-·
\ atnngrtssinnal Jrcnrd. \ PROCEEDINGS AND DEBATES OF THE SIXTY-SEVENTH CONGRESS SECOND SESSION.
SENATE. REMISSION OF DUTY ON CHURCH BELLS .. 1\Ir. CURTIS. I report hack favorably from the Committee - ~fo"NDAY; F ebrua1-y 6, 19~~. on Finance, without amendment, the bill (S. 1610) to remit the duty on a carillon of bells to be imported for the Church of Our ( Legi.slati1:e day of Friday, Februat·y i$, 1922.) Lady of Good Voyage, Gloucester, Mass:, and I submit a report The Senate met at 11 o'clock a. m., on the expiration of the (No. 481) thereon. recess. ~lr. LODGE. I ask unanimous consent for the present con l\Ir. JO~'E of Wa ·hington. I move that the Senate take a sideration of the bill just reported by the Senator from Kan recess until 1 o'clock. as. It is a very small matter. The VICE PRESIDENT. The question is on agreeing to the The VICE PRESIDENT. The Secretary will read the bill for motion. the information of the Senate. The motion was agreed to ; and the Senate took a recess until There being no objection, the bill was read and. considered 1 o'clock p. m., at which hour it reassembled. as in Committee of the Whole, as follows : Be it enacted, etc., That the Secretary of the Treasury be, and he is REPORT OF CHE. APEAKE & POTOMAC TELEPHO "E CO. hereby, authorized and directed to admit free of duty a certain carillon of 25 bells to be imported for the Church of Our Lady of Good Voyage, The VICE PRESIDENT laid before the Senate a communica Gloucester, Mass. tion from the president of the Chesapeake & Potomac Telephone Co., of ·washington, D. C., transmitting, pursuant to law, the The bill was reported to the Senate without amendment, report of that company for the year 1921, which was referred to ordered to be engrossed for a third reading, read the third time, the Committee on the District of Columbia. and passed. RECLASSIFICATION OF CIVILIAN E::UPL01.'EES. CONFERE CE ON LIMITATION OF ARMAMENT. l\Ir. STERLING. Mr. President, from the Committee on Mr. HALE (for llr. FnELiNGHUYSEN) presented a concurrent Civil Service I report back favorably with amendments the bill I f . re ·olution of the Legislature of New Jersey, which was referred (H. R. 8928) to provide for the classification of civilian posi to the Committee on Foreign Relations, as follows: tions within the District of Columbia and in the field services .. HOUSE OF ASSIIlMBLY, I desire to say in this connection that on to-morrow, or at the Neto Jersey. latest the next day, I expect to present a written report to Concurrent resolution congratulating the President of the United States ripon his achievement in the promotion of world peace by the calling accompany the bill. of the Conference for the Limitation of Armaments. Further, I may say that when the reclassification bill (S. 13), Whereas the President of the United States has invited the chief na- together with the Smoot reclassification bill, was referred to tlons of the earth to a Conference on the Limitation of Armaments; the Committee on Civil Service of the Senate it was with the an LXII-~136 2155 2156 CONGRESSIONAL RECORD-SENATE. FEBRUAR,Y 6, By .lr. McNARY: GRICULTURAL ABSOCUTIO~S. A bill (8. 3120) providing for the deportation of aliens con The Senate, as in Committee of the Wbole, resumed the con· victed of unlawful possession of or traffic in drugs or narcotics ; sid~r.ation of the bill (H. R. 2373) to authorize association of to the Committee on Immigration. producers of ttgricultural products. By :Mr. STANFIELD : The VIOE PRESIDENT. The Senator from Montana [Mr. A bill (S. 3121) authorizing the exchange of lands within or WALSH] is entitled to the floor. contiguous t<> the Malheur Natienal Forest, in the State {)f 1\lr. CURTIS. Mr. President, I suggest the abs nee of a quo Oregon, and for other purposes ; to the Committee .on Public rum. Lands and SurTeys. The VICE PRESIDENT. 'rhe Secretary will call the roll. By Mr: WARREN: A bill (S. 3122) granting an increase of pension to Lola 0. The reading clerk called the roll, and the following Senators Crawford (with accompanying papers) ; to the Committee on answered to their names : Ashurst France 1\fciD.nley Shields Pensions. Ball Gerry McNary Shortridge By Mr. KING: Borah Glass Moses Smoot A bill ( S. 3123) to amend section 1 of the act entitled "An Brandegee Hale Nelson Spencer Broussard Hru.Teld Newberry Stanfield act pronding for the :location and purchase of public lands for Bursum Harris No-rris Stanley reservoir sites," ap.Proved January 13, 1897, as amended; to Capper Harrison Oddie Sterling the Committee on Public Lands and Surveys. Caraway Heflin Overman Sutherland Colt Jones, N.Mex. Page Swanson WITHDRAWAL OF PAPERS-ARTHUR G. REED. Culberson Jones, Wash. Pepper Townsend Cummins Kellogg Phipps Wadsworth Qn motion of M1·. Ot:rr.Trs, it was Curtis Kendrick Pittman Walsh, Mont. Ordet-ed., Tha.t leav-e is hereby gunted to withdraw from th~ files of · Dial King Poin1iexter Warren the Senate the affidavits o! Barbara Reed .antl M. Newman and the .cer Dillingham Ladd Pomerene Watson. Ga. tificates _of Dr_ A. S. Gish and Dr . .'Jerome Kidder, IDed with .s. 2032, Ernst La Follette Ransdell Watson, ilnd. granting a pension to Arthur G. Reed, no adverse ·report havmg been Fernald Lenroot Robinson Weller made thereon. Fletcher Lodge Sheppard Willis THE 'MUSCLE SHOALS PLANT. Mr. DIAL. I desire to announce that my colleague {1\lr. Mr. HARRIS. Mr. PresiCle-n~ I move that the report of Sec· · SMITH] is detained on business of the Senate. I ask that this retary '\'\':eeks on the Muscle Sho~als propositi{)n whiCh was :Sent announcement may stand f()r the day. to the Honse be printed as a Senate ilocmnent and referred to · The VICE PRESIDENT. Sixty-eight Senators having an- the Committee on Agriculture and Forestry. swered to their names, n. quorum is present. ~Ir. CURTIS. I ask that this matter may go over i.or the M:r. :WALSH of Montana. 1\lr. President, at the .la t session present, beeause a Senator poke to me about it on Saturday. of the Senate I pointed out that the only substantial difference and I think he has a belief that the report ought to go to an- f between the House bill and the Senate bill arises over the ques other committee. tion of whether the Congress should expressly authorize the l\lr. HARRIS. I will ask the Senator from Kansas if there establishment of monopolies under the protection .of the statute will be any delay ab There is a further pron"IOU in both bills to the e.ffeet that Mr. NELSON. I do not want the Senator to 1mder. tanfl the organization may ·deal not only in the products of their that 'I disagree with him. members but also in that produet by whomsoe\er it may be pro 1\:Ir. POMERENE. I was quite sure the Senator ·did not, be duced. The Senator from Ohio [Mr. PouERE.''m] at the last cause I know how eminently fair he ordinarily is in all such session of the Senate inquired very :pertinently whether that matters. provision would not, for instance, permit Mr. Swift or Mr. l\fr. WALSH of 1\Iontuna. 1\IJ:. President, if tile Senator ·Armour, or Mr. Wilson, each of whom, I undertake to say, owns will pardon me, I merely want to say in this connection that a farm and raises hogs, for instance, to organize under this -pro that feature of the matter I shall can\ass a little later en. posed act and deal in the products of their own farms, and also Mr. POMERENE. I shall be very glad to have the Senator to buy extensiT'ely from other producers. I think that that could do flo. I very much favor same •remedial legislation; but, if be accomplished under the House bill. Recognizing that there the Senator will pardon me for a moment further, an of us is an evil there, and that the act might easily be abused, the realize, I think, the exactions to the so-called middleman ; and Senate bill provides that such organizations can not deal in when we are considering the question of food products we want produc.1:s other than those produced by their members to an to protect the farmer so that he may obtain a reasonable amount greateT than the amount of the products which they get price and perhaps u little more than a reasonable _price ; but from their members. So that if the three gentlemen to whom I when -we appreciate the fact that in the industrial centers refer should organize an association under this proposed law, there is now unemployment amounting to about 40 })er cent, they could ihrow the product of their own farms into the asso certainly we ought not to want the unemployed to be at tile ciation and eould put just so much more into the business, but mercy of somebody who may organize an association for the no more. purpose of exacting exorbitant prices. That is the matter l\Ir. KELLOGG. Ur. President-- which is uppermost in my mind and whlch giT'es me very great The PRESIDING OFFICER. Does the Senator from Mon concern. tana yield to the Senator from Minnesota? Mr. WALSH of Montana. 1\lr. President, that is the matter :\lr. WALSH of Montana. I yield to the Senator. to which I am endeavoring to challenge the attention of the Mr. KELLOGG. This bill would not in any way affect or Senate-the possibility of the organization of combinations un ganizations such as are mentioned by the Senator from Wash der this bill, entirely monopolistic in character, which would ington [Mr. JONES] if they were manufacturers. n they are ,exact sucb -prices .from the consumet·s, _particularly of milk, as now legal, this bill would not at all make them illegal. to bring the whole movement for cooperative marketiD.g into :llr. WALSH of Montana. Certainly not. This bill does not disfaT'or and disrepute a:nd have such a corrosive effect as to attempt to make anything illegal which i, now legal; the wipe out any statute that we may enact in relation to t he Sf'nator is quite dght about that. subject. :\lr. KELLOGG. As to the second proposition, if the Senate Now, l\lr. President, I want to call attention to tbe fact should adopt it, the amendment suggested. by the committee on that the only people who came before the committee in rela page 5 of the bill, reading- tion to this bill, other than the representatives ·Of the farm ..1 nd p~·ovidea further, That t he as ociation shall not deal in pr·oducts organizations in tbe city, were representatives of the California of nonmembers to nn amount greater in value t han such a are handled by lt for members- Raisin Growers' Associationt a confessed monopoly, and the :representatives of the milk producers' associations, who frankly would take care of the qut>stion suggested by the ~enntor from ta:ted their purpose to set up a monopoly of the supply of milk Ohio [:i.\:Ir. Po.YERE!\TE]. to the great cities of the cotmtry under the provisions of this 1\lr. WALSH of .1\Iontana. I think so. bill, if they shall be permitted so to do. 1\lr. P01\1ERE:i\"'E. Mr. President-- l\lr. Lindsay, the attorney for the California Raisin Gro'"vers' The PllESIDIKG OFFICER. Does the Senator from Mon Association, was one of the witnesses appearing before the tana yield to the Senator from Ohio? committee and I must say, in justice both to him and to the l[r. WALSH of 1\lontana. I yield. president of the association, that they came by the invitation Mr. POl\IERENE. Ju~t before the recent colloquy began the of the committee and not on their own solicitation, and like Senator from .. Iontana was discussing the question of the wise that they exhibited in the discussion of the matter before monopoly of farm products. That is a branch of this bill which the committee a fairness which was altogether commendable. iutt>rests me Yel'Y much. Of couTse, if the Senator has in mind 'l'he conclusions of the committee, as evidenced by the bill, tlle monopolization of the entire grain product or cotton prod. were not in accord with their views of what ought to be uone, uct ar potato product, then J can understand the argument of but I feel that that much is due to them for the very gentle the Senator; but on ,'aturday I called his attention to the sec-011d manly manner in which they presented their cn.se to the com section of the Sherman antitrust law, from which I quote ns mittee. foUo .v-s: ::\lr. FLETCHER. Mr. Pre ident-- Every person who ~hall monopolize, or attempt to monopolize, or :\lr. WALSH of :\fontana. I yield to the 'enator from combine or conspire with any other person or persons, "to monopolize .n ny part of tl1<: trade or commerce among the severn.! States- Florida. The Congress at t11at time did not have in mind the monopoli ~lr. FLETCHER. I want to ask the Senator if in ili. zation of nn entire product, but the monopolization of "any cussing that matter lle will consider section 2 of the bill as it 11art" of it. came from the House? 1\11·. WALSH of Montana. If the enator will pardon nw, I r",.ow, to cite a ca.·e which naturally occm·s to u~, suppose there were an attempt to monopolize the entire milk product in propose to discuss section 2 a little later on. the neighborhood of a great city such as New York or CleYelanil. 1\!r. FLETCHER. I thought perhaps section 2 might mt;>et I confess I am \ery greatly puzZled as to what ought to be done the difficulty .in the mind of the Senator from Ohio. in this matter. I am .in entire sympathy with the general l\Ir. WALSH of Montana. I think I shall be able to dei:n 4 proposition of cooperatiT'e marketing, but it is possible, if I onstrate to the complete atisfa.ction of the Senator from read this bill aright-and I am going to use an extreme and Florida that it does not at all, and that for an practic:il pur impossible case in order to illustrate wnat is in my mind--"to poses we might ~ust as well cut out section 2, as the Senate raise the price of milk to 25 or 30 cents a quart under a com bill proposes. bination. I am quite sure that neither the proponents of the Mr. POMERENE. l\lr. President, I ,,·ould extend the criti House measure here nor the proponents of the Senate commit cism which the Senator has just made to both the original bill tee substitute want a situation like that to occur, and yet it is and the substitute, as I see it. }Jossible. We .are F:eeking to legislate upon a very serious sub 1\lr. WALSH of Montana. I -was speaki11g of section 2. ject. 1\Ir. PO!\l'ERENE. Yes; J realize that. Mr. NELSO..t:r. l\lr. President, will the Senator yield to me? l\lr. ·wALSH of l\lontana. During the course of the e.~amina Mr. WALSH of .1\Iontana. I yield to the Senator from Min tion of l\lr. Lintlsay the following took place: nesota. Mr. KELLOGG. What page, if the Senator please? Mr. NELSON. Has the question ever occurred to the Senator l\1r. \VALSH of ::\lontana. I read from page 39 of tlle heaT from Ohio, if a product becomes a complete monopoly so that ings: only one concern or one combination is engaged in the trade in Senator WALSH of Montana . .Just before you go to that, Mr. Lindsay, will yon give us some concrete case in which, in your judgment, it onnection with it, by what means can the Secretary of Agricul would be advisable in the -public interest to PCt'mit tbe creation of a ture determine whether the J)rice is too high or too low? There monopoly under tbis bill. is noiJ:ling with which to compare it. He was arguing that a monopolistic org:mization under this :Mr. POl\IEllE~""E. Yes; we have things with which to com bill would be to the adYantage of the general public. pare H; we know \vhether a price of 10 cents a quart Ol' .25 )lr. LINDSA;¥. Well, yes. Of course, this i.s only my opinion, Senatar. cents a quart for milk should 11reyail; the hungry children Senator W~LSH of :Montana. That is what I am asking you for. know that. .Mr. Lrxos.u. I may be entirely wrong about it. 2158 CONGRESSIOl T ~\L llECORD-SEN \._TE. S~?nator WALSH of Montana. I want to get yout· view or it. passed so that they may be protected in the organization of such Mr. LI~DSAl". Take, for instance, the milk producers of a certain dis trict. a monopoly as that, and they undertake to defend such a Senator WALSH of Montana. Take the country tributary to tbe city monopolistic organization as a great, l>eneficient institution. of Washington, for in tance. :Mr. LINDSAY. Yes; the country tributary to the city of Washington. Mr. KELLOGG. Mr. President-- Of course, there can be no object in people associating themselves to Mr. WALSH of l\Iontana. I yield to the Senator. gether unless it is going to be in some way for their benefit. Suppose 1\Ir. KELLOGG. Does the Senator claim that the milk pro tho milk .producers of the city of Washington, in the District of Colum· bia, deemmg it to be for their best interests and for their benefit, form ducers of the •'tute of New York get an unreasonsable price themselves into an association in which they all join, in order to regu to-day? late, we will say, the milk industry here. I can not go into the de· tails of how they would be benefited by different method· of regulation. l\Ir. 'VAL H of l\lontaua. Oh, I waive that question. I It might have to do with the sanitary conditions surrounding the remember hearing a distinguished Senator arguing in the Su milk. preme 'ourt of the United States the case of the International Senator WALSH of Montana. Let us take the thing in a practical way. The States tributary arc Maryland and Virginia'! Harvester Co. for the defendant. Mr. LIKDSAY. Yes. I heard him argue that that company never exacted unreason Senator WALSH of Montana. We had a witne·· before u here who able price for it - products of the farmers of the country. I told us that the milk producer· in Virginia marketing their product in Washington have an association. It is a mere voluntary association do not know that any issue was taken upon that. It is not a for consultation and conference. They do not handle their product at question as to whether a particular corpQration ever did or all. Each of them ~ells his product to distributors in the city here. of ever hanced by reason thereof, he shall serve upon such association n com Every contract, combination in the form of tmst or otherwi~;e, or plaint stating his charge in that respect, to which complaint shall be conspiracy in restraint of commerce among the States or with foreign attached, or contained therein, a notice of hearing, specifying n day nations is hereby declared to be illegal. and place not less than 30 days after the service thereof, requiring the association to show cause why an order should not be made directing The Senator also is Yery careful in the substitute bill to pre it to cease and desist therefrom. An association so complained of may serve intact, as I understand his explanation, the antimonopoly at the time anrplacc so fixed show cause why such order should not be provisions of section 2 of that act. Having done that as to the entered. The evidence given on such a hearing shall be reduced to writing and made a part ot the record therein. If upon such hearing provisions of section 1 in reference to restraint of trade, sup the ~ecretary of Agriculture shall be of the opinion that such asso pose that the association does, in fact, enter into a conspiracy or ciation monopolizes or restrains trade to such an extent that the :price combination in the form of a trust which does unduly enhance of any agricultural product is unduly enhanced thereby, he shall 1ssue and cause to be served upon the association an order reciting the facts the price of milk-let us .say, by way of illustration, that it found by him, directing such association to cease and desist there makes fhe price of milk 25 cents a quart to the consumer-what from. remedy would exist if such a condition should prevail? Note, Senators, that he shall "cause to be served upon the Mr. WALSH of Montana. Of course, the Senator from Ohio association an order reciting the facts found by him, directing would. have first to give me the facts. It could not possibly be a such association to cease and desi'St therefrom. That is to say, monopoly, because there is an express provision in the proposed if it monopolizes or restrains trade to such an extent as to un act that it does not authorize the creation of a monopoly. If duly enhance prices, the order shall direct the association to the absence of monopoly is admitted, then there is competition "cease and desi. t therefrom." I shall go back presently to just exactly as there is now; the matter is regulated by com canvass or review what "therefrom" refers to. I continue the petition. To illustrate the point, let me take the case of the reading of section 2: Raisin Growers' Association, to which I have heretofore re ferred. That cooperative association undoubtedly has been a On the request of such association or if such association fails or neg lects for 30 days to obey such order, the Secretary of Agriculture shall great thing for the growers of raisins in the State of Califor file in the district court in the judicial district in which such association ni~; and I do not undertake to say that it has not IJeen a good bas its principal place of business a certified copy of the order and of all the records in the proceeding, together with a petition asking that thrng for the growers of raisins throughout the United States. the order be enforced, and shall give notice to the Attorney General and I simply say that a power is placed in the hands of that asso to said association of such filing. Such district court shall thereupon c~ation which ought to be reposed in no set of men, for at any have jurisdiction to enter a decree affirming, modifying, or setting aside said order, and may make rules as to pleadings and proceedings to be trme they may take advantage of the opportunity they have and had in considering such order. The place of trial may, for cause or by exact exorbitant prices. consent of parties, be changed as in other causes. However, Mr. Preilident, to illustrate, I see no reason at all, Then there is a provision for a temporary injunction pending as I stated to the president of that association, why there the appeal. s~ould ~ot be one cooperative association of raisin growers Mr. President, I hope that the Senators who are following the w1th their l1eadquarters at Fresno, Calif., where the headquar discussion will consider this provision, first, as it applies to ters Of his association were, another at Hanford, and a third the case of a monopoly ; and, second, as it applies to undue re at Sacr-amento, these cooperative raisin growers' associations straint of trade, each of them enhancing prices. It will be all competing with each other. That is the idea that I have observed that by the express terms of the bill the monopoly is as to this bill, that there shall be created a number of cooper entirely- immune; it is allowed to go on without any let or ative associations and yet not destroy the benefit of the bill. hindrance at all unless it unduly enhances prices, in which In the case of the milk producers, my idea is that under the case it may be haled before the Secretary of Agriculture. When proposed law the milk producers in the State of Virginia for it is brought before the Secretary of Agriculture, what does the instance, will Qrganize themselves into one cooperative ass~cia Secretary of Agriculture do? He finds that it is a monopoly, tion ; that the milk producers in the State of Maryland who sup we will say, for the purpose of the discussion, and he finds that ply the city of Washington will organize themselves into an it unduly enhances prices. other cooperative association, and that they will both compete When the bill which originally came before· the Senate was in supplying milk to the city of Washington. under consideration by the Judiciary Committee it was the What harm can come from such a situation as that? The opinion, I am very sure, of every member of that committee only harm can come when there is a complete monopoly of the that that meant that if the Secretary of Agriculture found that supply, and that is what the Senate bill is aimed at. I trust I a monopoly existed and that the monopoly was exacting exorbi make myself clear to the Senator from Ohio when I say I want tant prices for its product, he could determine what would be n to relieve these parties from any penalty whatever for combin reasonable price to charge for the product, fix that price and the ing for the purpose of carrying out their objects except that association would be forbidden to charge a price grea.'ter than they must not carry the combination so far as to create a that amount. monopoly. Mr. KELLOGG. Mr. President-- Mr. POMERENE. Mr. President-- Mr. WALSH of Montana. I yield to the Senator from Min Mr. WALSH of Montana. I yield to the Senator from Ohio. nesota. Mr. POMERENE. I regret that I am not able to follow the ·Mr. KELLOGG. Does not the bill clearly state, in substance Senator. that they shall cease and desist from all restraint of trade and Mr. WALSH of Montana. I am sure that is my fault. monopoly? Is there any provision in the bill which authorizes Mr. POMERENE. No; that does not follow. I want to be the Secretary of Agriculture to fix prices? able to have an understanding of the matter if I can. There Mr. WALSH of Montana. If the Senator from Minnesota may be a line of cleavage between the provisions of section 1 will be patient for a moment, I am going to try to find out if I and of section 2 of the Sherman antitrust law which I am not can, what it does mean. . ' able to perceive. Mr. President, when the subject of trusts and monopolies was Mr. WALSH of Montana. The Senator from Ohio is not a matter of public discussion in ·this country quite a good man-. alone in that, because, although it has never been difficult for years ago, it will be remembered that there were very abie me at all, I obserYe that it is difficult for a great many people. publicists and particularly business men who then insisted that Mr. POMERENE. When the Senator says he does not want the proper way to deal with the matter was to allow the great a monopoly in the production of milk he is speaking generally combinations and trusts to develop and grow as they saw fit but I am going to take it for granted that he means monopoly without let or hindrance, but that the Government ono-ht t~ as defined in section 2 of the Sherman Act which prohibits the step in and fix the prices which they should charge. I~deed monopolization of "any part" of the trade or commerce. I Mr. President, that is all that can be done. WheneYer a Gov: think we understand that; but when it 'comes to section 1 the ernment authorizes the existence of a monopoly there is nothing Senator says, "I want to relieve these organizations of any of it can do-and it can do no less-but fix the prices which such the restrictions contained in that section," which declares illegal monopoly may charge. That is what we do as to our public " every contract, combination in the form of trust or otherwise, utilities. A public utility is a confessed monopoly; we author or conspiracy, in restraint of trade." ize such monopolies; but in every case we repose in some com Assume that there has been organized in the ·city of 'Vashing mission or other body. the power to fix the prices v1hich that ton an association among the milk producers of Maryland, Vir monopoly may charge. ginia, and the District of Columbia, under that organization the 1\lr. POMERENE. Mr. President-- Senator desires to permit them to restrain trade. Of course, Mr. WALSH of Montana. I yield to the Senator from Ohio. he means to a reasonable extent; but, if they are permitted to Mr. POMERENE. Mr. President, I am very mucll inter- restrain trade, why are they not creating a monopoly of a part ested in the Senator's discussi.on. A moment ago the Senator of the trade? That is the difficulty which presents itself to my said that he sought to relieve agricultural cooperative associa mind. tions from the provisions of section 1 of the Sherman antitrust I am a little fearful that wllile the Senator is trying to pro-. law, which declares: teet the buying public hy the provision again::~t monopoly nt the 2162 CONGRESSIO AL R.ECORD-SNL\f-4-4_TE. FEBRUARY 6, 1 same time he is placing them at the mercy of the producer- when and leave the door wide open o that there can be unlimited , lle permits associations to be formed in the way indicated. It profits in fact when the profit as an individua.l are added to seems to me that it is possible, even under the limitation which the profits of the a sociation. · the Senator has placed in the substitute, for excessive prices to If I am wron.,. about that, I should like to haYe it pointed be charged. If we can do anything to minimize the cost of out to me. I have felt all the while that I wanted to favor distribution to facilitate marketing I want to help to do that; this legislation if I could, and I want to do it yet; but it ..,eems but I have observed, it seems to me-I hope I am wrong about to me that we could improve this entire situation if we had it-that in the discussion of both sides of the Ohamber we are some provision in the Senate substitute somewhat akin to" that in a way shying at the fixing of prices. It appears to me that which is in the House bill, which apparently prohibits the we are not quite candid on that subject. We talk about asso undue enhaneing of the prices. ciations for the purpose of cooperative marketing, b.ut would 1\fr. WALSH of Montana. I was going to proceed now to we not be franker and come closer to the truth if we should say discuss the reason why we did not put that provision in th"e " associations for cooperative marketing and for the fixing of Senate bill. Perhaps the Senator 'viTI agree with us when we prices to the consumer "? get through. Ur. KING. And which might stifle t1·ade and competition. I yield now to the Senator from Wisconsin. Mr. POMERENE. Which, as the Senator from Utah suggests, 1\fr. LENROOT. l\fr: President, before the Senator ge~ away . might sti:tle trade and competition. I have not come to any from this branch of the matter, I should like to know if I cor conclusion about the matter, but I think I see very gra'-"e diffi- rectly understand what I think his construction of the bills is. ' culties in the way. It seems to me, while I want to benefit the Am I correct in understanding the Senator's construction of the one element in society-and I realize what their troubles have Senate bill to be that it will permit a partial restraint of been and what their burdens have been-I do not want till trade, even though undue enhancement of price follows there necessarily to hamper the other element of society. from, but will prohibit a monopoly? Mr. WALSH of Montana. Mr. President, this is a recur Mr. WALSH of Montana. The Senator's position-and that, rence to a branch of the subject which I had left, but I am of course, is the foundation of the bill-is that the ordinary · very glad to <>'O back to it to clarify the situation if any words association of farmers in a marketing association is not an of mine can do so. undue restraint of trade. We make a legislative declaration Mr. LENROOT rose. to that effect. l\Ir. WALSH of 1\1ontana. If the Senator from Wisconsin 1\Ir. LENROOT. But if there be, as a matter of fact, an will pardon me for just a moment, I will yield to him in a few undue restraint of trade, short of a monopoly, will the Senate moments. If the Senator from Ohio will endeavor to place the substitute prohibit it? · proposition in some concrete form before me I am sure that I Ur. 'VALSH of Montana. The Senate substitute will not can give a very much more satisfactory answer to his question. proltibit it, and ·neither will the House bill, as I shall show My idea is to leave the provisions of section 2 of the Sherman presently. My contention about the matter is, though, that Act intact, to make them applicable to associations organized there will be no undue enhancement if we eliminate the monop~ , under this bill as well as to all other associations and an other oly feature, becaus~ competition will take care-of it then, just individuals. as it does now. l\'Ir. POMERENE. Mr. President-- Mr LENROO'l\ I want to ask the Senator about" that in 1\Ir. WALSH of 1\fonta.na. If the Senator from Ohio will par just a moment, after I get his construction. don me-- :r understand the Senator~s position, then, to be that if there :!