishment Mr. WALSH of Massachusetts. This bill is recommended could not have been more severe if the young men had been favorably by the department. The report from the Navy accompanied by these young ladies to their rooms, and Department, if read, will indicate the justice of tl:is legis had entertained them in their own private quarters. Such lation. an act has long been recognized as adequate cause for the The bill was ordered to be engrossed for a third reading, dismissal of midshipmen. read the third time, and passed. There is another offense in which young men at the RETIREMENT OF ACTING ASSISTANT SURGEONS OF nrE NAVY academy indulge which is known as " taking French leave/' The bill (8. 894) directing the retirement of acting assist which means that after 10 o'clock at night, when every ant surgeons of the United States Navy at the age of body is supp-osed to be in bed, the young men dress, get out 64 years was considered by the Senate and was read, as of their rooms, jump the wall, go into town, remain out follows: · for several hours, come back and return to their rooms. Be it enacted, etc., That acting assistant surgeons of the United If they are detected-and there have been ·several cases of States Navy who, on the date of the passage of this act, have the kind-the punishment is to be sent to the " jug " for reached the age of 64 years shall be placed on the retired list of one month. the Navy with pay at the rate of three-fourths of their active-duty pay. The Senators who reviewed this case felt that punishment by dismissal for a " stunt " by two young men of taking into Mr. KING. Mr. President, does the Senator from Massa the mess hall, on the impulse of the moment, two young chusetts think that that is wise legislation? girls whose reputation was beyond question-there is not Mr. WALSH of Massachusetts. Mr. President, this is a the slightest question about their being young ladies of bill about which there can be very wide difference of opinion. good family and of good moral character-was too severe, There is this to be said about it, though, and I think if I in view of the policy of the academy of only giving a review the facts the Senator will agree with the action taken month in the brig to midshipmen who deliberately plan and by the committee: work out how they can sneak out, get over the wall, go into There are two acting assistant surgeons in the United the town of Annapolis, go to dances, enjoy themselves, and States Navy who are physically disabled. They have reached get back. We felt that that is a:n offense that is certainly the age of 64 years. One of two things can be done: The as serious as this. Navy Department can keep them on the pay roll and allow Because of the good record of these young men, the good them to draw their salaries,· though physically disabled and character -ef the young ladies, the fact that it was largely a really unable to do their work as acting assistant surgeons. school stunt, and the fact that it had been done before but The other course is- nobody bad been caught, the committee felt that these boys Mr. KING. Mr. President, will the Senator permit an could not be charged with anything approaching moral tur interruption? pitude, or anything that was of such a serious nature as to Mr. WALSH of Massachusetts. Yes. brand them, whenever they seek to take a civil-service ex Mr. KING. This is not a general law, then? It merely amination or whenever they seek to obtain a position in takes care of two specific cases? afterlife, as having committed an offense so serious that · Mr. WALSH of Massa.chusetts. That is all. they were dismissed from the Naval Academy. Mr. KING. I have no objection. One of these boys does not intend to return to the Naval Mr. WALSH of Massachusetts. And may I say to the Academy. I doubt if either of them will do so. Both of Senator that it is with the understanding that when they them immediately entered school elsewhere, one in the are retired no other acting assistant surgeons will be em school of technology in Georgia; Georgia Tech, and the played to take their places. It is really a humanitarian bill. other entered Massachusetts Tech. They have made excel The bill was ordered to be engrossed for a third reading, lent school records, but they and their families are sensitive read the third time, and passed. about this matter. They do not want to carry through life LAWRENCE L. MYATT AND MILLERS. BURGIN the charge of having been dismissed from the academy be The bill (S. 30511 to reinstate Lawrence L. Myatt and cause on one Sunday afternoon, when two girls stumped Miller S. Burgin as midshipmen in the United States Naval them by asking, "Take us into the mess hall," on the spur Academy was announced as next in order. of the moment, they brought these young ladies who had Mr. REED. Mr. President, this bill is to reinstate two visited them at the academy Sunday