\Ir. POMERENE. Certainly. be a partial restraint of trade, short of monopoly, and undue l\fr. WALSH of Montana. We have the milk producers enhancement of prices results, such restraint is held to be legal, around the city of 1Vashington ; they have associated in some and there is no remedy, while the House bill permits not only . way or other, but they have not established a monopoly. Will partial restraint of trade but complete monopoly, but if there the Senator stop to conside-r for a moment the mi1k producers be undue enhancement of price in either case it is regulated, utilizing this statute which we are to enact, and yet not hav first, by the Secretary of Agricultm·e, and secondly, by the ing establit:hed a monopoly in the city of Washington, and point courts. Am I correct? out the evil that he believes will ensue from it? 1\Ir. WALSH of Montana. In a certain way the Senator is Let us uppo e that the milk producers over in Virginia or correct; but I propose to discuss the whole subject of section 2 ganize and they set up their distributing system here in the city and gi've you my views to the effect that the House provision of Washington, and yet they are not able to supply more than is entirely unnecessary, in the first place, and is entirely nuga one-half of the milk necessary for the city of Washington. Pri tory, in the second place. Yate capital has a rival distributing system. There aTe two or Mr. LENROOT. Just one other question, then, with reference three rival distributing systems. These systems get their milk to the Senator's statement, · also made by the Senator from from ::\1aryland, we will ay, or they get it from farther away; Ohio [Mr. PoMERENE], that if there be absence of monopoly, :o that the association is organized under the provisions of this competition results. . act, and yet it has not a monopoly. What is the evil that the l\1r. WALSH of Mont..wa. Exactly. , Senator apprehends in that situation of affairs? Mr. LENROOT. The Senator does not mean that competi )Jr. PO:biERENE. Mr. President, both the Senato.r and I are tion in the sense of competition in price will result, or any laboring under this difficulty: We have a bill before us. We danger of an undue enhancement in price will be avoided, 1:f ha•e not a given state of facts to which it is applied. We are there be absence of monopoly? bringing forward hypotheses, and perhaps not having before Mr. \VALSH of Montana. Yes-. us. all of the facts. One of the difficulties I see here is this, Mr. LENROOT. Is it not true that in the United States and I think it applies to both b-ills : Steel Corporation case it was proven and practically admitted . In the preparation of the Hou e bill as well as in the prepal·a -that the United States Steel Corporation made the prices, and tion of the Senate bill, it has been sought to limit dividends to was followed by its competitors, and the court held in that 8 per cent per annum on the stock or membe:fship capital. It case that competition could not be forced, that the United i an easy thing, of cour e, for those who want to enter into States Steel Corp01·ation was not a monopoly, and that even a conspiracy or combination to get around a provision of that though there was an enhancement in price and the competitors kind. It is easy enough to say to the members: "We are of the United States Steel Corporatio.n themselves chose to limited in our profits 'Yhich may be distributed by way of divi take advantage of that enhancement, there was no remedy? dends to 8 per cent on the capital stock; but that is not going Mr. WALSH of Montana. If the Senator is able to extract to prevent us from fixing the price which this association shall any principle out of the decision in the Steel Corporation case, pay to the individual members so that you can get 20 or 25 he can do better than I can. I can not. My understanding of cents a· quart for your milk, and then you will be benefited in the Steel case is that the court held that it was an unlawful a ~Ir. WALSH of Montana. As I say, I argued a trust case men, what not-could con&'Pire for the purpose of interfering in the Supreme Court immediately following the decision _in with commerce, could conspire in restraint of trade, could con th<' f.iteel case, and I confess my inability to find it in any prm- -spire to stifle and destroy competition, and yet, unless that ciple. that would guide me in my case. conspiracy, though it did stifle competition, though it was in 1\fr. KING. 1\fr. President, may I trouble the Senator? restraint of trade, failed to eventuate into a complete monopoly, 1\11·. W'ALSH of l\'lontana. I yield. there would be immunity. I have such profound respect for l\lr. KING. I am afraid that I am subjecting myself to criti- the judgment of the Senator from l\lontana that I can not quite d~m for covering the ground which I sought to refer to a understand how he can justify a position of that kind. moment ago. and the Senator said that he would discuss it l\fr. WALSH of l\lontana. Of course, " conspiracy " is rather later; but in view of the questions propounded by the Senator an obnoxious term, and it may mean much or it may mean from Ohio [l\lr. ro:MERE.NE], and fearing that I have misappre· nothing. When the Senator refers to allowing these people to / bended thE> po~ition of the Senator, I desire now to challenge form conspiracies in restraint of trade, and so on, to get down hi'5 attention to orne of his statements. to the cold facts, what is the conspiracy which it is supposed ::1 :dir. WALSH of Montana. I am glad to repl,v to the Senator. they are going to engage in? They are going to associate them MI·. KING. .As I understood the Senator, he illustrated his selve.· and set up a distributing system in the city of Washing coustruction of the bills before him by calling attention to an ton in competition with another system, either nm by a rival organization in Virginia for the control of the milk product cooper::ttiY"e association or run by private capital. Where is the of that State, and an organization of the milk producers in conspiracy? "\\by should not half a dozen men in the State of Maryland for the purpose of supplying milk to the city of the Senator from Utah gather together, and, when they want "\"Vashington. I understood the Senator's position to be that if to shjp their cattle, throw in together, charter a train, send one the milk prot:lucers of Vil'ginia were able to keep out of Vir- man to Chicago, and tell that one man to di ~ pose of the whole ginia milk from other sections, al)d the milk producers there number and divide the proceet:ls? Does the Senator find any formed such an association as is contemplated by the Hou ·e thing wrong about that? bill, no matter how much they raised the price or stifled com- .Mr. KIKG. That can be done now. right in the face of the petition they could not be prosecute(], becau e across the line in statute. That is not a conspiracy in restraint of trade at all. Maryland or across the line in West Virginia there would be Mr. "'\\ALSH of Montana. Of course it is not. That i ju t milk producers and there would be other associations; but those exactly what we want to do by this. We want to allow a lot of other associations and those other milk producers would not be farmers, instead of bringing their milk into a cheese factory con1peting with them in Yirginia. run by pri,ate capital, selling their milk to the corporation l\1r. 'VALSH of Montana. The Senator mhmnderstood me which runs that cheese factor~·. to be permitted to associate kltogether. I was not talking about an association of all milk them ·elws together-which, of course, would eliminate com- · producer· in the State of Yirginia at all, nor about any acts petition between tllem ·elves-build their own cheese factory, on their part to keep out milk from anywhere else. I never bring tht>it' milk to that cheese factory, sell the cheese, and a ·sumed any state of facts of that character at all. I simply divide the profit ·. That i · what this bill is for. It is urged assumed the case of the milk producers residing in the State that you can not do that because Jones, who is now selling milk of Yirginia and selling their milk in Washington organizing to the cheese factory owned by a private individual, competes themselves into an association \Yith a distributing system in the with Smith, who sell: his milk to the cheese factory, and com city of 'Vashington, imd such of the milk producers in the petes witll Robinson, who sells his milk to the cheese factory, State of Maryland as sell their milk in the city of Washington and if the ·e three men combine they eliminate competition be associating themselves under the bill and setting up a riYal tween themselves, and therefore they fall under the condemna distributing system in the city of Washington. and the two tion. of section 1 of the Sherman A.ct. Does the SE>nator ·want operating in competition with each other in the city of Wash·' to preYent them from doing that.? ington. Mr. KING. No. Of course it might be assumed that other milk producers in Mr. "'ALSH of Montana. I thought not. There is talk the State of Virginia would associate themselves for the pur- about con piracies in re~traint of trade. Those three men have pose of supplying the city of Richmond-those, -we will say, eliminated competition as among themselves, and to that extent north of the James River in one association and those south of they have re ·trained trade. There is a legislative declaration the James River in another association, competing for the sup- that the ordinary farm-marketing cooperation is not an undue ply of milk to Richmond-and the milk producers in ~he State restraint of trade and that it is not a conspiracy in undue re of Maryland and on the eastern shore of Virginia each having straint of trade. I trust I make my own position about the a ·eparate association supplying the city of Baltimore. I a ·:ume matter clear. the case of cooperative associations competing with each other. I have been dh'erted, and. I want to go back to consider just Mr. KING. Mr. President, it is ob,ions that there \YOuld exactly what section 2 of the bill does; first, with reference not be a monopoly in, perhaps, the technical sense if the milk to a monopoly, and, ·econd, with reference to a combination producers of Maryland and the milk producers of Virginia were which is not a monopoly, but whicll exercises such restraint on furnishing the city of ·washington with milk and they combined, trade as that prices are unduly enhanced. because there would be 'Vest Virginia and Pennsylvania and Take the matter of monopoly first. The Secretary of Agricul Ohio and other places remote from ".,.ashington to which resort ture finds that a monopoly exists. and he find that it has unduly might be had; but, of course, by the time they .got the milk enhaneed prices, namely, that it is charging exorbitant prices here it would make the price so high that it would give to the for the product. What does he do? What kind of an order Virginia and the Maryland milk producers a monopoly. does he make? He orders that monopoly or association to "de- Mr. WALSH of Montana. Exactly; and then a prac:tical sist therefrom." From what? As I said when the bill was be monopoly would exist, which would be in violation of the law. fore the Judiciary Committee in its original form, we all thought Of course, everybody will appreciate that as far as milk is con- that meant to desist from charging exorbitant prices, namely, cerned you can consider that there is a certain ba. in around that the , 'E'CI'etary of Agriculture should, as would of course each great <.-enter of population, from· which basin the milL\: be the cu ·e when a monopoly is permitted to exist, fix what is naturally flows into that center, and if you organize all the a reasonable price and forbid the co.rporation to exact any producers within that basin into one body, then ~·ou - haYe a more: in other words, giYe the Secretary of Agriculture the monopoly of the suppl3·, even though by some extraordinalT power to fL~ the price which the monopoly should charge. But effort you can induce some of the farmers residing beyond that our friends who are urging this legislation say, "That is not to bring their milk into the center which is thus monopolizet:l. what it means, and if that is what it means, we do not want Of course, naturally they belong in the basin af some other city. the bill; we do not want to gi'e the Secretary of Agriculture They haY"e their association there, and it would be difficult to any such power at all." break their business ties and business associations to bring What power do they \vant to give him? You will search tllis them in. Mr. Miller suggested that it would flow in freely record in Y"ain for anr explanation from any source as to what from the outside country. It will not flow in freely from the power they \Y::tnt to giY"e tlle Secretary. The best you can get outside country, beeause they already have their business tie· from any of them is that the:r want to giYe the Secretary power and business associations, which will preyent the flow. to say that a price charged is an unreasonable price, but not lUr. KING. I confess that I am not quite able to understand to say what is a reasonable price. the position of the Senator from Montana or the morals or tJ1e Take the case of milk. An association is charging 15 cents justice or the ethics of a position which calls for an abrogation a quart for milk to the people of the city of Chicago, we will of section 1 of the Sherman antitrust law so far as it relate· to say, who protest against that and file an application insisting agricultural associations. It would mean that any of the or- that that is an exorbitant price. '"e have a long hearing upon ganizations or associations authorized under ~he law-horti- the matter. and eventually the Secretary of Agriculture finds cultural, agricultural, rancbmen, dairymen, milkmen, raisin 1 that 15 cents is un unreasonable price; but that is all the ~164 OONGRE SIONAL REOOR.D-SENATE. FEBRUAR.Y 6, power he has. They go back home and fix the price at 14! equity wouM. have complete and full juri,;diction, the same as .cents a quart.. Then another heat~ing can be had b~fore the a court of equity has under the berman law now, if there were Secretary of Agriculture, and he finds that is an unrea onable an absence of good faith? ·price. And so these hearings go on, one afte1· another, until Mr. WALSH of Montana. I do not know how to answer the finally yon get the price down. Senator. I inquire what kind of order can the Secretary n will be remembered that we tried that .., ystem out with the make? Interstate Commerce Commission. Power \rns gi-ren to the Mr. LENROOT. He can make an order, under the Senator's Interstate Commerce Commission in the first place to declare construetion, merely directing them to refrain from charging tllat a rate charged by a railroad company was an unreasonable 1 the duly enhanced price. rate, but gave the commission no power to fix what was a Mr. WALSH of Montana. That is, the 16 cents. reasonable rate, and Senators all know that the act was in- Mr. LENROOT. Ye..,. nocuous, and we were oblige·d to amend it so as to give to the Mr. WALSH of Montana. That is, "hereafter refrain from Interstate Commerce Commission the power to fix the rate charging 16 cents," and they accept that and go back home and which the corporation should charge. fix a price of 15-! cents. Is it the Senator's view that that is the · As I have said, Senators do not want the Secretary of extent of the power of the Secretary? Agriculture to be invested with any such power, and they say Mr. LENROOT. Oh, no; I do not think the bill is entirely, that this bill gives the Secretary of Agriculture no such power, clear as to whether the power of the Secretary is to issue an and I am rather inclined to think they are right about it. It order to no longer monopolize, to no longer charge the enhanced says that whenever a monopoly exists which unduly enhances price, or to dissolve the monopoly. I am very frank to say the prices an order .is to be made to desist therefrom, but what bill is open to that construction. does "therefrom" mean? ::\fr. FLETCHER. 1\lr. President-- Of course, monopolie as a usual thing are created by com- Mr. WALSH of Montana. I yield to the Senator from binations, two or more or half a dozen corporations uniting in Florida. one, and they establish themselv-es as a monopoly by unfair Mr. FLETCHER. I call the Senator's attention to the prod~ method of competition. Of course, if these associations shall , ion that the Secretary after this inquiry shall issue and cause practice unfair methods of competition for the purpose of to be served upon associations an order reciting the facts found driving their competitors out of business I daresay they would by him. still be amenable to discipline under the Federal Trade Com- Mr. WALSH of Montana. Yes; and he recites in this in- mi. ion act; at ~east I hop~ so. . . . stance that all the produ(!ers within the area which naturally . But, Mr. President, that 1s not the SI.tu~twn .which presents supplies Washington with milk are in one association, and that 1ts lf at all. The Federal Trade Comnnss10n Will take care of a sociation has a complete monopoly of the supply of milk to all the ·e unfair methods of competition by its processes. But the city of washington I wan~ Senators to .face the si:tnatioD;. .L~t us t~rn again to Ur. FLETCHER~ After finding the facts and making the the milk producers m the ~tat~ of Vugnna. ~n~ m. the State order they are all then submitted to the Department of .Justice ~f Mar;ylancl. The~ do not resort to any unfau ~rac.tices at all. and the facts so found by the Secretary are to be consid red ~he! simply orgamze th~selves, ~nd th~y all umte m on; asso~ prima facie evidence, and then it is for the Department of Jus c~att?n u:nder the p~otection. of thiB act: they set up theu own tice to proceed to break up the monopoly. eli. tnbutmg y tern m the City of Waslungton. . . . . Of cour e, the pri\ate distributors must go out of business. Mr. WALSH of Montana .. Oh, _no, the court ~erely rev-Iews They can not any more get any milk from anybody, at least the ord~r made by the Secretary, but I am trymg to find out unl s they go beyond the territory which would ordinarily what kind of ~n order the Sec~et~ry makes. ~he court. does upply the city of Washington, and, of course, they must c<>m~ not have. an~g at all to do With It except after the Secretary pete under disadvantageous circumstances, and they would makes hls order· . . . naturally fall. So the association does not resort to unfair prac- 1\~. FLETC~. ~e dir.ects. the .a~ociation to cease a.nd tices at all, but it gets every man who is supplying milk natu~ des1st from this practice, Wh!ch. IS a sinnlar order to that made rally to the city of Washington into one as ociation, and then it by the Federal Trade CommisSion. . . . charges an unreasonable price, and the Secretary of Agriculture Mr. WALSH of Montana. Oh, yes; th~t ~s JUSt ~he pol.nt. find that the monopoly exists, and that it has unduly enhanced The la~guage of the F~deral T~ade. Conums~10n act 1s app?ed price . What i he going to do? According to the contention here Without any P?~Sible applicatio~ It IS not appropriate t11ey make h can not fix: the price at which that association to expres. the cond1tiop.s ~s they eXIst. I trust the Senator shall ell its milk. They are commanded to desist therefrom. fr?m Flonda,_ who:se mmd I always clear upon these matters, W]mt can he do? will address It to the case that I have supposed. The Secre- f course, if the as ociation is doing something that wa un~ tary ~ds that all of these people ~rein the association, that it fair, if it is engaged in unfair competition, it may be that this consti~tes a. mo~opoly, and that It ch~rges 16 cent~ a quart bill takes away from the Federal Trade Commission the dis- for milk, which IS ~ unreasonable pr1ce. 'Vhat kmd of an ciplinary power and transfers it to the Secretary of .Agricul- order .under those . circumstances d~es ~he Secretary make? ture. I do not think so. But snppo e, as I assume, they have There IS no use talkmg about p~oeeedmgs. In court and about the not done a thing which is at all reprehensible. Take the Attorney Gene~al, and. that ~d of thmg, because the cou~·t Raisin Growers' Association out in the State of California. does not come mto action until after the Secretru·y makes his They are not accused of having done anything wrong to drive order. ·we '!ant to ~ow what the Secretary can :Mr. KELLOGG. The Senator does not think ·o? to organize, can it? Congress has no power to grant an art of l.\1r. WALSH of Montana. No. incorporation to them, has it? Mr. KELLOGG. I do. Mr. CUMl\IINS. Oh, yes; we have just determined that. lllr. 'VALSH of Montana. There is a ili!t'erence between the Mr. WALSH of Montana. I can not agree with the Senator Senator and myself as to that. The bill, in section 1, author from Connecticut about that. We determined, I think, in the ize the creation of these associations, and they are validated, China trade act, that we could authorize the creation of corpora and that is the \ery purpose of the bill. I shall speak, directly, tions to engage in interstate commerce. of the only recourse there -would be. Mr. BRANDEGEE. In foreign commerce? I had a very interesting visit a few days ago from Mr. 1\fr. WALSH of Montana. Yes. Clifford Thorne, a lawyer of the State of Iowa, of very great l\lr. BRANDEGEEJ. And the Senator from Iowa will not want eminence and just renown, who has demonstrated his attach to get into that too closely. ment to tbe interests of the public, and is now the attorney Mr. CUl\IMINS. I have no doubt about that at all, any more for the National Grain Growers' Association. He called to than I have about our having the right to authorize them to talk with me about this measure, and advanced to me the idea incorporate to engage in foreign commerce. that this bill, if it was intended to relieve farmers from the Mr. BRANDEGEE. 1\Iy view of the matter, I will say, if the peril of prosecution under the Sherman Act, would not accom Senator will pe1•mit me, is that the language I have read in pli 11 that purpose; that, engaging in these associations, they this bill is just " hot air " ; it is intended to be a blind and a woult1 still be subject to prosecution lmder the Sherman Act, sop to the farmers. They can do now, if they are organized his contention being that this bill would be merely supple into their associations, with or without capital stock, the things mentary, but ·would not operate to repeal in any sense the Sher that this bill authorizes them to do, provid~d they do not vio man Act. I haYe not been able to accept that theory, but I tried late the Sherman law; and the language of this bill seems to to get the attention of the Senator from Minnesota to it a few be designed to convey to the mind of the farmer the impre sion days ago, though I fear rather unsuccessfully. I confess it that Congress is authorizing him to associate, and that for the bas given me some concern. first time he has that right, whereas be has the right now, and There i: another matter which Mr. Thorne advanced at the he can organize under any State law for the purpose of trans same time, to which I shall address myself a little later. The acting any lawful business, provided be does not commit the view expre.. sed by him was that this bill was exactly the same acts which the Sherman law denominates as crimes. as the Federal Trade Commission act; it was supplementary to Mr. CUMMINS. Mr. President, will the Senator yield n the Sherman Act, not operating to repeal it. moment while I refer to the suggestion made by the Senator Mr. BRANDEGEE. Mr. President-- from Minnesota [Mr. KELLoGG] ? The VICE PRESIDENT. Does the Senator from Montana Mr. WALSH of Montana. I yield. yield to the Senator from Connecticut? Mr. CUMMINS. I think it is rather fundamental, and I want Mr. WALSH of Montana. I yield to the Senator. to get my own mind fairly clear upon the subject. lr. BRANDEGEE. In referring to the association spoken The Senator from Minnesota suggested, as I recall his obser of in the bill, I believe the Senator stated tha! the bill author vation, that after the Secretary of Agriculture acted under sec ized those a sociations. tion 3, the Sherman law would be in full force as to that cor Mr. WALSH of 1\IQiltana. Yes. poration or association. I do not quite understand that. If I Mr. BRANDEGEE. Does the Senator think that any sub correctly interpret the decisions, as well as the law itself, re stantial right is conferred by this bill upon the farmers' asso straint of trade is unlawful, no matter whether it increases or ciations-anything of substance? decreases prices. Monopoly is unlawful, no matter whether its Mr. WALSH of Montana. I will say to the Senator with effect may be to increase or to decrease prices. Does the Sen perfect frankness that it was my idea that this bill, being later ator from Minnesota mean to say that the Sherman law, then, than the Sherman Act, and author:i2ing these associations, and could be applied in its full force to a corporation condemned by autho~izing them to make th.e contracts necessary, operated of the Secretary of Agriculture? necesSity, pro tanto, as a repeal of the Sherman Act. That was Mr. KELLOGG. No; I did not say so. I said that if the my theory about it, but I must confess that I have such defer Secreta1·y of Agriculture found that the restraint of trade and ence to the opinion of 1\lr. Thorne with respect to matters of the monopoly had gone to such an extent that the price of agri thi kind that I am somewhat disturUed in my view about it. cultural products was unduly enhanced, be could make an order 1\fr. BR~TDEGEE. I did not refer to that, although if this against the restraint of trade and the monopoly, and if he bill is not intended to exempt these associations from certain brought a suit to enforce that, the court could apply any rem parts of the Sherman law at least, I can not see the object of edy against that particular monopoly and restraint of trade passing the bill at all. that it could now apply under the Sherman Act-that is, in l\fr. WALSH of Montana. There is not any. It would de the same form. To make that perfectly clear, the Senator from feat their expectations.• Kansas [Mr. CAJ>PER] offered an amendment, on page 3, line 13, Mr. BRANDEGEE. Yes; I agree entirely with the Senator of the bill, to insert, after the word "order," the following: about that, but that was not the point I had in mind. · The Senate bill says that persons engaged in the production Or enter such .other decree as the court may deem equitable. of agricultural products as farmers, planters, and so forth, may I think that is wh.a.t the bill means, anyWay. In other words, act together in associations, corporate or otherwise, with or the court would not be limited to compelling anybody to r·educe without capital stock, in collectively handling and marketing in a price. interstate and foreign commerce such products of the persons Mr. BRANDEGEE. Does the Senator think the court could so engaged. Does the Senator think that this bill confers that fix the p1ice? right upon associations, or in any way authorizes the forma Mr. KELLOGG. No; I have not said anything about the tion of such associations, or that the Congress can authorize court fixing the price. the formation of such associations? Mr. BRAl\TDEGEJE. Then, it would not help the situation Mr. "'WALSH of Montana. No; I do not think so. The bill contemplate that the associations will be organized, of course, any. under State laws; and this, to my mind, is intended simply to Mr. KELLOGG. I think it would. relieve them from any possible inhibition that th-ere may be in Mr. CUl\fMINS. But does not the Senator from Minnesota the Federal law. understand that under section 2 a monopoly is unlawful only Mr. BRANDEGEE. There is no inhibition in the Federal if it unduly enhances the price of the commodity in which it law at present, is there? deals? Mr. WALSH of Montana. I may say that perhaps, ac Mr. KELLOGG. I do; certainly. There would be no object curately speaking, the word "authori~d" was not justified. in dissolving it if it did not do any harm. Mr. BRA.l~DEGEE. This bill says that persons engaged in Mr. CUMl\UNS. When the court comes to deal mth it, it these vocations may act together in associations. They can act is the Senator's view that the court could dissolve the monopoly together in associations now, can they not, if they are incor just as the court now dissolves a monopoly under the antitrust porated 11nder the laws of their States? act? • Mr. WALSH of Montana. Yes. Mr. KELLOGG. I think it can, or it can restrain the acts of Mr. BRANDEGEE. They g.at plenty of power from the undue !l'estraint of trade or any of the acts in which the cor States to act together in associations for mnxketing their prod poration may be engaged which have unduly enhanced the ucts, rdo they not? price. For instance, the corporation may have .made contracts l\lr. WALSH of Montana. Yes. with all of its customers or with all of its members that they l\lr. BRANDEGEE. The Federal Go"\!ernment does not and would sell -only at such a price. That price may constitute, with can not .grant that substantive power to a set of men who want the other acts, a monopoly. The court may make an erder 2168 CONGRESSION.A.L REOORD-SEN... t\'fE. FEBRUA.R.Y 6, a:;ainst t11e contract.·, or it may give any relief in the· premises told about the tr11ck farmers out in Davi County, Utah, who that it think· proper. . . . supply the city of Salt Lake with garden products of one kind ::\Ir. CU.1HIIXS. · Dtte the Senator think the Secreta.ry of or another, and be told us that they have a kind of an orgaili- Agriculture can do that al o? · .zation, and the organization sends out word each day as to what Mr. KELLOGG. Tbe • ecretary of A-griculture can make the the prices will be for carrots, for potatoes, for cabbages, and oruer against it. He tan not, of course, enforce it. The court for other truck products of that character, and the members mu. t do that. adhere to those prices. But I feel quite certain that those :'l.fr. WALSH of ::\Iontana. Mr. Pre~ident, I think it per farmers are not getting very rich out of truck farming out fectly clear that for all practical purposes there is not any there, that they are not robbing the public particularly. In relief at all in section 3. Even if the position taken by the other \VOrds, Mr. President, the public has never suffered from Senator from Minnesota [Mr. KELLOGG] is correct, after the exactions of the truck farmers or other farmers in the matter Secretary makes the order, th(:'n he may begin a suit against of the sale of their products to such an extent that they have the offending corporation-which, of course, is not an offend been C'alled upon to come either to the State legislatures or to Ing con1oration unless it bas unduly enhanced prices-and then the National Legislature to get protection against exactions of you go through with the proceedings in court, and you finally that character. But if there are such, the Legislature of Utah find that it has enhanced prices, and the court so t:.til1, aud that I am couductllig quite an adroit opposition to the and to control prices for their special benefit is so manifestly a denial of the .equal protection of the laws that further or extended arguments plan of farm marketing. I l.lad a letter from a yery esteemed to establish that position would seem to be unnecessary. contitituent. one of the profe ·sors in our State agricultnrt0- col lege, who to)(l me that that idea is being industriously circu The point decided i.n the case was subsequently expressed in lated throuc•h my ,'tate. They arc very fair people out there, Billings ·r. Illinois (188 U. '., 103), citing the case just r eferred and he wrote me for a statement of my views and my attitude to, as follows : witll respect to the matter. The power can not be exerted to forbid combinations among tho ·n who buy products and permit combinations among those who raisl' or I would like to help prepare a bill, and I would like to point grow products. Connolly ·v. 