afternoon into the young men who were deservedly dropped from the Naval mess hall. We have provided in this bill that the young men Academy for smuggling two girls into the cadet mess. may resign if the bill is enacted into law giving them per We would not report out such a bill·as this from the Mili mission to reenter the academy. Let me add that the mental tapr Affairs Committee. It seems to me that to cancel dis anguish these young men have suffered has been in itself a ciplinary action by special act of Congress is destructive of severe punishment. all discipline. I would rather not let the bill pass without Mr. CONNALLY. Mr. President, do I understand that the a full explanation from the chairman of the committee, or bill does not restore them to the academy? from the Senator from Massachusetts. Mr. WALSH of Massachusetts. It does restore them to Mr. WALSH of Massachusetts. Mr. President, these two the academy, but they have permission to resign if they see young men were duly appointed to the Naval Academy, and fit. in their second year of schooling they committed a serious Mr. CONNALLY. Suppose they do not resign. breach of discipline. On one Sunday evening they brought Mr. WALSH of Massachusetts. Then they can go to the into the mess hall two young ladies, in the nature of a stunt, academy; but I have reason to believe that one of these having first put upon them the blouses of midshipmen. young men in all probability will not reenter the academy. After they arrived at one of the tables in the mess hall, He desires his record of dismissal removed. We of the Naval .I 4612 CONGRESSIONAL RECORD-SENATE FEBRUARY 24 Affairs Committee do not think the breach of discipline suffi report of the Secretary o! the Navy, who is opposed to the cient to justify branding these young men for life with a enactment of this bill. He says: record of dismissal from the Naval Academy. Midshipmen Myatt and Burgin, who were equally responsible, Mr. CONNALLY. To whom will they be charged? One knew the seriousness of the offense committed. They did. it delib erately and apparently with the intention of flouting the authori of these young men is from my State. ties. Even before the matter had· been brought to the attention Mr. WALSH of Massachusetts. Yes. of the Superintendent of the Naval Academy he received several Mr. CONNALLY. How does it affect the record as to the telegrams from Congressmen, Senators, and others, urging clem quota? · ency. In addition, efforts were made by these young men to have Mr. WALSH of Massachusetts. It bas no effect upon that. the naval authorities influenced through the daily newspapers ?Jlelr conduct throughout the whole affair was such as to mak~ Mr. CONNALLY. Is the Senator sure of that? The de 1t most apparent that tlley are not desirable material for mid partment indicates to me that if they should be restored shipmen. ·be they would deducted from the quota. Do w~ want Na~y officers or Army officers who undertake Mr. WALSH of Massachusetts. · From the personal ap to ove1!1de the act10n of their superiors by appeals to Repre pointment quota of the Senator who appointed them? sentatives a~d Senators and newspapers? I say we do not Mr. CONNALLY. Yes. ~ant them m the Army, and I do not think we want them Mr. WALSH of Massachusetts. I think perhaps that is m the Navy. true. I ask the Senator, however, in view of what I have Mr. BRATTON. Let the bill go over. said, whether he does not think that this is a case for ~· WALSH of Massachusetts. Mr. President, if I may , clemency? It is not so serious, at least, as many cases we say Just one word before the bill goes over. It is only fair could conceive of. I refer to one· that has been acted upon to say that there was great agitation in the school about the by the academy with which we are in full accord; namely, dismissal of these boys, that their classmates felt very sorry that the moment young ladies are taken beyond the mess for them and were very strongly opposed to the action hall into private quarters, that means dismissal. We agree of the authorities. I think the Senator from New Jersey that that is a sound policy; but if these boys had done even [Mr. KEANJ will agree with me that we thought that there that they could not have received a more severe punishment. was some slight personal feeling on the part of some officers The Senator from New Jersey [Mr. KEAN] has given a good deal of time to this case. Both be and I were on the and ~~a~ part of the personal feeling was due to a feeling committee of visitors to the academy. We talked the matter of cr1t1c1sm because some similar stunts had been carried on not detected, a~d talked generally among the boys. We felt over with the authorities there; and while they feel that we the officers in charge lost the sense of impartiality that ought to uphold them in the decision they have made, I should have been exercised. The young men were willing think they would not consider favorable action by the Con to be demoted for a year or given any other severe punish gress on this bill as tending to lessen their authority or to ment other than dismissal. indicate we favor laxity in discipline. . The PRESIDING OFFICER. The bill is being considered It is true there was a great deal of protest on the part of under the 5-minute rule. The time ·of the Senator from the classm~tes of these young men and in the community · Massachusetts has expired. a~ Annapolis because of the severity of the punishment. This Mr. WALSH of Massachusetts. I ask unanimous consent did not help the case, unfortunately. But the boys were not to continue the consideration of the bill before the Senate responsible for the protests of their friends and classmates. Naturally, they appealed to the Senators and. Representa for five minutes more. tives who appointed them for clemency. . The PRESIDING OFFICER. Without objection, that may I will say that, so far as we were able to observe, the con be done. duct ~f the young men was all one could expect under the Mr. WALSH of Massachusetts. One of the reasons for circwnstances, and if, there was personal feeling it was on this severe action was that the authorities of the academy both sides. · ·wanted to stop a practice that had been going on up there SEVERAL SENATORS. Regular order\ not a common practice, but something that bad happened Mr. FLETCHER. ~.President, if I may say just a word, before-and that very thing, unfortunately, was in part the I met both these young me~ They are perfect gentlemen, inducement for these boys to do what they did. They knew high-class young men in every respect, splendid material it had been done before. Therefore there was a failure to for the Navy. appreciate its seriousness. The committee thought it was My objection to this procedure is that the punishment was pretty hard to have the first two that were detected given too severe. I will grant that they might have been given this severe penalty. some punishment-put on board ship for 10 days, or some Mr. KEAN. Mr. President-- thing like that-but to dismiss them entirely and ruin their Mr. WALSH of Massachusetts. I yield to the Senator careers is simply too harsh. I think they ought to be re from New Jersey. stored. I quite agree with what the Senator from Massa Mr. KEAN. We went into this matter very carefully with chusetts has said. the officers. These boys were nice boys. They stood well. What happened was that these boys drove in an automobile The PRESIDING OFFICER. Under objection, the bill will with these girls down to the academy and one of the girls be passed over. said to them, "I dare 1ou to take me into the mess hall." BILLS PASSED OVER They had heard that other girls had gone in. The boys The bill RIO GRANDE PROJECT Mr. KING. Mr. President, would it prevent the purchase The joint resolution ., 4616 CONGRESSIONAL RECORD-SENATE FEBRUARY 24 The title was amended so as to read: "A bill to authorize act to regulate the construction of bridges over navigable waters" the Secretary of War to convey to the State of Arizona a approved March 23, 1906. ' portion of the National Guard target range near Phoenix, SEc. 2· That the right to alter, amend, or repeal this act 18 hereby expressly reserved. Ariz., for use as a bur.ial plot." PROPOSED ANTI-INJUNCTION LEGISLATION PECATO~""ICA RIVER BRIDGE AT HARRISON, ILL~ The PRESIDING OFFICER. The hour of 2 o'clock hav The bill (H. R. 8163) granting the consent of Congress to ing arrived, the Chair lays before the Senate the unfinished the State of Tilinois to construct, maintain, and operate a business, which will be stated. free highway bridge across the Pecatonica River at Harrison, The CHIEF CLERK. The bill (S. 935) to amend the Ju in Winnebago County, State of lllinois, was considered, dicial Code and to define and limit the jurisdiction of courts ordered to a third reading, read the third time, and passed, sitting in equity, and for other purposes. as follows: Be it enacted, etc., That the consent of Congress is hereby DIVERSION OF WATER FROM NIAGARA RIVER granted to the Sta~e of illinois to construct, maintain, and operate Mi-. WAGNER. Mr. President, I am going to take the a free highway bridge and approaches thereto across the Pecatonica liberty of interrupting the discussion of the pending un River at a point suitable to the interests of navigation at Harrison, Til., in section 14, township 28 north, range 11 east, fourth princi finished business long enough to make a statement upon a pal meridian, in accordanc~ with the provisions of an act entitled matter in which the people of my State are vitally inter "An act to regulate the construction .of bridges over navigable ested, as is also the Senate, I believe. waters," approved March 23, 1906. Mr. President, on the 28th day of January, 1932, the Sen SEc. 2. That