'G"nion Sewer Pipe Co. (184 U. S., G40}. out to the ""entlemen who are urging this measure the perils which I think confront us, and I would like to try with them to 1\lr. LENROOT. Mr. Prcsi LXII--1~7 '2170 OONGl{.ESSIO.r .AL RECORD- E ATE. FEBRUARY 6, 1lection, might not the legislature see difference in opportunitie and of the United States was to send to the Congress a veto rues powers between the classes in regard to the prohibited acts? That differences exist can not be denied. To describe and contrast them sage upon an appropriation bill because it contained such a might be invidious. To consider their effect would take us i'rom legal provision, which, to his mind, was violative of the Constitution. problems to economic ones, and this demonstrates to my mind bow ~ an article which he contributed to one of the law maga essentially any judgment or action, based upon those difference , is legislative and can not be reviewed by tbe judiciary. zines some time ago he called attention to the fact that the ca of Connolly against Union Sewer Pipe Co. arose under a State That seems to me good logic, and it was upon that ua ·i that statute, and that the decision was .PUt upon the ground that the I thought this legislation could be justified. · statute had violated the "equal protecion of the laws" clause l\Ir. LENROOT. What is the Senator's position with refer of the foureenth amendment to the Constitution. However, ence to Congress being bound by this rule of classification that he said in that connection that if Congress should pass such is applicable to the States? Does the enator contend that an act as that enacted by the Legislature of illinois doubtles Congre s is bound by the same rule? other provisions of the Constitution would be found under ~Ir. WALSH of Montana. That is tl1e point I was ju t going which it would likewise be condemned. So the pre. ent Chief to make. If the Senator will pardon me, I wish to follow the Justice, at least, is 1·ather committed in that way. other matter a little further. '.rhere is quite a distinction there Mr. LENROOT rose. to which I shall be glad to advert. Mr. WALSH of Montana. If the Senator from ·wisconsin The subject is considet·ed in a note found in the eleYenth Yol will pardon me, I merely wish to say that I think a distinction ume of American Law Reports Annotated, at pag 118:5, from may be made between an ordinary corporation and a cO"rpora which I read a follows : tion acting on the cooperative principle. I now yield to the The legislatures of the country which have attempte The labor unioru; are already exempt from the o,{lel'ations of bination controls would not alone constitute a violation of th~ the Sherman law. They do not have capital stoek, but they 1aw. The Steel Corporation might have been one-sixtieth the form a large element in the population of this country; and if, size it is, and if its acts had been in violation of the Sherman now, this great class of men-all of those who have anything law, it would have been penalized. to do with raising anything from the -soil or from the farm Mr. LEl\.~OOT. But I think the Senator will agree with me are to be exeiD])t also, against whom is the Sherman -antitrust that the United St-ates Steel Corporation might control 50 per law to operate? Do you suppose you can successfully and per~ cent of too tr-ade, and stm theTe would be su:fficient competition manently maintain in this country a criminal statute denounc~ to relieve it from the penalties of the Sherman law, whereas 50 ing certain acts and maintain it and enforce it only against a individuals might agree and combine to control the same per~ particular portion of the people, so that what is right for ru1 centage of the total product, and they clearly \\'"OUld be acting in ag-riculturist to do will be wrong and criminal for a manufuc~ violation of the Sherman law. . turer to do, or for a person who works in a mill? l\Ir. BRANDEGEE. In other words, Mr. President, as I said, l\Ir. President, I do not know whether the Sherman law o.ught it is not the amolmt controlled: by a single individual or com~ to be maintained or cast down; but I do know that if you want bina.tion which determines whether the law is violated, but it to cast it down and utterly destroy it you can not take a surer is the contract in restraint of trade, or the att-empt to monopo~ or a quicker means of doing it than this, because this sort of a lize in whole or in part the interstate commerce. procedure, say what you may about it, or try to differen Mr. LENROOT. A single individual may lawfully do what a tiate it or explain it or apologize for it or justify it, does not combin-ation of individuals will be permitted to do. and can not and will not meet the honest judgment of the Mr. BRA...lfDEGEE. The Sherman law prohibits the singl€ people of this country. It will not meet the judgment of an individual, as well as the combination. I have already read honest lawyer or of a judge or of publk sentiment. that into the RECORD. Section 2 provides that- That is about all there is to be said about this measure, Mr. E>!!rY person 'Ybo ~all 1110nopolize, or attempt to monopolize, or President. I understand what powerful influences and forces combme or consp1re w1th any other person or persons, to monopoJize there are back of this legislation, but I am thoroughly con~ RD'Y part of tbe trade or commerce among the several States • • • shall be deemed guilty of a misdemeanor. vinced that we should not yield to it. I am pretty thoroughly convinced that enough will yield to p.aBs it, and I suppose it That is all there is to this, Mr. President. One set of men will become law. If the conference committee should report come forward and say, "We demand exemption from a great the bill as it passed the House, if.we amend it at all, then I pre Federal criminal act, from a public ·policy of the United States dict there will be no satisfaction or relief whatever for tlle of .America," which is announced as a public policy not only for people from high prices, if the people who are faTored with this the protection of the individual, but for the protection of the exemption choose to inflict high p1ices. whole eoWitry, for the protection of interstate trade and com :Mr. LENROOT. Mr. President, does not the Senater think merce. W-e are asked to pass a statute which, except for the that farmers can . the soil, e1ery article of food and every constituent that goes Mr. WALSH of Montana. l\Ir. President, the Senator from j into the_ making of clothing. It gives them, if they ·have a Colorado [Mr. PHIPPS] desired to offer an amendment to the . mind to exercise it, a stranglehold upon the whole United States pending bill. Having been called from the Chamber, he asked if to hold up prices, to agree to withhold their crops from the I would present it in his behalf. I submit the amendment, and market until a stipulated price is reached, and to make every ask that it be printed and lie on the table. ' sort of contract that has been hitherto considered against the The VICE PRESIDENT. It will lie ou the table and be ' public interest and maae a crime, which was made a crime in printed, : 1890, and bas beeu so considered for 32 years, by common EXECUTIVE SESSION. ' consent. Mr. LODGE. I wish first to ask for an executive . es ion, Everybody conceded that the Sherman law, after we had and I will state now that it is my purpose at the conclusion of struggled along through years of oppression and exploitation, the executive session to move that the Senate take a 1·ecess. I although it was never completely enforced, at least wrote upon move that the Senate proceed to the consideration of executive the statute book· a provision that the making of such a con business. tract should con titute a crime, and set that up as the public The motion was agreed to, and the Senate proceeded to the standard of what was right and wrong, and now we are asked consideration of executive business. After five minutes spent in to relieYe half the people of the country from that definition of executive session the doors were reopened. 1rhat i right and wrong, and to say it will be a crime if it is done by a man in the city, but it shill! be commendable, under RECESS. the euphoniou language of " cooperative marketing, process Mr. LODGE. I move that the Senate take a rece s until noon ing," nud so forth, for mutual benefit, if it is done by a man to-morrow. , who live in the country. The motion was agreed to; and (at 5 o'clock an NORTH CAROLINA. Eugene B. Williams to be pastmaster at Hurley, Wis., in place John W. Chapin to be postmaster at Aurora, N. U., in place of Margaret Sullivan. Incumbent's commissiO-n expired April o.f E. T. Hooker, removed. 13, 1920. Dena Kastein to be postmaster at Waupun, Wis., in place of ORTH DAKOTA. Oscar Hanisch. Incumbent's commission expired March 2, Frank L. Lewi -. to- be postmaster at Neche ~ N. Dak.., in place 1919. of W. W. O'Hara. Incumbent's co-mmission expired: March 29, 1920. CONFIRMATIONS. tlHIO. Exiicutive communications confirmed. by tlie Se_nate Febrtl.ary 6 Charles H. Murlin to be postmaster at Celina:, Ohio, in place (legislative day of Febnwry 3), 1922. of Lawrence Schunck. Incumbent's commission expired A1:1gust UNITED STATES ATTORNEY. ' 3, 1920. . Frederick H. Bernard to be United States attom~y 1 dJ_~,~t OREGON. of Arizona. . Ollie L. Gillispie t() be postmaste:r at Willamina, Oreg. Office IN 'llHE CoAST 1 PROMOTIO~s Gu.um. r became presidential October 1, 1920. To be' commanae-r. PENNSYLVANIA. Andrew .J. Henderson. Kathryn A. Gillin to be postmaster at Aldan,.. Pa. Office be To be liootenant oonunanders. came presidential April 1, 1921. Thaddeus G. Crapster. in George H. Cunningham to be postmaster at Emaus,. Pa., Cecil 1\f. Gabbett. place of w: W. Hamman. Incumbent's commission expired To be lieutena-nts. August 26 1920. SOUTH DAEOT A. John P . Gray. Gordon T. Finlay. William Williams. Louis L. Bennett. Jacob A. l\arby to be postmaster at Peever, S. Dak. Office .John H. Cornoll. William J'. Keesterr became pre ·idential January 1, 1920. William P. Wishaar. Fred Boller to be postmaster at Beresford, S. Dak., in place of William Brady. Incumbent's commission expired July 21, To be lieutenan-ts- (junior grade). 1921. Noble G. Ricketts. Arthur G. Hall. Gertrude M. Hall to be postmaster at Harrold, S. Dak., in Harold G. Bradbury. Ephraim Zoole. place of C. M. Hall, resigned. Irving ,V. Buckalew. Paul Kirkland Perry, Frank W. Hink to be postmaster at Raymond, S. Dak., in Rae B . Hall. place of F. \V. Hink. Inc-umbent's commission expired J"uly 23, PROMOTIONS IN ·THE ARMY. 1921. David Cleveland Kelly to be captain,. Ordn:anee Department. Richard R Scad~len to be postmaster at White, S. Dak., in Waldemar S-ven Broberg to be first lie-utenant, Ordnance De- place of C. L. " ·'ohllleter. Incumb:ent's: commi sion expired July partment. • 21, 1921. Francis Beatty Longley to be captain, Field Artillery. TEXAS. Mitchell Franklin Orr to be first lieutenant, Field· ArtilleJ;y. James- I. Curter to be postmaster at AElington, Tex.., in place Wolcott Paige Hayes tO< be captain, Air Service. Arthur Bee McDaniel, to be captain, Air Servtce~ of P. B. ~I ·:Natt. Incumbent's eommission expired July 21, Thomas Henry Shea, jr., 'to be captain, Air Service. 1921. Okey B. Cline to be postmaster at Emory, Te:x::., in place of Henry William' Duly to be first lieutenant, :retired. Nemesio Gatafan to be first lieutenant, Philippine Scouts. Ada Duffey. Incumbent' commission ~ired J'Uly 21, 1921. Alfred 1\1. Finger to be p.o tmaster at H ondo-, Tex., in place .Tack Gleru:lon Fuller to be second lieutenant, Veterinary of l\L A. 'hnncey. InC"umbent's commiBsion expired .Tuly 21, Corps. Ralph Henry Lewis to be second lieutenant, Vet.erinary Corps~ 19~1. Frank Marion Lee to be second lieutenant, Veterinary Corps. UTAH. Norman Walker .Ackerman to be econd lieutenant, Veterinary C. Thoma."' 1\lru:tin to be postmaster at l\Iillo1>d, Utah, in place Corps. of ·. 13r. Stoke~, :remo-Y"ed. James Donald Yotmg to fie second lieutenant, Veterinary YERM~T. Corps. . . Charle" F. Thurber to b · postmaster at Fairlee, Vt., in place George Sidney Andrew to be major, Cavalry. of '. F. Thurber. Incumbent's commfssien expired August 6', Roland Paget Shugg to be major, Field Artillery. Earle Trask Loucks to be captaJn, Infantry. 1921. Arthur G. !Folsom to· IJe postmaster at Tunbridge, Vt., in place Paul Conover Gripper to be e.aptain, Signal Corps-. Dimetrio Peter Harkins to be captain, Cavalry. of l\I. G. Redlou, resigned. Bruce Magaw McDill to- Jle. captain, Cavalry. VillGD.~IA. John Reigel ErnlJich to. be cap-tain, Chemic-al \Vru·fare Service. \Villiam F. Correll to be postmaster at Ettricks, Va., in p1ac.e Fred William Koester to be captain, CavalPy. of R. ~L Beazley, decllned. · William Neely Todd, jr., to be captain, Cavalry. William W. Hurt to be po. tm-a:ster at Max Meadows, Va.., Vincent Joseph Tanzolfr to. be first lieutenant, ·Infantry. in place of J. R. McGavock. Incumbent's commission expired POSTMASTERS. December 20, 1920. . Frank 1ll. Phillip ~ to, be postmaster at Shenandeah, Va:., in CONNECTICUT. place of J. S. :Laudr. Jneumbent's commission e:xph·ed July.21, William H. S. l\fcEwen, Glenhrool"-- 1921. IDAHO. Frank J. Garlanu to be postmaster at Warsaw, Va., in place Bertha M. Gorrie, De:u·y. of J. A. Brockenbrougb. Incumbent's commission expired Lowell H. Merriam, Grace. DecembeY 20, 19'>.Jf. Ransom l\':I. Coburn, Lewiston. WASHINGTON. Homer E. Estes, Moscow. Andrew )JcCann to be postmaster at Northbend, Wash. Wells McEntire, Preston. Office became presidentiar January 1, 1921. Charles Brebner, St. lJf"aTies. Lulu C. Howe to be postmaster at Chewelah, Wasll., in place Joseph 0 . McComb, Troy. of J. F. Lavigne·. Incumbent's commission expired February :KENTuCKY. 7, 1920. Marion Weatherholt, -cloverport. Noel D. Tower to be postmaster at Morton, Wasil., in place of Lucille C. Yates, Grayson. J. 1\I. Jones. Incumbent's commission expi-rerl .Tul'y 21, 1921. Henry I. Neely, Hazel. WISCONSIN. William E. Winslow, Wingo-. Charles A .. A.rno.!J to be postmaster at South \Vayne, Wis. :MICHI NEVADA. The SPEAKER. Is there objection to the present considera Carl J. Barnes, McGill. tion-of the bill'! NEW MEXICO. There was no objection. OliYei· G: Cady, Alamogordo. Mr. STAFFORD. Mr. Speaker, reserving tlle right to object, John 0. Luikart, Clovis. when this bill was on the calendar on prior occasions I called Clyde E. Ely, Deming. attention to the fact that some of these lands were owned by OHIO. the Government of the United States, and it is my opinion that the oil-prospecting features should be under the oil-leasing la,,r. William L. Dougla~s. Fairfield. I believe the gentleman has an amendment to offer at the end PENNSLYVANIA. of the bill as follows, -" In accordance with the provision of Joseph A. Buc:hanan, Ambler. the general oil leasing act, February 25, 1920." I have no objec John N. Gelder, Carbondale. tion to the consideration of the bill with this amendment incor . Horace L. Saylor, Collegeville. porated. Harry L. Koons, East Pittsburgh. The SPEAKER. Is there objection? [After a pause.] The Effie l\I. Lang, Fort \Va hington. Ohair hears none. The Clerk will report the bill. Jefferson B. Hershey, l\fcKeesport. The Clerk read as follows : John Banncn, Oakmont. Be it enacted, etc., That lands reserved for school and agency pur Harry Z. \Vampole, Telford. poses and all other unallotted lands on the Fort Peck R.esenation, Mont., reserved from allotmenl or other disposition, may b.e leased, for TENNESSEE. mining purposes by the Indians residing on said re ervation, through their tribal council, with the approval of and under regulation. pre John T. E. Williams, Jonesboro. scribed by the Secretary of the Interior. TEXAS. The committee amendment was read, as follows: Joe . Hailey, Hughes Springs. Page 1, line 6, after the word "purposes," strike out "by the Indians William R. WillialllS, l\Iontague. re ·iding on said reservation, thJ:ough their tribal council." Duma l\fcDonald, Santo. The question was taken, and the amendment was agl'eed to. James F. Adams, Stamford. l\Ir. RIDDI K . Mr. Speaker, I offer the following amend- \ERMONT. ment. The SPEAKER. 'l'he Clerk will report the amendment. Wnlt r _\.. ~'\m::;tlen, Proctor ville. The Clerk read as follows: WYOUI~G. Page 1, line 9, after the word "Interior," strike out the period and Jason A. Hobbs, Rawlins. insert " in accordance with the provision of the general oil lea ing act, February 25, 1920." The question was taken, and H1e amendment was agreed to. · The bill a.· amended was ordered to be engrossed and 1·ead HOUSE OF REPRESENT.._t\._TIVES. a third time, '"as read tlle third time, and passed. On motion of l\fr. RIDDICK, a motion to reconsider the Yote by ~IoNDAY, February 6, 19~2 . which the bill was passed was laid on the table. TJ1e House met at 12 o'clock noon. STATUE OF DANTE. The Chaplain, Rev. James Shera l\Iontgomery, D. D., offered The next bu::;iue~s in order on the Calendar for Unanimous the following prayer: Consent wa Senate joint resolution 99, providing a ite upon 0 Gou, Thou art our God and earnestly we would seek Thee, public grounds in the city of Washington, D. C., for the erection for, oh, the depth of the riches both of the wisdom and the of a statue of Dante. knowledge of God. Bestow blessin-gs of comfort upon the grief Tlie Clerk read the title of the joint resolution. sore one and give them peace. Our unexpressed desires are The SPEAKER. Is there objection to the present con. ·iclern before Thee. Sift them that they may be foregleams of Thy tion of this resolution? [After a pause.] The Ohair henr. presence, plan, and power. Throughout this day may our trusts none. The Clerk will report the resolution. be adminjstered with a true heart. 0, look Thou upon our coun The Clerk read as follows : try and the nations associated to promote humanness throughout · Resolved, etc., That .the Chief o! Engineers, United State .\.rmy, b{', and he is hereby, authorized and directed to grant permission for the the earth. Enable them to stand together for righteousness and erection on public grounds of the United States in the city o! Wa h ju ticc. l\lay they be full of industry and morality and become ington, D. C., other than those of the Capitol, the Library of Congress, clothed with the higher and nobler elements of national life, Potomac Park, and the White House, a statue of Dante: Prodded That the site chosen and the design of the monument shall be approved and we llall give Thee the praise in a world without end. In by the National. Commission of -Fine .Arts and that the United 't..'ltes the name of Jesus, the Prince of Peace. Amen. shall be put to no expense in or by the erection of the said monument. The Journal of the proceedings of Friday wa read and ap :Mr. \V~'\.LSH. Mr. Speaker, I move to trike out tbe lns;t proved. word for the purpose of asking whether or not this s.tah1e lla REFERENCE OF A JOL~T RESOL1JTION. not already been erected? Mr. LUCE. l\fr. Speaker, the tatue ha. been temporarily Mr. KIESS. 1\Ir. Speaker, I ask unanimous consent that erected. Senate joint resolution 132, now on the calendar, be referred back to the Committee on Printing. Mr. WALSH. Upon what authority of law are statues tem The SPEAKER. What is the resolution? porarily erected upon Government property? Mr. KIESS. It is to provide for the continuance of certain Mr. LUCE. Under the general authority of the officer in Government publications. charge of public buildings and grounds to erect temporary The SPEAKER. The gentleman from Pennsylvania asks structures by implication from the statutes creating his office. lmanirnous consent that the joint resolution referred to be l\Ir. WALSH. Well, this is hanging upon rather a lender referred back to the Committee on Printing. Is there objection? thread, I think. Has not this statue been erected and all the [After a pau e.] The Chair hears none. exercises pertaining to its being considered in its final location been held? .APPROPRIATIONS FOR TREASURY DEPARTMENT--CON'FERENCE REPOR'l'. Mr. LUCE. Ex:erci es have been held; but I have here a 1\fr. l\IADDEN. l\Ir. Speaker, I present a conference report copy of the specific notification on the part of the officer in for printing under the rule. . charge to the effect that it was temporarily erected :mel .. uhj ct The SPEAKER. The Clerk will report the bill by title. to removal if not ratified by act of Congres . The Clerk read as follows: Mr. WALSH. Will my colleague yield further? Does that II. R. 9724 . .An act making appropriations for the Treasury Depart· situation also apply to the tatue of Joan of Arc? ment for the fiscal year ending June 30, 19!:!3, und for other purposes. Mr. LUCE. It does. In each case the restriction ,,~ a defi The SPEAKER Ordered printed under the rule. nitely set forth by tile officer in question, and the statue was UNANIMOUS- CONSENT CALENDAR. placed there with that understanding on tlle pm;t of the ·donor . 1\Ir. WALSH. Well, we have got some , ·ort of a structure The SPEAKER. 'Io-day is Un~imous Consent Calendar day, and t11e Clerk will call the calendar. down here on the Mall. I believe it is intended to be a corner stone, and the exercises of the laying of which were held in the LEASE OF UNALLOTTED LANDS, FORT PECK RESERVATION, MONT. National Museum, and they put some kind of a structure down The first bu iuess in order on the Calendar for Unanimous there boxed ill w1th wood with an inscription upon it. I think Consent was tlle bill (H. R. 8010) to authorize the leasing for the gentleman from Kentucky, the chairman of the Committee mining purposes of unallotted lands on the Fort Peck Reserva on Public Build~ngs _ and Grounds, admitted the other day upon tion, Mont. the floor that it was placed there and has remained there with The Clerk read the title. out any authority of law, uppo. ed to be a corner stone of some 1922. OONGRESSION AL RECORD-HOUSE. 2177 mem{)rial building to George Washington, for w·hich some pri is the fact that the precedent might be abused, g1·eatly to the vate organization or :ociety, headed by a would-be and pre- embarrassment of Congress. .And I am glad that gentlemen sumably social leader, who bas been undertaking for several have called attention to it in order that great care may be ex years to raise funds, I think a million_dollars, by private sub ercised in f11ture contingencies. I may remind gentlemen that a scription, in order that they might comply '"\'ith the terms laid somewhat similar state of affairs arose in regard to the group down in the act whereby the Government might participate. of busts of pioneers in the cause of woman suffrage, now in I doubt if it is wise for the officer in charge of the public the crypt beneath the dome. In that case great embarrassment buildings and grounds to indulge in this practice of giving would have been brought to many worthy persons if there h!id authority for temporary locations of either buildings or statues. not been procedure in some respects informal, followed by com I believe it would be better for the location to be approved, in pliance with the directions of the Library Committee after the first instance, by Congress. I am not objecting to this bill, formal enactment on the part of Congress. . but I wanted to understand the circumstance under which the :Mr. ::\fAN~. The gentleman speaks of a "temporary struc legislation came before the House. ture." This is not a temporary structure; it is a permanent ~lr. CHINDBLOM. WiU the gentleman yield? structure. You might as well say that the Superintendent of Mr. WALSH. Yes. Public B\lildings and Grounds coul 1\Ir. \VALSH. Rese1·ving the right to object, Mr. Speaker, I from 1\.fassachu etta [Mr. LucEJ, wha is in cha.rg of the birr would like to ask the member of the LibTary Committee hav on the floor? Are we going to pass this bill and fool the House ing knowledge of this matter whether there is any necessity for · by saying the building shall be rem-oved by December 31:, 1922, this legislation now? and then as the restrlt of a conferenee report go back ta the 1\Ir. LUCE. The statute provides that no statues shall be original proposiUon of the Red Cross and' permit thi outiding erected on public buildings and grounds with:out an act of to remain there forever? Congress. Mr. LUCE. 1\Ir-. S'peaker, I do not forse that I shall ren<::h l\!r. WALSH. This is to continue the use of the temporary the distinguished honor of being a member· of any conference buildings o-f the Red Cl"os headquarters in the city of Wash committee for some years yet to come, enm though continuance in-gton. of my service in the House is approved by my constituents. Mr. LUCE. I beg the gentleman's }!)a.Fdon. I thought the Mr. MANN. We ought to have somebody on the floor who next one was the Joan of Are biD. What is this bill 1mder should be able to get on the conference coiQillittee when he hns consideration? charge of a bill of thi kind, and until ·I can be satisfied on that 1\Ir. WALSH. This is to coo.tinue the use of the temporary subject I shall object. · building for the American Red Cross head~uarters· Jn Wash Mr. LUCE. I shall be quite ready to urge and advise the ington, down in public squa:re 172. Is there any need for this members of the conference committee, if I am not one of theiJ: legislation at the present time? number, to adhere to the House amendment, because it seem Mr. LUCE. Yes. '.Fhe time limit for the use of the ground to me the gentleman presents the case in a reasonable fashion wa May 22, 1920, and then it was- extended toe December 31, and in accordance with the views of the members of the Com 19"21, so that as a matter of fact at the present time they are mittee on the Library. using the ground without authority. l\Ir. WALSH. What is it that they are doing wh:ich requires l\Ir. M.Al\TN. It may be that the building ought to reruaiu the u e of this property l)eyond the original time fixed? Of there forever. I do not know, but I do not want to see the House fooled; and it is the evident purpose of this original course, we all appr~"'iate · that when we give con ent and fi.x a resolution to act without knowing what is- being done. . dat it is always extended, or alwa~ asked t.o be extended, and the extension is u ua.lly granted. But what is it that they are JHr r L UCE. Fer my own part I shall be glad to go O.DI record do-ing that 1required the use of this pro1>erty during the time a.s saying that I am against long retention of the temporary between May and December of last year? structures in Washington, first, last; and all the time, and hope they may be removed at the earliest possible moment. 1\lr. LUCE. It i being used in p~rt for the military relief and health service organizatioliS, civilian relief.. nursing serv Mt·. SUMl\lERS of Wn.shington. Is it not a fact that the ice, and central stenographic fo-rce. One-half of the basement of Red Cross are erecting an additional large building down there one building is u ed by the' cafeteria, which furnishes luncheon as a permanent structure, and is it not probable that the tem daily to cfl}p-roximately 1,200 perSons, including many fro-m the porary structure is needed only during the construction of that? neighboring aep rtment ·. The othe1·· pa:rt of the basement con Mr. MAl~. That I can not s-ay.. I am not informed n. to tains the heating plant. '.Fhe desire af the Red Cross people that. wa that they should have an indefinite extension of time, and Mr. STAFFORD. What location has the gentleman in mind a reso-lution in that form pa: sed the Se11 a te. The judgment of where the Reel Cross is erecting any permanent structur,e? the Hou e Committee on the Libraxy i. t. .:t there ought not to' This morning a I pa sed the permanent headqua,ters of the be an exten ion of more than a yea1·. Red Cross on the way to the armament conference I failed to :Mr. W .A.LSH. I notice that amendment, but, of course, they notice any new con truction work. will be haYing all tho e things when December come . They 1\h. SUl\BIE.RS of Washington. If the gentleman will look will be hxllving their stenographer and military relief and immediately back of the large p rmanent building ther .fi wilt health work activitie , and they will probably need it beyond find a very splendid marble building being conshructed. December. But why have not their activities gotten into uch l\Ir. STAFFORD. If the gentleman will read the repout-I a state that the can get along: with their own building and con a ume that he has r ad it-he will find that the letter from tinue there? the Red Oro s- doe not say that they have in contemplation th l\Ir. LUCE I speak with no speei.al information on the sub erection of any new building, but that these temporary wooden ject, but I have the impre ·ion that the unsettled state of Europe building-·, .Ann xes No . 3 aad 4-NO'. 1 having been demolish-ed has continued the activities of the Red Cross on a much larger alread -are intended to be retained for Red Oro ~ activitie~. cale than anybody nppo ed was poSSible after the war. T.bere is nothing in the letter fmm the Red C.vo s which LT-g Mr. WALSH. I up:pose that is Or when we U.Jie appropriat gests- or hints that they are erecting any pe~:·manent structt1l'e, ing millions of dollar to ave starving peo};}le all over the but the letter is predicated upon the idea that th~ bnild':mg world, and are liable to be appropriating 20,000,000 for that will be continued for yen.r and years to- come. purpo e every two. or three months. Perhap they ought to have ·:rr. MANN. Th re is a new building going up there. thi · building in view o1i the fact that that ontingency i · like-ly Mr. SUMMERS of Washington. Theri i a new building to happen. under construction, nevertheless. Mr. MA...~r~. Mr. Speaker, wiH the gentleman yield? 1\Ir. l\IANN. Whether it is to take the place of this or not ~1r . LUCE. Certainly. I do not know, but the request of the Red Oro s is to ha e thi;~ l\lr. lHANN. We pa -·ed the oliiginal resolution directing building remain there permanently. Somebody tried to mislead that the buildin RETlRE:UENT OF CIYIL-SERVICE EMPLOYEES. valuable for any purpose except as a ,yatercourse. The water The next business on the Calendar for Unanimous Consent was used for irrigation comes down through these canyons and is the bill { S. 2802) to amend an act entitled ·'Au act for the reserwd to the Indians. The bill specifically provides that the L'etirement of employees in the classified civil sen-ice, and for Indian.