the right to alter, amend, or repeal this act is, hereby expressly reserved. ate agreed to a resolution I submitted calling upon the Federal Power Commission to advise the Senate of its action, KANKAKEE RIVER BRIDGE AT MOMENCE, ILL. together with its reasons for such action, on the application The bill (H. R. 8171) granting the consent of Congress to of the city of Lockport for a preliminary. permit covering the State of Illinois to construct, maintain, and .operate a 275 cubic feet of water per second on the Niagara River. free highway bridge across the Kankakee River at Momence, The commission has responded by transmitting to the Sen iil Kankakee County, State of illinois, was considered, ate its opinion in this matter, which has been printed as ordered to a third reading, read the third time, and passed, Senate Document 10. I have read the opinion; I have as follows: examined the statutes which govern this situation, and I am Be it enacted, etc., That the consent of Congress ·ts hereby satisfied, Mr. President, that ~he Senate ought not to let granted to the State of lllinois to construct, maintain, and operate this matter rest where it is. We should at least become a free highway bridge and approaches thereto across the Kankakee River at a point suitable to the interests of navigation at Momence, aware of the policy which is embraced in the opinion of the Til., in townshio 31 north, between section 24, range 13 east, a.nd commission. If we choose to approve the policy of the com section 19, range 14 east, third principal meridian, in accordance mission, let us do so deliberately. Should we disapprove it, with the provisions of an act entitled· "An act to regulate the we ought to take action before the present decision congeals construction of bridges over navigable waters," approved March 23, 1906. into precedent and precipitates into vested rights. SEc. 2. That the right to alter, amend, or repeal this act is A brief recital of· history is necessary in order to under hereby expressly reserved. stand the subject of the controversy which the commission FOX RIVER BRIDGE AT ALGONQUIN, ILL. has decided. The bill : •• "I .' .. ( ; 1932 CONGRESSIONAL RECORD-SENATE 4625 ALLEN A co. v. sTEELE ET AL. policy thus set forth. Incidentally it ought to be said, I very gen~rously gave their time and gi'eat ability to the com:.. think, in all fairness, that in every one of the cases where a mittee in drafting this measure; a man who speaks coolly, "yellow-dog" contract was upheld there was no law on the has a judicial mind, is calm, and when he discusses a subject statute books limiting the jurisdiction of the Federal courts does it dispassionately. as this bill will limit it in that kind of cases. As to the In this memorandum he states, referring t-a section 4: Federal courts below the Supreme Court-and I am speak This section does not legalize strikes under any and all circum· ing of them-we can not only limit their jurisdiction in stances. It does not provide that the acts enumerated are always equity cases, but we can limit their jurisdiction in law cases lawful but only that these acts shall not be prohibited by injunc tion; nor does it even prohibit injunctions against every sort of as well. They have no jurisdiction except what is given to a strike. On the contrary, this section applies only to disputes them by the laws of Congress. - involving the same industry, trade, craft, or occupation, or the Mr. BLAINE. Mr. President~ let me suggest at this point same employer, or the same union, and only to persons partici that there is some difference of opinion respecting the ques pating and interested in such disputes. This is, thus, a Umita· tton upon the use of injunctions in labor cases to prevent such tion of making a contract invalid under all circumstances orders from being used to prohibit or cripple strikes in cases in and of making a contract unenforceable under certain which there is a bona fide dispute in which the participants have circumstances. I was discussing the proposition that the an economic interest, direct or indirect. bill proposes to make the " yellow-dog " contract unenforce If this is thought too broad, it need only be recalled that able by any injunctive process. I do not care at this time to the corresponding clauses in the Clayton Act have no such enter upon _the other ques-tion, because I think it may con limitations, and yet the Supreme Court has never held these fuse the issue. I am perfectly frank in making that sug clauses to be unconstitutional. gestion. SECTION 5--<:0NSPIRACIES Mr. HEBERT. Mr. President, knowing as I did that the Section 5 deals with the question of conspiracy. It has Senator did not want to misstate the provisions of the bill, become alinost the universal practice for complainants in I felt I ought to call his attention to the provision to which labor disputes to allege a conspiracy, a