· shaH be compensated. It will not cost the Government a penny, becau»e the money be raised by private ubscrip other purposes," approved ~iay 22, 1920. ,,.ill The Clerk read the title of the bill. tion. The SPEAKER. Is there objection .to the pre··ent con:·idera- Mr. WAL. H. Who is going to raise it? tion of the bill? Mr. BARBOUR. i do not know the name of the organiza There was no objection. tion, but the people of Ri\erside are interested. The bill The SPEAKER. The Clerk will report the bill. expressly provides for payment of compensation to the Indians, The bill was read as follows : and these funds \Vill be raised. I understand the arrangements have already been made. Be -it enacted, eto., That section 11 of the act entitled "An act for the retirement of employees in the classified civil selTice, and for other ~Ir. W_\LSH. This takes it out from under the water power p11rposes, approved J\Iay 22, 1920, is hereby amended by adding at the act. Does the gentleman think tl1at the committee amendment end thereof three new paragraphs to read as follows : will in any way interfere with it: u~e and enjoyment as a "Each executive department, and each independent e ·tablishment of the Government not within the jurisdiction of any executi\e depart national monument? ment, shall establish and maintain such record as will Pnable it to de ::\Ir. BARBOUR. No; I think not. termine the amount deducted within each fi cal year from the basic Mr. BEGG. Will the gentleman ~-ield? salary, pay, or compensation of each employee within its juri diction to whom this act applies. When such employee is transferred from one ::\.fr. BARBOUR. I will. office to another a certified abstract of hi.s official recot·d shall be h-ans ~lr. BEGG. ·what i the real rea on beyond tile preserYation mitted to the office to which the transfer is made. of a few tree~ for putting this into a national park? ·• When application is made to the Commissioner of Pensions for return of- deductions and accrued interest, as provided in this section, l\lr. BARBOUR. I will state that these are very rare trees. such application shall be accompanied by a certificate from the proper I am inform€'<1 that they constitute the only existing group of officer showing the complete record of deductions, by fi cal ye11rs, and these natural wild palms that grew in the deserts of the South other data necessary to the proper adjustment of the claim. · " The Commissioner of Pensions, with the approval of the Secretary west. They are hundreds of years old. They are the only tree.· of the Interior, shall establish rules and regulations for crediting and of the kind, I understand, in existence to-day. reporting deductions and for computing interest hereunder." Mr. BEGG. Personally, I will say that I do not expect to SEc. 2. That section 13 of uch act of l\Iay 22, 1920, is amended to read as follows : object, but I am not in sympathy with this kind of a bill. .About " SEc. 13. That it shall be t.be duty of the head of each executive every Congress somebody comes in for an appropriation for department and the head of each independent establi hment of the Gov parks and building highways, and the maintenance of the high ernment not within the jurisdiction of any executive department to report to the Civil Service Commission, in such manner as said com ways does not come from the Territory nor the State through mission may prescribe, the name and grade of each employee to whom which they· go. this act applies in or under said department or establishment who ::\Ir. BARBOUR. This bill does not contemplate an appropri shall be at any time in a nonpay status, showing the dates such em ployee was in a nonpay status, and the amount of salary, pay, or com ation, neither now nor hereafter, as far as I know. I do not see pensation lost by the employee by reason of such absence. The Civil why it should need an appropriation. Service Commission shall keep a record of appointments. transfers, )fr. )!ANN. It is worth an appropriatio·n. These Washing changes in grade, eparations from the service, reinstatements, loss of pay, and such other information concerning individual service as may ton palm. are a wonderfUl thing. If we could put one of them be deemed essential to a proper determiaation of rights under this act, in the Capitol grounds, we would pay $100,000 for it, and no and shall furnish the Commissioner or Pensions such reports therefrom one would object. This is probably the only place where the as he shall from time to time request as nece.ssary to the proper adjust ment of any claim for annuity hereunder, and shall prepare and keep can be preser•ed. all needful tables and records required for carrying out the provisions Mr. BEGG. Will the gentleman yield? of this act, including data showing the mortality experience of the em Mr. BARBOUR. I yield. ployees in the service and the percentage of withdrawal from such service, and any other information that may serve as a guide for future 1\lr. BEGG. Can the gentleman tell us what kind of an asset valuations and adjustments of the plan for the retirement of employees they will be to the country to preserve them out there? I can under this act. well imagine that if you bring them here and put them on the '' The Commissioner of Pensions shall make a detailed comparative report annually showing all receipts and disbursements on account of Capitol grounds they would be an asset, but what good ·win they refunds, allowances, and annuities, together with the total number of do· the human family out there in the future? persons receiving annuities and the amounts paid them." Mr. MA..~. The gentleman from Ohio and myself, togethe-r The SPEAKER. The question is on the third reading of tl1e or singly, will some day make a trip out there and he will ac bill. knowledge when he sees them that it is worth a year's life. I The bill was ordered to a third reading, and ~~ lli,!COrdingly am sure that nothing would so improve the gentleman from read the third time and passed. Ohio, if anything could impro\e him-and he stands so high and so well that he does not need improvement-a to visit there _ ATIONAL MONUJ.fENT IN RIVERSIDE COU~'IY, CALIF. Washington palms. The next business on the Calendar for Unanimous Consent Mr. BEGG. I will say that I have been all over this country, was the bill (H. R. 7598) authorizing the Secretary of the In but not in this particular section, and I have seen some pretty terior to dedicate and set apart as a national monument certain tall, straight trees. lands in RiYer ide County, Calif. Mr. ~fA!\~. They are not the trees that the gentleman ha The Clerk read the title of the bill. in mind at all, the e are palms. The SPEAKER. Is there objection to the pre ent considera :llr. BARBOUR. And they are wild palms. tion of this bill? Mr. BEGG. The gentleman from Illinois thinks it would ~.Ir. WALSH. :Mr. , peaker, reserving the right to object, improve us to associate a little with the wild ones. [Laughter.] will the gentleman from California give a brief ·tatement of The SPEAKER. Is there objection? the idea of this legislation'? There was no objection. :Mr. BARBOUR. 1\lr. Speaker, this bill proposes to re erve The Clerk read the bill, as follows: aN a national monument three canyons which are located about Be it enacted, etc., That the Secretary of the Interior be, and be i 60 miles southeast of Riverside, Calif. They contain what is hereby, authorized to set apart the following-described lands located in said to be the only existing group of wild Washington palms. the count)· of Riverside, In the State of California, as a national monu ment, which shall be und~r the exclusive conh·ol of the Secretary orthe It is proposed to preserve them as a national monument, so Interior, who shall admimster and protect the same under the provision that these trees will not be destroyed. They are Yaluable for of the act of Congress approved June 8, 1906, entitled "An act for the the purposes of botanical interest. pt·eservation of American antiquities," and under such regulations a. be may prescribe: The west half of the southwest quat·ter of section 2, Mr. STAFFORD. Will the gentleman yjel eurolled members of the said Agua Caliente Band as authorized by sec service, for the reason that some of them lla ye tuberculo i .. tion 1 of this act: PI'Ot'ided, That the consent and relinquishmen~ of the Indian: may be obtained and payment made for th~ lands m such w.hich developed recently, and ha,-e no means of tracing that manner as the Secretary of the Interior may deem adVISable. tuberculosis to their line of ervice. Any eminent phy ician SEc. 3. '..Chat the provisions of the act of Congress approved June 19, will tell you, or anyone else, that 'vhile he can not stnte his 1920 known as the Federal water power act, shall not apply to thiS montiment. opinion in the form of an affidavit, which would giYe the.' men compensation, yet with men who ha gentleman may offer which will pe-rfect .the 1~1utian .and ·bring Mr. GA.RRE'.FI' 10f Tex.a-s. Pag:c 2, line !.!, after the word about the result ·desired, I shall be "ery glad to acc·ept. ":men," trikJe •ont the per-iod and insert " There is hereby ap;- I ha,·e no particular pride -of opinio-n :about it. I Jmow this JDropria:ted ~ut ().f any moneys not otherwise approlJriated in the condition exists and I know it -ought not to -~st, .and the pur- Treasury of the United States the sum of $25,000, or :so mucll pose of this resoluti-on i MT. WALSH. Does the grotleman tltink this is a germane legally admitted, but the Public Health Ser'*->e1 as I uB:der· am.endment. stand it, goes upon the assumption that these hospitals are ooing l\ir. GARRETT of Texas. I will say Tery "frankly to my rnn for the bene.fit of ·ex-service m.en, and when an ex-senJce friend that my original idea wa.'il that this clothing Should be man shows 1.1p they take him in and staTt with him anti do .the f-urni.l hed by tlle Secretary of War -out of ihe smplus we have best they can "With him, re~ooardless of the origin of his troubl-e. on hand. 'rhey huve :plenty of lmderclothi.ng, they have nni- · Mr. 1U..L"N"N. Is it a fact that whenever :a.n -ex-service man fonns which they are selling to these drea-p-John stores all o1~e-r presents himself to one of the Public Health llOspitals they the country, und . ·elling ,underwear the same way. 1\ly purpose .admit him for treatment at once? ,,..a,. that tlH~se men should ha-re this underwear and have the Mr. GARRETT of ~ex.as. I think they admit him foT prelim· uniforms. I .am no stickler on the subject. [ say the men who ina.ry examination, and when he has all the necessary papers wro·e the uniform in iF-ranee -should 'haTe the honor to wear it :in tha.t sh.ow that he is au ex..;servi.ce man, he is admitted. pubHe-.lrea.lth 'hospitals. I see no ·Dbjection, although there are 1)11'. MANN. If he is admitted for prelimln.a.ry examination, ,_ume who 'flo. Tl1ere were in th-e connnittec some w.ho a.bso- would that give him a free suit of 'Clothing? lately objected to the sutl)lus clothing in the Army 'being used Mr. GARRETT of Texas. It would be a question of whether for any purpo ~ e. Now, if the gentleman wants the whole trnth or not they were going to allow him the clothing or wait until about it., that is jt. I .have got the ~resolution out here .as -you they had :passed upon his -case. finu it rmder the eonditioo.s mentione_d. Mr. ~~. This does Mt .say anything .about regulations. )lr. WALSH. Now, suppose this Tesolution hould pa"s as '!'his says when he is admitted he is entitled to clothing. it is proposea to he a.m:ended by the -committee. What is to l\lr. GARRETT of '.rexas. I will say to the gentleman very pre,-ent ibe WaT De']l8.rtmest f-rom ·going ahead and selling :frankly that I think whenever an ex-service man is admitted by clothing to clothing hou.ses? the Public Health Service in one of these hospitals, and has 'n()t Mr. .GARRHLVJ' of Texa . -ot a thing in the world. any clothing and 1l() money with which to buy any, they ought .Mr. WALSH. WJJs is it brought in, then? What bas tlra:t to give it to him. got to do with llii.s measure? Mr. MANN. ~'11ere is nothing here about t.ll.e matter of buy- Mr. G.A.r..UE'IT of T-exas. Nothing in the world, except the ing clothing at all. fact it was brought -up on the :floor 'Of the House. - Mr. GARRETI' of T.exas. That "class of soldiers-- 1\h'. \VALSH. Whe-.1:1 .is it expected the Surgeon Gene:ral of lfr. 1\fANN. I assume that ex-service men would naturally the Public H-ealth Service is going to get this cloth-ing? take advantage of their rights, like other peopl-e. If a man 1Ur. GARRETT of Texas. If the gentleman will hel11 us who applied for admission was entitled to a suit of undercloth- amend this r:e olution, we can fix it ;n_p Tery -qu'ickl~J. . ing o1· outer elothing, he w-ould ask 'for it. l\:fr_ W.ALSH. I did n.Gt h-e.ar i'he purpose of the gentleman'~ Mr. GARRETT of Texas. That is all right. .amendmeiit. Mr. OHINDBLOM. I will say that I am sorry that this mat- lHr. GARUETT of Texas. I llaT'e t:'\vo amendments, one of ter comes in in such a sha-pe it can not be disposed :oft beca:u.~e which we can amend by appropriating ·o many thousancl dol· there are very deserving cases .of this character. I want to lars for this purpose :tlor the Snrg.eon General of the Public say, in reference to the last ;po-int raised by my distinguished Health Service to bu_y clothing witb, -or I am willing t-o .. ay -cofleagne from ffiinois, that wh~ an ·e::t:-service man presents that the Secret.ary of \Var shall furnish it upon 1·eqnisition. him. elf to one .of the &'tati()ns -of the Pu&li.c Health Service or Mr. ·GARRET'£ of r.l'ellil€s ·ee. Would it not meet the -situa- one of the officers of the Veterans' Bur-eau, :and he is -&ck, dis- tion if the House voteu down the committee amendment? ea.-sed, disabled, ancl with.out funds, ·of course, the natural and l\Ir. WALSH. I do not think th-e committee amendment is proper thing is to -place bim some1Nhere for obser~ation anu g-e1·mane myself. I do u.ot know whether the point of order can examination in order to determin.e whether his illness is of be made. service origin. That .has been done, I understand, -and under }.fr. GARRETT of T.exus. I do not think ·o myself lmt it i-s those co:nill.tions these men come .into the institutions. Many of unanimi>us consent f am tryiflg to get to take it up. ' them are without c;Iothin~, \e.l'Y badly. witi;ont clothlng, and it Mr. STAFFORD. If the gentleman 1vill permit, I ha-re .,.iven '\Tonld be very desrra.ble if proper leg1.Sla.t10n could be framed some little consideration to this .measure. r think that th: bill and l"assed to r-elieve tho e cases whicll. are deserving and should apply to all \eterans under the jliiisdiction of the Vet- pressing. ~rans' Bureau whetheT they -ru.·e in a ho&'J)ital under tbe char""e 1\Ir. MANN. I agree with my colleague. of the Public Health Sertice -or in the National Homes or in ;n Air. WALSH. Yr. Speaker, I am somewhat in agreement Army, Navy., or pri"rnte hospital. iJ: wish to suggest an amend- with the gentleman from Illinois [Mr. OHr~nnLoY], but I ca.n ment whieh I i.ltink would ibe proper and .on which I would Uke not-- . to have the gentleman's opinion. .A:s amended it would read. 1\Ir. G~lliRET'".r of Texas. What suggestion has the gentle- . man from Massachusetts to make concerning this resolution That the Secretary of War be, and he is hereb,Y, authorized and di~ rected to tu:rnish out of reseiTe ilnaterial for the .A:rmy to the Veterans' befOI'e he objects? Bureau .for the use of all ex-service men of the Wo:rlil War under its l\Ir. "'VALSH. My sugge&'tion is th... 'lt the committee gi\e the care now in 'GoTcrnm~t or priv-ate hospitals, or who may her.ea.fter be matter mor.e careful consideration and see if some legislatiun ~i~c~a~~~~ci.~'Iea -~~o~h~~g~re not receiving compensation for can not be framed for the issue of clothing by the Sec.ret-ary of War to men who .shall be certifi-ed by the proper authority as And so forth. being in need of underclothirig or outer clothing, but not to My idea is not to limit it to sm:plus material, because the make it gcnel'al in its scope as proposeu by this measure, and War Department has no surplus ID.aterial in cert.ain articles of transfer it to the Surgeon General, wlw has no stock of clothing apparel. available, and make necessa1·y au appropriation. Now, there 1\Ir. GARRETT of Texas. That is -rery likely true as to ought nvt to be .any appropriation, because -the War De!Jartment material, but it does have much sm-plus clothing. has .a large stock, l am told, of clothing which in meritorious Mr. WALSH. It is imnossible to amend this joint l!esoluti-on cases might be ma-de a-railablc. I think tbat it ought to recei\e satisfactorily on the floor, in my judgment; but I woula liike to further consideration. ask the gentleman if he is willing to ad\ise u.s what his amend lUr. -G.AR.ll.ETT of Texas. Hu ' the .;!entleman read the letter ments are which he vroposes to offer? of the Secretary of w·ar in there'? C011GRESSION ~\._L RECORD-HOUSE. FEBRUABY 6 2182 ' 1\Ir. WAJ., H. Oh, yes. Of c urse. the Secretary of War ob public- cllool building? Wn.. it not the i<.l a that we were jects to the pas ·age of this bill uecause it is going to take out allowing public funds for the erection of a public school, with some of this tremendous :upply of surplus stock tlley have on the idea that the Indian children should have the privilege of hand there and give it to someuody. And I object. ·attending that school without extra charge? The SPEAKER. Tlle gentleman from Massachusetts objects, Mr. SNYDER. The gentleman knows that has been tbe prac and the Clerk will report the next bill on the calendar. tice and there has been separate paymE.>nt made for the tui Mr. GARRETT of Texas. Mr.• •peaket·, I a k unanimous con tion of Indian children in State schools whE.>rever it has been ent that the bill may remain on the calendar. po. sible to do it. In some cases we found that there was not :\1r. WALSH. If it goe · to t he foot of the catend:u. I wm sufficient ·cbool room for the \\hite children attending and not object. such Indian children as we desired to put into those schools. The RPEAKF.m. The gtc>ntleman asks unanimous consent that Several case.· of the kind the gentleman mentions in the last it go to the foot of the calenllar. Is there objection? [After a few year ba \e been taken care of by a direct appropriation f01.· pause.] The Clmir bears none. · building the . cbools for both white and Indian children. Usn~ Mr. CHI:.'lDBLOM. Mr. "' peaker, I ask unanimous consent ally the State matches the amount appropriated by the Govern to procetc><.l for half a minute in order to ask the gentleman a mE.>nt for the purpose. question. _ Ir. CARTER. Mr. peakel\ will the gentleman yield? The SPE. KER. The gentlem::Jn from Illinois asks unanimous Mr. S~""YDER. Yes; if I have the floor. consent to proceed for balf a minute. I:' rhere objection? Mr. CARTER. The fact is that we have appropriated an [After a pause.] The Chair hear none. nually in the Indi .. n appropriation bill for the tuition of chil Mr. CHINDBLOl\1. I would like to ask the _gentleman from dren in the public schools. Te as whE.>ther he doe · not think this bill now should be re Mr. STAFFORD. Yes; about $200,000. ferred back to the Committt'e on Military Affairs, . o that we l\Ir. CARTER Yes. Tbat is carried along, and the Indian cart get it onto the Unanimou Consent Calendru· very . oon in children go into the schools with the white children, which I nell shap that it can be· passed? think i a very good thing. What the gentleman from New Mr. GARRETT of TE.'nnesse{>. I will . tate that my idea i - York wants to do here is this: Wllen this school was built it and I ~ll!·lll be \ery glad to consult with hlm and other gentle was intended that the Indian children should be admitted on mE.>n-to present this on n x:t unanimous-consent day, with the ·ame basi·· a · the white children, but it was not intended certain amendments, .·o that it may be acted upon on next to ay that in that particular school the Government would be unanimou ·-con ent day. relieved of the expen8e of paying the tuition of the Indian chil l\fr. LUCE. l\lr. Speaker, I a"'k maniwous c-ons nt that No. dren, a~ is done iu other parts of the United States:; but as I 16~ on the Calendar for Unanimous Consent, to which objection sE.>e from tile report which I have just read, that is what the wa:; made, may retain its place n the calendar. comptroller ltas ruled with reference to the law. · The SPEAKER. The gentleman from MassacllU. etts asks As I understand tile gentleman from New York, he simply unanimous consent that No. 162 may go to the foot of tile cal wants to change it to the basis and method followed heretofore endar. Is there objection? [AftE.'r u pausE.'.] The Chair hE.'ar with respect to other schools. · . none. Mr. SNYDER. The gentleman is quite right about that. 1\Ir. LUCE. l\Ir. Speaker, I make the same requeRt as to Mr. RIDDICK. There is one fact that I wish the gentlemen No. 163. will understand, that the citizens of Browning, Mont., propose The SPEAKER. Is tber bjeetiou? [After a pause.] The to put up a 100,000 school building, and the Government con· Cnair hear none. tributed about $1:-,ooo toward the construction. The annual co~t of operation i something like $30,000 a year. It is con PAYMENT OF TU11'ION FOR I~DIAN CHILDREN. templated that the Indian children shall pay about $70 a year The next busines . in order n the Calendar for Unanimous tuition, which iN much less than is charged for the education Con ent wa. Senate joint resolution 140, relative to payment of Indian children in other places, and that pays abo.ut half the of tuition for Indian children enrolled in Montana , tate public expense of running the school. although tl1e Indians have three- chools. fourths and the white people 25 per cent. · The PEAKER. Is there objE.>ction to the preSE.'nt onsidera 1\lr. STAFFORD. In view of the statement of the gentleman tion of this bill? from New York [1\Ir. SNYDER], chairman of the Committee on Mr. STAFFORD. ~Ir. Speaker, reserving the right to object, Indian Affairs, and that of the gentleman fl·om Oklahoma, who I would like to inquire of the "entleman, the chairman of the wa for a lono- time chairman of the committee, I withdraw my Committee on Indian Affairs, reporting this bill as to what objection. construction the department has placed on the two provisions The SPEAKER pro tempore (Mr. WALsH). Is there objec-tion carried in the two statutes referred to in the bill, providing to the present consideration of the resolution? that the Indian children shall be educated in the public :chool There was no objection. on equal terms with white children? The SPEAKER pro tempore. The Clerk will report there o Mr. SNYDER. As the gentleman h-uows, in th act of March lution. 3 appropriation wa carried for the purpo e of paying tnition The Clerk read a · follows : for Indian children in the public chooL of Montana. In this Resolt'ed, etc., That nothin~ cont:lined in the provisions of section 10 9 of the act of February 14, 1~20 (41 Stats. L., p. 421), and of section particular division-No. of the Montana school-Indian chil 10 of the act of March 3, 1921 ( 41 Stats. L., p. 1237), shall be con dren have been going to school under the same condition , and strued to preclude tbe payment of tuitioll for Indian children enrolled heretofore tuition had been paid. But an occasion arose where and educated in 1\Ionta.na State public schools, pursuant to annual or it was necessary to make a special appropriation for that par exi ting appropriations of public money for payment of such tuition. ticular school, and the wording of that act was uch that the The 'PEAKER pro tempore. The question is on the third comptroller ruled that he could not pay out money on it. All reading of the Senate joint resolution. that this does is to correct the language so that the monE.'y ap The Senate joint resolution was ordered to be read a third propriated last year can be paid for the tuition of Indian chil time, wa read the third time, and passed. dren who have been in that school since last .July. On motion· of Mr. RIDDICK, a motion to reconsider the vote Mr. STAFFORD. As I recall-and I do not believe tllat i~ whereby the resolution w-as pas ed 'vas laid on the table. the establi ·bed practice, so far as Indian affair are con The SPEAKER pro tempore. The Clerk will report the next cerned-CongTess in the appropriation act of February 4, 1920, bill. made a pedal appropriation for the building of a public LANDS IN THE SH..:.\81'<\. NATIO:NAL FOREST, CALIF. school in this school distlict, and to that appropriation was The next bu ines on the Calendar for Unanimous Consent coupled the provision that the Indian children shall be ad -was the bill (H. R. 5004) to provide fo'r the consolidation of mitted to that Indian school on an equality with white people. forest land in the Sllasta Kational Forest, Calif., and for other Mr. RIDDICK. No. That was to be paid for. purpo ·e ·. Mr. STAFFORD. That was the language of that appropria The title of the bill wa read. tion for the erection of thi" public building carrying $15,000, The SPE~KER pro tempore. Is there objection to the pres· perhaps ; I am not sure how much. ent con ·ideration of the bill? Mr. SNYDER. Yes; $15,000. l\lr. RAKER. Mr. Speaker-- Mr. STAFFORD. To the appropriation was coupled tbi · pro l\olr. STAFFORD. Mr. Speaker, I reserve the rigllt to object, vi ion. that " Indian children shall be admitted to said public if the gentleman from California doe · not. school on an entire equality with the whitE.' children." The SPEAKER. The gentleman from Wi ·cousin reserves Mr. SNYDER. Yes. the right to object. Mr. STAFFORD. What wa Congrer-:~ to under.taml with Mr. RAKER. It was not my intention to object. Will the r ferenc to that appr priation made for the erection of that gentleman withhold his ohjedion for u moment? 1922. OONGRESSIO A.L RECORD-HOU E. 2183 Mr. STAFFORD. I will reserre the right to object. Mr. RAKER. Some pretty .good people ha e investigated Mr. RAKER. Mr. Speaker, this bill and three others of simi this. Sen.a.~or Slloor.r int~oouc.ed a bill to compensate them for lar character-eon:tain no provisi-on that the Federal Government the land thu turned o~, and other faYor the same proposi . hall reimburse the counties in which the forests are situated, tion; and 'I thlnk if we conld get an amendment that would and hence a number Qf the taxpayeTs think the Federal Govern give them a la1·ger percentage of the r-eturn from the permits, ment ought to pay the taxes on the laud that is turned back to in order: to ompensate them for maintaining the forests for all the Government in exchange, and they want the Forest Service the people of the United States, ·of courne they would be getting and myself to put such an amendment on this bill. I hope we ·omething. can to-day, but it there is any objection to that-- l\lr. EYJL~S. Will the gentleman yield? Mr. MANN. Mr. Speaker, will the gentleman yield? ·ur. RAKER. I yield to the gentleman from Nebraska. Mr. RAKER. Yes. Mr. EVANS. If I understand the gentleman, the exchanO'e is Mr. MANN. Do I under.stand that the gentleman proposes, made on the reques:t of the private owners. where land is exchanged and the Government tm-ns oYer land l\fr. RAKER. Yes. to private individuals and the private individuals turn it back Mr. EVANS. And having gotten this exchange that is de ta the GoTernment, to tax th~ lands turned over to the Govern ·ired, th~ private owner wants the Government to pay more ment? for having rendered him that favor. 1.\ir. RAKER. We can not do that under the Constitution of 1\lr. RAKER. No; that is not the questio-n at all. The ques the United States and the State laws, but the citizens-- tion is that the counties in which the forest reserves ru:e lo Mr. MANN. I am asking if that i"' the ge tleman's proposi cated feel that they are losing the taxes on the lands turned tion now? over by the private owners to the Government. Mr. RAKER. Will the gentleman re~at that qu"ffiti.on? I .Mr. MA.l'lN. As I understand the gentleman's propo~ition, did not catch it, owing to- the confu-sion prevantng in the if the Government turns over timber and that timoor is cut, the Chamber. county not only wants to get a large hare of the :i.m.mediate ::\fr. 1\IANN. Was it not the gentleman's proposition that the price of the timber, but also wants the Government to. pay for land turned oYer to the Government shall be subject to taxa- ever to the county for the privilege of malting the trade. ti@? ' Mr. RAKER. May I have an opportunity to read a para 1\11·. RAKER. No. The citizens want the Gevernruent to graph of this letter~ ·o as to make it perfectly plain? make provision for paying what the private individuals would l\1r. STAFFORD. It is understood that objection will be pay for the lands that are turned over from private ownership made if any such amendment is going to be propo ed. to the Government. That is the principle that is involved in Mr. RAKER. Let me read this paragJ.·aph. all these land exehanges, and there is no provision for the pay Mr. STAFFORD. I am afraid the gentleman is jeopardiz ment of taxes. They want to be reimbursed each year for what ing the safety of his bill by proposing such an amendment. the taxes would have been had it remained in priv-ate owner- Mr. 1\IANN. The gentleman know that nQbQdy will favor hip. A number of citizens feel that the Go-vernment ought to any su-ch proposition. It is a matter that should be carefully pay taxes on the land put into the di tTict, because otherwi e considered, and it may tak~ several years to consider it care they lose the taxes. fully. ::\1r. 1\IA..~N. If the . o-vernment turns over land to a private Mr. SINKOTT. '!'be gentleman is not gj}ing to offer any such ( individual and receives land in exchange, why should the Gov proposition. I ernment pay anything on that land? It turns land ov-er to a 1\lr. STAFFORD. I obje(!t, l\1r. Speaker. private individual, "·hich land then becomes taxable. If the The SPEAKER pro tempore. Objection is made. Government, instead of turning over land to a private indi Mr. RAKER. I ask unanimous consent that I may extend vidual, turn over a part o.f · the timber, the State and county my remarks in the RECORD on the matter that has just been get a part of the product of that. under c~nsideration. Mr. RAKER. I want to make myself plain, ·So that the gen The SPEAKER pro tempo-re. The gentleman from California tleman will understand it. There is a large amount of privately asks unanimous consent to extend his remark in the RECORD owned land in these reserves. This kind of legislation allows on the bill jn t objected to. Is there objection? the e people to exchange land for timber. The people in the There was no objection. · counties in which these reserves are located feel that they are The SPEAKER pro. tempore. . The Clerk will report the next not getting enou-gh from the Governm~nt for protecting this bill. land, by virtue of keeping up the civil government, State and 1J.RIDGE ACROSS THE DELA W .ARE RIVER. eounty, which protects the Government's land for the benefit of The next business on the Calendar for Unanimous Consent all the people of the United States, and they want me now to was the bill (H. R. 9931) to extend the time for completing the get a larger proportion or have the Government pay for the construction of a bridge across the Delaware River. taxe that they lose. The- Clerk read the title of the bill. Mr. MAl~. Doe the gentleman himself favor that propo The SPEAKER p:ro tempore. Is there objection? ition? Mr. WATSON. Mr. Speaker, reserving the right to object, Mr. RAKER. I da not favor the Go-Ternment paying a direct I want to ask the gentleman in charge of the bill bow far is 1a:x, but I do favor the Government paying a larger percentage this bridge toward completion? of the amount that it is now receiving from permits in national Mr. JONES of Pennsylvania. 1\!r. Spe-aker, all I lmow in re forests. The GoTernment should pay to the counties what the lation to that is what is stated in the memorandum at the bot counties lose by reason of the property being taken from the tom of the report. tax rolls. Mr. WATSON. Is this for the wide-ning of an old bridge, or 1\lr. 1\fANN. That is a matter of The Clerk read the bill, a follows: a ton; we shall again sec premiums of 20 cents a. bu bel fo r the usP o[ cars ·for moving grain ; we shall, in fact, see a shortage (lf commoditie~ Be it C?Jacted, etc., That the time for completing the construction of to- the consumer; and we shall see gluts upon the l tands of the pro the bridge authorized by act of Congress approved August 24, 1912, ducers. We shall see factories filled with orders again closed for lack to be built by the Pennsylvania Railroad Co. and the Pennsylvania & of cars; we shall see large intermittency in employment; and we !'Chait Newark Railroad Co. across the Delaware-River near the city of 'l'~n see the u ual profiteering in commodities due to a stricture between the ton, N. J., which has heretofore been extended by Congress to August producer and consumer. 