combination, a I have referred. blanket conspiracy and combination, an indefinite thing Mr. BLAINE. I thank the Senator. I was speaking of allegations lacking specifications but intended to bring into my conception of what may be legally done respecting the the case every possible suggestion or -move made by every injunctive process notwithstanding the decision in the Hitch single person, singly or collectively, in any labor dispute. man Coal & Coke Co. case. The purpose of section 5 is to carry out a common-sense Mr. WAGNER. Mr. Presiden~ view. If a thing done by an individual is lawful, how can The PRESIDING OFFICER. Does the Senator from Wis you make out of that thing something vicious or criminal consin yield to the Senator from New York? when two or more persons do the same thing? Mr. BLAINE. I yield. Mr. President, discussing sections 4 and 5 together, I de Mr. WAGNER. I was going to suggest that I have a sire to call attention to the fact that no decision of the perfect right, without violating any law, to make an agree United States Supreme Court has ever asserted that work ment with a minor, but I can not enforce it. There is the ingmen may be enjoined from quitting work. That would distinction. It is not an illegal contract, but it is unen amount to involuntary servitude, and only in comparatively forceable. rare cases have even the most extreme of injunction judges Mr. BLAINE. Mr. President, I want to avoid entering gone that far. It has become customary, however, to enjoin upon a discussion ·of the police power of the States. I am labor unions and labor-union officials from calling strikes, afraid that if I were to undertake such a discussion at this from paying strike benefits, and from assisting the strikers time I would at once find myself in a position where I must in any manner. recognize that there is certain power reserved to the There are a considerable number of cases, however, in States respecting public policy under the police power, but ~hich courts have recognized that such prohibitions against I do not think that question -is -here involved. I do not unions and ·union officials really amount to a denial of the want now to discuss that question. I prefer to adhere to right of the workmen to strike, an indirect but none the less that which is the broad purpose of this bill, to prevent under effective method of preventing them· from quitting work. injunctive proceedings the abuses which have been outlined (Thomas v. Cincinnati R. R. Co., 62 Fed. 803 at 817; Wabash in the debate up to this point. R. R. Co. v. Hannahan, 121 Fed. 563; Delaware, Lackawanna The whole purpose of my discussion is intended to go to & Western R. R. Co. v. _Switchmen's Union, 156 Fed. 54; the proposition that under our form of government we ought Barnes v. Berry, 157 Fed. 883; Kemp v. Street Railway Em to operate as a government by law through the executive, ployees, 99 N. E. 389.) It is this view which has been legislative, and judicial departments, instead of under adopted by the committee in sections 4 and 5. The right taking to function as a government in relation to law to strike is a necessary concomitant of the full freedom of and order and the settlement of disputes between citizens association, self -organization, and designation of repre of the country, by way of harsh and unconscionable methods sentatives of their own choice, which is declared in section which have been resorted to through injunctive processes. 2 to be the public policy of the United States. The right I want it understood that to that extent I am discussing to quit work, if it is to be more than a mere paper right, -this bill, and I do not want to engage in a debate reSpect in turn carries with it the right to ask and receive the ing the reserved powers of the several States to determine advice of union officers, to receive strike benefits accumu what their public policy shall be. In my opinion, the Gov lated for this very purpose, to advise others of the facts in ernment of the United States can say what its public volved in the dispute, and everything else which sections 4 policy shall be with respect to conferring power and juris and 5 provide shall not be prohibited in any injunction in diction upon equity courts. volving or growing out of a labor dispute issued by any INJUNCTIONS AGAINST STRIKES Federal court. Proceeding, Mr. President, to section 4, it provides among Section 6 is to extend the sound law of agency which other things that the Federal courts are prohibited from prevails in all other business transactions to the officers, the issuing any injunctions enjoining workmen from striking, members, the agents of organized labor. or from making their strike effective by peaceful means. In addition to these provisions relating to the content of They are also prohibited from issuing injunctions to pre injunctions this bill in section 7 sets