24, 1922, is hereby extended for a further period of three years from There would be no difficulty whatever. l>.y basing uch losses on tho t he last-named date. - experiences we have already had. to· calculate a loss to the Americnn SEc . 2. That the right to alter, amend, or repeal this act is hereby people of a billion dollars for each one of these periodic transportation expressly reserved. shortages. . The bill was ordered to be engrossed and read a third time, Furthermore, there is nothing that is so irrecoverable ·a loss to the Nation as idle shops and idle men. To-day we have. both. 'l'her is vms read the third time, and passed. nothing that will so quickly start the springs of business and employ On motion of Mr. JoNES of Pennsylvania, a motion to recon ment as an immediate resumption of construction ·and equipment of sider the vote whereby the bill was passed was _laid on the the railways. When business does resume we shall· ueed· all· of out· capacity for the production of consumable- goods. We shall not (IDl~· table. find it strangled for lack of transportation, but we shall find ourselv.cs THE RAILROAD SITUATION. plunging into the manufacture o! this very railway ·equipment and con struction in competition ""'ith consumable goods for matet·ia ls and labo 1·. :Mr. l\IcCLIJ'.j"TIC. Mr. Speaker, I ask unanimous consent to Herein lies the basic cause of destructi-ve price inflation and lJoom'l, with all their waste and overexpansion. In time. of depression wt• print in the RECORD the remarks of Secretary Hoover before should prepare for the future, and by doin~ so we ca·n cure the d<'IH"es- the Interstate Commerce Commission. on the railroad situation sion itself. on February 3, 1922. If we examine the fundamental reasons for failure to resume equip ment, we will find them in the loss of confidence in· railways as an The ·sPEAKER pro tempore. The gentleman f1·om Oklahoma in-vestment and the competition of tax-free securities. We ·]lave passell asks unanimous consent to print in the RECORD the remarks of the period of credit strain in this depression. Surplus apital i · pour ing by hundreds of mUlions monthly into tax-free l'lecuritie~:; and foreign Secretary Hoover on February 3, 1922, before the Interstate loans and yet our railways are unable to finance the most moderate of Commerce Commission on the railroad situation. Is there ob construction programs. The confidence of the public in railway invest jection? ments was at so low an ebb befor~ the war t hat finance by the issue ot common and preferred stocks had become impossible and railway There was no objection. expansion was living on bond issues. The ·confidl'n c.e oCand assurance Mr. McCLINTIC. Mr. Speaker, under the leave granted to and continuity in earning power to cover this buruen of bonds baR been me to extend my remarks in the RECORD I include the follow even lowered since the war began becau ·e of the u.nccrtaintic of both rising and falling prices, of rising and falling wages. of ri ·ing anrl ing tatement by the Secretary of Commerce before the Inter falling rate!5, preventing all regularity of earning· upon which an inve:-:; state Commerce Commission. tor could be convinced, even if no other difficult factorR entered into the problem. I see no occasion to go into the labJTinth of past railway BY THE OF COMMECCE BEIJ'Om; THE IXTERSTATE .~TATE :UENT SECRETARY finance, it. propriety or lack of propri e t~-. it;:; foolishness or its sldll. Co:aniERCE COMl'ltiSSIO!'.' FEBRUARY 3, 1922. That generation is ~one b:r. 'l'his commission approaches t he financial In responding to the invitation to discuss some of the problems problems of the railways upon the actual valul'. not upon ibeit· i s::. ues of present in your general railroad investigations, I shall devote m,yself to securities, and I tah:e it we are Jivin~ for the future. not the pa ·t. We t hree of the railway topics which especially arise from tho present want transportation and we want it with t he \i,!lue.-< of pri>ate initia economic situation. tive and clean public Rervice. I do not need to review at length that we are recovering from the H we look 1o the immediate f utut·e, with its complete ncc!'ssity ot uestruction and inflation of the greatest war in history. that we are paring the railway earnings down to little mom tban bo nd intcre'lt. ·uffering from the waste, the extravagance, and overexpansion of the until we ~ive relief to the shipper (anu t hus the primary foundation po twar boom, and that the war has brought about great shifts in the to business recovery) , I can see little likelihood of convincing- the movement and price levels of commodities between nations. investor as to hi · margins of safety. There i au atmosphere that I would, however, suggest that it might be profitable for our people our railways will nevE'r again earn profits, and that they are not as to get a somewhat clearer perspective of our own and the world's an industt·y worthy of investment, and that bE'cau,·e private investor t roubles and problems. Even a superficial survey must bring us out will not come to their assistance nobody can do anything. of an atmosphere of gloomly introspection into an assuring realiza E'ar from it being impossible for our railway,- again to retum to a tion that, great as our dislocations may seem to be, we relatively are profitable footing, I believe it is possible to demon. tmte that on au in an enviable position. Our Nation is unshaken, and as a people we average they will become -very profitable. If we as umc that the re are getting our bearings in a world of perplexing economic adjust duction of prices and wage level·· will settle at a plane no lower than ments. While there is unemployment and lack of profit taking, we 50 per cent ovet· prewar, and if we assume that the pre;·ent rates are are free of panic. We are comparatively more restless than injured. to maintain, and if we assume restored traffic, then the earnings o! our For instance, as heavy as our tax burden is it is still less than one railways would exceed 15 per cent on the whole of thP commis ion's half as great in proportion to our national productivity as the othet· tentative valuation. Surely there is room here for ;:;afety to invest- states in the war. . ment as well a:, relief to the shipper. The violence of our readjustment, however, is without parallel, But the circum tan.~es being a::; t hey are, confidence beiu; at a lo\v and we sometimes tend to color our measures for the future by the de ebb, we do not have the equipment necessary for our business. We al'f' pression we are in. The fact is that we must predicate all plans for driving headlong for a setback to ou1· whole commerce tile very moment the future on the ultimate return of the American people to a normal that we begin to get on out· f~t. economic activity with our annual progress in the expansion of our In these circumstance.'! it seems to me vital that the railways a: our production, of our plant and equipment, of our skill and our efficiency. greatest industry should tH'opose a courageous program of brc_>ad There can be no question that this return will take place, and no re visioned betterments, and if necessat·y the Government should consider ·ponsible . body will approach our problems on any other basis. Not giving the uso of its superior credit. It wonld not cost the taxpayer a one of u.s would submit to the charge that we were not prepared to ceilt to give the Government guaranty to equipment trp.sts upon the bet against any odds upon the future of the United States. Our prob primary responsibility of the railwavs, the proceeds devoted entirely lem is to expedite this recovery-to speed up employment of our work to improvement and equipment. This is no propo. al to take money ·ers and thereby find market for our farmers. from the taxpa:>-er. It is a pt·oposal t~ save him f rom payi~1g treble it we look at the national economic situation as a whole. the greatest the amount of his guaranty in profiteermg an~l lo~ e~. It wii_I render impulse that can be given to recovery ft·om any source whatever is a a reduction of rates earlier, for unless somcthrng 1s done the Improve reduction of rates on primary commodities combined with the immediate ments will have to be paid over years out of increased rate,. Not· would we lose & cent upon the guaranty, for if .American railway· can resumption of railway construction and equipment. The first depends not earn interest upon their borrowings let us tbrow up. om· hands upon reduction of operating costs, the second upon restoration of credit and prepare for a second Russia. for our railways. · A real program of construction would in it: -.arious ramifications One thing is absolute. Our transportation f?-cilities are. below the give relief to five or six hundred thousand of our unemployed. It needs of our country, and unless we have a qmck resumption of con 'vould enable even added numbers to increase their standard of living, struction the whole community-agricultural, commercial, and indus and thus give increasr•d market to the produce of our farmers. Our trial-will be gasping from a strangulation caused by insufficient farmers who look to foreign markets for their surplus should stop to transportation the moment that our business activities resume. For consider that our home consumption of meat decre:1sed nearly 7 J?Onn~s the past five years we ha':'e had n!l consequentip.l expansion ~o our rail per capita in 1921, mostly owing to unemployment, and that 1f thuc wn:v transportation machme. W1th but one mterval of mne months decrease conl The follo\Ting taule sbo\T · a few commodities and servke- groups, The increases in railway rates dming the past five years have· fallen compared to 1913 as 100: with extraordinary inequality on (lifferent commodities and. d~erent 0 98 groups of people in the community. The country grew up, Its mdus 92 tries were distributed under ratios of costs between different commodi RetailIft~nf~ foodstuffsJi~: !~ ______Pt!~ i!~:======_ 150 ties ratios between raw materials and finished goods, ratios between Cotton, at -the farm ______· ------136 the' farm and city. These have all been distorted by the horizontal ~ool, at the fariD------101 rises. The increases in rates since 1914, for instance, have added Retail clothing______313 probably less than 1 per cent to the price of cotton goods on the aver Steel billets, Pittsburgh ______..: ______113 age haul, but it has added probably 60 per cent to the price of coal. 86 The increased rates since 1914 have added nearly 100 per cent to the 90 .cost of assembling the materials for pig iron. - . Pig~tifg:~======~======~======iron, Pittsburgh------~------128 All this artifically forcing our industry to move toward their raw BituiDinous coal, at the mine (estimated four distncts) ----- 160 materials. This does not alone represent the starting of a new factory; Bituminous coal (retail various localities)------ 198-220 it is a movement of the whole mechanism of the community, labor, Yellow pine lumber (at the mill)------~--- 189 homes, schools, railways, and what not-an enormous duplication of .Dou.,.las fir lumber (at the mill)------·------125 plant and loss of capital. We will ultimately have the rates re Lumber (retail) pa1·tly estimated ______200 adjusted, and then we will destroy the new industries created under it. Cost of living variously estimated from ______162-180 Of equal importance there is a new economic light on this distor ~ageFarm scales labor (approximate) ______~ _ tion of rates evident under the stress of the last few years. That is, 135 the better realization that some increase of rates come IDostly off the Textile industries------210 producer while others are paid by the consumer. Increases in spread 150 between producer and consumer do not fall equally-upon each of them. 200 In primary commodities where the price is fixed by international com ~etal trades______: ______~~ej~~~~~~~~======218 petition the increase or decrease in rates is a deductioR from the pro Building trades ------ 190 ducer. Take wheat, for instance, the point of competition with foreign Coal-mining scales------173 produce lies at Liverpool. The net to the producer is Liverpool less This table at once demonstrates: - ·transportation and other handling charges. Therefore increases . of (1) The inequality in prices and wages between different groups of rates are a deduction from the farmers' price. The same thing applies commodities. , , " to the producer in certain cases of domestic competition. Also. ~vhere (2) The great increase in spread between "producers and con there is rapid turnover, as in manufacture, and consequent abi11ty to sumer's" goods. reduce supply, the consumer pays the freight, as processes of produc tivity will not <.'()ntinue below profit_ point. In most .manuf!lctured ~om (3) The lag in wage scales . modities the consumer pays the freight, for production qmck!Y shrmks .As the population engaged in the "de~ated" producer's goods-; when prices at the factory become unprofitable and the pnce to the agriculture and metals, wood, etc.-compnseR one-half the total m buyer is the factory price plus the freight. For instance, in hides the number of the Nation, their power to buy the same ratio of consumer's farmer gets the international price less freight. On boots he pays the goods has been reduced to less than 70 per cent of prewar, and is the· consequent cause of a large part of the industrial and commercial un manufacturer's cost, profit, and freight. employment· and stagnation in our cities and our transportation .. It appears to me that with the paralysis induced by the increased I wish to especially call your attention to the indicated enormous spread we have to take a broader vision of what part of the COJ? munity is suffering most and direct such c?ncessions through the r·~il inc1·ease in spread between primary producer's and ultimate consumer's way rates as can be given to that group, If we would better equahze ~oods. In considering it, we must bear in mind that when 've use 100 tor both consumer's and producer's goods of 1913, we have already t he whole economic load. During the past eight months the railways have made many ~hou included the spread between producer and consumer at that period. sand readjustme:cts of local rates in endeavoring to heal local diStor I therefore believe that the index numbers indicate an increase of 100 tions but I am convinced that the whole railway rate structure needs per cent in the actual spread. It is right here where the most or our economic difficulties lie to-day. Our increased cost of manufacture and I a most systematic overhaul in the light of these new economic forces distribution bears two relations to the rate question-first, that the in that have been brought into play. ~e obvionsly must maintain the crease of rates from 30 per cent to 100 per cent in different commodities average rate that will support our transportation systems adequately, are part of it, and are in turn part caused by it; and, second, the in and such an overhauling of rates might quite well mean the a!lvance creased rates bear very unequally on different groups in the community. ment of rates in certain commodities in order that compensatwn can If we search for the cause of this increase of spread we shall find be given to others where there is undue duress. therein a vast complex of increased taxation, increased wages, rents, If I were to discuss the rates charged to-day I should say at once that and a dozen items, all reacting upon each other, and also expressing a decrease in passenger rates is not nearly so vital to the community as freight rates, for passenger rates do not enter into the "sp~e~d" in themselves in increased cost of operating the railways. For instance, proportion to the relative volume of earmngs. If I were exammmg_ the the total increase in national, State, and municipal taxes since 1913 freight rates I should at once say that coal, metals, wood, and agncul is approximately $5,640,000,000. .At the present purchasing power of tural and other producers• goods should be reduced to the bottom the dollar our total national productivity is probably somewhere around before I. c. 1. and class rates are touched. . $50,000,000,000, of which over 10 per cent must D;OW be. devoted to in CI'eased taxes. This sum of money must be obtamed either from the I would be willing to go even further and say that I am !!on"'!mced that even if the commission can not at. t~e present mo!lle~t JUS?fiaply producer or the consumer, and in any event a considerable part of the red-uce railway incomes a single dollar It IS warranted m mvestigatmg taxes contributes to widen the spread. Because the increase in spread the possibility of some relief to the more distressed commodities hy a due to taxes necessitates a spiral of increased wages, rents, etc., and revision of some rates upward. There is perhaps no great field for before its force expends itself, my own opinion is that possibly 20 changes in this direction, but it is worth inquiry. As mentioned above, points in the distort':d index num~er flows f!om increase(! taxes. an economic analysis of our industry will show that l. c. 1. and class The increase of railway rates smce 1913 m Class I railways, 1921, rates are far too low compared to the rates on primary commodities. is about $2,600,000,000, of which about $_1,400,000,000 are due to wage With the gradual return of the traffic to normal, with decreased increases and about $160,000,000 to tax mcreases. ~f our traffics were normal the total increase of rates would be more llke $3,500,000,000. operating costs, relief in rates :Will be a:railable, and }t would be an These 'sums enter into this increase in the spread and carry with economic crime to apply such relief by honzontal reductions to all r~tes thus giving relief to high~r: :priced good~ and travel, when the v1tal them a further trail of increased living costs and again a spiral of mainspring of our economic life, our. agnculture, and fuel and metals higher wages, rents, etc., in all other branches of manufacture and are choked. di~Jhi~~~ti~~e other causes of the increased spread, some of which will THE PRESE!IIT RATE SITUATION. be mitigated with time. Determination of anything in the nature of permanent rate basis is No one can say to what particular table-land of prices and wages in my own Tiew impossible at the present time because: \Te may settle upon, but it 1s a certainty that the exchange value of The last five years of ch8llging administration, irregular tra~c, and producer's goods will not again line up with consumer's goods unless wildly fiuctuatinoo· wages and prices of materials give us but lit1;le re we can decrease the costs and eliminate· the wastes of our whole liable historical ~riteria upon w!Iich to base the future. ~e are .m the manufacturing and distribution trades. .And unless we can secure IDidst of violent economic readJustments, of a profound ~nd~stnal de· their nearer proximity we will retard a return of employment and pression. No one can determine to what plane the reduction m operat prosperity. . . u1g costs will settle. No one cau estimate the volume of traffics i:hat I wish to digress for just a moment ft:om railway. to agncul~ral are probable for any particular period ahead .. It a_pp~ars ~o me, there subjects, to point out that the recent pro~ects for fixmg ~arm p~Ices fol'e, that the commission will need to temp~nz c the ~1tua_tion for some by law are apparently founded on the notion that by raismg agncul time and that its conclusion may well fall mto three .~nods : tural prices up to the levels of consumer:s ~oods we _can reme?y the First The immediate present. · extreme hardship of our farmers. E-ven If 1t be possible to raise the - Second. During the early period of decreasing costs and increasing prices much less advantage would accrue to the farmer than antici- efficiency and slowly recovenng traffics. ated.' Unless the "spre~d " .is decreased by actual sav~ngs, ~e costs Third. Normal operations. ~f manufacture and distnbutron would be at l eas~ partially mcreased THE IMMEDIATE PRESENT. by higher prices of producer's goods. The SP.read 1s fundamentally due to' increased cost of manufacture and distnbution, not to the fall in If we survey the results of the p_ast year i_n, the applicat~on of present costs and rates we find many railways fatlmg to earn mteres~ upon producer's goods. The real remedy is an ;;tttack upon the causes of the spread and thereby to bring consumer s goods down to the pro- their borrowed cap~ta}; we find so.me others ~ore fortuna~ely situated who have earned diVIdends OJl therr share capital. On~ 01. two excep ducer's buying power. . tions of low bonded indebtedness have . donE; extraor~:hn!!-rily _.Cell on It is a certainty that in order to decrease the spread railway rates their share capital. If we survey the Situation by districts, m order must come down and for rates to come down costs of railway opera that single instances do not mislead us, we will. find that ~e whole of. tion in wages aX:d prices of suppJ!es must. be re?uced. ,Until this ad the class 1, southern roads, barely covered bond m_terest, while the most justment is secured the economic machme Wlll continue to move fortunate group, the .western r?ads, show an ea.rm_ng of _only 4 per ce.nt slowly. We can not and should not expect wa.ges t!l come bac.k to in 1921 upon tentative valuation. ~oreover, It ~s obvwus that m!lm prewar levels. Many of our wage scales were too l~w. m prewar tlllles. tenance has been held to a low level and new eqmpment and extensiOns They can follow down step by step with the cost of Irvmg, but there are practically nil. . ermanent charges in this spread, such as the taxe_s, which will hold The present earnings in thror p~rilous ~losen~ss to bond obli?ations fhe cost of living above prewar levelf!. We mll;St gain our other reduc seem to me to dispose o~ the question. of I~D;med1ate important -x.ate re tions in the spread by increased natwnal efficiency. lief if we do not wish Widespread receivership and shocks to om whole 'l'BE METHOD OF READJUSTING RATES. commercial fabric. . . , The involved complex of tJ.:ansportation rates was o.b~iousl:y . origi I believe there are cases where earmngs could be mcrea~~ by lower nally based on some relationship to the value of commodities, nntigated rates I know that it is contended that s~ch opportun~ties do not b competition: In other words, the old slogan of ·:what_ the traffic exist; but no one can review the testimony gtv~n here. du~·mg the pa~t .J'u1 bear" had some economic backgrou_nd. But. this entire concep few weeks without concluding that the rates 1n spec_Ial mstanc~s are tion of rate making was destroyed by honzontal raises. We have rates stifling business. These directions are l?erhaps not Important m the clearly beyond what the traffic can bear. whole problem of rates, but I am com·mced that lower rates would LXII--138 2186 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6, recover lost traffic1 such as e;xport coal, substitutions in building mate credit for the term of their enlistment in proving up on the ria.ls, gains in water competition, etc. homestead. However, they must reside for at least a year on THE SECOND PERIOD--DURING 1922. the homestead. That credit is only given to those who are dis We must assume that those railway wages and suyplies which are out of line will, at least in part, follow down to the levels of decreased charged on account of disabilities incurred in the line of duty. cost of living; we must as ume that the efficiency that is slowly emerg The soldiers who are not discharged on account of disabilities ing after the Government m:l)lagement will .still further increase ; we incurred in the line of duty but who afterwards are shown to must assume that the volume of traffics will increase toward normal. I have the feeling that the railways, being our greatest business, will have a disability incurred in the line of duty are not gi\en that agree that all these savings should be instantly devoted to relief in the credit, and this is merely to extend the credit under section rates on primary commodities in order that we should expedite the 2305 as amended by the act of February 5, 1919, to both lasses. recovery that can only come through decreased spread between the producer's and I!Onsumer's goods. That is the purpose of the first section in the bill. I recognize that the uncertainty and slow reduction. of rates in this Mr. NE"'WTON of .lllinnesota. Will the gentleman yield? fashion will itself delay business recovery, because of the uncertainty Mr. SINNOTT. I will. of business as to its future costs. If our railways were in position to stand the temporary shock, it would be infinitely better to drop the Mr. NEWTON of Minnesota. The men who are discharged, rates on primary commodities to-morrow-our business reco-very would but without a surgeon's certificate of disability, and who have come faster. But we ean not ask the impossible. since become disabled and that disability can be traced to THffiD. service, would have the same privilege under this act as if If we look fm·ther to normal times, we could make a rough cal given a surgeon's certificate at the time of discharge. culation that present wages and costs at, say, 50 per cent above pre war would show that the rai.lways can earn somewhere around a Mr. SINNOTT. The gentleman has correctly stated it, more billion five hundred million dollars in excess of the 6 per cent minimum so than I have. upon tentative valuation. As I have stated, relief is first more criti Mr. NEWTON of Minnesota. Now, the words "extended to cally needed in the rates on primary commodities. Some estimates given to me indicate that approximately 35 or 40 those regularly discharged from such service," as I understand, per cent of revenues are invoived in the groups more qrgently needing would take in any discharge which was regular~ it might take u relief. I think it will also bear calculation that in the income assumed discharge from a draft or what is called a blue discharge, or au above that primary commodities can eventually be reduced to prewar rates and still place earnings upon a basis that will inspire such con honorable discharge, and I do not know but what they would fidence in investors as will secure the free flow of investment capital take in a court-martial discharge. into construction. It is not to be expected that capital for these pur Mr. MANN. Could such a person receive compensation? poses wUl be available at the rate tbat . does not exceed the tax-free securities at least 2 per cent to 3 per cent. Mr. NEWTON of 1\Iinnesota.. No; the soldier with a dis XFFICI.ElNCY OF RAILWAYS. honorable discha1·ge is not entitled to compensation. A great deal ha.s been said about the inefficiency of our railway Mr. MANN. If the Government discharges a mim and then system. I do not sympathize with these statements. Comparison with under the law pays him compensation for wounds received or foreign railways of the fundamental criteria of per ton-mile costs, disabilities incurred in service, why should not they give him train loading, etc., in the light of our cost of living will demonstrate that our railways are of higher standards, better in methods than others, the same right they give others? and arc growing in efficiency. 1\Ir. NEWTON of Minnesota. I do not know but that the The consolidation of our railways into larger systems has been con gentleman is correct in that. templated in our legislatures for some years past as a gain in efficiency. Its value can be overestimated; it is n.ot a panacea for all trouble. Mr. MANN. That is all there is to it. It cloes give hope, however, of economy in further efficiency from Mr. :NEWTON of Minnesota. It seemed to me that the more complete utilization of rolling stocks and terminals, some small e~pression " regularly discharged " is rather novel and might degree of saving in overhead, saving in current inventories, but its probably great saving that would be decreased cost of proper finance, open up an avenue for others -to come in. increased financial stability, and fuller independence from the supply Mr. SINNOTT. But it is tied in with the awa1·d of compen companies. sation. It is probably unnecessary to refer to the question of Go>e:r.nment ownership. No one with a week's observation of government railways Mr. 1\I.ANN. Do these men have to reside on the land at all? a\lroad, or with Government operntion of industry in. the United States, Mr. SINNOTT. Yes; they have to reside on the land a will contend that our railways could ever- be operated as intelligently year before they prove up. or as efficiently by the Gove1·nment as through the initiative of private can individuals. Moreover, the welfare of its multitude of workers will be Mr. MANN. Is not the real purpose of a bill of this kind to far worse under Govern..nrent operation. permit these service men to file claims where land is opened and We are struggling with the great problem of maintaining public con then sell out without any ptetense of cultivating the land? trol of monopoly, at the same time maintaining the initiative of private enterprise. I believe that we are steadily progressing to solution. 1\Ir. SINNOTT. No; not at all. It is to take care of those Great social and economic problems find their solution slowly and by who are injured and who were not discharged on account of the a process of trial and error. We have tried unregulated monopoly and injury, where it afterwards developed that the injuries were have tried Government operation and found the error in them. We still have much to solve if we are to ID'a.intain our transportation. incurred in line of duty. Much of this solution depends upon the successful initiative of the rail Mr. MANN. Of course, the western country, where the l::mcl ways themselves, and. much of the shaping of these matters lies for is, is much more interested in it than any other. place? tunately in your able hands. Mr. SINNOTT. Yes. PRIOiliTY RIGHTS AND EXEMPTIONS FOR EX-SERVICE MEN. Mr. COLTON. May I not also suggest to the gentleman from Tlle next business on the Calendar for Unanimous Consent Illinois that there are a number of cases where these soldiers was the bill (H. R. 9633) to extend the provisions of section had filed on the land prior to their having entered the Army, 2305, Revised Statutes, and of the act of September 29, 1919, to but the disability incurred in some cases did not develop until those discharged from the military or naval service of the after their discharge ; at least it was not connected with the United States and subsequently awarded compensation or service until after their discharge. treated for wounds received Ol" disability incurred in line of 1\Ir. STAFFORD. They are receiving compensation by rea on duty. or that disability? The SPEAKER pro tempore. Is the1·e objection to the pres Mr. COLTON. Yes. ent consideration of the bill? Mr. STAFFORD. The idea is to cover the special case of l\Ir. STAFFORD. Reserving the right to object, as I under those where the injury developed after their discharge from the stand, under existing law the soldiers of the late war holding service? an honorable clischa1·ge have the privilege of having their· serv 1\Ir. COLTON. Yes. ice while confined in hospitals or while incapacitated by reason l\1r. STAFFORD. Because under existing law they have all of wounds received in the service considered as commutation those privileges to-day if the injury was incurred during the under the homestead law. servtce. Mr. SINNOTT. The gentleman is stating it broadly. Mr. COLTON. That is it. M.r. ETAFFORD. Now you seek to get a new classification Mr. SINNOTT. The second section of the bill provides for as to what are described as regularly discharged from such leave of absence for ex-service men who were furnished treat ser¥ice. Heretofore the privilege has been limited to those hav ment by the Government for wounds received or disability in- ing an honorable discharge. "Wbat does the new phraseology cw:red during the service. · "regularly discharged from the service" include in addition to The SPEAKER pro tempore. Is there objection to the present honorably discharged soldiers? consideration of the bill? -l\Ir. SINNOTT. This would include lwnoraiJly di charged Mr. STAFFORD. Mr. Speaker, I withdraw the re er\ation soldiers. of objection. Mr. STAFFORD. And who else? The SPEAKER pro tempore. The Chair hears none, uud the Mr. SINNOTT. That is all. Clerk will report the bill. Mr. STAFFORD. Under the present law they hal'e that The Olerk read as follows: .privilege to-day. · Be it enaated, etc., That the provisions of SE.'ction 230;), Revised Statutes of the United States. as amended by the act of February 25, l\Ir. SINNOTT. The gentleman from Wisconsin misunder 1919 ( 40 tats., p. 1161), so far as applicable to tho discharged from stands the law. Under the present law ·oldiers honorably dis the military or naval service because of wounds received or disability charged on account of disabilities in the line of duty are given incurred therein, be, and the same are hereby, extended to those regu- 1922. CONGR.ESSIONAL R.ECORD-HOUSE. 2187 larly discharged from such service and subsequently awarded compen Mr. JONES of Texas. Reserving the right to object, have ·n tion h.r the <.Jo\ernment for wounds received or disability incurred in line of duty. these men who own the adjacent land all of the land theiT deeds .:Ec. 2. That the provisions of the act of September 29, 1919 (41 call for? Rtats., p. 288), entitled "An act to authorize absence by homestead settlers and enh·ymen, and for othe:r purposes," be, and .they are hereby, Mr. BURTNESS. The gentleman is probably familiar \vith extended to those who, after discharge from the military or naval the fact that a patent does not necessarily determine just what service of the United States, are furnished treatment by the Government the acreage is in land they get from the Government. for wounds received or disability incurred in line of duty. _ Mr. JONES of Texas. They usually have the number of acres The SPEA.KEU pro tempore. The question is on the engross set out, do they not? ment and third reading of the bill. '1\Ir. BURTNESS. Ve1·y often they do, but in many cases they The !Jill was ordered to be engrossed and read a third time, may be either long or short. was read the third time, and passed. 1\fr. JONES of Texas. Frequently there is an excess, but if On motion of l\lr. SINNOTT, a motion to reconsider the vote by these men do not get this lake-side land have they all of the wl1ich the bill was passed was laid on the table. land that their patents call for 3 Mr. BURTNESS. I do not know as to that. As the gentle SALE OF PUBIJC LANDS A.T TENDERFOOT LAKE, WIS. man says sometimes there is an excess above the figures that The next business on the Calendar for Unanimous Consent may be given in the patent, and just as often there is not an was the bill ( S. 2468) providing for the sale and disposal of excess but a shortage. There are but a few acres in this case. public lands within the area heretofore surveyed as Tenderfoot The, principal purpose of the bill is to allow these people to Lake, State of Wisconsin. . purchase this land so that they may have access to the water, The SPEAKER pro tempore. Is there objection to the present which they ha-ve had all of these years but without title thereto. consideration of the bill? Mr. JONES of Texas. The thought I had in mind was this, 1\fr. l\IANN. 2.\Ir. Speaker, reserving the right to object, let us that if these men had the land that the title calls for does the know what this does. gentleman think we ought to sell them surplus land at less than Mr. BURTNESS. ~1r. Speaker, the sole purpose of this bill its actual value 1 is to make provision for the disposal of some lands supposed to Mr. M.A.....~N. If the gentleman bad bought a piece of land be public lands near Tenderfoot Lake, in the State of Wisconsin. from the Government which he and the Government thought ex When the survey was made, some 50 or 60 years ago, it was tended to the shores of the lake, which right he considered erroneous, and the meander line of the lake and the shore line valuable, he would want to get title if be found 3 or 4' feet of the lake did not coincide. That leaves some land between between him and the lake. the meander line and the shore line. People who have owned Mr. BURT}.TESS. Of course, this bill does not give the land the land and who thought they owned the -land up to the shore to these people, but gives them a preference right to purchase it. line of the lake have found out their land does not reach there. It is practically of but small value to anybody else except tbe. e The department has recommended the adoption of this bill, owners unless somebody wanted to go in there through spite. having heretofore some two or three years ago ordered a survey Mr. JONES of Texas. How many acres are there? to be made to determine just what public lands there actually Mr. BURT'NESS. There is approximately-- are. This bill giws a preference right to the owners of the 1\lr. JONES of Texas. If it is a narrow strip, of course that adjacent lands to purchase whatever lands may be found to would be entirely correct, but if there are several sections in exist there at $1.25 an acre. there it seems to me like we are giving considerable advantage Mr. MANN. Are these lands now worth $150 or $200 an by letting them get it at the price they do. If I read the bill acre? · correctly, there are several sections. 1\fr. BURTNESS. They adjoin swamp land and are not sup Mr. BUR'l'NESS. This strip, I understand, extends around posed to be very Yaluable. Just what they are worth I can the entire lake, and the total aereage of it is approximately 300 not say. The number of acres that could be purchased by each acres. The lake i a lake of considerable size. It has several of the owners interested is relatively small. It would give to surveyed islands within its limits, so that the gentleman can the adjoining owners access to the lake itself. readily understand the size of it. ~Ir. }!ANN. Is this lake a summer resort? Mr. .JONES of Texas. It is a very narrow strip? ~Ir. BURTNESS. One of the owners has some sort of a Mr. BURTi\TESS. Yes; comparatively so . . ummer resort placed there nearby. I do not know whether you The SPEAKER pro tempore. Is there objection? [After a would call it a summer resort within the gentleman's meaning pause.] 'l"he Chair hears none, and the Clerk will report the of the term or not. That would probably depend upon how bill. much enjoyment the people who go there get from it. The Clerk read as follows: i\lr. MANN. As I understand it then, when this land was Be it enacted, etc., That on the survey of any public lands fo?nd to entere l\Ir. BOIES. When. a person contracts in keeping with the The. SPEAKER pro tempore. Is there objection? [After a law then ih force, a declared by the supreme court of the pause.] The Chair hears none. State, he thus acquires a property interest that can not be The Clerk will repott· the bill. .. taken away· by a subsequent reversal by the supreme court of The Clerk read as follows: 7 ths:t State of its former holding. However, the supreme court An act (S. 1831) to. amend se-ction 237 of the Judicial Code. of a State does sometimes reverse its former holdings without Be it enacted~ etc., Tbat section.. 237 of the Judicial Code is hereby declaring the fact, and in such case, where vested property rights amended by ::\dding therto the following : are affected adversely, the Supreme Court of the United States "In: any suit involving the validity of a contract wherein it is claimed that a cliange in the rule J)f ll\.W or construction of statutes by the will right the wrong, if the question is properly presented. In highest court of 11 St~te applicable to such-contract would be repugnan~ order to have review by the Supreme Court-of the United States to the Constitution of the United States, the Supreme Court shall, upon the question must have been first claimed o·:x: thll: right a.z'.:)erted writ of error, reexamine, reverse., or affirm. the final judgment of the highest court of a State in which a decision in the suit could be had, in the State court. This bill affords the remedy, and by mak if said claim 'is made in said cow:t at any time before said final judg· ing claim in a petition for rehearing in the State supreme court ment is entered. and if the decision is against the claim so made." the Supreme Court of the United States will entertain a writ The SPEA.KER pro tempore. The question is on the third of error and correct any errors of.. the State court. reading of the Senate bill. l\fr. STAFFORD. Has the gentleman any estimate as to the The bill was ordered to be read a third time, was read the number of cases that would· be- submitted to the Supreme Court third time, and passed. when such provision. as this has been the law during the last , On motion or l\lr. Boms, a motion to reconsider the vote by 10· or 20 years? which the bill was passed was laid on the table. Mr. BOIES. I do not suppose there w.ould be a case· once in The SPEAKER pro tempore. The Clerk will report the next five years. bill. . l\fr. STAFFORD. I withdraw the reservation of obj~ction. RELINQUISIDNQ TITLE TO LA..NDS IN ALABAMA. Mr. L01\TDON. Will the gentleman yield.? Mr. BOIES. I will. The next business in order on the Calendar for Unanimous l\fr. LONDON. Has the g"9ntleman from Iowa any particular Consent was the bill (S. 2124) to relinquish, release, remise, cru e in mind '1 and quitclaim all right, title, and interest of the United States l\fr. Borns. No, sir. The question arose and we went ta of America in and to all the lands contained within sections 17 Chief Justice Taft to see it there was any objection on the and 20, township 3 south, range 1 west, St. Stephens meridian, part of the Supreme Court judges, and learned that there was Alabama. none. The SPEAKER pro tempore. Is there objection to the pres Mr. LONDOX At whose request was this legislation sug ent consideration or the bill? [After a pause.] The Chair gested? hears none. Mr. BOIES. The legislation was inaugurated in the Senate. The Clerk read as follows : The bill was. introduced by Senator CuMMINS, of my State, An act (S. 2124:) to relinquish, release, remise, and quitclaim all right, passed the Judiciary Committee there, IJassed· the Senate, and title, and interest of the United States of America in and to all: the lands contained within sections 17 and 20, township 3 south, range has been reported by the Judiciary Committee of the House 1 west, St. Stephens meridian, Alabama. after consultation witlt members of the Supreme· Court. Be it enacted, etc., That the United States of America hereby for- 1\fr. MAN ... ~. If the gentleman will yield! the gentleman from . ever relinquishes, releases, and quitclaims all righti title, and interest New York has the same curiosity that I have about this as to in and to all the lands now held under claim or co or of title by indi the nature of the proposition. I am infonned there was a case vidual or private ownership or municipal ownership and situated. in. the State· ot Alabama, within the boundaries of sections 17 and 20, in the· Supreme Court of the State- of Iowa where this provision township 3 south, range 1 west, St. Stephens meridian, Alabama, might have been desirable under certain circumstances. That wh-ether or not patents issued therefor by the United States would be cas · was disposed of and this will not· apply to it; but one of construed to include all the lands included within the boundaries of said sections. the judges of the Supreme Court' of Iowa who took part in The true intent of this act is hereby declared to be to concede and the decision of that case considered it important enough after abandon all right. title, and interest of the United State to thos wards, when he was no longer a judge of the supreme court, to persons, estates, firms, or corporations who would be the true a-nd lawful owners of said lands under tbe laws of Alabama, includin"' the call attention to it, so it is not intended ta apply to any partie laws of prescription, in the absence of said interest, title, and estate ulan cnse. of the· said United States. 1\lr. LONDON. I thank. tho gentleman. The SPEA...KER pro tempore. The question is on tl:te third l\Ir. WILL1AJ.\1SON. If the gentleman will yield, I am not reading of the Senate bill. entirely clear a to what the effect of this bill will be. As I The- bill was ordered to be read a thil'd time, 'im read the unc1 rstarul it, the purpose of the. propo~ed amendment is to tbird time, and passed. permit an appeal to the United States Supreme Court from the On motion of l\fr. J:F.'FFERS of Alabama, a motion t.o recon decision of a State court revePsin CY· its formet interpretation of sider the vote by which the bill was passed was laid on the a. law under which contracts have been ma.do in. reliance upon table. such earlier decisions. UKE GEORGE, YAZOO COU 'TY, J.USS. 1\lr. BOIIDS. Yes, sir. l\lr. WILLiilfSON. Afterwards the Supreme Court take· a The· ne~t business illi order on the Calendar for Unanimou'S different view of the law and reverses itself? Consent was tho bilL ( . 1162) declaring Lake Georg Yazoo Mr. BOIES. Yes. County, l\Iis ., to be a nonnnYi.gable tream. Mr. WILLIAMSON. Ordinarily the Supreme Court would The SPEAKER pro tempore. Is there objeC!tion to tl1e con~ say that the construetion given has been so long in force a to si l\lr. COLLIER. I would like to show the gentleman from Mr. MANN. \Ve can not determine what is a navigable Illinois the photograph. stream except from the standpoint of legislation. That is left 1\Ir. MANN. I would not undertake to pass upon a photo for the courts in the end to determine. But here is the report graph of that kind. If the War Department say that they have of the engineers, which says : found 18.4 feet of water there, I assume it is true. If the situ As the waterway in question is evidently a navigable water by exchange of lands ·or by timber that is now growing on the forests and under the direction and supervision and in accoruanc with the require~ents of the S~cretary of Agriculture. Lands conveyed to land. What is the limit beyond which the Forest Service may the Umted States under thts act shall upon acceptance of title. IJecom not go in expanding the forest reserves, so that they will not parts of the Wena!chee National Forest. -include everything in the State? 1\!r, SINNOTT. Mr. Speaker, I desire to offer an amendment Mr. SINNOTT. They are limited by the lands described in to section 1, which bas just been read. By mistake the printed the bill. bill does not contain all of the committee amendments in sec l\1r. STAFFORD. Oh, yes. tion 1. I move to strike out the word " if , in line 8. 1\Ir. SINNOTT. Of course, their purpose is to take into the The SPEJA.h..'"'ER. The gentleman from Oregon offers an forest the lands that adjoin the forest, some of them cut over, amendment which the Clerk will report. some of them containing timber, the cut-over lands being all of The Clerk read as follows : potential forest value. The Government may obtain them very Amendment offered by Mr. SI:S:SOTT: Page 1, line 8, trike out th cheaply, and they will grow another crop of timber. Before word "if." these forest reserves were created a great deal of this land The amendment was agree Mr. WILLIAMSON. 1\Ir. Speaker, reserving the right to be desirable to have troops in · some of those parks instead of object, I call the attention of the author of the bill to page 8 of having the sernce run solely by civilian· in our readjustment the bill and the committee amendment appearing thereon, read of our military and naval affairs. ing as follows : 1\Ir. BARBOqR. I readily understand that conditions might Pt·oz•ided, That no permit, license, lease. or authorization for dams, arise in which troops could be used in the parks. They have had conduits, reservoirs, power houses, transmission lines, or other works them there for police purposes, but there was continual friction for st or~ge or carriage of water, Qr for the development, transmission, or utilization of power within the limits <~f said ~_)ark as herein consti between the troops and tourists. h1ted, shall be granted or made without specific authority of C~ngress. Mr. MANN. There is continual friction between the park Ought that not to be further· amended by adding to it a pro authorities and some tourists at all times and alway will lJe, viso as follows : becau e they are not wholly reasonable, I suppose. Nor shall any dam be so constructed outside of said park as to dam Mr. BARBOUR. I hm·e known of some friction myself. up any streams flowing therefrom in such manner as to cause :flooding Mr. MANN. I do not think there ought to be in a provision of any part of said park. for a particular park a general provision of law relating to all Mr. BARBOUR. You could not do that. The physical condi park ·. It seems to me it is a very bad form of legislation. Of tion · out there are such that a clam built outside would not cour e, we sometimes stick things in where nobody can find flood the a rea inside the park. . them. Mr. WILLIAl\ISON. If those are the physical condition , I l'!fr. BARBOUR. I will say to the gentleman I have no inten have no objection to the pro\i..o as it stands, but otherwise I tion of that kind so far as I am per ·onally concerned. I am think if should be amended. perfectly willing for the bill to be amended, becaus·e I do not Mr. BARBOUR. The treams in that particular section are think it makes any material difference whether it is in there or precipitous. They run down rapidly to the -valley and the riot in view of the present policy of the park service. lower hills. 1\Ir. FROTHINGHAM. Will the gentleman yield? Mr. ·wiLLIDISON. I withdraw my resernltion of objec l\fr. BARBOUR. I will. tion. l\1r. FROTIDNGHAl\f. Do I understand they do not mean Mr. 1\IA..t"\fN. 1\Ir. Speaker, reserving the right to object, whose to keep troops in any .parks? idea was it to stick a general law relating to all parks in this l\11·. BARBOUR. I understand the policy of the park service bill, which relates only to Sequoia National Park? is not to use troops for patroling any park. Mr. BARBOUR. The general law applies to park existing l\lr. FROTHINGH.Al\1. Does that include the Yellow tone at the time the law was passed. The gentleman refers to the Park, where we have a regular military force? so-called Jones-Esch Act? . · Mr. BARBOUR. I understand not now. Mr. MANN. I refer to section 5, which proposes to repeal a Mr. FROTHINGHAM. How are they going to protect people general provision of law relating to all parks in a bill that in the parks? relates to a particular park. Section u provides as follows: Mr. BAUBOUR. Rangers. SE . 5. That the act of June G, 1900 (31 Stats., p. 618 ), o far as Mr. FROTHINGHAM. They are run under tlJ.e Forest the ame applies to the use or employment of United State· troops in Service? any mftional park is hereby repealed. Mr. BARBOUR. No; the park service-park rangers. They What place has that in this bill? are similar to the forest rangers. 1\lr. BARBOUR. .I will tell the gentleman why that was Mr. FROTHL~GHAM. They are armed? put in. There has been a great deal of trouble with troops in Mr. BARBOUR. Yes. national parks. · · Mr. FROTHINGHAM. They can shoot down these bear and Mr. l!ANN. Why does that make it pertinent to thi · bili? other animals that are apt to attack people? l\lr. BARBOUR. The park service has advised me that it is Mr. BARBOUR. Yes. not using troops any more, and does not intend to use them in Mr. FROTHINGHAM. I a>~k the question because once when the parks. I was camping in ·the Yeilowstone Park a grizzly bear came and Mr. :llANN. Wl1at has that to do with the que tion that I chewed up and almost killed two of the guides. am ·asking? Why endeavor to stick in a bill relating to a par Mr. BARBOUR. And the gentleman was not permitted to ticular park a provision relating to all parks? bear arms in the park? Mr. BARBOUR. It makes absolutely no difference whether Mr. FRO'f.HI~GHAM. The two guides were not permitte(l it is in there or not. to bear arms in the park and visitors are not permitted to bear l\1r. MANN. It makes a difference to me. arms in the park. I think it is very important for the pro Mr. BARBOUR. I mean in the general results. They do not tection of those people who go into the park, and who are in use troops any more in the parks. At the time the bill was fact invited by the Go\ernment to go into the park, that they originally drafted that was a \ital question, and at the present be protected so they can camp there in safety and not be laid time· it is not. · open to attack by a grizzly bear. 1\Ir. STh"'NOTT. This act specifically refers to the Sequoia Mr. BARBOUR. I heartily agree with the gentleman. Pa"rk, authorizing the Secretary of War upon the request of the Mr. FROTHINGHAl\I. And it is probably due to the fact Secretary of the Interior to assign troops for the protection of that the black bear and the cinnamon bear and grizzly bear the Sequoia Park, the Yosemite, and· one or two others. are fed at the hotels, as anyone who has been in the park l\lr. BARBOUR. Per ·onally, I would state to the gentleman knows, on swill and other material that they become used to from lllinois that I thought it would be a good thing to repeal people and seem more liable to attack people. I remember tbat law. after this occurrence coming back and going to Oyster Bay to Mr. l\IA.t~. That may be. I know it has no business in lunch with Col. lloosevelt. It was after he had left office, thi, bill, however. A man looking up the law-and there are a and I came on here and tried to get Mr. Lane to do something, good many men here who never look ·up the law, although some either to allow guides to carry arms in the parks to protect do-would not ever expect to find a provision of that sort under parties they carried in there or in some other way to protect the title of Sequoia National Park. those people. After this attack occurred we sent to the nearest l\!r. BARBOUR. My idea in the first place was to provide post and got a soldier to come out there, and he stayed all that troops should not be used in this particular park. Upon night. Col. Roosevelt was particularly interested, because it talking with the park authorities they stated they were not established a theory he lJ.ad always maintained, but which usi.llg the troops in any of the parks any more, and did not in other people-naturalists and others-did not agree to, namely, tend to use them, because of the continual friction between the that the grizzly bear will attack a person without provocation troov and the tourists. So it was my idea that resulted in and without being wounded. putting this provision in the bill. I accept full responsibility 1\lr. SINNOTT. I will state to the gentleman the custom now for it. although r now state to the gentleman that in my opin is, when they go to watch the bears feed, to have two ranger ion it makes absolutely no difference if the pr.ovision goes out. go along with rifles ready to shoot. · It was last year when I 1.\Ir . .J.\1Ali,'"N. Here is the situation about that : \Ve are not was there. using the troops in the park now. We did use them. Mr. FROTHIKGHA.l\1. Well, bas the gentleman any infor l\1r. BARBOUR. . They did some good work. mation as to the number of people killed by bear. in those park~ 1.\Ir. 1\IA.NK. The general law provides that they may l>e used. or wounded by them? The park service has· been able to get Congress to appropriate Mr. SINNOT'".C. Ko; I have not. the money to do this work without the use of the troops. Mr. FROTHINGHAM. It would be -very interesting. My " ·e still appropriate money for the maintenance of troops, wife was with me, and it is a wonder we were not both killed. ju t as we duplicate that with an appropriation for the benefit But the bear went off in the woods; I do not know why. A of the parks. Being a park man myself, I vote .for all appro month after that I reu.d in the paper that a man who was priations for parks, but we do not know whether it might not sleeping under a truck in the park had been pulled out and 1922. OONGR.ESSION AL RECORD-HOUSE. 2193 killed by a grizzly bear. I would like to know how often that Mr. STAFFORD. ·wm the gentleman yield? occurs. That is why I was interested in knowing whether they Mr. BARBOUR. I yield. were going to take men with rifles from these parks. · l\Ir: STAFFORD. The reJ?ort does not state the rea ~on for l\lr. BARBOUR. I understand that the forest rangers are your separating from the existing park limits 97 ·quare miles, sufficient to patrol the park, and tliey are fully armed. and adding that tract to the Forest Service. l\Ir. FROTHINGHAM. I am glad to know it. Mr. BARBOu'"R. That is stated very briefly in the report. l\Ir. JOHNSON of Washington. We are not getting confused I "ill state to the gentleman from Wisconsin that the reason is between forest rangers and park rangers? that the Forest Service and the park service could not agree on l\Ir. BARBOUR. I am not. boundaries up until the present time. The area in the present 1\lr. JOHNSON of Washington. And. thi is about park park which it is proposed to eliminate contains certain gt·az rangers? ing sections and some merchantable timber. 1\lr. BARBOUR About park rangers. 1\lr. STAFFORD. It contain some fine standing timbN, some l\Ir. JOHNSON of Washington. What is the total propo ed large trees? · area of the park? Mr. BARBOUR. Some large trees, but not nearly as many l\lr. BARBOUR. About 1,100 square miles. as will be in the park with thi ~ addition to it. l\Ir. JOHNSON of Washington. How does that compare with Mr.· STAFFORD. Does it not contain larg-e treE> that will the . ize of t)le State of Massachusetts? not be preserved? · 1\lr. BARBOUR. Massachusetts is very' much larger than that. l\11'. BARBOUR. They will be pre erved. 1\lr. JOHNSON of Washington. This is about one-fourth of Mr. STAFFORD. How can the gentleman ~Y that when ·we the size of l\lassachusetts? have transferred it to the Forest Sen·ice? l\lr. BARBOUR. I should say about one-sixth. Mr. BARBOUR. The policy of the Fore ·t ...: ervic·e is not to l\lr. JOHNSON of Washington. At any rate, the size is large cut or de ~ troy in any way the standing big trees. enough so that no ordinary force of park rangers would be able iUr. STAFFORD. They are privileged .to do ·o. to coYer it at all? Ml'. BARBOUR. Under the law. l\lr. BA.RBOUR. There is no need of park rangers in all l\lr. STAFFORD. Surely. portions of the park all the time, like a police force in a city. l\Ir. BARBOUR. They can, but their poli y is not to do it, ::.\lr. JOHNSON of Washington. · What does the gentleman but to preserve the big tree . think about section 4? It provides: · 1\-ir. STAFFORD. Why should not that acreage, whicll is That no exclusive privilege shall be granted within said park, or now a part of the park, be retained, notwithstanding the posi over the roads and trails therein, except on ground leased for the tion of the Forest Sen·ice, which wishes to include it under erection of buildings or camps thereon. their domain? I· it not intended that there should not be exclusive rights? l\Ir. BARBOUR. There are a great many people who believe l\lr. BARBOUR. I think it is. that it .·hould be retained in the park, but that particular area l\Ir. JOHNSON of Washington. Then why should we have down there i~ not distinctively scenic in character. It can be the section to which I have referred? administered just as well by the Forest Service as by the Park 1\lr. BARBOUR. All the concessions in the parks, I under Service, and the Forest Service has assured me that those stand, have been let under long-term contracts. Personally, I trees will not be cut. am opposed to exclusive privileges in the parks, such as are now l\lr. STAFFOitD. Is that part of the park developed with granted. roads to accommodate the people who want to see the big trees? ~lr. JOHNSON of Washington. How are we ever going to get Mr. BARBOUR. No. This is chiefly a trail country. riel of them? _ Mr. STAFFORD. In bills of this character it is generally l\Ir. BARBOUR. · By amending the general park act, I sup provided tllat the jurisdiction shall be placed under the National pose. Park f3ervke. This bill does not ruake any reference to the l\Ir. JOIL.'lSON of Washington. That is not easy to do. Here National Park Service. we are proposing to take a park and enlarge the size of it and Mr. BARBOUR. It would come under the general park law pro\'ide· that there shall be no exclusive privileges, and that when it was created as a national park. This l>ill pl'ovides that means no coaches run by a corporation, driving up and down it shall be a national park, and then the general park law will the roads, and no eating houses along the route. . apply to it. 1\lr. BARBOUR. Oh, yes. There is an exception made there, -Mr. STAFFORD. Section 2 provides that the park shall be on the ground leased for buildings or camps. ::Ur. JOHNSON of Washington. So it is proposed to have under the exclusive ~ontrol of the Secretary of the Interior. .Mr. BARBOUR. Yes. some concessions? _ Mr. BARBOUR. The proYision is that, they can lease not l\Ir. STAFFORD. The National Park Serrice is under the control of the Secretary of the Interior, but the Secretary of to e-xceed 10 acres. l\lr. JOHNSON of Washington. Does the gentleman think the Interior would be privileged under this authorization to not have it included in that activity of the service. there will be exclusive right~ given for the sale of photographs? ... Ir. BARBOUR. On a particular 10 acres there may be, but l\Ir. BARBOUR. Well, I would state to the gentleman that on another 10 acres they can have the same kind of concession. it eems to me that creating this area as a national park would l\:Ir. JOHNSON of Washington. I make the prediction that bring it under the pro\isions of the national park act, ancl that the gentleman is making his park entirely tqo large and run by would be sufficient. a small number of lnws and a handful of regulations, and he Mr. CARTER. Xone of the Sequoia h'ee:;: are eliminated will regret that he enlarged the park. ft•om the la'""• are they? l\Ir. WALSH. Will the gentleman yield? 1\Ir. BARBOlTR. Some are scattered through tbi ~ area. But Mr. BARBOUR. I yield. a great man~ more are added to the park. :Mr. WALSH. Some of us have been receiving communica l\Ir. CARTER. · The gentleman from California will recall a ' tions, printed matter, in reference to this Roosevelt-Sequoia bill that was introduced here several years ago dlanging the National Park from women's clubs and various other organiza name of this park from the Sequoia to the Roosevelt Park, ancl tions whose members, I assume, expect to visit the park or who after a somewhat precarious existence on the calendar that bill are interested in the preservation and care of the park, and I was finally stricken off on the objection that it was not desired would like to ask the gentleman f~om California if tllis measure, to eliminate the name " Sequoia." I think the people who eJim. with the proposed amendments, IS so drawn as to conform to inated it had the greatest respect for Mr. Roosevelt. By the the wishes of these people and prevent the park being utilized legislation now proposed it is not intended to eliminate the word for water-power purposes? "Sequoia ' from the name of the park. I will ask the gentle l\1r. BARBOUR. I will state to the gentleman from :Massa man now whether it is not a fact that with this proposition of chusetts that it is satisfactory to all the organizations from calling this park the " Sequoia-Roosevelt Park" no further at which I have heard, and I have heard from the principal ones. tempt will be made to eliminate the \Yord "Sequoia" from its I ha\e not heard from all the women's clubs that have com name? municated with Members of Congress, but the principal organi Mr. BARBOUR. I am certain that is so. zations are satisfied with it; that is, of: those that ha-ve been Mr. 1\0LAN. hlr. Cllairman, will the gentleman yield? communicating with Members. · Mr. B.ARBOUR. Y"es. Mr. VAILE. As I understand it, everybody is satisfied ex· l\ir. KOLA...