forth the procedure vent labor unions from supporting and assisting their mem to be followed in labor-injunction cases. These provisions bers on strike, as bas often been done in Federal injunctions are designed to reach the abuses which have grown up in in recent years. the issuance of injunctions. I will not recite these proce I desire to quote from a memorandum-! do not know dural changes in detail but will only call attention to a few whether the committee has had access to this memorandum of them. or not-prepared by Dr. Edward E. Witte, of my State, an This bill will curb the issuance of injunctions without authority upon all labor questions, and one of the men who notice. It does not altogether prohibit the issuance of in- 4630. CONGRESSIONAL RECORD-SENATE FEBRUARY 24 junctions in labor disputes without notice ~ to the adverse: is a crime as truly as any other crime and was formerly party, but it does provide that such temporary restraining and for that matter still is in England, indictable as aey order~ _shall be issued only in great emergencies and upon other offense and tried in the same manner. The United proof which, if sustained upon a hearing, would be sufficient States Supreme Court has held constitutional the provisions to warrant the issuance of an injunction. It further pro of the Clayton Act which give a right of trial by jury to vides that all restraining orders shall be void after five days, persons charged with contempt, if the acts upon which this instead of merely providing, as does the present law, that charge is premised also constitute another crime. In view they shall be returnable in 10 ~ays and may be renewed. of these decisions I have no doubt that the court will sus . As I recall, that is the provision of the Clayton Act. tain j~ry. trial ~ all cases of indirect criminal contempt, Fmally, before such an order may be issued the complainants and this IS what IS provided for in section 11 of this bill. must furnish a bond sufficient to indemnify the defendants GENERAL EFFECT OF THE BILL against any loss and expense, including their costs and at torney's fees, resulting frpm the issuance of the temporary Mr. President, in closing I want to make some general restraining order if it is not sustained after a hearing. observations. I know that the:re are doubtless some 1abor Yet more important are the provisions relating to the people who are a little disappointed in this bill. Doubtless proof upon which injunctions and restraining orders may be there are some labor people who entertain considerable issued. Before any such order can be issued the court must disappointment. Some would like to have a . bill under find that unlawful acts have been committed by the defend which no more injunctions could be issued in labor disputes. ants and are likely to be continued; that substantial and The trouble with any bill that could be drawn along these irreparable injury to the complainant's property will result lines is that it would be construed to have no effect whatso therefrom; that as to each item of . relief sought greater ever. The injunction question is. far too complicated to be injury will result to the complainant if relief is net granted solved by any simple formula. In many respects this bill than will be .caused to the defendants by the denial of such particularly in its provisions affecting substantive law, ~ relief; that there is no adequate remedy at law· and that the not .as broad as were the labor provisions of the Clayton Act. public officers charged with the duty of protecting the prop ~nlike that act, however, the provisions of this bill are spe erty are unable or unwilling to do so. It is further pro cific and not capable of several different interpretations vided that no injunction is to be issued to any employer This bill can not. be construed, as was the Clayton Act, t~ who has failed to live up to all requirements imposed upon ~ake no change m the law. The courts will either have to him by law with reference to such dispute, or who has failed g1ve effect to the several provisions in this bill or hold them to make every reasonable effort to settle the same. unconstitutional. This alone is worth a great deal more That provision is contained in section 8. Section 8 does than any number of nice rhetorical phrases which have no nothing more than to give life and potency to the ancient certain meaning; and which can be interPreted as being maxim-as ancient as is the origin of equity-that " He merely a statement of the common law as construed by the who seeks equity must do equity." He must come into cmut courts. This bill, moreover, is not only definite but goes as with clean hands. 