~. I would like to ask the gentleman if he thinks cept those who want to use it for heat, light, and power? · that section 4 of this bill will prohibit the situation that exists l\1r. BARBOUR. The gentleman has not stated it correctly. now in most of our national parks, where the National Park There are a lot of peo.Ple who want to use the water, heat, SerYice has granted monopolies for tile transportation of people light, and power in that section of the country who are also ·in auu out of the park!'!, as; well as garage and hotel and cam[) satisfied. privileges, as they have done in the Yosemite National Par~ 2194 ooN:GRE ·s1o T_._t\..L -R-ECORD-HousE. FEBRU.AB.Y 6, and in the Grand Canyon National Park and in the Rocky this thing was done, and was told that each one of the letters Mountain Kational Park and in the Yellowstone ~:rational Park represented a sound, and that u. combination of the sounds repre and all the rest of the national parks? sented a word, and that by putting the words together they ~ Mr. BARBOUR. If I understand the gentleman's qucstiou could understand what was written and what was printeu. He correctly, I will say, of course, ·this will only apply to this was not an ignorant man but he was unlettered, not educated particular park. according to book standards of knowledge. But he set to work l\fr. NOLAN. In this particular park will it prohjbit the and invented the alphabet of the Cherokee language, an alphabet granting of a monopoly of concessions to a single individual, so perfect that a child 5 years of age on learning the alphabet allowing him to control all the transportation and hotels and · can read intelligently. He did more for the uplift of the camps and other accommodations for the people? In that re Indians and for the Christianizing and civilizing of the In gard I will say that a deplorable condition exists in the dians than all the missionaires together could have done had nationai parks now, owing to this national park policy. it not been for his invention of the Cherokee alphabet. I think Mr. JOHNSON of Washington. If the gentleman from Cali it is hardly fair or square to try to connect Roosevelt's name fornia will allow me, I suggest that he look at section 2, and with the Sequoia Park when Roosevelt never was inside of the there he will see that it says that "the Secretary may, in his park in his life, and when we have other parks, like the Yellow discretion, lease parcels of ground, not to exceed 10 acres in stone, which he did visit, and to which you could giv.e his name extent, to any person or company for not to exceed 20 years, if you wanted to. There are two reasons why I object to this when such grant is necessary," and it further provides that bill. One is that it makes an unnecessary addition to the park "such leases may be renewed on the -expiration of the terms that in time will mean a permanent expense to the Government thereof." to keep it up, not for the benefit of all the people but for the There is a regulation that has become a law for these parks. benefit of those who can afford to go there. Second, I think it It says nothing about the stage coaches, but you know when you is hardly fair to the memory of Sequoia to connect any other give anybody the right to put a hotel there, if he does not in man's name with his in this park, and I am afraid that I shall - elude everything else that can be thought of on the 10 acres, I have to object. I do not like to do so. will miss my guess. Mr. BARBOUR. Will the gentleman yield right there? Ur. NOLAN. They are not only given 10 acres on the Yosem Mr. tOURRY. I reser\e the right to object. ite National Park and the Rocky Mountain National Park and Mr. BARBOUR. This present paTk is cnlled the Sequoia the Grand Canyon National Park and the Yellowstone National National Park. It was not named after the Indian Chief Se Park, but they have been given monopolies over the entire area quoia. {)f the parks. I know of a ca e in the Yosemite National Park Mr. CURRY. It was named after the Indian Chief Sequoia. where they attempted to drive out an old lady who had gone in l\fr. BARBOUR. Let me complete my statement. It \Vas there 30 years ago, and who ran a bakery, and raised a family named after the tree which was named after the Indian hief there by baking bread and selling it to the tourists. Sequoia. . 1\fr. JOHNSON of Wa hington. What is the difference be Mr. CURRY. Oh, well; that i a distinction without a uiffer tween giving a monopoly of 10 acres and giving control, when ence. ran,.,.ers have authority to prohibit the breaking of a twig or 1\fr. BARBOUR. The tree is found jn this particulru: area and the cutting-of a stick? nowhere else in the world. l\Ir. NOLAN. I am glad to ·ee that the committee has taken Mr. CURRY. Yes. precautions so tbat that will not happen in this park. Mr. BARBOUR. And it was from the tree that the park took 1\Ir. CURRY. Mr. Speaker, oTer 40 per cent of the area of the its name. Now, there is no other particular reason why the State o~ California is in resen·e--forest, mineral, and parks. park should have been called Sequoia except because the tree California increa. ed a.bout 1,100,000 in population during the is found there. This new area that it is proposed to bring in is past 10 year . During the -same time the area of the State a country of entirely different topography. It contains what covered by Federal res~rYes decreased about 100,000 in popula are said to be the most rugged mountains in America that are tion. This bill proposes to increase the area of the Sequoia in one compact area. ... ~ational Park to four time its original size. It eliminates Mr. CURRY. I recognize that fact . part of the park that ought to be included in the park if there Mr. BARBOUR. It is not proposed to detract in any way \fas any reason for its establishment at all, and it includes a from the name of Sequoia, because, in the first place, this park lot of land that ought not to be included in the park, as it is was not named after the Indian, but was named after the tree now in a forest reserye ; land some of which would be good .for which was named after him, and this new section which it is the people to settle upon, to make into farm , and rai e families proposed to include is considered particularly appropriate as a on, and to mine. memorial of ex-President Roosevelt. , ::'llr. BAllROUR. Mr. peaker, will the gentleman yield to l\fr. CURRY. The mountains have been there since the days me? of Adam, and the trees have been there since they were twigs, Jlr. CURRY. In ju t a moment, then I will. I do not think and they will be there forever or until they die of old age. The that there O\,lght to be any more additions made to national creation of this park is not going- to presenc the trees. They pa-rks in the State of California, or anywhere else, wheJ.·-e it are not going to be cut anyway. I do not believe in the addi take arable land out of the possibility of "future cultiyation tion of this acreage to this park. The gro-ves of Sequoia gi and out of occupancy by the people. Neither do I think that gantea are nearly all in the limits of the park now and the any other forest reserves should be created except in genuine other ti·ees are in a forest reser-ve. Some day I hope we will be forests, and not deserts and bare mountains covered by chaparal, able to get some of this land out of the forest reserve and let brush, and greasewood. I would like to know why the name ot people settle on it. the park is changed. I recognize the fact that it would be a Mr. BARBOUR. Will the gentleman yield to me right on splendid thing for :that great man who was President of the that point? _ United State , and who recently passed away, to have a pal'k M.r. CURRY. Yes. named in hi honor, and I would not object to the Yellowstone Mr. BARBOUR. If I understood the gen.tleman correctly, he Park having its named changed to Roosevelt National Park, stated that there was land in there that could be u ed for ao-ri because the Yellowstone National Park was named from a river eultural pm'Poses and homes? called the "Yellowstone" because it flows over a bed of yellow 1\Ir. CURRY. Yes; and for mining. rock, and its name 1s local and is not attached to the name of Mr. BARBOUR. This land, every foot of it, is over 5,000 a man of national anu international fame. feet high. 1t has been reported by the Agricultural Depart But l do not understand why Roosevelt's name hould be ment that there is not a foot of agricultural land in this area. connected with the name of Sequoia, one of the greatest men All of it is under snow a great part of the year. It is true that this country has ever produced. Sequoia was a Cherokee In there .are some meadows. dian. He was born in Georgia, and with his family mo\ed out Mr. CURRY. Cattle and sheep can graze on it. to the Indian Territory. He roamed all over the West, includ Mr. BARBOUR. Yes. ing California, and was one of the first to report the existence Mr. CURRY. If it is _put into the pa'rk, nobody can go in of the " big tree ." He was the inventor of the Cherokee with pick and shovel to find gold and other minerals. alphabet. His English name was George Gest. After he had l\Ir. BARBOUR. Tbere is none in there that anybody has c-r1·own to manhood he could not read or write, but he noticed ever discovered. white men reading, and obtaining knowledge from books . .He . Mr. SWING. Will the gentleman yield? aw white men writing letters, sending tb.em hundreds of miles l\Ir. CURRY. Yes .. -away, and the people who recei\ed them could Tead those letters 1\fr. SWING. I think in the bill presented at the last se~. ion and know what was in them. They could communicate with tllere was a good deal of grazing land "included. The people of . -e.acll other by writing and reading. He inquired as to how my• district were very much interested, because some of them 1922. OONGRESSION AL R.EOORD-HOUSE. 2195 are entirely dependent on grazing, but within the boundaries bridge across the Tombigbee River at or near l\lo cow Landing, covered in this bill practically all the valuable grazing meadows in the State of Alabama. · have been excluded, and I hope that no objection will be made The SPEAKER. Is there objection to the present considera- to th i~. tion of. the bill? l\'Il'. CURHY. There are a number of power sites within the There was no objection. limits of the proposed addition to the park. Some have been The Clerk read the bill, as follows: filed on and the permits are still pending. One of the reasons· Be it enacted, etc., That the State of Alabama through its highway for this bill i::: to take these power sites out of development for department be, and is hereby, authorized to construct and maintain a commercial purposes. I think that is wrong. br~dge and approaches thereto across the Tombigbee River at a point sUitable to .the interests of n~vigation at or near Moscow Landing, Mt·. YAILE. Right there, will the gentleman yield? about 14 mlles south of. the c1ty of Demopolis, in the State of Ala Mr. CUURY. Ye . bama, in accordance with the provisions of the act entitled "An act to Mr. VAILl~. What i. the theory on which the use of the regulate the construction of bridges over navigable waters," approved March 23, 1906. . water for power purposes is regarded as a blasphemy'? It does SEC. 2. That the right to alter, amend, or repeal this act is hereby not use up any natural resource at all, but just harnesses it for expressly reserved. the use and benefit of the people of the United States. The bill was ordered to be engrossed and read a third time, l\fr. GCRRY. It i not considered a blasphemy by me. I am was read the third time, and passed. in favor of u ~·ing the power ites the Almighty created for the On motion of Mr. McDUFFIE, a motion to reconsider the Yote use of man. I am not ~peaking for any other Member of Con whereby the bill was passed was laid on the table. greRs, but only for my elf. 1\lr. BA.ItBOUR The objection is that if they build a dam in ADDITIONAL INSTRUCTION FOR MILITARY .ACADEMY CADETS. there to l'tore the water, they are going to back the water up 'l'he next busines on the Calendar for Unanimous Consent and rtood tbel-ie three canyons in there. was the bill (H. R. 8924) to -amend the act entitled "An act :L\fl'. YAILE. How i. pet·mission gi'\"en to mnl'e these dams? making appropriations for the support of the l\filitary Academy I s it not by the Federal Power Commission? for the fiscal year ending June 3Cf, 1921, and for other pur l\Ir. BARBOUR. By Congress. poses," approved March 30, 1920. l\It·. YAILE. If your bill is passed; but now it is uy the The SPEAKER pro tempore. Is there objection'? Fetleral Power Commission. Mr. WINGO.· Let the bill be reported. l\Ir. BARBOUR. Under the powers given by the United The Clerk read the bill, as follows: StatR · Co ngre~. Be it enacted, etc., That the second proviso of the first paragraph l\Ir. YAILE. The Federal commission has the power to deter un~r the head " Miscellaneous " of the act entitled "An act makinu mine whether or not u dam shall be built. appropriations for the support of the Military Academy for the fiscai year ending .Tune 30, 1921, and for other purposes," approved March l\Ir. BARBOUR. Yes; but Congress has the rlght to d ter 30. 1920 (41 Stat. L., p. 548), is amended to read a$ follows: miue thE:' polley of the national parks. "Provided (urthe1·, That any cadet now at the academy may, at his Mr. YAILE. We have not got quite there yet. We will if this option exercised prior to .Tune 11, 1920, continue at the academy one additional year and postpone thereby his prospective graduation. Any bill pa.·ses. ~ow the Federal Power Commission ha::; the right cadet not electing so to prolong his course shall be graduated in the to determine whether 'or not the power project shall be allowed. year assigned his class prior to the passage of this act, except that .Jir. BARBO'CR. Under tlle power act; but this act propo ·e any such cadet may subsequently, at .any time not less than thre-e months prior to his prospective graduation in such year, choose to that Congress shall a:r to the Federal commis~ton, "These pow reexercise sucll option for the purpose of so prolonging his course." er:-: were granted, but you shall not exercise them in this area.'' l\It·. YAILE. You propose to say to the po·wer commission, The SPEAKER pro tempore. Is there objection? "You three men, who were selected for ~·our integrit:y--Cabi l\lr. WINGO. Resening the right to object, I would like to net officer ·-knowing all about the situation, shall not Jiave a have some one explain the bill. l\lr. ASWELL. Mr. Speaker, there was a bill providing that right to decide whetller these power projects shall go on.'' 1 l\Ir. BARBOUR. ~o; we say we make this a national park, 1 students should be giYen the option of taking a short course or and we take i.r out from under the Federal power act. a long course at the close of the war period, and I think two :Mr. y_ ILE. But right now, nuder the Federal power act, cadets inad'\"ertently chose the short period. This bill merely they ha'\"e to appJ~· to this commission for authority to con permits them to take the long period. struct a dam. and it ha ~ to be passed upon by the Federal 1\lr. \\INGO. How did they " inad\ertently " take the short Power Commission. period? ' l\Ir. BARBOUR. Absolutely. l\lr. ASWELL. They decided to quit, and now they have :\Ir. VAILE. And it ean determine on the likelihood of its decided to take the longer course. being n deh·iment to the scenery, or anything of that kind? ~fr. WINGO. They were gi\en the option? l\Ir. BARBOUR. I presume they have the right to pass on it. l\Ir. ASWELL. They were. • l\Ir. YAILE. Could not the Federal Power Commission use 1\Ir. WINGO. And other boys exercised it? its judgment as well as you expect Congress to l.tse its? Mr. ASWELL. Yes. Mr. BARBOUR. No; the Federal Power Commission only 1\Ir. WINGO. I know one of my boys exercised his option and has such power as we see fit to gi'\"e them. They are not con stared in. cerned in the policy of ::tdmini tering the national parks. This l\Ir. ASWELL. That will permit him to go on if he want~ to' bill propose. . to say that thi shall be a national park and that do so. l\Ir. WINGO. Does it take a statute of Congress to gi\e him there ~ hall be no power develownent in it. This is no reflection on the power commi sion. We say we do not want any power another option? project situated in the park. Mr. ASWELL. The War Department so stated. The War Department has approved the bill, and the Committee on Mili l\Ir. CURRY. Will the gentleman accept an amendment tary Affairs has approved it. trildng out the name " Roo. evelt "? l\Ir. McKENZIE. Mr. Speaker, will the gentleman yield? 1\Ir. BARBOUR. I would not feel justified in accepting an Mr. WINGO. Yes. , amendment of thnt kind. It i · a matter that has been care Mr. 1\IcKENZIE. ·r hope for the good of the Army and the fully considered. The first suggestion for the naming of the Military Establishment, for the good of our country, that the park was made by the Boone ancl Crockett Club, of Xe"· York. gentleman will not object to this bill. In my judgment a great The Roosevelt Association has taken it up and are much inter mistake wa made in permitting the cadets at West Point to e ted in it. It has been discussed in the newspapers and maga graduate at three, then two, and then finally down t6 one year zin e ~ - throughout the east United States. and I would not feel justified in accepting any such amendment. during the war, and I always contended that when the wa1~ Mr. CURRY. I did not know that tlle Boone and Crockett was over those young officel's should have been given the option Club Yoted in the gentleman s district. [Laughter.] of either going back to West Point and completing their four l\Ir. BARBOUR. I flatter myself that I can sometimes ee year co·urse or resigning from the Army. This proposed law simply permits 24 of these young officer: to remain at West beyond the confines of my own district. Point and complete a four year ·' course. l\Ir. CURRY. If the gentleman does not see fit to accept the amendment I feel constrained to object. Mr. PARKER of New Jersey. It is not to go back. They The SPEAKER pro tempore. The gentleman from California would graduate in 1922. l\Ir. McKENZIE. Oh, I understand that the~- are there now, objE:' ·ts·. BRIDGE ACRoss THE TOMBIGBEE RIVER. but this law would permit them to remain another n•ar. Mr. WINGO. The gentleman from Illinois giYes a different The ne~t business on the Calendar. for Unanimous Con ·ent explanation fro·m that given by the gentleman from Louisiana wn. the ~~n ~H. R. 10009) to authonze the State of ~abama [Mr. AswELL]. Do I understand the gentleman to say that through 1t::: highway department to construct and mamtain a , t:hey are already graduated? ·2 96 00!-:GR-ESSIONA..L REOORD-HOUSE. 1TBBRU.A:R.Y 6, Mr. McKE... ·zrE. .:. ·o; they are till there, but they will for only three. Would there be any discrimination in rank as graduate tbis year. But if this bill becomes a law they can re between them 1 main there and graduate next year. Mr. McKENZIE. Na. l\fl". WINGO. They gave them that option? 1\fr. KINCHELOE. If it is going to be for the good -of the 1\Ir. ~lcKENZIE. Certainly. eountry in the matter of ability, does the gentleman not think Mr. WINGO. And the right to tbat option has expired? there ought to be orne -discrimination in rank? l\lr. .McKENZIE. That is my undcrstandino-. l\Ir. l\IcKENZIE. No. If the gentleman's sugge tion were to Mr. WINGO. And this is for the benefit of how many? be carried out, we \VQuld probably have 12 -efficient seeond lieu. Mr. McKENZIE. Twenty-four, I think. tenants at the end of four years, whereas with the 12 who de Mr. FIELDS. And two already out. cided to stay only tlu-ee years we wQuld probably have 12 class Mr. PARKER of New Jer ey. Oh, it is for tile benefit of the B officers, wbo very likely would go ont later. Army and the country. Mr. KINCHELOE. I am -saying these 12 who exercised the Mr. WINGO. Of course, all legislation is for the benefit of option would absolutely be better qualified by having gone the the country in the minds of the proponents. All of them iour-year course than the -other 12 who had only gone the three were given the right to determine whether they would graduate year course, and if it is for the good of the Government to have at the end of three years or four years. .A. certain number exer the four-year cour e ought they not to have a higher rank than cised their option to graduate at the end of three ·years, and now the other 12 \vho did not? they want to reconsider that and take another year. ...ir. McKENZIE. I would not change the rank. Mr. McKENZIE. There never had been a law firing the l\1r. WINGO. 1\Ir. Speaker, the facts are there are 26 men period at West Point until 1920, and I believe from 1861 up who will be affected by this pr<>position; 24 of them are due to until just prior to the war the sy tern hns been to require a gradu te this year, having exercised their option to graduate course of four years. .At that time by Executi\e order it was this year. If this bill is passed, they will be graduated in 1923. changed to three years. ln ~920 Congress passed an act making The dil'ltricts they come from, however, will .be given the right it compulsory for them to·spend four year at West Point, but to put other men in their place in 1922, because the law-- during the war, as the gentleman will remember, the bars were Mr. ASWELL. No. let down and some of them were graduated after being there l\Ir. WlNGO. The Secretary of the War is my authority for three years, some after being there two years, and finally they that statement; and in the case of the 24 cadets, xeading from made an order that they could go out in one year. the Secretary's letter, page 3 of the report: Mr. WINGO. In 1921 they were gi\en the option. There are 26 cadets at the Military Academy who would come within Mr. McKENZIE. I assume o. the .\lrovisions 9f tlt.is bill and who might ~xercise the option therein provided for. T'venty-four of these cadets n.re members of that class Mr. WINGO. T.hey were gi\en that option after the act of which had been assigned to graduate in the year 1922 before the pas March 30, 1920. sage of the act of Mn.rch 30, ~920 ( 41 Stat. L., 548) ; the majority of l\Ir. PARKER of New Jersey. They were given the option this class will graduate in 1923, du~ to their ha.ving exercised the option provided for in the act of l\1arch 30t 1920; but these 24, not long before. having exercised the -option in question, will graduate as <>riginally .l\fr·. WINGO. No; they were not. A young man who was assigned in 1922, and thereby lose the additional or fourth year of going to graduate last year at the last moment decided to take instruction chosen by the majority. Simil.a.r1y, there are two cadets <>f the class originally assigned to graduate in 1923 who did not elect another year. I was requested to designate some one for ex to prolong their course for a year, -and who, for this reason, are to amination in 1921, and then subsequently that was corrected graduate in 1923, one yeru.· ahead of the majority of this cla s who and I was told that the young man had decided to exercise his elected to finish out the four-year course. 'rhis act would impose no obligation on any cudet in question but option and stay on another year. The point I am trying to get wouJd simply extend a privilege to such cadet, of which be might take at is not the law. I know what the law is. These young men advantage. ha\e already exercised their option, have they? In the case of the 24 cadets of the original class of 1922 no interfer ence will occur with the admission of their successors in 1922, pro Mr. McKENZIE. If the gentleman will permit me, they will vided such sucee sors be named, as this case would be covered by be officers in the United States Army whether we pass this llevised Statutes 1318, as amended by act of March 30, 1020 (41. Stat., law or not. They will be given commis ions as second lieu 548), which states in part: "Pt·ovided, That whenever any member of the graduating class s~all fail to complete the course with his class tenants after a three years' cour~e. by reason of sickness, or deficiency in his studies, or other cause, such ~Ir. WINGO. That is obvious. failure shall not operate to delay the admission of his succe .sor. Mr. McKENZIE. In my judgment the interest of the Gov Now that statement of the Secretary of 'Var is about as clear ernment is in their remaining there for another year and com as the conflicting statement here, and I withdraw my objection pleting their course. for that reason. [Laughter.] ::.\Ir. WINGO. But the gentleman does not catch my question. The SPEAKER. The gent~man from Arkan as witbdrnws ~Ir. McKENZIE. I am not interested in these young men. his objection. I am interested in the welfare of the Army. Mr. CABLE. Mr. Speaker, l'el erving the right to object, I :\Jr. WINGO. Assuming it to be to the interest of the coun would like to a.sk the gentleman from Illinois [l\Ir. McKENZIE] try and a snming what is the fact, that if this bill does not a question. Before the war, in 1912, the quota for We t Point pass they would go on and go into the Army as officers, the was 558. Then as a war measuTe the quota was raised so that question I am getting at is a question of fact. Did these young each Representative, instead of .having one nominee at W-est · men exercise their options? Point, was entitled to two, so at present, according to thi t•e• ~lr. McKENZIE. That is the way I understand it. port, they have 1,338 irr the academy. Do you know if it is tlle ..:.fr. WINGO. And now it is proposed to give them the right intention of the committee to :ceduce it to the prewar basi ~? to exerctse the option again and go on for another year even 1\lr. :McKENZIE. I can not answer the gentleman on that tllough they heretofore have exercised the option to take a point. I do not know what the purpose of the committee is. three-year course? .I will say to him, however, as far as I am concerned, that I Mr. ::.\IcKENZIE. I think so, and it will be to the advantage always believed and I so believe now that whatever the num of the Government to permit them to change their minds. ber of officers that are pl'escribed for the A:rmy of the United Jlr. WINGO. The gentleman from Louisiana [1\Ir. AswELL] States that number should be made up by about 50 per cent of saYS there will be two, and the gentleman from Illinois [Mr. the officers coming from West Point and 50 per cent coming McKENZIE] say 24 from civil life, or from the ranks. If w-e are going to cut the ::.\lr. ASWELL. Oh, I said that I know of two. I do not Army down, going to hav-e a small Military Establishment, know how many others there are. going to redneethe personnel in the Army, it may be nee ~·~ ary Mr. ~IcKE.l'l'ZIE. The report says 24. to reduce the number a.t West Point. ::Ur. KINCHELOE. Mr. Speaker, will the gentleman from Ur. CABLE. In an Army of 75,000? Arkan as yield? .Mr. MoKE.r'ZIE. No; we have not figured on an Army of ::\1r. 'VINGO. I yield. 75,000. I am not figuring on ::m Army of 7r:::,ooo I will sny to :llr. KINCHELOE. I want to ask the gentleman from lUi the gentlem.a:n. no :s a question. If I understand, I believe the gentleman says Mr. CABLE. I will ask the gentlema.n another que..;tion. there are 24 who are eligible to exercise this option if this bill How much· does it cost to e Mr: HULL. I think the gentlem:m is mistaken. 'Jihat is• the 1\.U·. WALSH. This says that this reimbursement shall: be capacity of the college. If every one were there there· would be under· sucl1 rules and regula-tions as the Se~retary may pre 1338, but there is something· like 300 vacancies in the college. scribe. Is that the usual thing? '1\Ir. HICKS. If the gentleman will yield, as to the cost uf Mr. SNYDER. That is the usual thing. cadets at West Point I can not answer, but at Annapolis, where Mr. \VALSHL I thought the law provided the conditions of you will find the conditions are somewhat similar, it costs about reimbursement. $11,000 to educate a midshipman. lli. SNYDER. The· I a w provided this : As the gentleman 1\Ir. C.ABLEJ. It. costs at least that at West Point. I with- kriows, a year or so ago we passed in the appropriation bill a draw the objection. section which dir.ected the Secretary- of the Interior to use no 1\I.r. HULL. That includes the overhead. money that was appropriated for any of these·purposes for irri· The SPEAKER. Is there objection? [After a pause.] The gation, and so forth, unless the· users of the water had made Chair hears none. arrangements to pay back and reimburse the money to the Treasury of the United States. The Clerk read as follows: Mr. W .A.LSH. I withdraw the reservation of objection. Be it enaotecl, etc., That the second proviso ~f the first paragr~ph The SPEAKER. Is there objection? [After pause.]_ The under the head " Miscellaneous " of the act entitled "An act makmg a appropriations for the support of the Military Academy for the fiscal Chair hears none. The Clerk will report the bill. year l\Ir. SXYDEll. I think the gentleman from Illinois is abso the same price that it was at first bought for. Then if they get lutely riO'ht. It was just exactly my understanding of the going the value will go up to $20. propo ·ition, that they put in a tentative scheme up there to Mr. Speaker, I offer that amendment, " to strike out $20 per supply 5,000 acres. So far they have suppJied 4,700. They acre." I left out the words "per acre." ha-ve got the plans there that they could put in here for these The SPEAKER. The gentleman from New York offers an 1,400 acres, and what they want is to fix it so that we can pay amendment, which the Clerk will report. them 6 per cent on the investment from the beginning down to The Clerk read as follows : the present time. · Amendment offered by Mr. S~YDEU : Page 2, line 2, strike out " $20 This amendment i · perfectly proper and should go in the bill. per acre" and insert" $12.50 per acre, plus 6 per cent on deferred pay I am willing to help them get $12.50 an acre plus 6 per cent ments." from the time the purchase is made until the time they put the The SPEAKER. The question is on agreeing to the amend water in u e. I think that is all the company has the right to ment. expect. 1Ur. RIDDIOK. Mr. Speaker, I want to oppose the amend Mr. BURTNESS. :?t-Ir. Speaker, will the gentleman yield? ment. :Mr. SXYDER. Yes. The SPEAKER. The Chair will recognize the gentleman l\Ir. BURTNESS. Will the amendment the gentleman sug from Montana. gest allow 6 per cent from the time these irrigation works were :\Ir. RIDDICK. ~1r. Speaker, I think if gentlemen under completed? stand the purpose of this amendment they will vote it down. lUr. SNYDER. No ; from the time this particulm· purchase is .A definite arrangement was entered into between the Indian made that we are authorizing under this law. Department and a number of gentlemen who organized a com Mr. RIDDICK. The gentlemen representing the Two Leggins pany to construct the Two Leggins Irrigation Canal to irrigate Irrigation Canal Co. were in 'Vashington recently and were in this tel'l'itory. The understanding was that the Indian Depart conference with tbe Interior Department, and a tentative agree ment would pay $12.50 an acre for the purchase of the water ment was entered into. The Indians are -very anxious to get right. They used a part of the water to irrigate a part of the the water at this figure, to take land situated in a semiarid land, and the use of the remainder has been deferred until this country worth $10 an acre and hold it for perhaps $100 an acre. late date. ~Ir. SNYDER. That is not mentioned in the hearings. If Now, by a recent act of Congress this Indian reservation is tllat question had been raised in the hearings, I would have to be thrown open to public settlement, and each Indian is to understood about it very quickly. be allotted his share of the land. It is found that some of the Mr. 1\!A.J..'\'""N. When these water rights were originally secured, Indians will get irrigated land and some will get none. They they were secured under provision for the -payment of so much, want to treat all of the Indians alike and irrigate and divide not all in cash. This provision calls for the payment in cash. the I'emainder of the irrigated land among those who other Mr. RIDDICK. In 1912 the Two Leggins Irrigation Canal Co. wise would not get irrigated land. If they . can irrigate this built the Mr. BEGG. Then if Indian A buys a lot upon which the would be able to supply at $12.50 an acre, enough to cover water rights were provided for io years, he will pay $12.50 an nearly 4,800 acres of land. They find now that they have more acre, plus 6 per cent inte1.·est down to date. Is that correct? water than necessary to supply that acreage. I do not know 1\Ir. RIDDICK. Yes. whether it is because the water has not been used. They got Mr. BEGG. But if Indian B buys a lot on which the water their money for it nearly 10 years ago. According tD our right is not proYided for until this bill passes, he will pay $12.50 friend from Montana, the water has not been used. They have an acre only? - not been put to any special e:x:h-a expense in the distribution of l\lr. RIDDICK. He gets it for less than the other Indian the water. does, and that is exactly the reason why the Indian Depart Mr. BEGG. Will the gentleman yield? ment ask that this bill be passed in this way, so as to put every Mr. MANN. Yes. Indian on the same basis. Mr. BEGG. I am not clear about this; when the Indians Mr. BEGG. If the gentleman is correct in that statement, it are allotted lands, is that their private property? does not seem to me that that is equitable at all. One Indian Mr. 1\I.ANN. It is their private property. will pay $12.50 an acre and the other will pay $19 or $20 an acre, Mr. BEGG. And they can sell it? or whatever amount 6 per cent on $12.50 for 10 years would be, Mr. 1\LI\NN. That depends upon the terms of the allotment. added to the original $12.50, and the other Indian would pay In this case they can sell the most, if not all, of it. only $12.50. 1\lr. BEGG. Will the gentleman explain why one Indian Mr. SNYDER. Suppose it should be three years from now be should pay more than another for equal water rights, as it fore some Indian gets his allotments? None of this land has seems they will if this amendment is adopted? been allotted. It is all to be allotted, and the time for the allot Mr. MANN. I do not think that would make any difference; ment has nearly run, and we have a bill in here now asking for I do not know whether they would or not. If so, that would a two-year extension on it. be taken into consideration in making the allotment, because it l\1r. BEGG. I see that clearly, but the interest being cal is the value of the property allotted, and that is supposed tD be culated from the orjginal time, if your amendment carries, I equal. I do not know what the passage in the letter of the do not see how you can prevent charging one Indian one price Secretary of the Interior means, and I doubt if he knows. He and another Indian another price. says 6 per cent interest on deferred payment for cash pay 1\ir. RIDDICK. These Indians do not pay for the land. Each ments. These will be cash payments ; that is the purpose of the Indian gets his allotment or his share of the tribal land free. bill-to appropriate money tD buy water rights. Then when he sells it, the white man who buys the land has to The Two Leggins Co. has the water ; they want to sell it, and · pay for the land and the water right, and the amount collected it is for the interest of the Indians that the Government buy it by the Indian for water right is all reimbursed to the general for the Indians. The water is there and it is useful. The com Indian fund from whence it originally came ; and the final pany has it and can not dispose of it. They want to sell it. purchaser pays the cost of the water right. The money is all We ought to pay what is right about- it, and we ought to do reimbursed to the Indians finally, and I am sure there is no the fair thing. The best test I know of is what they them desire on the part of Congress to take advantage or drive an selves proposed to do 10 years ago--sell it for $12.50 an acre; unfrur bargain. It is a fair agreement that the Indian Depart and with all the knowledge we have we are safe in passing the ment has made with both parties to the contract, and has drawn bill at that rate. I suggest to the gentleman from New York the bill with that in -rie1-r. I hope the amendment will be de that if this amendment is to go in it should provide 6 per cent feated. interest per annum instead of just a 6 per· cent charge on de: .Mr. SNYDER. After all, Mr. Speaker, what we are trying ferred payments. If it is an interest charge it ought to be at to do here to-day is to furnish a place for the Two Leggins Irri the rate of 6 per cent per annum, whatever th~ time is-. gation Co. to sell their water. That is the whole of this prop Houghton Lehlbach Perkin Sh·<>ng, Pa. Hukriede Lineberger Perlman Sullivan stituents i e~ecting to make $12,000,000 profit on one contract Husted Linthicum Peter en Tague for shoes which he e:\."Pects to purchase from the War Depart Jacoway Longworth Porter Taylor, Colo. ment. James Lyon ·Pou Thomas Jefferis, Nebr. McLaughlin, Pa. Pringey Tilson l\lr. CR.A....\rl'ON. Ye . Johnson, Ky. Mansfield Rainey, .Ala. Treadway lir. BLA...~TON. If a private individual can make $12,000,000 Kahn l\{artin Rainey, Ill. Underhill profit on -one contract for shoes from the War Department why Kelley, Mich. Mead Reavis Upshaw Kelly, Pa. ::\lichael. <>n Reed, N.Y. Vare should we not use those shoes in giving them to the destitute Kennedy Mills Riordan ve ~ tal Indians rather t11an buying other shoes? Kirkpatrick Moore, Va. Rodenberg Voigt · Mr. CR.A.l\ITON. That was the idea of the Committee on Kitchin lloore , Ind. Rogers Volk Kline, N. Y. Morin Rosenbloom WardiN. Y. Appropriations, and the Indian Bureau has adopted that point Knight Mudd R<>ssdal e Whee er of view and is going to use those supplies to the utmost. The Knutson Nelson, .A. P. Rucker Williams need is set forth in House Document No. 155, which contain" the Kraus O'Brien Sabath Wilson Kreidel' Ogden Sanders, Ind. Winslow statement of the Commissioner of Indian Affairs with reference Kunz Olpp Shaw Wise to the needs, and without desire to· detain the Hou e, I might Langley · Padgett Snell Wright quote a sentence or two from this statement of Commi ioner Lankford Parker, N.Y. Sproul Yates Lawrence Parrish Stedman Burke: Lee, N.Y. Patter ·on, Mo. Stiness The Indians have felt the lmiversal postwar depression perhaps to a greater n'tent than the 'vhites becau e of tbeil' more or less dependent The SPEAKER. Two hundred and ninety-six Member have economic status, limited resources, and lack of provisions for such emer answered to their ·names, a quorum. gencies. The situation was anticipated to some extent several months 1\Ir. CRAMTON. Mr. Speaker, I move to [1\Ir. CARTEB] entirely too highly to think of proceeding_with Mr. GARRETT of Tennessee. Will the gentleman yield? out the benefit of his advice, and supposed I was proceeding Mr. CRAMTON. I yield. with his full information and approval, and as I understand Mr. GARRETT of Tennessee. The appropriation is out of the resolution before us has entirely the approval of my friend the Treasury of the United States and not out of the Indian from Oklahoma [1\fr. CARTER]. · funds? l\lr. BLACK. Will the gentleman yield? Mr. CRAMTON. Except-and I think this exception is only l\lr. CRAMTON. I will. trifling-if any lndians who are aided have tribal funds in the :Mr. BLACK. Are the e Indians wards of the Government Treasury this lll,oney will be reimbursable out of their funds. and for whom preYious appropriations of this sort haye been Mr. GARRETT of Tennessee. We recently passed a $20, made for their support? poo,ooo bill for Russia, and we are passing $100,000 in this bill l\lr. CRAl\ITON. Generally speaking, yes. The current ap for Indians who are not citizens. propriation bill carries an item of $375,000 that would be avail 1\lr. CRAMTON. But are our waras. able for this sort of purpose, but $323,000 of that goes into Mr. GARRETT of Tennessee. Can the gentleman inform hospitals, and the other $50,000 plus hu been already obli the House whether there is any possibility of the Committee gated, with the exception of $700. on Appropriations considering the matter of relief measures l\lr. BLACK. But what I want to get at is this: We all for miners in areas where they are suffering at this time? know there is a great deal of unemployment in the United l\Ir. CRAMTON. I can not well speak for the committee on States and, perhaps, some destitution among the white and that subject. I have no personal knowledge. Negro folks. Now, is this a new departure or are these Indians l\lr. GARRETT of Tennessee. The gentleman does not think wards that we recognize we owe an obligation to? that will occur? . 1\fr. CRAl\lTOK They are wards of the Go-vernment. We Mr. CRAMTON. Well, my opinion about that wot-ild be of have cared for them in large degree and must continue to do so. very little value, I think. 1\lr. DOWELL. Will the gentleman yield? 1\lr. WALSH. Mr. Speaker, I do not desire to detain the 1\lr. CRAMTON. I will. House at ai1y great length upon this measure, but I am opposed Mr. DOWELL. I take it this matter has been carefully in to it from principle. I know that we have rather recently vestigated by the committee. Can the gentleman tell us what established a yery good precedent by appropriating $20,000,000 estimate the committee placed upon the amotmt that will be for the starving and destitute people of other lands, and it may turned over under this bill from the other departments to the seem trivial to attempt to call attention to this expenditure, Department of Indian Affairs? which is only $100,000, for the relief of destitution amongst l\1r. CRAMTON. It would only be a guess, but l am hopeful the Indians. But I do not believe this is the ·right way to go that from one-half to two-third or three-fourths of it will be about it. I have no criticism to make of the head of the Indian in the form of supplie . Bureau. I think he has been trying to effect economies there. 1\Ir. DOWELL. In other words, the estimu te of the -gentle But I am a little surprised at the generosity of the Committee man is that at least one-half, probably two-thirds, may be co-v on Appropriations, beaded by our gallant leader, the gentleman ere(l into the Treasury from this resolution? from Illinois [Mr. MADDEN], who has made such a splendid Mr. CRAMTON. Yes, sir. record in reducing appropriations below the amount called for :Mr. KINDRED. Will the gentleman yield'! by the Budget, and I am sorry that he should haYe departed 1\lr. CRAMTON. I will. from his policy in this particular instance, because I am told Mr. KINDRED. Can the gentleman state approximately that we have in the offing prospec1ive legislation calling for the how many of the Indians who are to be benefited by this authorization of $500,000 to be taken from the Public Treasury appropriation bill are living in their old tribal relations and to relieve distress and suffering among the miners of West Vir are wards of the Government, or how many haYe renounced ginia and Kentucky and Ohio and possibly some other regions their tribal relations and are not wards of the Government? of the country. 1\Ir. CRAMTON. I assume that practically all of them are Mr. GARRETT of Tennes ee. Mr. Speaker, will the gentle living in tribal relations. man yield? l\lr. CARTER. None of these Indians, Mr. Chairman, have 1\fr. WALSH. I will yield for a question. been released from tribal relationship. That is to say, they are 1\fr. GARRETT of Tennessee. Does the gentleman think it all wards of the Government. The distinction made between an is probably because of those bills that are pending that this bill Indian that is a ward of the Government and an Indian that is is brought in, or what is the policy behind this bill? not, is designated by "competent" and" incompetent." A com 1\fr. WALSH. I do not know what the politics of the meas petent Indian is no longer a ward of the Go-vernment. He is ure are, but if we continue to appropriate money by the millions gi-ren his fi·ee title, and the hand of the Government is taken or by the hundreds of thousands of dollars out of the Public off of him. An incompetent Indian is a ward of the Govern Treasury for purposes such as this, there will be some politics ment and the Government retains its power over him. And all in it along about next fall, when people file their tax returns of this money is to be spent for incompetent Indians. and know what has got to be raised in order to meet the ex l\11·. KI1\"'DRED. To all intents and purposes, they are wa rdl;! penditures authorized and made from the Public Treasury. of the Go-vernment? Now, I have no objection to taking proper care of the Indians. Mr. CARTER. Yes. They are the wards of the Nation, we are told. Of cour e, it is ~lr. BANKHEAD. Is this the usual and ordinary method a mighty good thing for them that they are the wards of the for providing appropriations for these needy Indians who are Nation. It has been my observation that the more money we still wards of the Government? spend in trying to improve the condition of the Indians, l\lr. CRAMTON. I think it is the usual procedure for an curiously enough the more money we have to spend on their emergency. The general bill for the fiscal year 1922 has not account. They are divided, as the gentleman from Oklahoma sufficient funds a-vailable. The deficiency bill, at the time it [1\fr. CARTER] states, into two ·classes, the competent and the becomes a law, will be too late. incompetent. But why this should run until June next is more l\Ir. BANKHEAD. What facts have created this emer than I can see. This is the time of destitution and unemploy gency to "·hich the gentleman refers? ment amongst other classes of people. We are now in the Mr. CRA..."\lTON. A general set of circumstances, including middle of a winter. We have recently gone through a seyere a series of droughts and economic conditions-crop failures, cold spell, together with a heavy fall of snow, and in the wiL-ier suspension of mine operations, and so forth. season it is rather hard, I assume, in these sections of the l\fr. BAl"'\KHNAD. Does not the annual appropriation bill country to work upon the reservation or the farm. Why we carry .an item supposed to be sufficient to take care of it? should continue this up to June, I repeat, is more than I can 1\ir. CRAl\ITON. In the present emergency it de-relops it understand. Furthermore, there is no particular limit to the does not. There are not over $700 available in that item at amount which can be taken out of the War Department and this time. the Navy Department and 'the Shipping Board for these people. Mr. SEARS. l\ly colleague from Oklahoma [Mr. C-UTER] If it is food they need, the supplies are in the War-Department. said, " these Indians." As I read the bill there is no par If it is clothing they need, the supplies are in the War Depart ticular tribe of Indians set forth, but it is me'ant to reach ment. If it is she-lter they need, the material with which to wherever they find Indians in destitute condition? provide the shelter can be secured from the Shipping Board; Mr. CRAMTON: In general, in l\lontana, Arizona, and New and possibly from the 'Var Department. 1\Iexico-- Mr. MADDEN. Mr. Speaker, will the gentleman yield? Mr. SEARS. But there are destitute Indians in other places, 1\fr. WALSH. Certainly. and this bill would reach those? Mr. 1\fADDEN. I think it has been disclosed to the satisfac Mr. CRAMTON. Ye . tion of the Committee on Appropriations, aft-er a very careful h~II--139 2202 CONGR.ESSIONAL RECORD- HOUSE. FEBR -A.R,y 6 ' nml thorough iuve ·tigation of what the War- Department and reliable people who li>e right there adjoinhi00 and upon the the hipping Board could supply, that they had not all the reservation, and who know the situation, auu who are in dally thing. that we-re requisite, but to the extent that they have touch with those Indians, and they a~ m·ed me that they were tiling that can be u ·ed they are to be used. positive that the tatements that there wa. suffering and hunger I wi..h to ay further, if the gentleman \'i"ill yield- and deaths from staryation there were untrue. Befor w are :::\fr. WAL H. Certainl -- to believe these harrowing tales I hould like som more tl fi ::\Il·. ~IADDEN. That in all the inye tigat·ons I have ever nite evidence than has been presented here. [Applau e.] mau in any case I haYe ne-.:-er reached a conclu ion which was 1\lr. CRA.l\ITON. 'Vill the gentleman·s·ield? so much to my ati faction, as to the merit of the case, as the 1\lr. RIDDICK. I yield to the gentleman from Michigan. <.'onclusion I ha1 reached as to the imv<~rtance and neces ity 1\Ir. CRAl\lTO::N. If the. e Indians hale uch a large amount ann emergency and merit of the case that i pending. , of money in their tribal fund , of course they must stand for :\Ir. WALSH. Well, of coru· e, \\"e all recognize that the this expen e under the term of the resolution. But is it not gentleman from Illlnoi 1ery seldom lets hi· great big generous true that in the Yery recent pa t we have appropriated to buy heart get the better of his judgment, but I think very likely: seed, and so forth, for the relief of white farmers in 1\Iontantt tba t has happened in this instanc~e. becau. e of repeated crop failures? ~lr. REED of We t T"irginia. Mr. o..:peaker, will the gentle- 1\fr. RIDDICK. I am glad to an wer the gentleman' que - man yield for a question? _ tion. We have not furnished free eed to any farmer in :Jlon ::Hr. WALSH. I yield to the gentleman from We t Virginia. tana or elsewhere who have as~et of their own. I have ~ Ym .lir. REED of \Ve t Virginia,. Is the Hou e' to understand pathy for any people, white or Indian, who are really needy; from the uggestion of the gentleman that he thinks it feasible but these Indians, who ha>e property ag()'regating upwartl of for the Indians to be housed on the unseawoi·thy ship that the $20,000 in value to each family and who have a large tribal • hipping Board ha floating around here omewhere? bank account that can be made aYailable for any immediate ~Ir. WALSH. ~o. I did not intend to convey that sugges need~, whether for food, clothing, eed, implement , or any tion, and only a mariner from the State of West Virginia· would thing of that kind, are not in uch a condition a to warrant J1a Ye been able to put ~uch an interpretation upon my remarks. u in taking money out of the Treasury of the United State !Laughter.] that we have to collect from other people, who are Iuu:d up, to I woulcl like to say that we lUlYe got a lot of other people give to the e Indians simply because they are hard up. During who are de. titute in this country; we have got a lot of other the pa t eight years we have been educating the public to beli ve people who are suffering in the middle of winter. that whene1er anyone is hard up an appropriation should be They arc citizens of the United States; they are loyal to the made and h~ should be placed in comfortable circumstances GoYerrunent; and th y are looking for employment and willing with money taken out of the National Treasury. It i time to to work if they can o-et employment. 'Ihey are in many in stop that kind of business. The public expect ongre · to stance dependent upon public charity at the present time. If economize, and we ought not to spend ene cent that j not abso we tart in upon this program, \Ve will have gentlell').en here lutely necessary. with a very strong argument in fayor of spendin..,. money directlY, Mr. LITTLE. Will the gentleman yielu? out of the Treasury to take care of the suffering people in other l\1r. RIDDICK. I yield to the gentleman from K:lllStlS. ections of the country who may not be so fortunate as to be Mr. LITTLEJ. In cases where they haYe , 20,000 to a family, wa1·ds of tlJe Nation. Kow, the gentleman from illinois stated do they not have to pay for the seed out of that? that a Yery careful investigation disclosed that the "\Va1· Depart Mr. CRAMTON. The information giwn by the on11m :·ionel' ment Secretary of tile Interior, at the suggestion of the Director of the 1\Ir. WALSH. Mr. Speaker, a parliamentary inquir~·. Budget, and of tile President of the United States himself. I do The SPEAKER. The gentleman will tate it. not know from what avenue my friend from Montana gets his Mr. WALSH. The gentleman from Michigan .stated that information other than through the officials of this GoYern· "pending tlmt '1 he made the point of no quorum. Doe· that ment. For my part I prefer to take the official a-venues of the mean that if no quorum is present there will be an automatic Go\ernment. . roll call. 1\Ir. GARRETT of Tennessee. The gentleman from Montana The SPEAKER. The Cllair does not think tllat the words said that he went personally to the Blackfeet Reservation. "pending that" would make any difference. The Chair thinks l\Ir. CARTER. I understand; but the Commissioner of Indian it would be an nutomatic roll call. It is clear that there is no Affairs made an investigation, and he says that the Indians in quorum present. The Doorkeeper will dose the doors, the Montana are in a destitute condition. Sergeant at Arms will notify absentees, and the Clerk will call Mr. 'VALSH. Will the gentleman yield? the roll. l\lr. CARTER. Yes. The Clerk called the roll, and· there were-~·E'ns 133, nay 103, 1\Ir. WALSH. Did the Commissioner of Indian Affairs say not \Oting 172, as follows: that his information was based upon his personal in\estigation? YEd.S-155. l\lr. CARTER. Certainly not ; he did not say that he went .Ackerman Dowell Kinkaid llaker over the reservation himself, but _the Commis ioner of Indian .Anderson Dunn Kissel Ranslf'y Andrew , Nebr. :Bvans Kleczku Reece Affair had had the matter investigated. My attention has been Anthony Fairchild Kline, Pa. Rhodes called by the gentleman from Idaho [1\Ir. FRENCH] to the state .Appleby Faust Kopp Roa<:h ment of Commissioner Burke, in which he says that "a careful Arentz Favrot Larson, Minn. Robert~ou Barbour Fish Lazaro Rose house-to-house investigation has been made." Beedy FisheL' Lea, Calif. Sanders, N.Y. Mr. WALSH. By whom was the investigation made? Benham Focht Leatherwood Schall 1\Ir. CARTER. By the regular authorized agents of tile Bixler Frf'nch Little Scott, l\lirll. Blanu, Vu. Frothingham London Shreve GOH'l'Illllent. Now, there was a time when the American Indian Boie!': Gahn Luce Siegel wa · supreme• on this continent. There was a time when he Brennan Gensman McClintic Sinclair Briggs Glynn McCormick Sinnott owned all the land of the entire countr:r. He did not have to Brooks, Ill. Graham, Ill. McFadden Smith, Idaho ask the white man for arms. There was a time when all he Browne, Wis. Greene, fass. McLaughlin, Mich.Smithwir · had to do, when seeking redress for any imaginary or real Bulwinkle Griffin McLaughlin. K ebr. Snydpr Burroughs Hadll'y McPherson Swank wrong. was to rush upon the warpath. as :yon civilized people Burtness Hardy, Colo, 1\fadden Sweet are wont to do to-day. [Laughter.] But he was deprived of Butler Haugen l\fagec Swing his patrimony in order that this great Republic might endure, Callli1bell, Kans. Hawes Mafoney Temple Cannon Hawley Mapes TenEyck and I am surprised that a gentleman coming from a sec-tion of Carter Hayden Merritt Tillman the country that my distinguished friend from Massachusetts Cpandlt>r, N.Y. Hickey Michener· Timberlake comes from, the very hub of civilization, should oppose a small Chindb)om Hicks l\Illler Tinkham Christopherson Himes Moore, Ill. Vaile appropriation like this for a clas~ of people whom the officials Clague Huddleston Moore, Ohio Walters of his own administration say are in need of assistance, are in Clarke. N. Y. Hud peth Morgan Ward. N.C. dire need of assistance, at thl time, and one of these officials Cockran Hutchi.JJ_son Kelson, J. M. Wason Cooper. Wi.. Ireland Ne-wton, linn. Watson no less a personage than the President himself. I am surprised Crago Jacoway ·Nolan Wenvl'r that my friend from l\'Iassachusett · should oppose this resolu Cramton - Johnson, S.Dak. Norton WPb&'ter tion. when day after clay we are making appropriations much Cullen John. on, Wash. OlrHield Williamson Curry Jones. Pa. Osborne Wilson mQre recklessly. Dale K(>ller Parker, N.J. ·wingo l\1r. BUTLER. Will the gentlemau yield? Dallinger K endall Parks, Ark. Wood, Ind. Mr. CARTER. Yes. Darrow Ketcham Pattet·son, Mo._ Woodruff Davis, Minn. Kindr!.'£1 Patterson, N.J. Wurzbach l\1r. BUTLER. I understand the resolution provides for desti King Purnell tute Indians. If an Indian has $1,000 or $2,000 or more, he is Dickinson NAY~-103. not destitute. Crisp Lanham l\lr. Will Almon Ran Moore:, Ind. l'l"iugf;!:r ._haw Treadway To-day it is my greater privilege, an Not all the world is yet tranquilized. But here is !he examp1~, EXECUTIVE COMMUNICATIONS, ETC. to imbue with new hope all who. dwell in apprehensiOn. At this Under clause 2 of Rule XXIV, exeeutive collllllunications were table came understanding, and understanding brands armed con~ taken from the Speaker's table and referred as follows : flict as abominable in the eyes of enlightened civilization. 511. A letter from the Secretary of the Treasury, transmit I once belieyed in armed preparedness. I advocated it. But ting a draft of legislation for the relief of J. L. Sunrmers, dis I ha\e come now to believe there is a better preparedness in a bursing clerk, Treasury Department, in the sum of $50.63; to public mind and a world opinion made ready to gra~t justice the Committee on Claims. precisely as it exacts it. And justice is better served m confer 512. A letter from the president of the Chesapeake & Potomac ences of peace than in conflicts at arm~. Telephone Co., transmitting report of the company for the year How simple it all has been. When you met here 12 weeks ended December 31, 1921 ; to the Committee on the District of a''O there was not a commitment, not an obligation, except that Columbia. which each delegation owes to the Government ~ommission~g it. But human service was calling, world conscu~nce was Im REPORTS OF COl\lilllTTEES ON PUBLIC BILLS AND pelling, and world opinion directing. RESOLUTIONS. I .:.. -o intrigue no offensive or defensi\e alliances, no involve Under clan ·e 2 of Rule XIII, ments have w~ougbt your agreements, but reasoning ~th e~ch Mr. KINKAID : Committee on Irrigation of Arid Lands. other to common understanding bas made new relat10nsb1pS H. R. 4382. A bill to provide for the application of the recla amon"' Governments and peoples , new securities for peace, and mation law to irrigation districts; with amendments (Rept. No. new ~pportunities for achieYement and attending happiness. 662). Referred to the Committee of the Whole House on the Here have been e':3tablisbed the contacts of reason, here bas state of the Union. come the inevitable understandings of face-to-face exchanges Mr. FOCHT: Committee on the District of Columbia. H. R. when passion does not inflame. The very atmosphere shamed 10275. A bill authorizing the extension of the park system in national selfishness into retreat. Viewpoints were exchanged, the District of Columbia; with an amendment ( Rept. No. 663). differences composed, and you came to understand how common, Referred. to the Committee of the Whole House on the state of after all are human aspirations; how alike, indeed, and how theU~~ ' easily re~onciliable are our national aspirations; how sane and l\lr. FOCHT: Committee on the District of Columbia. S. simple and satisfying to seek the relationships of peace an By 1\fr. SANDERS of New York: A bill (H. R. 10296) pro 3829. By Mr. LINTHICUM: Petition of G. Clem Goodrich, viding for payment of expenses incident to the la t illness and banker, of Baltimore, 1\fd., p.rotesting against the soldiers' death of yeterans of the vv·orld War whose injurie or diseases bonus; also, petition of Jett Bros. Co., of Baltimore, Md., pro were incurred in line of duty; to the Committee on Interstate testing against allowance of " duty-free :• articles brought into and Foreign Commerce. this cotmtry; to the Committee on Ways and .Means. By Mr. FROTHINGHAM: A bill (H. R. 10297) to extend 3830. By Mi·. McPHERSON: Petitions of the Baptist Church the limitations of time upon the issuance of medals of honor, of Richards; the First Baptist Church, of Marionville; the First distinguished service Cl'osses, and distinguished service medals BaptiBt Church, of Exeter; the Round Grove -Bapti~t Church, at to persons who ser~ed in the Army of the United States during Round Grove; and the First Baptist Church, of Monett, all in the World War; to the Committee on l\Hlita.ry Affairs. the State of Missouri, recommending the passage of House joint By Mr. BENHAl\i: Resolution (H. Res. 280) concerning rela resolution 159, amending the Constitution of the United States tions between the people and Government of the United States so as to prohibit appropriations for sectarian purposes; to the and the people and Go>ernment of Mexico; to the Committee on Committee on the Judiciary. Rules. 3831. By Mr. MAcGREGOR: Petition of the Council of the city of Buffalo, urging the passage of House bill 9579; to the PRIVATE BILLS .A...~D RESOLUTIONS. Committee on Banking and Currency. · Under clause 1 of Rule XXII, private bills aml resolutions 3832 . .Also, petition of the Methodist Epi copal Church of '''ere introduced and severally referred as follows: Buffalo, :N. Y., urging Congress to take immediate action in By Mr. BLA1'YD of irginia: A bill (H. R. 10298-) granting the form of special and immediate legislation providing that the an increase of pension to Elie Jones Quinby; tO' the Committee payment of the Austria debt to the United -states be suspended on Invalid Pensions. for at least 20 years; to the Committee on ·ways and Means. Also, a bill (H. R. 10299) granting a pension to Harvey Price; 3833. By Mr. ROGERS: Resolutions adopted by the Depart to the Committee on Pensions. ment of Massachu etts, Veterans of Foreign Wars, opposing an By Mr. BRITT&~: A bill (H. R. 10000) for the relief of order relative to navy yarcl employees, which was recently William J. Sutherland; to the Committee on Claims. issued by·the Secretary of the Navy; to the Committee on Naval By l\lr. CLOUSE: A bill (H. R. 10301) granting a pension Affairs. to Mary S. Maxwell ; to the Committee on Invalid Pensions. 3834. By Mr. SL.~CLAIR: Petition of Tri-State Grain anti By Mr. FAVROT: A bill (H. R. 10302} authorizing and di Stock Growers' Convention, held at Fargo, N. Dak., asking fot· l·ecting the Secretary of War to cause to be made a preliminary a guaranteed price of $2 per bu~hel on wheat; to the Com examination and survey of the Amite RiYer and Bayou Man mittee on Agriculture. chac, in Louisiana ; to the Committee on RiYers and Harbors. · 3835. Also, petition of F. J. Weir, Robert Rotering, and W. E. Also, a bill (H. R. 10303) authorizing and directing the Secre Dyer, commissioners of Slope County, N. Dak., in support of tary of War to cause to be made a preliminary xamination and House bill 9807, for the relief of farmers of drought-stricken survey of the Tchefuncta and Bogue Falaya Ri>ers, in Louisi areas in the purchase of see Stat s · ~ra!n Corporntion and ·for a guaranteed ·price on wheat; S. 2468. An act providing for the sale and disposal of public to the Committee on Agriculture. lands within the area heretofore surveyed as Tenderfoot Lake, 3 -±8. AI o, petition of G. S. :Mun