'Plat principle has been laid down as fa: as Congress can constitutionally go in this matter. Any a sound principle to be observed in labor injunction cases thmg beyond these provisions would probably be held uncon stitution.al, while everything in this bill, in my opinion, will by the supreme court of my State: be sustamed. Mr. President, the court must not only be satisfied on all of these points, but it must make and enter findings of fact Nor can there be any doubt that if this bill becomes law to this effect. This will eliminate injunctions without any and is sustained it w~ll effectively check the abuses that thing to show why they were issued and will make it pos have grown up in the issuance of injunctions in labor dis sible to get redress upon appeal, if the trial court errs as to putes by the. Federal courts. The procedural changes pro the law or the facts. To the same end it is provided that posed alone will make resort to injunctions in labor disputes the record in any labor-injunction case shall forthwith be infrequent and will render certain that the working people certified to the circuit court of appeals, upon the request of will have a fair deal in the courts. This is why this bill is either party, and shall have preference over all other cases being b~tterly attacked by the League for Industrial Rights, in the circuit court of appeals except older causes of the the Nat10nal Manufacturers' Association, and similar organi zations. This bill is not only a sincere attempt to prevent same kind. the abuse of injunctions in labor disputes and to solve the The last two provisions are found in sections 9 and 10. injunction question but is the most promising attack that Then there are provisions to insure a real hearing and to has ever been made upon this problem, which has agitated place the court in possession of all the facts. It is reqlrtred the country for more than 30 years and was never more that notice of the application for an injunction be per acute than at present. sonally served upon the known defendants and not upon attorneys assumed to represent them, or by telephone. Like MI. HEBERT. Mr. President, I was requested to announce wise, notice must be given the police authorities, so that the that the senior Senator from Colorado [Mr. WATERMAN], who court can examine them as to the need for an injunction is absent from the Senate on account of illness, would have and the reasons why they are unable to furnish protection subscribed to the minority report which has been filed on to the property. Then it is provided that before an injunc Senate bill 935, the so-called anti-injunction bill, which has tion may be issued the witnesses must be examined in open been the subject of discussion by the Senator from Wiscon court, with opportunity for cross-examination, to eliminate sin this afternoon. the great evil of injunctions issued upon affidavits, often Mr. NORRIS. Mr. President, if the Senator will permit, made by professional affidavit makers. my recollection is that, at least, as far as the majority report JURY TRIAL was concerned, it was generally understood, in fact, well I shall now discuss the bill without the suggested amend known in the committee, that the Senator from Colorado ment to strike out the words" indirect criminal," as I choose was against that. Nobody, therefore, had classified him as being in favor of the majority report. It has always be·en to follow the original bill on that proposition, at least pres ently. I may change my opinion about it before the debate conceded that he was opposed to that, at least. closes. Anyway, eliminating that question, this bill accords Mr. HEBERT. Mr. President, I did not take upon myself the right of trial by jury to all persons charged with indirect the making of this statement, although I knew the attitude of the ·senator from Colorado. I made the statement at his criminal contempt, not only in cases growing out of labor disputes but also in all other injunction cases. This is a request. most valuable check upon the abuse of injunctions, as all -m:sTR.IBU'l'ION OF GOVERNMENT-OWNED WHEAT who are fighting any attempt to limit injunctions in labor Mr. NORBECK. Mr. President, from the Committee on cases have recognized by opposing jury trial for contempt. Agriculture and Forestry, I report favorably Senate Joint The right of trial by jury is guaranteed by the Constitution Resolution 110, authorizing the distribution of Government to all persons accused of crime~ A 1:riminal contempt owned wheat by the American National Red Cross and other .1932 CONGRESSIONAL RECORD-SENATE 463i organizations for relief of distress, and I submit a report that could give quick service-2,000,000 bushels grain within three weeks. We are beyond the point of pl~ading and do demand NOMINATIONS NEBRASKA l ) Executive nominations received by the Senate February 24, Mary L. Simmons, Bloomfield. 1932 Elva J. Fitzgerald. Elm Creek. REGISTER OF THE LAND OFFICE Dollie W. Hyndshaw, Thedford. J. Lindley Green, of Alaska, to be register of the land office George F. McMullen, Walthill. at Anchorage, Alaska.